Understanding Sovereignty and Power Concepts
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Questions and Answers

What is the term for the supreme power or authority to govern itself or another state?

  • Power
  • Authority
  • Sovereignty (correct)
  • Legitimacy

    • Which type of sovereignty is characterized by the power being held by the people, such as in a democracy?

  • Delegated Sovereignty
  • Parliamentary Sovereignty
  • Popular Sovereignty (correct)
  • Personal Sovereignty

    • Which type of power is exercised through fear, violence, or financial hardship?

  • Authority
  • Natural Power
  • Coercion (correct)
  • Influence

    • What type of authority is inherited and often associated with a 'divine right'?

    <p>Traditional Authority</p> Signup and view all the answers

    What distinguishes a state from a nation?

    <p>A state has sovereignty, while a nation does not.</p> Signup and view all the answers

    Which term describes a state where multiple nations exist within it, such as in India?

    <p>Multinational State</p> Signup and view all the answers

    Which of the following is an example of charismatic power?

    <p>A leader emerging during a crisis, such as Adolf Hitler</p> Signup and view all the answers

    Which type of power is derived from the respect individuals have for a leader?

    <p>Legitimate Power</p> Signup and view all the answers

    What characterizes a Stateless Nation?

    <p>A nation without its own state</p> Signup and view all the answers

    What is one of the core elements of the rule of law?

    <p>Judicial independence from government influence</p> Signup and view all the answers

    Which of the following best describes a Written constitution?

    <p>A formal document outlining government structure and citizen rights</p> Signup and view all the answers

    Which country exemplifies a Hybrid constitution?

    <p>Canada</p> Signup and view all the answers

    What ensures that all actions by the government in Canada must be based on established laws?

    <p>Legality</p> Signup and view all the answers

    In the context of the rule of law, what does Access to Justice specifically ensure?

    <p>That financial barriers do not prevent legal recourse</p> Signup and view all the answers

    Which principle is illustrated by The Canadian Charter of Rights and Freedoms?

    <p>Equity before the law</p> Signup and view all the answers

    What does Reform Liberalism primarily advocate for in relation to government involvement?

    <p>More active government role in addressing social inequalities</p> Signup and view all the answers

    What is a defining feature of Unwritten constitutions?

    <p>They evolve through customs and legal precedents</p> Signup and view all the answers

    Which of the following is NOT a central feature of conservatism?

    <p>Advocating for social safety nets</p> Signup and view all the answers

    How do conservatives view equality under the law in practice?

    <p>They accept unequal outcomes as long as rules are applied equally</p> Signup and view all the answers

    Which example best illustrates the conservative perspective on social responsibilities?

    <p>$200 speeding ticket affecting individuals differently based on income</p> Signup and view all the answers

    What is a common misconception about the outcomes of conservative policies?

    <p>They sometimes fail to account for varying impacts on different social classes</p> Signup and view all the answers

    What is a primary characteristic of common law?

    <p>It evolves through the decisions made by judges in court.</p> Signup and view all the answers

    What is a disadvantage of common law?

    <p>It leads to unpredictable legal outcomes across different cases.</p> Signup and view all the answers

    How does legislation primarily differ from common law?

    <p>Legislation is enacted by parliament whereas common law is judge-made.</p> Signup and view all the answers

    What advantage does common law have in terms of societal changes?

    <p>It allows for judicial interpretation to adapt to contemporary issues.</p> Signup and view all the answers

    What is a key advantage of legislation?

    <p>It offers uniform and clear rules applicable nationwide.</p> Signup and view all the answers

    One of the disadvantages of common law involves its inconsistency. What does this refer to?

    <p>Decisions can vary greatly depending on the province.</p> Signup and view all the answers

    What issue can arise from the dependence on legal proceedings in common law?

    <p>Existing precedents may not cover new or unique cases.</p> Signup and view all the answers

    Which of the following is a disadvantage of relying on common law principles for specific rights?

    <p>It can lead to gaps in legal frameworks until new laws are enacted.</p> Signup and view all the answers

    What is a significant advantage of democratic accountability in legislation?

    <p>It allows for changes to reflect public attitudes.</p> Signup and view all the answers

    Which of the following is a disadvantage of legislation due to overlapping jurisdictions?

    <p>Inconsistent healthcare services across provinces.</p> Signup and view all the answers

    What does realism in international relations primarily emphasize?

    <p>State sovereignty and competition among nations.</p> Signup and view all the answers

    Which example reflects the principles of the liberal international approach?

    <p>Participation in the Paris Climate Agreement.</p> Signup and view all the answers

    How does classical liberalism differ from reform liberalism?

    <p>Classical liberalism emphasizes individual freedom with minimal state involvement.</p> Signup and view all the answers

    What is a common critique of the rigidity within legislative processes?

