137-759: The Rebellion Losses Bill (full name: An Act to provide for the Indemnification of Parties in Lower Canada whose Property was destroyed during the Rebellion in the years 1837 and 1838 ) was a controversial law enacted by the legislature of the Province of Canada in 1849. Its passage and subsequent royal assent, this being a affirmation of responsible government in the colony, by the Governor General , James Bruce, 8th Earl of Elgin makes
274-401: A constitution , written or tacit, and the rights encoded therein. The law shapes politics , economics , history and society in various ways and also serves as a mediator of relations between people. Legal systems vary between jurisdictions , with their differences analysed in comparative law . In civil law jurisdictions, a legislature or other central body codifies and consolidates
411-644: A federal system (as in Australia, Germany or the United States) or different voting configuration in a unitary system (as in France). In the UK the upper house is appointed by the government as a house of review . One criticism of bicameral systems with two elected chambers is that the upper and lower houses may simply mirror one another. The traditional justification of bicameralism is that an upper chamber acts as
548-417: A parliamentary system , as with Britain, Italy, Germany, India, and Japan, the executive is known as the cabinet, and composed of members of the legislature. The executive is led by the head of government , whose office holds power under the confidence of the legislature. Because popular elections appoint political parties to govern, the leader of a party can change in between elections. The head of state
685-688: A ruler ') is a set of ordinances and regulations made by ecclesiastical authority , for the government of a Christian organisation or church and its members. It is the internal ecclesiastical law governing the Catholic Church , the Eastern Orthodox Church , the Oriental Orthodox Churches , and the individual national churches within the Anglican Communion . The way that such church law
822-440: A "common law" developed during the reign of Henry II during the late 12th century, when Henry appointed judges who had the authority to create an institutionalised and unified system of law common to the country. The next major step in the evolution of the common law came when King John was forced by his barons to sign a document limiting his authority to pass laws. This "great charter" or Magna Carta of 1215 also required that
959-499: A Government of the Sword." He laid out the remedy – responsible government – but was spurned, and the colony descended into rebellion. Though a moderate reformer, Robert Baldwin strongly disapproved of the rebellion of 1837–38, and as a function of his views provided allegedly a lackluster defense of Peter Matthews (rebel) , who was executed for his role in the Rebellion. Baldwin served as an intermediary, with John Rolph, between
1096-674: A contest,' thus becoming the first member to be elected to the United Parliament. He was also later returned to Hastings. Although Baldwin was elected in two seats in Canada West , reformers were in the minority. In Canada East , gerrymandering and Orange Order violence were used to prevent the election of Louis-Hippolyte LaFontaine , leader of the Canadien reformers in Terrebonne , outside Montreal. To ensure LaFontaine
1233-488: A hierarchy of types of municipal governments, starting at the top with cities and continued down past towns, villages and finally townships. This system was to prevail for the next 150 years. Robert Baldwin was not a natural politician. He was described as melancholy, and awkward in public. He gave speeches in a whispering, halting style. Although elected in 1830 as a member of the Legislative Assembly for
1370-442: A house of review. This can minimise arbitrariness and injustice in governmental action. To pass legislation, a majority of the members of a legislature must vote for a bill (proposed law) in each house. Normally there will be several readings and amendments proposed by the different political factions. If a country has an entrenched constitution, a special majority for changes to the constitution may be required, making changes to
1507-547: A hundred citizens – most of them on a single day at Batoche,” Saskatchewan, during the Riel Rebellion . “The first measure of any citizen-based culture” he adds, “must not be its rhetoric or myths or leaders or laws but how few of its citizens it kills.” This non-violent tradition we owe to Robert Baldwin and Louis-Hippolyte LaFontaine, who refused to abandon principle, and who walked away from retribution. Baldwin Steps ,
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#17327656188791644-580: A loss about where to run after his loss in Hastings. Orange mobs continued to rule out any chance in Hastings, or in 2nd York, where he had lost to Orange leader George Duggan. LaFontaine, in yet another act of friendship, gave up his seat representing 4th York, thus allowing the desperate Baldwin to run there. David Willson , having arranged for the Reform Association rally during the illumination ceremony, now became Baldwin's campaign manager. It
1781-532: A motion on June 9, 1846, authorizing compensation of £9,986 for claims studied prior to the presentation of the report. Nothing further was accomplished on this question until the dissolution of parliament on December 6, 1847. The general election of January 1848 changed the composition of the House of Assembly in favour of the opposition party, the moderate reformists led by Robert Baldwin and Louis-Hippolyte Lafontaine . The new governor, Lord Elgin , who arrived in
1918-601: A process of reform, at least in terms of economic, if not social and political, rights. A new contract code in 1999 represented a move away from administrative domination. Furthermore, after negotiations lasting fifteen years, in 2001 China joined the World Trade Organization . In general, legal systems can be split between civil law and common law systems. Modern scholars argue that the significance of this distinction has progressively declined. The numerous legal transplants , typical of modern law, result in
2055-541: A result of a Caesarian in 1836. He took no part in the Political Union movement of the 1830s. Two weeks after Eliza Baldwin's death, Sir Francis Bond Head (1793–1875) arrived as the new Lieutenant Governor, to address reform grievances. He sought out and appointed reformers Baldwin, John Dunn and John Rolph to the Executive Council with three Compact members. Baldwin's condition for joining
2192-584: A seat in English Canada, and Baldwin obtained his seat in French Canada. The Baldwin-LaFontaine ministry barely lasted six months before Governor Bagot also died in March 1843. He was replaced with Sir Charles Metcalfe , whose instructions were to check the "radical" reform government. The relationship between Baldwin and Metcalfe soured over Baldwin's Secret Societies Bill, which sought to outlaw
2329-466: A seat, Baldwin proposed to David Willson , leader of the Children of Peace , that they nominate LaFontaine for the seat in 4th York. Baldwin also insisted that Sydenham include LaFontaine in the reformed Executive Council, or he would resign as Solicitor General. Their alliance allowed Lafontaine to have a seat in the assembly in 1841 and for Baldwin to win the by-election in 1843. On 3 September 1841,
2466-751: A “Reform Association” in February 1844, to unite the Reform movement in Canada West to explain their understanding of responsible government before the expected election. Twenty-two branches were established. A grand meeting of all branches of the Reform Association was held in the Second Meeting House of the Children of Peace in Sharon . It was ultimately to serve as the springboard for Baldwin's successful candidacy in 4th York. Baldwin had been at
