Question
According to Aquinas, one can assess the validity of law by applying the following test: Is the law a product of human reason and thus
According to Aquinas, one can assess the validity of law by applying the following test:
- Is the law a product of human reason and thus based on natural law?
- Is the law made for the common good?
- Is the law made by the legal author or ruler for the care of the community?
- Is it published, so everyone knows of its existence.
Under s. 7.0 (1) of the Emergency Management and Civil Protection Act, the Premier may declare a state of emergency if in his opinion there is an emergency that requires immediate action to prevent, reduce or mitigate a danger of major proportions that could result in serious harm to people or property in the province.
Under the Emergency Management and Civil Protection Act (Ontario), the government has the power to:
- Implement any emergency plans formulated by municipalities or provincial government bodies;
- Regulate or prohibit personal travel and movement;
- Evacuate individuals and animals and remove personal property from any specified area, while making arrangements for the adequate care and protection of individuals and property;
- Establish emergency shelters and hospitals;
- Close public and private buildings, including any businesses, offices, schools or hospitals;
- Construct or restore necessary facilities, and appropriate, use or dispose of property to prevent, respond to or alleviate the effects of the emergency;
- Collect, transport, store, process and dispose of any type of waste;
- Authorize facilities, including electrical generating facilities, to operate as is necessary to respond to or alleviate the effects of the emergency;
- Distribute, make available and use any necessary goods, services and resources within any part, and establish centres for their distribution;
- Procure necessary goods, services and resources;
- Fix prices for necessary goods, services and resources, and prohibit charging unconscionable prices for necessary goods, services and resources;
- Authorize any person, or class of persons, to render services of a type that that person, or a person of that class, is reasonably qualified to provide. The government may not make orders requiring a person or class of persons to render such services.
- Require that any person collect, use or disclose information that in the opinion of the Lieutenant Governor in Council may be necessary in order to prevent, respond to or alleviate the effects of the emergency. The legislation includes safeguards to ensure the information is used solely in the context of responding to the effects of the emergency and to protect personal information when the declared emergency has ended; and
- Take other actions or measures as the Lieutenant Governor in Council considers necessary in order to prevent, respond to or alleviate the effects of the emergency that are consistent with the powers authorized within the legislation.
I need help with understanding would Aquinas have believed that Ford's invocation of the Emergency Management and Civil Protection Act be justifiable? Are there anySPECIFIC POWERS(as described above) that Aquinas would have had a problem with?
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