    <p>It can lead to outdated and ineffective regulations.</p> Signup and view all the answers

    What role do international institutions play according to the liberal international approach?

    <p>They promote cooperation and peace among nations.</p> Signup and view all the answers

    Which of the following reflects a political influence found in legislative processes?

    <p>Prioritizing electoral reform based on political agendas.</p> Signup and view all the answers

    Which of the following are powers of sovereignty? (Select all that apply)

    <p>To make law</p> Signup and view all the answers

    What is political culture?

    <p>Attitudes, beliefs, values, and norms people have toward government</p> Signup and view all the answers

    All ethnic nations are based solely on language.

    <p>False</p> Signup and view all the answers

    What type of state has two nations coexisting within it?

    <p>Binational state</p> Signup and view all the answers

    Which of the following is an example of a multinational state?

    <p>India</p> Signup and view all the answers

    What is a characteristic of international anarchy?

    <p>It has no central authority</p> Signup and view all the answers

    Which of the following is NOT a source of international law?

    <p>Domestic laws</p> Signup and view all the answers

    What does the Realist approach in international relations emphasize?

    <p>Security and national interest</p> Signup and view all the answers

    The Liberal-Internationalist approach believes that interdependence reduces the likelihood of war.

    <p>True</p> Signup and view all the answers

    Which of the following is an example of a limited purpose international organization?

    <p>World Trade Organization</p> Signup and view all the answers

    Which of the following are functions of law enforcement? (Select all that apply)

    <p>Rehabilitation</p> Signup and view all the answers

    What is one advantage of common law?

    <p>Flexibility</p> Signup and view all the answers

    Public law concerns relations of individuals.

    <p>False</p> Signup and view all the answers

    What type of law includes criminal law?

    <p>Public Law</p> Signup and view all the answers

    What are the types of constitutions?

    <p>All of the above</p> Signup and view all the answers

    The British constitution is entirely codified in a single document.

    <p>False</p> Signup and view all the answers

    Which of the following cases addressed the power to rule on the constitutionality of legislation?

    <p>Marbury v. Madison</p> Signup and view all the answers

    Match the following types of constitutionalism to their descriptions:

    <p>Written = Specified in a single document with clear laws. Unwritten = Not codified, made of customs and conventions. Hybrid = Combines both written and unwritten elements. Rule of Law = Ensures no one is above the law and establishes legal standards.</p> Signup and view all the answers

    Civil disobedience involves disobeying particular laws while submitting to the authority of law.

    <p>True</p> Signup and view all the answers

    Which theorists are associated with the roots of liberalism?

    <p>Harriet Taylor</p> Signup and view all the answers

    Which of the following is NOT considered a core idea of liberalism?

    <p>Predestination</p> Signup and view all the answers

    Human nature according to liberalism is viewed as inherently good.

    <p>True</p> Signup and view all the answers

    Match the following liberalism concepts with their descriptions:

    <p>Classical Liberalism = Freedom from coercion Reform Liberalism = Freedom involves capacity Limited State = Night watchman role Welfare State = Provides collective goods</p> Signup and view all the answers

    John Locke advocated for a powerful, centralized government.

    <p>False</p> Signup and view all the answers

    What economic view did Adam Smith support?

    <p>Laissez-faire economics</p> Signup and view all the answers

    Reform liberalism seeks to expand the role of the state in ensuring freedom.

    <p>True</p> Signup and view all the answers

    Who makes the law in Canada?

    <p>Legislatures</p> Signup and view all the answers

    Which court hears appeals from federal trial courts?

    <p>Federal Court of Appeal</p> Signup and view all the answers

    Indictable offenses are the least serious offenses in Canada.

    <p>False</p> Signup and view all the answers

    Which section of the Canadian Constitution provides for Judicial Review?

    <p>Section 52</p> Signup and view all the answers

    What type of courts hear serious criminal offenses in Canada?

    <p>Provincial/Territorial Superior Courts</p> Signup and view all the answers

    Appellate courts can hear appeals from lower courts.

    <p>True</p> Signup and view all the answers

    Match the types of offenses with their descriptions:

    <p>Indictable = More serious offenses, e.g., murder Summary = Less serious offenses, e.g., theft under $5000 Hybrid = Crown may elect to proceed by summary conviction or indictment</p> Signup and view all the answers

    What is conservatism?

    <p>To conserve, save, or preserve society; cautious about change.</p> Signup and view all the answers

    Who is a key figure in the development of conservative thought?

    <p>Edmund Burke</p> Signup and view all the answers

    Edmund Burke believed that we are wise enough to remake society.

    <p>False</p> Signup and view all the answers

    What is the role of property in conservatism?

    <p>It protects freedom.</p> Signup and view all the answers

    Conservatives believe in excessive state intervention.