2603-462: Is legislated , interpreted and at times adjudicated varies widely among these three bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council ; these canons formed the foundation of canon law. The Catholic Church has the oldest continuously functioning legal system in the western world , predating the evolution of modern European civil law and common law systems. The 1983 Code of Canon Law governs
2740-499: Is a code of Jewish law that summarizes some of the Talmud's interpretations. A number of countries are sharia jurisdictions. Israeli law allows litigants to use religious laws only if they choose. Canon law is only in use by members of the Catholic Church , the Eastern Orthodox Church and the Anglican Communion . Canon law ( Ancient Greek : κανών , romanized : kanon , lit. 'a straight measuring rod;
2877-587: Is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a legislature , resulting in statutes ; by the executive through decrees and regulations ; or by judges' decisions, which form precedent in common law jurisdictions. An autocrat may exercise those functions within their realm. The creation of laws themselves may be influenced by
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#17327656188793014-458: Is a system of rules, divided into primary (rules of conduct) and secondary ones (rules addressed to officials to administer primary rules). Secondary rules are further divided into rules of adjudication (to resolve legal disputes), rules of change (allowing laws to be varied) and the rule of recognition (allowing laws to be identified as valid). Two of Hart's students continued the debate: In his book Law's Empire , Ronald Dworkin attacked Hart and
3151-472: Is an "authority" to mediate people's interests. Oliver Wendell Holmes defined law as "the prophecies of what the courts will do in fact, and nothing more pretentious." In his Treatise on Law , Thomas Aquinas argues that law is a rational ordering of things, which concern the common good, that is promulgated by whoever is charged with the care of the community. This definition has both positivist and naturalist elements. Definitions of law often raise
3288-733: Is apart from the executive, and symbolically enacts laws and acts as representative of the nation. Examples include the President of Germany (appointed by members of federal and state legislatures ), the Queen of the United Kingdom (an hereditary office ), and the President of Austria (elected by popular vote). The other important model is the presidential system , found in the United States and in Brazil . In presidential systems,
3425-513: Is authority, identifiable purely through social sources and without reference to moral reasoning. In his view, any categorisation of rules beyond their role as authoritative instruments in mediation is best left to sociology , rather than jurisprudence. The history of law links closely to the development of civilization . Ancient Egyptian law, dating as far back as 3000 BC, was based on the concept of Ma'at and characterised by tradition, rhetorical speech, social equality and impartiality. By
3562-467: Is law?" There have been several attempts to produce "a universally acceptable definition of law". In 1972, Baron Hampstead suggested that no such definition could be produced. McCoubrey and White said that the question "what is law?" has no simple answer. Glanville Williams said that the meaning of the word "law" depends on the context in which that word is used. He said that, for example, " early customary law " and " municipal law " were contexts where
3699-543: Is stronger in civil law countries, particularly those with a separate system of administrative courts ; by contrast, the public-private law divide is less pronounced in common law jurisdictions. Law provides a source of scholarly inquiry into legal history , philosophy , economic analysis and sociology . Law also raises important and complex issues concerning equality, fairness, and justice . The word law , attested in Old English as lagu , comes from
3836-441: Is that law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. In The Concept of Law , H. L. A. Hart argued that law is a "system of rules"; John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire ; and Joseph Raz argues law
3973-1060: Is the Supreme Court ; in Australia, the High Court ; in India, the Supreme Court of India ; in the UK, the Supreme Court ; in Germany, the Bundesverfassungsgericht ; and in France, the Cour de Cassation . For most European countries the European Court of Justice in Luxembourg can overrule national law, when EU law is relevant. The European Court of Human Rights in Strasbourg allows citizens of
4110-490: Is the legal systems in communist states such as the former Soviet Union and the People's Republic of China . Academic opinion is divided on whether it is a separate system from civil law, given major deviations based on Marxist–Leninist ideology, such as subordinating the judiciary to the executive ruling party. There are distinguished methods of legal reasoning (applying the law) and methods of interpreting (construing)
4247-567: Is to make laws, since they are acts of the general will ; nor whether the prince is above the law, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we can be both free and subject to the laws, since they are but registers of our wills. Jean-Jacques Rousseau, The Social Contract , II, 6. The philosophy of law is commonly known as jurisprudence. Normative jurisprudence asks "what should law be?", while analytic jurisprudence asks "what
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4384-701: The Manusmriti (c. 100–300 AD) were foundational treatises in India, and comprise texts considered authoritative legal guidance. Manu's central philosophy was tolerance and pluralism , and was cited across Southeast Asia. During the Muslim conquests in the Indian subcontinent , sharia was established by the Muslim sultanates and empires, most notably Mughal Empire 's Fatawa-e-Alamgiri , compiled by emperor Aurangzeb and various scholars of Islam. In India,
4521-459: The "is" and what "ought to be" problem. Bentham and Austin argued for law's positivism ; that real law is entirely separate from "morality". Kant was also criticised by Friedrich Nietzsche , who rejected the principle of equality, and believed that law emanates from the will to power , and cannot be labeled as "moral" or "immoral". In 1934, the Austrian philosopher Hans Kelsen continued
4658-504: The Codex Hammurabi . The most intact copy of these stelae was discovered in the 19th century by British Assyriologists , and has since been fully transliterated and translated into various languages, including English, Italian, German, and French. The Old Testament dates back to 1280 BC and takes the form of moral imperatives as recommendations for a good society. The small Greek city-state, ancient Athens , from about
4795-611: The Council of Europe member states to bring cases relating to human rights issues before it. Some countries allow their highest judicial authority to overrule legislation they determine to be unconstitutional . For example, in Brown v. Board of Education , the United States Supreme Court nullified many state statutes that had established racially segregated schools, finding such statutes to be incompatible with
