Class Test 1 POLI 342 Law and Politics Flashcards
Feudal System
- Wealth = land. Laws protect land and therefore wealth production.
- GB conquer New France during 7 years war
- New France, land divided between the sons. Wealth gets smaller. Land inheritance laws shape society. (little innovation, never move away, protect land, difference between farmers small but equal)
English Land Laws
- Male primogeniture: oldest surviving son gets the whole estate. Second son army/navy and third son clergy.
- Societal impact: need wars to employ/feed the army. send clergy to evangelize
- First son innovates and improves.
- Inequality, need laws to be incorporated in to an institution.
- System of laws that accepts the wealth you have and keeps the pie the same v.s allows for wealth creation
GodFather Lecture
-Bonasera’s daughter was attacked. Asking Don Vito for a hit on those responsible
-“I believe in America, America made my fortune”. In opposition to Sicilly (one of the poorest parts of Italy at the time).
-Don Vito is upset that Bonasera abandons the old ways and goes to the police. Context of 1945, never justice for Italians, they are new immigrants, Catholic Irish run the police force.
America: modern, procedural, impersonal, free and individualistic, the law
Little Sicily: traditional, familial/friendship, personal, obligations, honour/vendetta
-Laws are always under threat (freedom and modernity are too). Fine balance with community, family, honour
Today’s Risk to the Law
Authoritarianism
- Hong Kong threatened to be absorbed back in to the ‘rule of men’
- At the end of Opium War, China gave up HK to the British who imported the rule of law.
- Protests triggered by the threat to habeas corpus- appear in front of judge explain why holding you. Right against arbitrary detention. Extradition Bill as representative of deeper fear
Origin of Rule of Law
- Rule of law, democracy and free markets
- John Locke 17th c. Britain:
- religious tolerance just emerging, cuiis regio, eius regio- your ruler is your religion.
- England revolts to install Protestant Monarchy 1688 Glorious Revolution
- Divine right of kings?
- Regime must protect natural rights of citizens. rights rae universal and independent of government..
- Government exists to secure natural rights, protect or be overthrown.
- Constitutionalism- limits on gvt
Declaration of Independence
- Best statement of Locke’s ideas
- Jefferson, Adams and others.
- Inalienable rights with a government to secure these rights
- Citizens right to revolt
- Colonies already existed as communities, but needed to be codified
- Doesn’t set up system of government—those are set out in the Articles of Confederation which ends up floping because ineffective, can’t govern
Declaration v.s Constitution
Declaration: principles of government objectives short and easy to read Life Liberty Pursuit of Happiness Constitution: Drafter later Principles and objectives put in to practice
Dicey Law of the Constitution
-Parliamentary supremacy
-Codifier of the rule of law
-Study of the law of the constitution
-
1. no punishment except by violation established in ordinary court
2. equality before the law
3. emerge from case law/common law
Question is- how do you have parliamentary supremacy and rights
Current Examples of Discretion and the Rule of Law
Climate Change: which government has the right to respond? not listed in division of powers
Carbon tax
What is Pez?
Candy or toy, different import tariffs. Deputy Minister of Revenue says Candy, Regal Confections appeals, listed as other toys.
Court
-dispute that needs resolving. third party- triadic dispute resolution
-courts not natural, emerge over time
-Starts as:
1. voluntary, consent,
2. flexible
3. go between or more formal
Courts:
1. emerge over time
2. not voluntary
3. run by state. imposition of third party
Shift From TDR to Courts
- mutual consent to law and offices means that parties suspected bias, the interests of the state are injected, no longer working from local assumptions and rules
- appeals un natural, move away from local, leads to urbanization and centralization
English Courts
- 1066 arbitrary start date in the age of Norman Kings (+/- 100 years)
- oral, adversarial, local and within a single team
- royal, quick but fair. “King’s Justice”
- In competition to midieval, semi formal.
Early Confederation in Canada
- Courts common, judges and lawyers were rare
- Magistrates and justice of peace were common (part time, volunteers, police chief
- Handling cases up to 6 months in prison, fines or minor debts using local knowledge
- Great for social control and surveillance
Confederation
- challenge at confed to :
create successful parliament and federal government
secure provincial legislatures and governments
protect natural rights
ensure that Canada is strong
since there would be provinces how organize the courts
no welfare state so need court- order property and dispute resolution
Canada US Comparison
US:
preserves states in the 1787. Colonies were well established by time constitution was drafted. courts well established as well. let congress create other fed courts to operate parallel
CAD
create and preserve provinces and courts but superior high court judges are appointed and paid by Ottawa
criminal and procedural law also Ottawa jurisdiction
Ottawa can create other courts included a general court of appeal
Until then go to Judicial Committee of Privy Council in London