    <p>False</p> Signup and view all the answers

    Which conservative movement aims to reduce government size and costs?

    <p>Economic/Fiscal Conservatism</p> Signup and view all the answers

    Which of the following is a key concept of Constitutional Law?

    <p>Judicial Review</p> Signup and view all the answers

    The Supremacy Clause indicates that the Constitution is subordinate to state laws.

    <p>False</p> Signup and view all the answers

    Which theory in International Relations focuses on cooperation?

    <p>Liberalism</p> Signup and view all the answers

    Which legislation is considered landmark in the context of Civil Rights?

    <p>Both A and B</p> Signup and view all the answers

    Who is associated with the Social Contract theory?

    <p>Hobbes</p> Signup and view all the answers

    Ideologies are frameworks for understanding political beliefs.

    <p>True</p> Signup and view all the answers

    Study Notes

    Sovereignty

    • Sovereignty is the supreme power or authority to govern.
    • Types of Sovereignty:
      • Personal – absolute power, e.g., monarchies.
      • Parliamentary – legislative body has supreme authority, e.g., Brexit.
      • Popular – consent by the people, e.g., democracies.
    • Sovereignty can be divided between federal and provincial governments, or delegated through legislation, e.g., law societies.

    Power

    • Coercion – power through fear, violence, or hardship. No right to choose. Legitimacy lacking, e.g., China, Russia, North Korea.
    • Influence – power through persuasion. Uses emotional appeals and self-interest, e.g., algorithms.
    • Authority/Legitimacy – power that comes from respect.
      • Natural – based on personal characteristics, e.g., "an authority".
      • Public – created by majority agreement, e.g., "in authority" (elected).

    Authority

    • Traditional Power – inherited and often considered divine right, e.g., monarchies, feudal systems.
    • Legal Power – right to rule based on laws and procedures, e.g., democracy where ruling power is held only while legitimately obtained. Loss of legitimacy leads to crisis.
    • Charismatic Power – a transcendent kind of power. Leaders often emerge during crises, e.g., Adolf Hitler.

    State vs. Nation

    • State – political entity with defined territory, permanent population, government, and the capacity to engage with other states. Has sovereignty, e.g., countries.
    • Nation – group of people sharing a common identity (language, culture, history), e.g., a people.
    • Combinations:
      • Nation-State – nation and state coincide, e.g., Japan.
      • Multinational State – multiple nations within the state, e.g., India.
      • Binational State – two nations within a state, e.g., Canada.
      • Multi-State Nation – a nation divided into separate states, e.g., North and South Korea.
      • Stateless Nations – nations without their own state, e.g., Palestinians, Kurds.
      • Diaspora Nations – nations dispersed across states, e.g., Jewish nation, French or Spanish speakers.

    Constitutions

    • Written – formal document outlining government structure, powers, and citizen rights/responsibilities. Usually clear and comprehensive, e.g., USA.
    • Unwritten – based on customs, conventions, precedents, and legal documents. Evolves organically, adaptable, but lacks clarity, e.g., UK.
    • Hybrid – mix of written and unwritten, e.g., Canada (Constitution with conventions from the UK).

    Rule of Law

    • Principles of legality, equality before the law, accountability, and justice.
    • Laws must be clear, publicized, and applied consistently, binding both government and citizens.
    • Elements:
      • Legality – all government actions based on established laws, e.g., Canadian Charter of Rights and Freedoms.
      • Equality Before the Law – no one above the law, equal protection, e.g., Supreme Court ruling on same-sex marriage.
      • Judicial Independence – impartial courts, independent from other branches of government, e.g., Judges Act.
      • Access to Justice – citizens have legal redress and fair procedures, e.g., legal aid.
    • Challenge in Practice – Canada has areas where the rule of law is not fully realized, e.g., Indigenous communities, migrant workers, underfunded legal aid.

    Common Law vs. Legislation

    • Common Law – based on judicial decisions and precedents. Used in most Canadian provinces/territories (excluding Quebec's private matters which follow civil law).
    • Legislation – written laws enacted by Parliament or provincial legislatures. Primarily governs Canada's legal system, providing a clear framework.
    • Common Law Advantages
      • Adaptability – evolves with societal change, e.g., recognizing same-sex relationships.
      • Flexibility – judges interpret laws to address contemporary issues, e.g., digital age privacy rights.
      • Judicial Creativity – fill gaps in legislation, e.g., expanding Indigenous rights.
    • Common Law Disadvantages
      • Inconsistency – laws may differ between provinces.
      • Dependence – requires established precedent, leading to uncertainty until established.
      • Unpredictable Outcomes – uncertain, underdeveloped case law.
    • Legislation Advantages
      • Uniformity and Clarity – clear rules across Canada (except Quebec).
      • Democratic Accountability – enacted by elected officials.
      • Comprehensive Scope – covers a wide range of issues, e.g., Canadian Environmental Protection Act.
    • Legislation Disadvantages
      • Overlapping Jurisdictions – federal/provincial conflicts, e.g., healthcare, pipelines.
      • Rigidity – change can be slow and contentious, e.g., Indian Act.
      • Political Influence – political agendas instead of legal reasoning, e.g., electoral reform.

