Judicial Decisions p2

2 ways judges make law

- interpretation
- creating + changing common law

Interpreting Constitution

- not easily changed
- provisons must be interpreted using broad+purposive approach
- interpret leg to comply w con
- dialouge btwn courts and leg

Creating Common Law

- rule of precedent-like cases alike
-certainty + predictability- w out rule could just decide whatever

Whos Bound by Common Law?

- every 1 bound by scr- ontario by court of appeal
- other prov court of appeal - same weight-dont have to follow
- outside of can - persuasive but not binding
- scr not bound by own deicisions

What Bound by?

- ratio decidi- reason 4 decision-legal principle
- obiter dicta- reason outside of ratio- not binding

Lawyers

- expand/ compress ratio
- expand to fit
-compress to not fit

When Bound?

- when case is efficently similar to precident

Lang in Decisions

- dissent = outvoted
- judge write reaosn to convince ppl of ratio
- justify to public - give legitimacy- not just apply law, argument- written reasons