4932-486: The Early Middle Ages , Roman law was rediscovered around the 11th century when medieval legal scholars began to research Roman codes and adapt their concepts to the canon law , giving birth to the jus commune . Latin legal maxims (called brocards ) were compiled for guidance. In medieval England, royal courts developed a body of precedent which later became the common law . A Europe-wide Law Merchant
5069-577: The English Court of Common Pleas had five. This powerful and tight-knit judiciary gave rise to a systematised process of developing common law. As time went on, many felt that the common law was overly systematised and inflexible, and increasing numbers of citizens petitioned the King to override the common law. On the King's behalf, the Lord Chancellor started giving judgments to do what
5206-1251: The Enlightenment . Then, in the 19th century, both France, with the Code Civil , and Germany, with the Bürgerliches Gesetzbuch , modernised their legal codes. Both these codes heavily influenced not only the law systems of the countries in continental Europe but also the Japanese and Korean legal traditions. Today, countries that have civil law systems range from Russia and Turkey to most of Central and Latin America . In common law legal systems, decisions by courts are explicitly acknowledged as "law" on equal footing with legislative statutes and executive regulations . The "doctrine of precedent", or stare decisis (Latin for "to stand by decisions") means that decisions by higher courts bind lower courts to assure that similar cases reach similar results. In contrast , in civil law systems, legislative statutes are typically more detailed, and judicial decisions are shorter and less detailed because
5343-571: The Fourteenth Amendment to the United States Constitution . A judiciary is theoretically bound by the constitution, just as all other government bodies are. In most countries judges may only interpret the constitution and all other laws. But in common law countries, where matters are not constitutional, the judiciary may also create law under the doctrine of precedent . The UK, Finland and New Zealand assert
5480-668: The French , but mostly the German Civil Code. This partly reflected Germany's status as a rising power in the late 19th century. Similarly, traditional Chinese law gave way to westernisation towards the final years of the Qing Dynasty in the form of six private law codes based mainly on the Japanese model of German law. Today Taiwanese law retains the closest affinity to the codifications from that period, because of
5617-538: The Hindu legal tradition, along with Islamic law, were both supplanted by common law when India became part of the British Empire . Malaysia, Brunei, Singapore and Hong Kong also adopted the common law system. The Eastern Asia legal tradition reflects a unique blend of secular and religious influences. Japan was the first country to begin modernising its legal system along Western lines, by importing parts of
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5754-679: The Latin Church sui juris . The Eastern Catholic Churches, which developed different disciplines and practices, are governed by the Code of Canons of the Eastern Churches . The canon law of the Catholic Church influenced the common law during the medieval period through its preservation of Roman law doctrine such as the presumption of innocence . Roman Catholic canon law is a fully developed legal system, with all
5891-479: The Old Norse word lǫg . The singular form lag meant ' something laid or fixed ' while its plural meant ' law ' . But what, after all, is a law? [...] When I say that the object of laws is always general, I mean that law considers subjects en masse and actions in the abstract, and never a particular person or action. [...] On this view, we at once see that it can no longer be asked whose business it
6028-622: The Quran has some law, and it acts as a source of further law through interpretation, Qiyas (reasoning by analogy), Ijma (consensus) and precedent . This is mainly contained in a body of law and jurisprudence known as Sharia and Fiqh respectively. Another example is the Torah or Old Testament , in the Pentateuch or Five Books of Moses. This contains the basic code of Jewish law, which some Israeli communities choose to use. The Halakha
6165-681: The absolutist theory of Thomas Hobbes ' Leviathan . Sun Yat-sen 's Five Power Constitution for the Republic of China took the separation of powers further by having two additional branches of government—a Control Yuan for auditing oversight and an Examination Yuan to manage the employment of public officials. Max Weber and others reshaped thinking on the extension of state. Modern military, policing and bureaucratic power over ordinary citizens' daily lives pose special problems for accountability that earlier writers such as Locke or Montesquieu could not have foreseen. The custom and practice of
6302-597: The "basic pattern of legal reasoning is reasoning by example"—that is, reasoning by comparing outcomes in cases resolving similar legal questions. In a U.S. Supreme Court case regarding procedural efforts taken by a debt collection company to avoid errors, Justice Sotomayor cautioned that "legal reasoning is not a mechanical or strictly linear process". Jurimetrics is the formal application of quantitative methods, especially probability and statistics , to legal questions. The use of statistical methods in court cases and law review articles has grown massively in importance in
6439-424: The 22nd century BC, the ancient Sumerian ruler Ur-Nammu had formulated the first law code , which consisted of casuistic statements ("if … then ..."). Around 1760 BC, King Hammurabi further developed Babylonian law , by codifying and inscribing it in stone. Hammurabi placed several copies of his law code throughout the kingdom of Babylon as stelae , for the entire public to see; this became known as
6576-474: The 6th century, which were rediscovered by 11th century Italy. Roman law in the days of the Roman Republic and Empire was heavily procedural, and lacked a professional legal class. Instead a lay magistrate , iudex , was chosen to adjudicate. Decisions were not published in any systematic way, so any case law that developed was disguised and almost unrecognised. Each case was to be decided afresh from
6713-431: The 8th century BC was the first society to be based on broad inclusion of its citizenry, excluding women and enslaved people . However, Athens had no legal science or single word for "law", relying instead on the three-way distinction between divine law ( thémis ), human decree ( nomos ) and custom ( díkē ). Yet Ancient Greek law contained major constitutional innovations in the development of democracy . Roman law
6850-839: The Anglican bishop Maurice Scollard Baldwin , Toronto mayor Robert Baldwin Sullivan and the Irish-Catholic leader Connell James Baldwin . The Russell-Willcocks-Baldwin family formed an elite "compact" much like the infamous "Family Compact" led by Sir John Robinson against whom they fought. In 1827, Baldwin, married his cousin Augusta Elizabeth Sullivan, daughter of Daniel Sullivan. The couple had four children, two sons and two daughters. The marriage ended with Augusta Elizabeth's death in 1836. Robert Baldwin died twenty-two years later, in 1858. Robert Baldwin
6987-685: The Bill outraged Anglo-Canadian Tories in Montreal, resulting in the burning of the Parliament Buildings in Montreal in 1849. Robert Baldwin's grandfather, also Robert Baldwin ("Robert the Emigrant") moved to Upper Canada from Ireland in 1799. His father was William Warren Baldwin (April 25, 1775 – January 8, 1844). The Baldwin family was a prominent one. Robert Baldwin counted among his cousins such influential Upper Canadians as