    Realist vs. Liberal International Approaches

    • Realism – emphasizes power, national interest, and anarchy in international relations. Focuses on state sovereignty and competition, conflict is inevitable, e.g., Canada's Arctic Sovereignty response.
    • Liberalism/International Approach – promotes cooperation, international institutions, and global governance. States can work together for mutual benefit, e.g., United Nations, Paris Climate Agreement, NAFTA/USMCA.

    Liberalism: Classical vs. Reform

    • Classical Liberalism – individual freedom, limited government, private property, free markets. Minimal state involvement, protects individual rights, e.g., Charter of Rights and Freedoms.
    • Reform Liberalism – emerged to address classical liberalism limitations. Advocates for more active government role in addressing social inequalities and providing public goods. True freedom requires opportunities and safety nets, e.g., universal healthcare, CPP, EI.

    Conservatism

    • Central Features – maintaining established institutions, moral/cultural preservation, reducing taxes through reduced welfare/social programs and increased privatization, family/faith-based policies, deregulation, unfettered free market.
    • Views on Freedom – accepts unequal outcomes and inequality as long as rules are equally applied. Believes in social responsibilities and cohesion. However, equality gaps make fair and equal application of rules difficult.
    • Example – a 200speedingticketisdisproportionatelyimpactfulonsomeonelivingpaychecktopaycheckversussomeonemaking200 speeding ticket is disproportionately impactful on someone living paycheck to paycheck versus someone making 200speedingticketisdisproportionatelyimpactfulonsomeonelivingpaychecktopaycheckversussomeonemaking1 million+.

    Sovereignty

    • Highest authority, not subject to other human authority.
    • Jean Bodin (1530-1596) defined sovereignty as absolute.
    • Powers associated with the highest authority of government.

    Powers of Sovereignty

    • To make law: Create, amend, and repeal laws.
    • To enforce rules of conduct: Establish tribunals, compensate victims, and punish offenders.
    • To carry out executive functions: Raise revenue, maintain armed forces, mint currency, and provide government services.
    • To deal with other sovereigns: Right to rule domestically without interference from other states.

    Types of Sovereignty

    • Personal: Monarch holds absolute power, as per Hobbes and Bodin.
    • Parliamentary: Power is divided, as seen in Britain compared to Canada, referenced by Blackstone.
    • Popular: Power derived from the consent of the people.
    • Sovereignty can be divided or delegated, e.g., federal/provincial governments, administrative agencies.

    States

    • A state is defined by its population, territory, and sovereignty.
    • Citizenship is membership in a state, involving allegiance and protection, rights, freedoms, and duties.
    • Citizenship includes the right to live within the state's boundaries and, in democracies, political participation (voting, running for office).
    • Duties include obeying laws, paying taxes, and military service.

    Political Culture

    • Attitudes, beliefs, values, and norms regarding government and politics.
    • Parochial culture: No expectation of positive outcomes from government.
    • Subject culture: Some positive expectations, but not personally involved.
    • Participatory culture: High expectations of government and political participation, essential for liberal democracy.
    • Polyarchal cultures: Have unified social values, participation, and respect.
    • Fragmented cultures: Lack agreement on values, no unity, frequent violence, such as coups d'état, ethnic cleansing, and assassinations.
    • Political culture is impacted by psychology and ideology.

    Political Socialization

    • Transmission of political culture from one generation to the next through:
      • Family, school, peers, media.

    Nation

    • A shared identity based on common, but not reducible, factors like race, language, religion, customs, and government.
    • Renan's "daily plebiscite" highlights the fluidity of this identity.
    • The desire to continue life in common drives this identity.
    • Ethnic nations are centered around language, race, and religion.
    • Civic nations are centered around political systems, values, and orders.

    Ethnicity

    • Ethnic groups may claim nationhood and desire sovereignty, autonomy, or recognition.
    • Substate nations, like Canada's Francophones, may aspire to greater sovereignty.
    • Indigenous peoples, like First Nations, seek greater autonomy.
    • Immigrants may bring traditional values with political relevance.

    Nation-States

    • Coincide with boundaries of sovereign authority.
    • Examples include Iceland, Sweden, and Poland.
    • Contending claims can complicate categorization.
      • U.S.: Latinos and Nation of Islam claim it is a multinational state.
      • Great Britain: Nationalist movements in Northern Ireland, Scotland, and Wales.
      • Spain: Catalan and Basque minorities, some seeking independence.

