chapter
3 Pages

Introduction to Part Four

WithDiana T. Meyers

This part introduction presents an overview of the key concepts discussed in the subsequent chapters. The part proposes a revised analysis of the circumstances triggering due process of law. It addresses the question of the state's support for religious schools in "Respect for Individuals versus Respect for Groups: Public Aid for Confessional Schools in the United States and Canada." The part traces the US legal practice to the doctrine of judicial integrity and the Canadian legal practice to the doctrine of judicial disrepute. It aims to distinguishe four types of decisions: burden-imposing decisions, burden-relieving decisions, benefit-conferring decisions, and benefit-terminating decisions. The US constitutional tradition has roots in the classic liberalism of John Locke, who based his political theory on an individualistic conception of natural rights. In both the US and Canadian legal systems, courts refuse to admit evidence that has been obtained illegally.