Political Science: Law, Rights, and Power

• Law is a byproduct of politics.
• Normative law describes what the world should be, while descriptive law describes what the world is.
• Moral Foundations Theory determines moral intuitions and judgements with six key foundations: care/harm, fairness/cheating, loyalty/betrayal, authority/subversion, purity/degradation, liberty/oppression.
• The political spectrum classifies political positions.
• The legal system maintains order by addressing entropy, providing stability.
• Positive rights require someone to fulfill a claim, while negative rights protect freedom from interference.
• Duties/obligations are responsibilities required by law.

Power & Limits

• The state of nature lacks laws, potentially causing chaos, with reciprocal actions.
• Social contracts involve theoretical agreements between citizens and the government providing mutual benefits like taxes.
• Governments have the right to monopolize the legitimate use of force.
• Customary laws are based on customs and beliefs, while codified laws are written allowing for more control.
• The rule of law is a common term referencing the organization of legitimate power.
• The Magna Carta in 1215 was a first written constitution, it limited government power, protected human rights, and started democracy.
• Democracy is a conversation ruled by the people, which is exceptional.
• Authoritarianism prioritizes authority.

Constitutions

• Similar to a blueprint, constitutions limit government powers and govern state affairs.
• Federalism divides control between a central government and regional governments.
• Constitutional monarchy has a monarch sharing power with a constitutionally organized government.
• The British North America Act was passed in 1867 to create the Dominion of Canada
• The Constitution Act of 1982 allowed Canada to amend its Constitution independently and added the Charter of Rights and Freedoms.

Parliament, Statutes & Regulations

• Parliament is where representatives debate issues and pass statutes.
• The House of Commons (343 elected members) is the lower house debating laws in Canada.
• The Senate (105 appointed Senators) is the upper house debating new laws in Canada.
• The Prime Minister and Cabinet set the lawmaking agenda and represent the largest party in the House of Commons.
• The Opposition reviews the government's work.
• Statutes are written laws passed by Parliament like the Criminal Code of Canada and the Canada Health Act.
• Provincial statutes include the Education Act and the Provincial Offences Act.
• Municipal statutes include Noise Bylaws and the Property Standards Bylaw.
• Empowering Legislation creates agencies with regulatory powers.
• Regulatory Agencies are independent bodies setting standards.
• Regulations are smaller-scale laws clarifying legislation.

Public vs. Private Law

• Public law governs the relationship between individuals and society.
• Private law governs relationships and disputes among individuals.
• "Beyond a Reasonable Doubt" (Public Law) requires near certainty (95%), while "Balance of Probabilities" (Private Law) requires being more than 50% sure.
• Substantive law defines rights and duties; procedural law governs dispute resolution.
• Domestic law deals with rights within a country; international law deals with rights between countries.
• Sovereignty means each country has independent law-making authority.

Common Law

• Common law is judge-made law based on precedent.
• Precedent is court decision guidance for similar cases.
• Persuasive precedents are advisory, while binding precedents require similar rulings.
• Stare decisis means to stand by what has been decided, creating stability.
• Leading cases establish precedents by settling legal questions.
• Ratio decidendi is the legal reasoning for decisions.
• Appeals require grounds like mistakes of law or fact.
• Legal tests are logical methods for interpreting legal issues.
• Civil law is based on codified statutes for predictability, while common law is based on precedents for adaptability.

Courts & Dispute Resolution

• Administrative Tribunals are Quasi-Judicial bodies resolving disputes without strict adherence to stare decisis.
• The Ontario Superior Court of Justice, hears cases are heard by one federally appointed judge
• The Ontario Court of Justice, hears cases are heard by a provincially appointed judge, and deals with less serious offences
• The Court of Appeal for Ontario is an appellate court, that has a panel of 3 federally appointed judges hear cases
• The Supreme Court of Canada is the final court of appeal, hears cases of national significance, and has 9 Justices.
• Federal courts handle specific matters, including military courts.
• Dispute resolution is needed when parties can't resolve disputes themselves.
• Alternative Dispute Resolution resolves disputes without court, like mediation (using a mediator) and arbitration (using an arbitrator).