    Binational and Multinational States

    • Binational state: Two nations coexist within a state, e.g., Belgium.
    • Multinational state: More than two nations coexist within a state, e.g., India.

    Multi-State Nations

    • A nation divided between or among states, e.g., North and South Korea, Basques in France and Spain.

    International System

    • The Treaty of Westphalia (1648) established the "Westphalian System of International Relations" which ended the Thirty Years War.
    • The Treaty of Westphalia cemented the sovereign state as a primary actor in international relations.

    International Anarchy

    • Anarchy means the absence of a central authority to make and enforce rules upon states.
    • There are many forms of authority in an anarchic system including sovereign states, international law, agreements, and treaties.

    Global Governance

    • Global governance operates differently than within sovereign states.
    • It's a process where several actors provide order and predictability in the international system.

    International Law

    • International law is a body of rules, norms, and standards that apply between sovereign states and other recognized international actors.
    • Sources of International Law include international treaties, custom, general principles of law, judicial decisions, and legal writings.

    Diplomacy and International Regimes

    • Diplomacy is an instrument of foreign policy used for dialogue and negotiation, primarily conducted by accredited envoys.
    • The Vienna Convention on Diplomatic Relations (1961) was ratified in Canada in 1966.
    • International regimes are broad international agreements on specific files or issues like climate accords and nuclear proliferation.

    International Organizations

    • International Organizations can be divided into broad scope organizations like the United Nations, limited purpose organizations like the World Trade Organization, regional cooperation organizations like the European Union, and security focused organizations like NATO.

    Non-Governmental Organizations

    • NGOs exist on the international stage, influencing and acting without affecting national sovereignty.
    • Types of INGOs include advocacy and operational organizations.

    Schools/Theories/Approaches to International Relations

    • Realism: Sees states as preoccupied with security and peace through deterrence, where international governance is limited by sovereignty claims.
    • Liberal-Internationalism: Emphasizes global governance promoted by increased cultural, social, and economic connections and interdependence, and values peace and the rule of law.

    Realism

    • Realism focuses on the balance of power among states.
    • The distribution of power among states can be multipolar, bipolar, or unipolar.
    • Multipolar systems had at least four major poles preventing any one power from becoming dominant.
    • Bipolar systems included two competing superpowers like the US and USSR.
    • Unipolar systems have a single dominant superpower like the US after the fall of the USSR.

    Liberal-Internationalism

    • Liberal-Internationalism sees a complex network of actors beyond states, including IGOs, INGOs, MNCs, and individuals.
    • The approach promotes cooperation, rule of law, and peace.
    • Interdependence between states reduces the likelihood of war and promotes cooperation.

    Radical and Constructivist Approaches

    • Radicalism believes liberal democracy and free market capitalism cause conflict.
    • Constructivism emphasizes national interests constructed by elites based on identity, values, and ideas.
    • Post-structuralism and postmodernism deconstruct traditional foundations of international relations.

    Challenges

    • The International System is facing challenges in political, social, and economic power dynamics.
    • The decentralized nature of the system, individual global actors, climate change, and migration pose challenges for global governance.

    What are Laws?

    • Laws are rules or regularities of behaviour.
    • They make things intelligible and predictable.
    • Examples include laws of nature, physics, gravity, natural moral law, and supply and demand.
    • Human-made law is a rule of human conduct enforced by a community, potentially using coercion or violence.

    Law Enforcement

    • The functions of law enforcement include retribution (punishment), restraint (deterrence), restitution (compensation), and rehabilitation (improve behaviour).

    The Courts

    • Customary or common law is largely derived from judicial decisions based on tradition and precedent.
    • Precedents are previous cases with similar facts and legal issues.
    • Stare decisis means "stand by what is decided" and involves following precedents.

    Legislatures

    • Legislation includes statutes, codes, regulations, and bylaws.
    • Regulations are rules made by government departments or delegated agencies.
    • Bylaws are passed by municipal governments.

    Types of Law

    • Common Law
      • Advantages include flexibility, adaptability to changing circumstances, and ability to expand or shrink based on need.
      • Disadvantages include uncertainty due to conflicting precedents and potential for undesirable series of decisions.
    • Legislation
      • Advantages include preventive and proactive potential, explicitness, and relatively rapid creation and change.
      • Disadvantages include potential for uncertainty due to general language and the need for regular overhauls as circumstances change.

    Public Law vs. Private Law

    • Public Law governs relationships between the state and individuals.
      • Examples include constitutional law, criminal law, and administrative or regulatory law.
    • Private Law addresses relationships between individuals.
      • Examples include civil law (e.g., contracts, lawsuits), codified in Quebec's Civil Code.
      • Common law prevails outside of Quebec.