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#17327656188797124-437: The Children of Peace held a campaign rally for Baldwin and LaFontaine in their Temple , where they rejoiced "to say that we have it in our power to show our impartial respect to the Canadian people of the Lower Province." Despite threats of Orange Order violence, LaFontaine was elected as representative of 4th York . However, before LaFontaine could take up his seat, Governor Sydenham died. His replacement, Sir Charles Bagot ,
7261-434: The Council. On January 29, 1849, Lafontaine moved to form a committee of the whole House on February 9 to "take into consideration the necessity of establishing the amount of Losses incurred by certain inhabitants in Lower Canada during the political troubles of 1837 and 1838, and of providing for the payment thereof". The consideration of this motion was pushed ahead on several occasions. The opposition party, which denounced
7398-484: The Country party rejected the commercial ideology of the royal "Court” party. The Country party had a republican emphasis that sought to preserve the power of a democratic parliament from the encroachments of the crown during the vast expansion of state administration, public credit, and the financial and commercial revolutions in the late eighteenth century and early nineteenth centuries. It was similar to American conceptions of “ civic republicanism ” as they developed after
7535-405: The Executive Council was a verbal commitment by Bond Head to a responsible government. Bond Head later refused to give written confirmation of the agreement, so Baldwin resigned within a month and convinced the other councilors, both Reform and Tory, to resign with him. This convinced Bond Head that the Reformers were intractable. He called an immediate election, in which he as Lt. Governor waded into
7672-407: The Governor-General had not recommended that the House "make provision for liquidating the claims for Losses incurred by the Rebellions in Lower Canada, during the present session". The amendments were rejected and the committee was eventually formed on Tuesday, February 20, but the House was adjourned. The debates that took place between February 13 and 20 were particularly intense and, in the House,
7809-438: The King's entourage of judges hold their courts and judgments at "a certain place" rather than dispensing autocratic justice in unpredictable places about the country. A concentrated and elite group of judges acquired a dominant role in law-making under this system, and compared to its European counterparts the English judiciary became highly centralised. In 1297, for instance, while the highest court in France had fifty-one judges,
7946-445: The Montreal Riots. These culminated in the burning of the Parliament building on April 25, 1849, which at the time was in Montreal. On February 28, 1845, the representatives sitting in the Legislative Assembly unanimously adopted the text of an address asking Governor Metcalfe to take measures to compensate the inhabitants of Lower Canada whose properties were damaged or destroyed during the armed conflict of 1837–8 . Prior to that, in
8083-418: The Orange Order and its political violence. Metcalfe rejected the legislation and then began appointing his supporters to patronage positions without Baldwin and LaFontaine's approval. They resigned in November 1843, beginning a constitutional crisis that lasted for a year. This year-long crisis, in which the legislature was prorogued, “was the final signpost on Upper Canada's conceptual road to democracy. Lacking
8220-416: The Parliament, the Lafontaine–Baldwin ministry submitted it to Lord Elgin for assent. Some outraged English-Canadians demanded the governor refuse assent. Lord Elgin had his own misgivings about the bill, making many Tory supporters confident that the governor would reject the bill. Elgin nonetheless gave royal assent to the bill on April 25, 1849. Montreal's English population was incensed. Elgin's carriage
8357-405: The Quran as its constitution , and is governed on the basis of Islamic law. Iran has also witnessed a reiteration of Islamic law into its legal system after 1979. During the last few decades, one of the fundamental features of the movement of Islamic resurgence has been the call to restore the Sharia, which has generated a vast amount of literature and affected world politics . Socialist law
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#17327656188798494-454: The Rebellion was more widespread in Lower Canada so that compensation in Lower Canada was seen as "giving money to the rebels". Secondly, the damage done by the army far exceeded the damage done by the rebels, so that enacting provisions to compensate for damages done by the army was considered an act of disloyalty to the Crown. The enactment of the bill angered some of Montreal 's Tory citizens and provoked weeks of violent disturbances known as
8631-437: The Sharia: the Supreme Constitutional Court of Egypt may invalidate such laws, and in Iran the Guardian Council ensures the compatibility of the legislation with the "criteria of Islam". Prominent examples of legislatures are the Houses of Parliament in London, the Congress in Washington, D.C., the Bundestag in Berlin, the Duma in Moscow, the Parlamento Italiano in Rome and the Assemblée nationale in Paris. By
8768-430: The U.S. , the two systems were merged . In developing the common law, academic writings have always played an important part, both to collect overarching principles from dispersed case law and to argue for change. William Blackstone , from around 1760, was the first scholar to collect, describe, and teach the common law. But merely in describing, scholars who sought explanations and underlying structures slowly changed
8905-415: The act of 1840 provided for the indemnification of civilians whose property had been damaged without enquiring into the presumed loyalty of persons during the armed conflict. On its part, the Special Council of Lower Canada had also issued an ordinance, in 1838, to indemnify certain parties, but on the basis of their presumed loyalty to the crown. On March 29, 1845, the governor assented to a bill allocating
9042-468: The adjudicator is only writing to decide the single case, rather than to set out reasoning that will guide future courts. Common law originated from England and has been inherited by almost every country once tied to the British Empire (except Malta, Scotland , the U.S. state of Louisiana , and the Canadian province of Quebec ). In medieval England during the Norman conquest , the law varied shire-to-shire based on disparate tribal customs. The concept of
9179-448: The amendment, but the gesture had no effect on the opposition, which persisted in denouncing the measure as amounting to "paying the rebels". Certain liberal MPPs, including Louis-Joseph Papineau and Pierre-Joseph-Olivier Chauveau, opposed the amendment because, according to them, it resulted in the recognition, by the government, of the legality of the military court created by former acting governor John Colborne in order to speedily execute
9316-433: The assent of the bill for the Queen's pleasure, that is to say, to defer the question to the UK Parliament. The press reported that Lafontaine was burned in effigy that night. On February 22, Henry John Boulton , MPP for Norfolk , introduced an amendment that all persons having pleaded guilty or having been found to be guilty of high treason should not receive compensation from the government. The government party supported
9453-399: The bill a landmark piece of legislation in Canadian political history. The bill was enacted to compensate Lower Canadians who lost property during the Rebellions of 1837 with measures similar to those providing compensation in Upper Canada . Two factors made this measure controversial. Even though participants in the Rebellion could not be compensated with taxpayer's money, sympathy for
