Midterm Notes on Sovereignty, Power, and Authority PDF

## Sovereignty, Power and Authority ### 1. Define sovereignty, explaining the different kinds, and how it can be divided or shared. Sovereignty is the supreme power or authority to govern itself or another state, creating laws, enforcing them, and carrying out executive functions of government. It...

## Sovereignty, Power and Authority ### 1. Define sovereignty, explaining the different kinds, and how it can be divided or shared. Sovereignty is the supreme power or authority to govern itself or another state, creating laws, enforcing them, and carrying out executive functions of government. It can be divided between federal and provincial or delegated by legislation, for example, law societies. * **Personal:** This is absolute sovereignty, for example, Monarchies. * **Parliamentary:** Legislative body has supreme legal authority, for example, Brexit. * **Popular:** Consent by the people, for example, Democracy. ### 2. Outline the different kinds of power explaining each with examples. * **Coercion:** Power is one through fear, violence, or financial hardship. Subjects do not have the right to choose. The power is without legitimacy, for example, China, Russia, North Korea. * **Influence:** Power is one of persuasion. Commonly uses emotional appeals and self-group interest, for example, algorithms. * **Authority/Legitimacy:** Power that comes from respect. * **Natural:** Based on personal characteristics, for example, “an authority.” * **Public:** Created through majority agreement, for example, “in authority” i.e. voted. ### 3. Explain the different types of authority, using examples of each. * **Traditional Power:** Inherited and often considered a “divine right,” for example, Monarchies, Feudal Systems. * **Legal Power:** The right to rule based on laws and procedures, for example, Democracy where ruling power is held only while the leader has been legitimately given that power. Otherwise, that power faces a legitimacy crisis. * **Charismatic Power:** A transcendent kind of power. Leaders of this kind often emerge during times of crisis, for example, Adolf Hitler. ### 4. Explain the differences between a state and a nation, and the various ways in which they can be combined. * **State:** A political entity with a defined territory, a permanent population, a government, and the capacity to engage with other states. It has sovereignty, for example, country. * **Nation:** A group of people who share a common identity, for example, language, culture, history. **Combinations:** * **Nation-State:** Nation and state coincide, for example, Japan. * **Multinational State:** Multiple nations within the state, for example, India. * **Binational State:** Two nations exist within a state, for example, Canada. * **Multi-State Nation:** A nation that has been divided into individual states, for example, North and South Korea. * **Stateless Nations:** Nations without their own state, for example, Palestinians or Kurdish. * **Diaspora Nations:** Nations dispersed across states, for example, Jewish nation, French or Spanish speakers ### 5. Describe the main components of constitutions, and explain how they are reflected in written, unwritten and mixed constitutions, providing examples. * **Written:** A formal document that outlines the structure of government, division of powers, and the rights and responsibilities of its citizens. Usually clear and comprehensive examples, USA. * **Unwritten:** Based on customs, conventions, precedents, and legal documents, rather than a single consolidated document. They evolve organically and are adaptable but lack clarity, for example, The UK. * **Hybrid:** A mix, may have a foundational document to outline basic principles with supplementation by unwritten norms and conventions, for example, Canada. Constitution and conventions inherited from the UK. ### 6. Detail the elements of the rule of law, using examples, and assess its achievement in practice. The rule of law is based on principles of legality, equality before the law, accountability, and justice. It requires that laws are clear, publicized, and applied consistently, ensuring that both government and citizens are bound by, and follow the law. **Elements:** * **Legality:** All actions by the government must be based on established laws, for example, The Canadian Charter of Rights and Freedoms acts as a constitutional document that sets limits on government actions and protects individual rights. * **Equality before the Law:** No one is above the law, and all citizens are entitled to equal protection, and benefit of the law, for example, The Supreme Court of Canada’s ruling on the Reference of Same-Sex Marriage which upheld equality rights and helped pave the way for legalization. * **Judicial Independence:** Courts must be impartial and independent from the influence of other branches of government, for example, The Judges Act ensures judges have security of tenure, financial security and institutional independence to prevent political interference. * **Access to Justice:** Citizens must have access to legal redress and fair procedures, for example, Legal Aid provides subsidized legal assistance to those who cannot afford it, ensuring money is not a barrier for legal recourse. **Achievement in Practice** While Canada generally upholds the rule of law, there are areas where challenges remain. Indigenous communities often face barriers to achieving full equality before the law, as do migrant workers. Underfunded legal aid limits access to justice for marginalized groups and political pressures can sometimes overcome judicial independence as seen with 2019’s SNC-Lavalin Affair. ### 7. Describe the features of common law and legislation, including the advantages and disadvantages of