    Constitution

    • The Constitution is the highest law, superseding other laws if they conflict with it.
    • It can overrule common law.
    • Legislation is subordinate to the Constitution.
    • Judges can interpret the Constitution to strike down or alter legislation.
    • Sometimes, elected officials leave controversial issues to the courts.

    What is a Constitution?

    • A fundamental set of rules and principles governing a state's organization.
    • Defines powers of the legislative, executive, and judicial branches.
    • Allocates power to different levels of government (federal, provincial, local).
    • Enumerate rights of citizens.
    • Establishes an amendment procedure.
    • Includes unwritten constitutional customs and conventions (like the party with the majority in the legislature forming the government).

    Types of Constitutions

    • Unwritten: Not codified in a single document. Relies on legislation, common law, and customs. (Example: Great Britain, New Zealand)
    • Written: Explicitly defines the powers of government, rights of citizens, and amendment procedures. (Example: United States)
    • Hybrid: Combines elements of both written and unwritten constitutions. (Example: Canada)

    Unwritten Constitutions

    • Example: Great Britain, New Zealand
    • Notable Documents:
      • Magna Carta (1215): Limited the power of the King and established certain rights.
      • Bill of Rights (1688): Enshrined rights like freedom of speech and religion.
      • Act of Settlement (1701): Established the royal succession and judicial independence.
      • Parliament Act (1911): Restricted the power of the House of Lords.

    Written Constitutions

    • Example: United States
    • Components:
      • Defines the powers of the legislative, executive, and judiciary.
      • Distributes powers between states and the federal government.
      • Includes the Bill of Rights (first 10 amendments).
    • Amendment Procedure:
      • Requires a 2/3 majority vote in both houses of Congress and ratification by 3/4 of the states. (Only 27 amendments adopted since the original Bill of Rights).
    • Evolution:
      • Constitutional changes are largely driven by judicial interpretation.
      • Key Cases:
        • Marbury v. Madison (1803): Established the Supreme Court's power of judicial review.
        • Plessy v. Ferguson (1896): Upheld racial segregation.
        • Brown v. Board of Education (1954): Overturned Plessy v. Ferguson, ending racial segregation in schools.

    Hybrid Constitutions

    • Example: Canada
    • Written Components:
      • Constitution Act, 1867 (formerly the British North America Act): Defines provincial powers, legislative, executive, and judicial branches. Includes specific acts like the Manitoba, Alberta, Saskatchewan Acts, and the BC Terms of Union.
      • Statute of Westminster, 1931: Granted legislative independence to Canada and other Commonwealth countries.
      • Constitution Act, 1982: Lists constitutional statutes and orders in council. Includes the Charter of Rights and Freedoms, the amendment formula, Aboriginal rights provisions, and provisions relating to natural resources.

    Hybrid Constitutions (Continued)

    • Unwritten Components:
      • Constitutional customs and conventions.
      • Judicial decisions.
    • Key Convention:
      • Preamble of the Constitution Act, 1867 mentions a constitution "similar in principle to that of the United Kingdom." This refers to unwritten conventions like the appointment of a Prime Minister and Cabinet, and the need to maintain the confidence of the House of Commons.

    The Rule of Law

    • A fundamental principle that governments must operate within the bounds of the law and no one is above the law.
    • Ensures limited government power and protects individual rights.
    • Components:
      • No punishment without law: No punishment except for breaking an established law. No secret or retroactive laws.
      • Limited discretion / no arbitrariness: Government actions must be based on clear legal rules, and there are remedies available if individuals experience arbitrary treatment.
      • Recognized procedures: Clear procedures for making and applying laws.

    Challenges to the Rule of Law

    • Protests: Various forms of protest including demonstrations, sit-ins, boycotts, and strikes.
    • Civil Disobedience: Disobeying specific laws while acknowledging the authority of law, knowing there will be legal consequences. Effective in systems founded on constitutionalism but less so in autocratic systems.
    • Examples:
      • Suffragists, BLM, Gandhi, Mandela, MLK Jr., and others: Demonstrations against discriminatory laws and policies.

    Cases Addressing Rule of Law Violations

    • Roncarelli v. Duplessis (1959): Ruled against religious discrimination by the government.
    • Wrongful Convictions:
      • Donald Marshall (1983): Incarcerated for a murder he did not commit before being exonerated.
      • David Milgaard (1992): Similarly, wrongly convicted and spent 23 years in prison before DNA evidence proved his innocence.
      • Guy-Paul Morin (1995): Served 11 years in prison for murder, and only exonerated through a combination of evidence and public pressure.
    • Government Recognition of Failures:
      • Indigenous Peoples in Canada: Historic injustices and ongoing struggles to uphold their rights under the law.
      • Japanese Canadians: Internment during WWII and the subsequent discrimination and violations of their rights.