9590-402: The bill was introduced the same day, then read a second time on March 2. On March 9, the Legislative Assembly passed the bill by a vote of 47 to 18. MPPs from the former district of Upper Canada voted in favour, 17 to 14, while those of the former Lower Canada voted 30 to 4 in favour. Six days later, the Legislative Council approved the bill 20 to 14. Once the bill was passed by both houses of
9727-472: The burning question of the Clergy Reserves and was defeated. In 1853 the Liberal-Conservative party, formed in 1854 by a coalition, attempted to bring him out as a candidate for the upper house, which was at this date elective. Though he had broken with the advanced reformers, Baldwin could not approve of the tactics of their opponents and refused to stand. He died on 9 December 1858 in Spadina aged 54. Even those who most strongly opposed his measures admitted
9864-480: The central state and weaken (Canadien) legislative power. Sydenham reformed the Executive Council, making government ministers members for the first time (i.e. Cabinet Rule ). He attempted to solicit Reform support by appointing Baldwin as Solicitor General in 1840. To follow his principle of responsible government, Baldwin needed to seek election so that he, a government minister, could be accountable to
10001-535: The colony on January 30, first formed a government that did not have the support of the majority of the members in the House. These withdrew their support of the Executive by a vote of no-confidence on March 3. On March 7, governor Elgin called in Baldwin and Lafontaine, respectively leaders of the majority parties in both sections of the united province, to the Executive Council. On March 11, 11 new ministers entered
10138-484: The course of the last session of the Parliament of Upper Canada on October 23, 1840, the representatives had passed an act (3 Vict. c. 76) to indemnify certain parties for losses incurred during the uprising in that province in 1837. A credit of £40,000 had been appropriated to address claims made by inhabitants, but no amount had been spent because the treasury of the province was empty. Amending an act passed in 1838,
10275-586: The defining features of any legal system. Civil law is the legal system used in most countries around the world today. In civil law the sources recognised as authoritative are, primarily, legislation —especially codifications in constitutions or statutes passed by government—and custom . Codifications date back millennia, with one early example being the Babylonian Codex Hammurabi . Modern civil law systems essentially derive from legal codes issued by Byzantine Emperor Justinian I in
10412-443: The desire of the government to "pay the rebels", showed itself reluctant to begin the study of the question which was on hold since 1838. Its members proposed various amendments to Lafontaine's motion: a first, on February 13, to report the vote within ten days "to give time for the expression of the feelings of the country"; a second one, on February 20, declaring that the House had "no authority to entertain any such proposition" since
10549-519: The elected Assembly (Executive Councillors were not ministers) but the Crown's obligation to consult that Council. The slipperiness of the phrase points to its real goal, 'sovereignty by stealth,' without rebellion. It was not until after the Rebellions of 1837 , and the implementation of Lord Durham's Report , that the Executive Council became a cabinet of ministers that were heads of departments, and
10686-516: The elected Assembly, not the Crown. Orange Order riots during the Toronto civic elections in January 1841 convinced Baldwin he could never win a seat in the city. Instead, he sought election in the ridings of Hastings and 4th York. The Children of Peace , who had played a large role in the pre-Rebellion Reform Movement , managed Baldwin's election in 4th York and he 'walked over the course without
10823-585: The electoral fray, and with the use of Orange Order polling violence, expunged the reformers from the Legislative Assembly. Baldwin traveled to Great Britain in 1836 to see the colonial secretary, Lord Glenelg but was refused. He wrote to Glenelg that "if the Mother Country desires to retain the colony ... it can only be done either by force or with the consent of the people. I take it for granted that Great Britain cannot desire to exercise
10960-406: The executive acts as both head of state and head of government, and has power to appoint an unelected cabinet. Under a presidential system, the executive branch is separate from the legislature to which it is not accountable. Although the role of the executive varies from country to country, usually it will propose the majority of legislation, and propose government agenda. In presidential systems,
11097-549: The executive often has the power to veto legislation. Most executives in both systems are responsible for foreign relations , the military and police, and the bureaucracy. Ministers or other officials head a country's public offices, such as a foreign ministry or defence ministry . The election of a different executive is therefore capable of revolutionising an entire country's approach to government. Robert Baldwin Robert Baldwin (May 12, 1804 – December 9, 1858)
11234-902: The golden age of Roman law and aimed to restore it to the peak it had reached three centuries before." The Justinian Code remained in force in the East until the fall of the Byzantine Empire . Western Europe, meanwhile, relied on a mix of the Theodosian Code and Germanic customary law until the Justinian Code was rediscovered in the 11th century, which scholars at the University of Bologna used to interpret their own laws. Civil law codifications based closely on Roman law, alongside some influences from religious laws such as canon law , continued to spread throughout Europe until
11371-463: The government to distinguish between claims made by persons participating in the rebellion and those who had given no support to the insurrectionist party. The total of the considered claims receivable amounted to £241,965, 10 s. and 5 d. , but the commissioners were of the opinion that following a more thorough enquiry into the claims they were unable to make, the amount to be paid by the government would likely not go beyond £100,000. The Assembly passed
11508-558: The governor in 1845, the Draper – Viger government set up, on November 24, a commission to enquire into the claims the inhabitants of Lower Canada had sent since 1838, to determine those that were justified and provide an estimate of the amount to be paid. The five commissioners, Joseph Dionne , P. H. Moore , Jacques Viger , John Simpson and Joseph-Ubalde Beaudry , submitted their first report in April 1846. They received instructions from
11645-530: The idea of the rule of law because he did not accept the primacy of abstract normative principles over concrete political positions and decisions. Therefore, Schmitt advocated a jurisprudence of the exception ( state of emergency ), which denied that legal norms could encompass all of the political experience. Later in the 20th century, H. L. A. Hart attacked Austin for his simplifications and Kelsen for his fiction in The Concept of Law . Hart argued law
11782-428: The ideal of parliamentary sovereignty , whereby the unelected judiciary may not overturn law passed by a democratic legislature. In communist states , such as China, the courts are often regarded as parts of the executive, or subservient to the legislature; governmental institutions and actors exert thus various forms of influence on the judiciary. In Muslim countries, courts often examine whether state laws adhere to
