A vote for the hegemony using force as a deterent negates the means
for the majority.
Code of Hammurabi
We lost something along the way, for those who would presume to sit
in judgement: 5. If a judge has given a verdict, rendered a decision, granted
a written judgment, and afterward has altered his judgment, that
judge shall be prosecuted for altering the judgment he gave and
shall pay twelvefold the penalty laid down in that judgment.
Further, he shall be publicly expelled from his judgment-seat and
shall not return nor take his seat with the judges at a trial.
Defrocking is a rarity. Judges know it. Lawyers know it. It's
time for change.
Mosaic law
Roman, the Law of Twelve Tablets
Justinian Code
Code Napoleon
The Trials
Trial by ordeal
Trial by oath helping
Trial by combat → adversairial system
Assizes → Common law (case law) → stare decisis
→ rule of precedent
The Magna Carta (1215) → Habeas Corpus
Blencoe v. British Columbia (Human Rights Commission),
Justice Louis LeBel: "The notion that justice delayed is
justice denied reaches back to the mists of time. In Magna
Carta in 1215, King John promised: 'To none will we sell, to
none will we deny, or delay, right or justice.'"
"...an English statute amenable to ordinary legislation" (not
a Constitutional document) - Peter Hogg
The Charter of the Forest (1217) → public access to
Crown land, common stewardship of shared resources
Canadian law is based on the laws of England and France
English law = "common law" or "case law"
French law, Quebec = "civil law"
Common law (case law) + Law of Equity → Statute laws
Law of Canada, minus Quebec, is common law (law of equity) and statute law