Feb. 16, 2012 - The Rule of Law

The Rule of Law

"Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law" so reads the Charter of Rights and Freedoms.

Did you know that the phrase, "rule of law" is a legal term with a very specific meaning?

RULE OF LAWRules of law are general maxims, formed by the courts, who having observed what is common to many particular cases, announce this conformity by a maxim, which is called a rule; because in doubtful and unforeseen cases, it is a rule for their decision; it embraces particular cases within general principles. Bouvier's Law Dictionary 1856

Rule of law. A legal principle, of general application, sanctioned by the recognition of authorities, and usually expressed in the form of a maxim or logical proposition. Called a "rule," because in doubtful or unforeseen cases it is a guide or norm for their decision. Toullier, tit. prep. no. 17. Black's Law Dictionary 2nd edition

My experience in Ontario Provincial Courts has been that they are in complete violation of "the Charter" since they give no credence or even acknowledgement of maxims of law.

It is time to make public this farce. It is time to restore the rule of law.

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