chapter 8

Question 1

Why did constitutions emerge

Answer 1

1500s-1600s (thirty years war) Europe is constantly at war. Ends with the peace of Westphalia and states are starting become autonomous from each other and constitutions were so that states would clearly state how they would govern themselves. to limit the use of arbitrary power

Question 2

what ended thirty years war

Answer 2

peace of westphalia

Question 3

peace of westphalia

Answer 3

end of the thirty years war where every state is equal and autonomous from each other is introduced.

Question 4

the rule of law

Answer 4

everyone including the rulers are bound by the law and cannot act against it.

Question 5

key functions of law

Answer 5

determines criminal behaviour, prescribes punishments to criminals, impartial laws for the adjudication of disputes

Question 6

Anthony king’s definition of constitution

Answer 6

set of the most important rules that state how government institutions must govern themselves in relation to themselves and the people governed

Question 7

two concepts of constitutions

Answer 7

overall political structure of the state and the political culture
document the specifies the basic rights of citizens, institutions of the state, and the procedures of changing them

Question 8

Mackenzie Papineau Rebellions

Answer 8

elected representatives of the legislature rebel because the system (federalism) did not allow them to have any influence the cabinet, they wanted responsible government

Question 9

leaders of Mackenzie Papineau rebellions

Answer 9

Mackenzie (upper Canada) Papineau (lower Canada)

Question 10

Lord Durham

Answer 10

British send him to study the Canadian problem

Question 11

confederation of Canada

Answer 11

1867

Question 12

two types of governments

Answer 12

unitary government: power is centralized unto one sovereign governing body
federalism: power is decentralized and divided

Question 13

history of federalism

Answer 13

Americans first try it out, it leads to English civil war. This gives it a bad rep, Canada doesn’t want to use it but still has to deal with the French-English divide so they create responsible gov’t

Question 14

8 requirements of the rule of law

Answer 14

Lon Fuller; general, public, prospective, clear, consistent, enforced as written, capable of being obeyed, relatively constant

Question 15

constitutionalism

Answer 15

a normative outlook on political life; doing things according to the spirit of the constitution

Question 16

constitutional courts

Answer 16

police the government to make sure they do not infringe on the people’s rights and safe guard the constitution

Question 17

4 different ways constitutional courts define justice

Answer 17

legal positivism- judges just enforce the law as it is written do not consider whether the phrasing is adequate
communist- the law play a part in a bigger non-legal goal which is to secure communism
Islamic approach- facts of the case are made to fit orthodox beliefs
procedural justice- the fair and similar process for cases that are alike

Question 18

political monism

Answer 18

the belief their are no fundamental divisions in phenomena

Question 19

legal pluralism

Answer 19

multiple legal systems within one population, no systematic codification of legal precedents

Question 20

Consociationalism

Answer 20

alternative to federalism, where the elites of divided societies share power; some argue that it is better at handling multiethnic communities

Question 21

4 features of consociationalism

Answer 21

Ardent Lijphart; gov’t by coalition, proportional representation, minority vetoes on certain legislation, subcultural autonomy

Question 22

asymmetry federalism

Answer 22

hybrid between unitary and federal gov’t

Question 23

asymmetry federalism examples

Answer 23

Spain, Pakistan

Question 24

secularism

Answer 24

religion has no privileged position in the state