Domestic v International Law Note

What is sovereignty?

The supreme power a nation holds to govern itself without external interference, including authority over its territory, government, and citizens.

What are the key aspects of sovereignty?

• The exclusive right to establish laws, policies, and government systems.

• The ability to interact with other nations independently.

• Ensures a nation’s autonomy, independence, and freedom to protect its people’s interests.

What does Article 2(1) of the United Nations Charter state about sovereignty?

“The Organization is based on the principle of the sovereign equality of all its Members."

What are the four main components of a sovereign nation?

• Population – A body of people.

• Territory – Defined geographic boundaries.

• Government – An organized system to enforce laws and govern.

• Capacity for Foreign Relations – To be able to interact with and have a relationship with other sovereign states.

What is the principle of non-intervention?

The right of every sovereign state to conduct its own affairs without outside interference.

What is the principle of non-interference?

Sovereign states must not intervene in each other’s internal matters.

How does sovereignty relate to international relations?

Sovereign states interact as equals under international law and are responsible for their own governance without external control.

What is Domestic Law?

The set of laws and legal systems that apply within a specific country but generally do not apply beyond its borders.

Give examples on how domestic laws impact daily life

They regulate:

• Employment laws (workplace rights and obligations).

• Highway speed limits (traffic regulations).

• Criminal laws (e.g., murder, drug trafficking).

What is the supreme law of a country?

A country’s constitution is the highest law, overriding federal, provincial, and municipal laws.

Why do different countries have different legal systems?

Cultural, historical, and political factors shape legal frameworks, and each country develops its own legal traditions; for example, Commonwealth nations often follow British common law.

What are the main types of legal systems worldwide?

1. Civil Law – Based on written codes/statutes.

2. Common Law – Based on judicial precedents.

3. Muslim Law – Derived from Islamic teachings.

4. Customary Law – Based on long-standing traditions.

5. Mixed System – A combination of two or more legal traditions.

What is the highest source of law in Canada?

Constitutional Law, which is made up of:

• British North America Act (BNA, 1867)

• Canadian Constitution (1982)

• Constitution Act (1982)

What is the Charter of Rights and Freedoms?

A part of the Constitution that guarantees and protects individual and collective rights, and it only applies to government and government agencies.

Are Charter rights absolute?

No. Under Section 1, rights can be limited if restrictions are reasonable and justifiable (e.g., limits on free speech).

What are the seven main articles of the Constitution?

1. Legislative Branch – Law-making body.

2. Executive Branch – Enforces laws.

3. Judicial Branch – Interprets laws.

4. Relationships Between States – Defines provincial & federal roles.

5. Amending the Constitution – Process for making changes.

6. National Supremacy Clause – Constitution is the highest law.

7. Ratification – Official approval of the Constitution.

What is statute law (legislative law)?

Written laws (statutes/acts) created by the government, subject to constitutional limits.

What are the main purposes of statute law?

1. Create prohibitions (e.g., Criminal Code).

2. Impose obligations (e.g., Income Tax Act).

3. Provide benefits (e.g., Employment Insurance Act).

4. Grant rights/protections (e.g., Human Rights Code).

5. Regulate professions (e.g., Medical Act).

What is the difference between statutes and regulations?

Statutes:

• enacted by legislative body

• general framework of laws in a specific area of laws

• require debate and approval before becoming law

• more permanent and difficult to change (requires legislative process)

• primary law (cannot be overridden by regulations)

Regulations:

• created under the authority of a statute by executive bodies

• specific rules under statutes

• no debate required for adoption

• more flexible and easier to amend

• secondary law (can be overridden by statutes)

What is a delegated legislation?

Regulations made by an authorized body (e.g., minister, agency) under a statute to clarify or apply the law.

How do regulations work under a statute?

• Statute sets the general rules (e.g., Medical Act).

• Regulations clarify details (e.g., Minister of Health sets annual fees under the College of Physicians and Surgeons Regulations).

Why are regulations faster than statutes?

They don’t require parliamentary debate, allowing executive officials to make changes more quickly.

Why are regulations less permanent than statutes?

They can be easily changed and must follow the parent statute, meaning they can be overridden.

What does it mean that regulations are subordinate to statutes?

• They must be authorized by a statute.

• They cannot conflict with the statute.

• They can be overturned by changes to the statute.

What is common law (case law)?

Judge-made law where courts refer to previous cases (precedents) to decide disputes.

Where does common law apply in Canada?

In all provinces except Quebec, which follows civil law.

many important areas of law for residents are governed primarily by the ____________ (including contracts and torts)

common law

Can common law be overridden?

Yes, statutes can override common law (e.g., public health laws overriding battery laws in medical treatment).

Example of common law being overridden by statute?

• Common law: Touching a patient without consent is battery.

• Statutory law: Public health laws allow doctors to treat patients without consent for certain communicable diseases.

What are key characteristics of a common law system?

• Based on judicial decisions and precedents, not written in a single formal legal code.

• Legal judgments are final and binding.

• Highest court rulings must be followed (precedent).

How does precedent work in common law?

Lower courts must follow rulings from higher courts in similar cases.

What is a Federalist System?

A system where power is divided between different levels of government, specifying which level has authority over various laws.

What does the federal government have power over (s.91)?

The federal government has authority over:

• Criminal Law

• Immigration

• Currency

What does the provincial government have power over (s.92)?

Provincial governments control:

• Roads (within the province)

• Education

• Pharmacy regulation

What is a Constitutional Monarchy?

A system where a sovereign (monarch) acts as Head of State, but the government operates under a constitution.

Who represents the Sovereign in Canada’s government?

The Governor General acts on behalf of the monarch at the federal level.

What are the three branches of government in Canada?

1. Executive Branch – Prime Minister & Cabinet.

2. Legislative Branch – Parliament (Senate & House of Commons).

3. Judicial Branch – Supreme Court, Federal Court, Provincial Courts.

What are the key elements of a democracy?

• Rule of Law

• Human Dignity

• Political Freedoms

• Being Informed & Getting Involved

• Respect

• Personal Freedoms

• Common Good

• Political Equality

What is international law?

A set of rules and customs that governs the relationships between countries (states).

How are international relationships governed?

Through agreements that are either bilateral (between 2 countries) or multilateral (involving 3 or more countries). Examples:

• United Nations (UN)

• World Health Organization (WHO)

• North Atlantic Treaty Organization (NATO)

What are the sources of international law?

• Treaties – Formal agreements, such as those with Indigenous Peoples.

• Customs – Historical relationships between countries.

• Organizations – International entities like NATO, WHO, and INTERPOL.

What are some main subjects of international law?

1. Human Rights – Protecting fundamental rights.

2. Use of Armed Force – Promoting peaceful conflict resolution.

3. Protection during War – Safeguarding individuals in conflict.

4. Trade and Development – Regulating international commerce.

5. Law of the Sea – Rules for maritime activity.

6. Environmental Issues and Climate Change – Protecting natural resources and the environment.

7. Transportation – Ensuring safety for international travel.

8. Telecommunications – Regulating global communication systems.