11919-679: The introduction of a modern legal system, reforms to the jury system in Upper Canada, and the abolition of imprisonment for debt . Baldwin is also noted for feuding with the Orange Order and other fraternal societies. The Lafontaine-Baldwin government enacted the Rebellion Losses Bill to compensate Lower Canadians for damages suffered during the Lower Canada Rebellion of 1837–1838. The passage of
12056-684: The introduction of municipal government. Their bravest achievement was to shepherd the Rebellion Losses Bill through Parliament in 1849. It sparked Orange riots, and the burning of the Parliament buildings as much of Europe was similarly engulfed in a wave of republican revolutions and counter-revolutions. The Baldwinite reformers were not a political party. With their primary aim achieved, the center could no longer hold. Internal dissensions soon began to appear, and in 1851 Baldwin resigned. The special struggle leading to his resignation
12193-564: The last few decades. It is a real unity of them all in one and the same person, made by covenant of every man with every man, in such manner as if every man should say to every man: I authorise and give up my right of governing myself to this man, or to this assembly of men, on this condition; that thou givest up, thy right to him, and authorise all his actions in like manner. Thomas Hobbes, Leviathan , XVII The main institutions of law in industrialised countries are independent courts , representative parliaments, an accountable executive,
12330-513: The law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany). However, in a presidential system, the government is usually formed by an executive and his or her appointed cabinet officials (e.g. the United States or Brazil). The executive in a legal system serves as the centre of political authority of the State . In
12467-622: The law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Religious law is in use in some religious communities and states, and has historically influenced secular law. The scope of law can be divided into two domains: public law concerns government and society, including constitutional law , administrative law , and criminal law ; while private law deals with legal disputes between parties in areas such as contracts , property , torts , delicts and commercial law . This distinction
12604-734: The law. The former are legal syllogism , which holds sway in civil law legal systems, analogy , which is present in common law legal systems, especially in the US, and argumentative theories that occur in both systems. The latter are different rules (directives) of legal interpretation such as directives of linguistic interpretation, teleological interpretation or systemic interpretation as well as more specific rules, for instance, golden rule or mischief rule . There are also many other arguments and cannons of interpretation which altogether make statutory interpretation possible. Law professor and former United States Attorney General Edward H. Levi noted that
12741-597: The laws of the State, which mirrors the (theoretical) unimportance of judges' decisions for future cases in civil law systems today. From 529 to 534 AD the Byzantine Emperor Justinian I codified and consolidated Roman law up until that point, so that what remained was one-twentieth of the mass of legal texts from before. This became known as the Corpus Juris Civilis . As one legal historian wrote, "Justinian consciously looked back to
12878-426: The legal profession is an important part of people's access to justice , whilst civil society is a term used to refer to the social institutions, communities and partnerships that form law's political basis. A judiciary is a number of judges mediating disputes to determine outcome. Most countries have systems of appeal courts, with an apex court as the ultimate judicial authority. In the United States, this authority
13015-404: The measure was unanimously supported. On February 17, the leading Tory MPPs held a public meeting to protest against the measure. George Moffatt was elected chairman and various public men such as Allan MacNab, Prince , Gugy , Macdonald , Rose and others gave speeches. The meeting prepared a petition to the governor asking him to dissolve the parliament and call new elections, or to reserve
13152-529: The members of the House that the duel had been cancelled. The English-language press of the capital ( The Gazette , Courier , Herald , Transcript , Witness , Punch ) participated in the movement of opposition to the indemnification measure. A single daily, the Pilot , owned by cabinet member Francis Hinks, supported the government. In the French-language press ( La Minerve , L'Avenir ),
13289-472: The mid-1940s, efforts have been made, in country after country, to bring Sharia law more into line with modern conditions and conceptions. In modern times, the legal systems of many Muslim countries draw upon both civil and common law traditions as well as Islamic law and custom. The constitutions of certain Muslim states, such as Egypt and Afghanistan, recognise Islam as the religion of the state, obliging legislature to adhere to Sharia. Saudi Arabia recognises
13426-520: The military and police, bureaucratic organisation, the legal profession and civil society itself. John Locke, in his Two Treatises of Government , and Baron de Montesquieu in The Spirit of the Laws , advocated for a separation of powers between the political, legislature and executive bodies. Their principle was that no person should be able to usurp all powers of the state , in contrast to
13563-676: The most influential. In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice . Ancient India and China represent distinct traditions of law, and have historically had independent schools of legal theory and practice. The Arthashastra , probably compiled around 100 AD (although it contains older material), and
13700-512: The necessary elements: courts , lawyers , judges, a fully articulated legal code, principles of legal interpretation, and coercive penalties, though it lacks civilly-binding force in most secular jurisdictions. Until the 18th century, Sharia law was practiced throughout the Muslim world in a non-codified form, with the Ottoman Empire 's Mecelle code in the 19th century being a first attempt at codifying elements of Sharia law. Since
13837-580: The new governor, Charles Poulett Thomson , 1st Baron Sydenham, spearheaded the passage of the District Councils Act which transferred the municipal government to District Councils. His bill allowed for two elected councilors from each township, but the warden, clerk, and treasurer were to be appointed by the government. This thus allowed for strong administrative control and continued government patronage appointments. Sydenham's bill reflected his larger concerns to limit popular participation under
13974-538: The notion of justice, and re-entered the mainstream of Western culture through the writings of Thomas Aquinas , notably his Treatise on Law . Hugo Grotius , the founder of a purely rationalistic system of natural law, argued that law arises from both a social impulse—as Aristotle had indicated—and reason. Immanuel Kant believed a moral imperative requires laws "be chosen as though they should hold as universal laws of nature". Jeremy Bentham and his student Austin, following David Hume , believed that this conflated