each. * **Common Law:** Based on judicial decisions and precedents established in courts. It is used in most provinces and territories except Quebec, which follows a civil law system for private matters. * **Legislation:** Refers to written laws enacted by Parliament or Provincial legislatures, such as the Criminal Code or Provincial statutes. Canada’s legal system is primarily governed by legislation, and statutes provide a clear framework for both public and private matters. **Common Law Advantages:** * **Adaptability to societal change:** Because common law is judge-made and based on past decisions, it can evolve with changing social norms, for example, Canadian Courts have used common law principles to recognize new rights of same-sex relationships. * **Flexibility in interpretation:** Judges can interpret statutes and legal principles in ways that address contemporary issues, for example, expanding privacy rights in the digital age. * **Judicial Creativity:** Common law allows judges to fill in gaps in legislation, for example, expanding common law principles to Indigenous rights. **Common Law Disadvantages:** * **Inconsistency between provinces:** Laws may not exist and can be difficult to establish or control, for example, family law. * **Dependence on legal proceedings:** Precedent may not exist and can be difficult to establish or control thereafter, for example, injury cases can be awarded x but a worse injury will be x too, which will require legislative interference. * **Unpredictable outcomes:** Can be uncertain and case law under-developed, for example, gaps in legal framework until legislation can be enacted creating safety and legal enforcement issues. **Legislation Advantages:** * **Uniformity and Clarity:** Clear and accessible rules that apply across Canada, except Quebec’s civil laws, for example, Criminal Code standardizes criminal law. * **Democratic Accountability:** Legislation is enacted by elected representatives which reflects the democratic process, for example, amendments reflect changing public attitudes. * **Comprehensive scope:** Legislatures can create detailed laws to cover a wide range of issues, for example, Canadian Environmental Protection Act regulates environmental standards. **Legislation Disadvantages:** * **Overlapping jurisdictions:** Federal and Provincial legislatures can be in conflict, for example, healthcare and pipelines crossing provincial boundaries. * **Rigidity:** Change can be slow and politically contentious, for example, The Indian Act is outdated and discriminatory. * **Political Influence:** Political agendas instead of legal reasoning, for example, electoral reform. ### 8. Describe the key elements of the Realist and Liberal international approaches, providing examples. * **Realism:** Emphasizes power, national interest and the inherent anarchic nature of international relations. It focuses on state sovereignty and competition, often viewing conflict as inevitable, for example, Canada’s response to the Arctic Sovereignty issue. Increased Russian and American presence made Canada focus on defending its sovereignty in the Arctic, increased military capabilities and asserting control over disputed territories, for example, the Northwest Passage, NATO and NORAD, * **Liberalism/International Approach:** Promotes cooperation, international institutions, and global governance. It views states as capable of working together to achieve mutual benefits, advocating for diplomacy and shared norms, for example, United Nations, Paris Climate Agreement and NAFTA/USMCA, which reflect global peacekeeping and international stability, global cooperation to tackle climate change and economic interdependence respectively ### 9. What are the key elements of liberalism, and how are they differently understood in classical and reform liberalism? Provide examples to illustrate. * **Classical Liberalism:** Emphasizes individual freedom, limited government intervention, private property rights, and free market principles. Minimal State involvement in economic and social affairs, focusing on protecting individual rights and maintaining law and order, for example, The Charter of Rights and Freedoms restricts government power and ensures that individual rights are prioritized over state interests. * **Reform Liberalism:** Emerged in response to the limitations of classical liberalism, advocating for a more active role of government in addressing social inequalities and providing public goods. It recognizes that true freedom is not only the absence of coercion but also the presence of opportunities and social safety nets, for example, Universal Healthcare, CPP and EI all ensure that health and financial insecurity are not barriers to individual success when faced with health issues. ### 10. Explain the central features of conservatism and consider whether its focus on limited government enhances or detracts from freedom. The central features of conservatism: * Maintain established institutions. * Moral and cultural preservation. * Reducing taxes through reducing welfare and social programs and increasing privatization. * Many of their policies are “family” and faith-based. * Advocate for deregulation to establish an unfettered free market. * While conservatism touts equality before the law, it accepts unequal outcomes and inequality so long as rules and order are applied equally. * Conservatives believe in social responsibilities and cohesion but while these things sound reasonable, fair and equal in theory, they are remarkably less so in practice as large gaps in equality make it so that laws and rules cannot be enforced or applied fairly. **Example:** A $200 speeding ticket to someone paycheck to paycheck is disproportionately affected by this fine versus someone that makes $1 mil+/year.