    Conclusion

    Constitutionalism and the rule of law are cornerstones of a fair and just society. While there are challenges and instances of violations, constant vigilance and activism are essential to ensure these principles are upheld.

    Ideology

    • Definition: A belief system accepted as truth by a group.
    • Purpose: Simplifies, describes and prescribes.
    • Coined by: Antoine Destutt de Tracy.
    • Pejorative term: Napoleon ridiculed adherents as “ideologues".
    • Marx & Engels: Used as "political ideas in action."
    • Motivation: Used to motivate the masses.

    Ideology Vs Philosophy

    • Origin: Ideologies often draw on philosophical ideas.
    • Simplification: They frequently simplify and sometimes even distort philosophical views.
    • Plato: Distinguished between philosophy (knowledge/truth) and belief or opinion.

    Liberalism

    • Ideology: A belief system that emphasizes individual rights, liberty, and limited government.
    • Roots: Religion, political theory, social theory and economics.
    • Subcategories: Classical Liberalism, Reform Liberalism, Libertarianism.

    Liberalism – Roots - Religion

    • Martin Luther (1483-1546): Laid the foundation for liberal ideas about religious freedom and equality.
    • Key Ideas: Everyone is equal in the eyes of God, challenged the authority of the church, translated the bible into the language of the people, practiced freedom of conscience and religion.

    Liberalism – Roots - Political Theory

    • John Locke (1632-1704): Articulated key liberal principles.
    • Key Ideas: Reason, liberty, equality, limited government, natural rights, natural law, consent of the governed, separation of powers and religious toleration.

    Liberalism – Roots - Political Theory

    • Mary Wollstonecraft (1759-1797): Advocate for women’s rights and equality.
    • Key Ideas: Women as fully human, freedom essential for virtue, human rights equal to women’s rights including voting, education, property and holding office.

    Liberalism – Roots - Social Theory

    • John Stuart Mill (1806-1873): Advocate for individual liberty and women's rights.
    • Key Ideas: Freedom of expression, harm principle, and equality for women in law and society.

    Liberalism – Roots - Social Theory

    • Harriet Taylor (1808-1858):
    • Key Ideas:
      • Influenced and married John Stuart Mill.
      • Advocate for women's rights and equality, including property rights, education, voting, and divorce.

    Liberalism – Roots - Economics

    • Adam Smith (1723-1790): Laid the foundation for capitalism and laissez-faire economics.
    • Key Ideas: Free markets, the invisible hand, self-interest as a driver of economic progress and limited government intervention.

    Liberalism – Ideas - Human Nature

    • Rational: Humans are rational beings.
    • Good: Humans are fundamentally good.
    • Self-Interested: Humans are self-interested but capable of reason and morality.
    • Maximizing Freedom: The human good is enhanced by maximizing freedom.

    Liberalism - Ideas - Freedom

    • Classical Liberalism: Focuses on "negative freedom" - freedom from coercion and intervention.
    • Reform Liberalism: Focuses on "positive freedom" - freedom from coercion and material capabilities to exercise it.

    Liberalism - Ideas - Equality

    • Classical Liberalism: Emphasizes equality before the law.
    • Reform Liberalism: Advocates for both equality before the law and genuine opportunities for equality.

    Liberalism - Ideas - The Role of the State

    • Classical Liberalism: Limited government, "night watchman" state, provides collective goods.
    • Reform Liberalism: A larger role for the state, including social welfare benefits, education, healthcare, and anti-discrimination measures.

    Liberalism - Ideas - The Social Conception of Property

    • Social Element: Emphasizes the social element of property, as societies enable individuals to obtain and maintain property.
    • Value: Value is determined by the market.
    • Social Obligation: Individuals with more property owe more to society.

    Liberalism – Ideas - The Role of the Individual

    • Classical Liberalism: Limited franchise for property owners
    • Reform Liberalism: Universal suffrage for all, state as the common welfare and everyone is entitled to political power.

    Canada's Court System

    • Derives its power from the Constitution
    • Section 92 courts are provincial/territorial courts, including criminal, young offender, family, small claims, and traffic courts
    • Section 96 courts are provincial/territorial superior trial courts and appeal courts
    • Section 101 courts are the Supreme Court of Canada, the Federal Court of Appeal, and the Federal Court

    Types of Offenses

    • Indictable offenses are more serious, with maximum sentences ranging from 2 years to life in prison
    • Summary offenses are less serious, with maximum sentences of up to 2 years less a day and/or a fine of $5,000
    • Hybrid offenses allow the Crown to choose to proceed by summary conviction or by indictment

    Judicial Appointments

    • Judges in Canada are appointed by the federal or provincial governments in consultation with committees
    • The Prime Minister appoints judges to the Supreme Court of Canada, and the Minister of Justice appoints judges to superior trial courts, appeal courts, and federal courts
    • Premiers appoint judges to provincial courts
    • In the US, the appointment process has become increasingly politicized