14111-565: The phrase "responsible government" came to mean their responsibility to the elected Assembly, not the appointed Governor. Municipal government in Upper Canada was under the control of appointed magistrates who sat in Courts of Quarter Sessions to administer the law within a District. A few cities, such as Toronto, were incorporated by special acts of the legislature. After the Union of the Canadas,
14248-570: The positivist tradition in his book the Pure Theory of Law . Kelsen believed that although law is separate from morality, it is endowed with "normativity", meaning we ought to obey it. While laws are positive "is" statements (e.g. the fine for reversing on a highway is €500); law tells us what we "should" do. Thus, each legal system can be hypothesised to have a ' basic norm ' ( German : Grundnorm ) instructing us to obey. Kelsen's major opponent, Carl Schmitt , rejected both positivism and
14385-490: The positivists for their refusal to treat law as a moral issue. Dworkin argues that law is an " interpretive concept" that requires judges to find the best fitting and most just solution to a legal dispute, given their Anglo-American constitutional traditions. Joseph Raz , on the other hand, defended the positivist outlook and criticised Hart's "soft social thesis" approach in The Authority of Law . Raz argues that law
14522-416: The principle of representative government people vote for politicians to carry out their wishes. Although countries like Israel, Greece, Sweden and China are unicameral , most countries are bicameral , meaning they have two separately appointed legislative houses. In the 'lower house' politicians are elected to represent smaller constituencies . The 'upper house' is usually elected to represent states in
14659-661: The principle. The meaning of the phrase evolved. In an 1828 Upper Canadian petition to the British Parliament on colonial ills, it was an assertion that the Constitutional Act was a treaty between the British Parliament and the colonial peoples, and could not be arbitrarily altered by one or the other party. In 1836, when Baldwin convinced the members of the Executive Council to resign over Lt. Governor Bond-Head's refusal to consult them on administrative appointments, it did not mean ministerial accountability to
14796-489: The prisoners of 1839. On February 23, Lafontaine presented a series of seven resolutions which included the introduction of a bill to indemnify inhabitants for their losses during the armed conflict of 1837-1838. The bill, entitled Bill to provide for the Indemnification of Parties in Lower Canada whose Property was destroyed during the Rebellion in the years 1837 and 1838 , authorized total payments of £90,000. The seven resolutions were adopted individually on February 27, and
14933-640: The purity and unselfishness of his motives. After the concession of responsible government, he devoted himself to bringing about a good understanding between the English and French-speaking inhabitants of Canada , and his memory is held as dear among the French Canadians as in his native province of Ontario . John Ralston Saul pointed out in the inaugural LaFontaine-Baldwin Symposium , that “we have killed in political strife among ourselves less than
15070-469: The question of the extent to which law incorporates morality. John Austin 's utilitarian answer was that law is "commands, backed by threat of sanctions, from a sovereign, to whom people have a habit of obedience". Natural lawyers , on the other hand, such as Jean-Jacques Rousseau , argue that law reflects essentially moral and unchangeable laws of nature. The concept of "natural law" emerged in ancient Greek philosophy concurrently and in connection with
15207-595: The rebels and the Lt. Governor, carrying a flag of truce to the rebel camp north of Toronto on 5 December 1837, but failed to head off an armed clash. He and his father William advised Lord Durham to suggest responsible government to the British government. In response to Durham's Report, the British Government appointed Charles Poulett Thomson (later Lord Sydenham) as Governor with two main tasks. Firstly, he
15344-503: The reply and passed a written note to Blake which provoked him to a duel. The two men left the room to go outside. Soon after, the Speaker suspended the sitting and sent the sergeant at arms to bring them back to their duty. Macdonald came back while Blake could not be found. He was asked to appear before the bar of the House on Monday, February 19 to give explanations for his departure. The House accepted his explanation. The two men assured
15481-402: The revenue from the tavern licences in Canada West to the payment of claims by habitants settled in the former Upper Canada who had still not received any compensation. A sum of £38,658 was raised between April 5, 1845 and January 24, 1849 by the means of this law. Later, in 1846, the revenues from wedding licences were also allocated for the same purpose. Following the adoption of the address to
15618-573: The revolution among Jacksonian Democrats, as well as in the Chartist movement in Britain in the late 1830s. The concept of "responsible government" has been attributed to Dr. William W. Baldwin and his son, Robert. Although the idea of colonial ministerial responsibility to a colonial parliament had been touted since the late 18th century, the Baldwins were among the first to successfully implement
15755-469: The same tone and Blake even went as far as claiming the Tories to be the true rebels, because, he said, it was they who had violated the principles of the British constitution and caused the civil war of 1837–38. Blake refused to apologize after his speech, and a mêlée burst out among the spectators standing on the galleries. The speaker of the House had them expelled and a confrontation between MacNab and Blake
15892-574: The scale of the American Revolution, it nonetheless forced a comparable articulation and rethinking of the basics of political dialogue in the province.” During the year-long crisis, Metcalfe was to champion the Sydenham system and its conceptions of a limited, liberal capitalist government accountable to the imperial state, not the local Assembly; he continued to govern, demonstrating the irrelevance of Parliament. Baldwin now established
16029-402: The sharing of many features traditionally considered typical of either common law or civil law. The third type of legal system is religious law, based on scriptures . The specific system that a country is ruled by is often determined by its history, connections with other countries, or its adherence to international standards. The sources that jurisdictions adopt as authoritatively binding are
16166-458: The split between Chiang Kai-shek 's nationalists, who fled there, and Mao Zedong 's communists who won control of the mainland in 1949. The current legal infrastructure in the People's Republic of China was heavily influenced by Soviet Socialist law , which essentially prioritises administrative law at the expense of private law rights. Due to rapid industrialisation, today China is undergoing
16303-402: The town of York in a by-election, he was defeated in the general election later that year. Despite this inauspicious start, his adherence to principle and his fearlessness in the face of Orange Order electoral violence won him the loyalty of voters in the post-Rebellion period. After losing his seat in the 1830 election, Baldwin withdrew to his private legal practice until his wife's death as
16440-621: The tutelage of a strong executive. Baldwin was one of the few Reformers who opposed the District Council Act; he considered its reform by the Baldwin Act in 1849 one of his greatest accomplishments. The Baldwin Act made the municipal government truly democratic rather than an extension of central control of the Crown. It delegated authority to the municipal governments so they could raise taxes and enact by-laws . It also established
