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Each government has three branches. First, the legislative branch which includes the elected representatives who draft bills, debate them publicly and vote if favor of
Each government has three branches. First, the legislative branch which includes the elected representatives who draft bills, debate them publicly and vote if favor of them to make laws, called legislation or statutes. Second, the executive branch which enforces the law (eg. police). Third, the judicial branch which is independent of the other two branches and includes all courts, tribunals and boards.
To understand (i) how this works practically and (ii) why confirming the source of power is important, please answer these questions:
- You have parked at an expired meter and you are issued a parking ticket by a city parking official. Will you pay it? Why or why not?
- What if, instead of a city parking official, a private person sees you are parked at an expired meter and the private person writes a ticket on their own paper and hands it to you. Will you pay it? Why or why not?
- You are the owner of a gym in British Columbia. It was ordered closed by a provincial order. The order also contains exceptions for some gyms that can stay open. You get legal advice, read the provincial order and decide to stay open. You believe it is lawful and, after many months of reduced income, another month of closure will mean bankruptcy. Someone comes to your gym and says it must be closed.
- Will you close the gym?
- Will you stay open?
- Will you answer questions this person asks you?
- What do you need to know about this person?
- It turns out the person works for some branch of government. Now will you close your gym? Is there anything else you would want to know first? If so, what?
- It turns out the person does have power to enforce the provincial order. However, you think the person is being unfair because you read the provincial order and you are sure your gym is included in the exceptions and should be allowed to stay open. What do you do?
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