    Judicial Independence

    • An essential safeguard of the rule of law
    • Section 11(d) of the Canadian Charter of Rights and Freedoms guarantees the presumption of innocence until proven guilty by an independent and impartial tribunal
    • Judges have tenure in office “during good behaviour” and can only be removed for “cause” on the recommendation of an independent body

    Functions of The Judiciary

    • Adjudication: Interpret the law in disputes, settle disputes by applying the law, and pass judgment based on the law
    • Judicial Review: Declare legislative, executive, or judicial acts unconstitutional
    • The US Supreme Court established the power of courts to declare laws unconstitutional in Marbury v Madison
    • Canada's Supreme Court first exercised judicial review in Severn v The Queen
    • Section 52(1) of the Constitution Act 1982 explicitly recognizes judicial review
    • Section 24(1) allows individuals to apply to court for a remedy if their rights have been infringed

    Limits on Charter Rights

    • Section 1 allows for "reasonable limits... demonstrably justified in a free and democratic society"
    • The Oakes Test determines if a law that limits Charter rights can be upheld
    • Section 24(2) allows for the exclusion or admission of evidence obtained in violation of Charter rights
    • Section 33 allows legislatures to protect laws from challenges under ss. 2 & 7-15
    • "Dialogue" between courts and the legislative/executive branch often occurs when courts strike down a law

    Conservatism Definition

    • Conservatism is a political philosophy focused on preserving existing social and political structures, values and institutions.
    • It's often described as a response to challenges in modern societies.
    • Conservatives believe in cautious approaches to change, favoring tradition and tried methods over radical alterations.

    Conservatism Roots

    • Edmund Burke (1729-1797) is a key figure in conservative thought.
    • Burke emphasizes the value of inherited wisdom and institutions, arguing against rapid societal transformations.
    • He advocates for gradual reforms, arguing that dramatic changes can lead to unforeseen consequences.
    • "Prejudice", in Burke's view, is a helpful element in decision-making when information is incomplete.

    Human Nature in Conservatism

    • Conservatism highlights the inherent imperfections and limitations of human nature.
    • Individuals have a limited capacity to fully understand complex societal systems, which are better left to evolve organically.
    • It encourages spontaneous, bottom-up order, where individuals adapt and innovate over time, fostering a system of "cooperating under suitable rules".

    Conservatism - Freedom

    • Conservatism emphasizes freedom from constraints and sees excessive state power as a threat.
    • There is an inherent tension between upholding traditions and promoting free markets.
    • Economic liberty and property rights are seen as essential to individual freedom.

    Equality in Conservatism

    • Conservatism values equality before the law and supports the rule of law.
    • It acknowledges and accepts disparities in outcomes, so long as the rules are applied fairly.

    Role of the State

    • Conservatives favor a limited state role.
    • They believe in protecting property rights and fostering a free market, rather than imposing excessive social interventions.
    • More recent conservative thought includes support for democratic mechanisms at the local level such as referendums and recalls.

    Property in Conservatism

    • Conservatives view property as a crucial element in safeguarding freedom.
    • It acts as a shield against the state, empowering individuals and fostering resistance against excessive government power.

    Role of the Individual in Conservatism

    • Conservatives historically favored a limited franchise (voting rights).
    • They emphasize the individual's responsibility to society, including their role in education and community involvement.
    • There's a strong preference for community-led initiatives and support systems over government programs.

    Modern Conservatism

    • Modern conservatism has evolved into two key branches: Economic/Fiscal Conservatism and Moral/Social Conservatism.

    Economic/Fiscal Conservatism

    • Economic conservatism focuses on reducing the size and cost of government.
    • It prioritizes tax cuts, deficit reduction, deregulation, privatization, and reducing welfare programs.

    Moral/Social Conservatism

    • Moral/social conservatism emphasizes using government to protect traditional values and institutions.
    • It advocates for strong families, faith-based community initiatives, stricter crime control, and restrictions on abortion and pornography.

    Libertarianism

    • It's a political philosophy advocating for limited government and individual liberty.
    • While aligned with some conservative principles, it differs in its tolerance of potentially immoral behavior.
    • Libertarians believe in maximizing individual autonomy and minimizing government intervention in personal and economic choices. It strongly emphasizes free markets.

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    Related Documents

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    Constitutionalism & The Rule of Law PDF
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    The Judiciary and the Courts PDF
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    Description

    This quiz explores the nuances of sovereignty, power, and authority, detailing different types of sovereignty like personal, parliamentary, and popular. It also examines various forms of power, including coercion, influence, and legitimacy, providing a comprehensive understanding of these fundamental political concepts.

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