16577-506: The two had to run for re-election. While LaFontaine was easily re-elected in 4th York, Baldwin lost his seat in Hastings as a result of Orange Order violence. It was now that the pact between the two men was completely solidified, as LaFontaine arranged for Baldwin to run in Rimouski , a constituency in a heavily francophone area of Canada East. This was the union of the Canadas they sought, where LaFontaine overcame linguistic prejudice to gain
16714-434: The verbal violence of the representatives soon yielded to physical violence. Tory MPPs Henry Sherwood , Allan MacNab and Prince attacked the legitimacy of the proposed measure because according to them it rewarded the "rebels" of yesterday and constituted an insult to the "loyal" subjects who had fought against them in 1837 and 1838. On February 15, executive councillors Francis Hincks and William Hume Blake retorted in
16851-621: The way the law actually worked. Religious law is explicitly based on religious precepts. Examples include the Jewish Halakha and Islamic Sharia —both of which translate as the "path to follow". Christian canon law also survives in some church communities. Often the implication of religion for law is unalterability because the word of God cannot be amended or legislated against by judges or governments. Nonetheless, most religious jurisdictions rely on further human elaboration to provide for thorough and detailed legal systems. For instance,
16988-418: The word "law" had two different and irreconcilable meanings. Thurman Arnold said that it is obvious that it is impossible to define the word "law" and that it is also equally obvious that the struggle to define that word should not ever be abandoned. It is possible to take the view that there is no need to define the word "law" (e.g. "let's forget about generalities and get down to cases "). One definition
17125-504: Was also felt in the American Revolution and subsequent Jacksonian politics. The Country party embodied a civic humanism that drew on ancient Greek and Roman conceptions of citizenship, and the value of selfless political participation for the public good; those selfish few who placed their private interests before the public good threatened the moral commitment of all citizens to political participation. The civic humanism of
17262-404: Was an Upper Canadian lawyer and politician who with his political partner Louis-Hippolyte Lafontaine of Lower Canada , led the first responsible government ministry in the Province of Canada . "Responsible Government" marked the province's democratic self-government, without a revolution, although not without violence. This achievement also included the introduction of municipal government ,
17399-666: Was an attempt to abolish the Court of Chancery of Upper Canada , whose constitution was due to a measure introduced by Baldwin in 1849. The attempt, though defeated, had been supported by a majority of the representatives from Upper Canada, and Baldwin's fastidious conscience took it as a vote of confidence. A deeper reason was his inability to approve of the advanced views of the Radicals, or " Clear Grits ," as they came to be called. On seeking re-election in York, he declined to give any pledge on
17536-462: Was avoided by the intervention of the Sergeant at Arms. On February 16, John A. Macdonald , opposition MPP for the riding of Kingston , provoked William Hume Blake to a duel. While Blake was reading excerpts from a document, Macdonald interrupted him to request that he read the phrases and paragraphs in full. Blake replied that he would read whatever he wanted to read. Macdonald did not appreciate
17673-472: Was equitable in a case. From the time of Sir Thomas More , the first lawyer to be appointed as Lord Chancellor, a systematic body of equity grew up alongside the rigid common law, and developed its own Court of Chancery . At first, equity was often criticised as erratic. Over time, courts of equity developed solid principles , especially under Lord Eldon . In the 19th century in England, and in 1937 in
17810-496: Was formed so that merchants could trade with common standards of practice rather than with the many splintered facets of local laws. The Law Merchant, a precursor to modern commercial law, emphasised the freedom to contract and alienability of property. As nationalism grew in the 18th and 19th centuries, the Law Merchant was incorporated into countries' local law under new civil codes. The Napoleonic and German Codes became
17947-467: Was heavily influenced by Greek philosophy, but its detailed rules were developed by professional jurists and were highly sophisticated. Over the centuries between the rise and decline of the Roman Empire , law was adapted to cope with the changing social situations and underwent major codification under Theodosius II and Justinian I . Although codes were replaced by custom and case law during
18084-546: Was not able to form a mixed cabinet of Reformers and Tories, and so he was forced to include the "Canadien party" under LaFontaine. LaFontaine refused to join the Executive Council unless Baldwin was also included. Bagot was finally forced to accede in September 1842, and when he became severely ill thereafter, Baldwin and Lafontaine became the first real premiers of the Province of Canada. However, to take office as ministers,
18221-501: Was pelted with stones and rotten eggs, and by the evening a riot had developed which lasted for two days and involved thousands of people. By the time the rioting had ended, mobs had caused thousands of dollars in damage and razed the Montreal Parliament building. Despite the violent opposition, Lord Elgin's grant of assent established the principle of responsible government in the Province of Canada. Law Law
18358-586: Was reported that over three thousand people attended this June rally for Baldwin. At the general election which followed, the Governor-General was sustained by a narrow majority. The year-long political crisis had, however, made it clear that responsible government was inevitable; even the old Compact Tories, now reshaped into an incipient conservative party, demanded some form of responsible government. Metcalfe continued to govern until struck down by illness in 1846. The new Governor-General, Lord Elgin ,
18495-576: Was sent out specifically to acknowledge responsible government in the Canadas. In 1848 the Reformers were again returned to power, and Baldwin and Lafontaine formed their second administration on March 11 and carried numerous important reforms, including the Amnesty Act which offered pardons to all those involved in the Rebellions of 1837–8, the creation of a secular University of Toronto , and
18632-503: Was the grandfather of Frederick Walker Baldwin , a Canadian aviation pioneer and partner of the famous inventor Alexander Graham Bell . Robert Baldwin was also the grandfather of Robert Baldwin Ross , a French-born journalist, art critic, and literary executor of Oscar Wilde . Baldwin's political principles must be viewed in the context of the eighteenth-century British “ Country Party ,” a loose coalition of Parliamentarians whose influence
18769-477: Was to weaken the Canadien vote in Lower Canada through the union of the provinces of Upper and Lower Canada and a strengthened Executive Council. And secondly, he was to strengthen British rule by imposing a new system of centrally controlled District Councils that would take much of the elected Assembly's legislative purview, leaving it little to do but approve the Governor's budgets. Both reforms would strengthen
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