Final Exam 201 Flashcards
Thirty Years War
16th and 17th century, Europe was in a constant state of war. What began as a religious conflict between protestants and Catholics devolved into a war that involved most major European powers. It was one of the most destructive wars in European history as well as the longest.
Peace of Westphalia
The Peace of Westphalia was the document that drew the Thirty Years War to a close. It is considered to have spawned the modern European state system.
1) Sovereignty of states and their fundamental right to self-determination
2) Legal equality between states
3)non-intervention of one state in the affairs of another
Curtailed the power of Rome to the extreme displeasure of the Pope.
Current mutual recognition = Montevideo Convention 1933
Significant because today the state is the universal form of political organization
Law Boundedness
major feature of the modern state. rulers codify their decisions and publish them to limit the use of arbitrary power. Constitutions protect people from arbitrary power.
Rule of Law
Rule of law is the reason that the law has the authority it does. The law determines criminal behavior, punishments for criminals and impartial rules for the adjudication of disputes. Everyone in society is expected to obey the law and is considered equal before it. In order for the rule of law to be just, it must meet eight requirements: 1) general in scope; 2) public;
3) prospective rather than retroactive; 4) clear;
5) consistent; 6) relatively constant; 7) capable of being obeyed; and 8) enforced as written.
Constitutions
Anthony King: The set of most important rules and common understandings in any given country that regulate the relations among that country’s governing institutions and also relations between that country’s governing institutions and the people of that country.
Can be written (American) or unwritten (British)
1) overall structure of a state’s political system; political culture of a state.
2) a specific document that outlines basic institutions and procedures for changing them, as well as the basic rights and obligations of the state’s citizen. Basic source of national law, other legal codes and laws must be subservient to constitution.
Constitutionalism
Can refer to normative outlook on the political values in particular country’s constitution.
Can also refer to a broader normative view according to which the constitution is the most fundamental principle of political life.
Charter of Rights and Freedoms
In 1982 Pierre Elliot Trudeau patriated (brought home) the constitution and added a bill of rights known as the Charter of Rights and Freedoms. It guaranteed a set of fundamental freedoms including freedom of religion, thought, communication, assembly, mobility as well legal rights and right to vote. Section 1 sets parameters for the following sections through reasonable limits unlike the United States constitution. The Charter of Rights and Freedoms is entrenched meaning that it is the highest law in Canada. It has an emending formula but it requires unanimous consent.
Imposition of Constitutions
Constitutions were initially designed to constrain arbitrary power and increase liberty, but the imposition of European constitutions on indigenous populations increased oppression and was hugely destructive to other constitutions.
Constitution Act
Prior to 1867, the four main colonies in what is now Canada were part of the British Empire and did not have self determination. There was little power given to elected legislatures. The Constitution Act of 1867 was the Dominion of Canada and granted responsible government and a written constitution. Federalism (power is constitutionally divided between different authorities in government with different institutions)
Upper and Lower Canada Rebellions
1837 & 1838 series of rebellions. Upper Canada is controlled by the Family Compact and Lower Canada is controlled by the Chateau Clique. Mackenzie-Papineau rebellions (William Mackenzie and the Patriotes Upper Canada & Louis-Joseph Papineau and the Rebels Lower Canada) Take up arms over the right to self determination and responsible government. Rebellions put down in both places, Lord Durham (Radical Jack) dispatched to quell uprising.
1867 Lord Durham concludes that responsible government needed to be extended to the Canadian colonies.
**Nova Scotia was the first place in British North America to get responsible government in 1848
Responsible Government
Fusion of Power
Responsible government emerged in Canada in 1830’s. Described as a cabinet or executive branch that is dependent on the support of an elected assembly rather than a monarch.
responsible government executive and legislative fused together in cabinet that is accountable to an assembly of the peoples elected representatives
Assembly has confidence in the cabinet*** confidence
Federalism vs Unitary Government
Federalism- federally united into a dominion but power is divided between different orders of governnment
Unitary government: power of the state located centrally in on governing body
Federalism
divides power of the state between different orders of government ex) Federal and provincial.
Roberton: form of government in which pwoer is constitutionally divided between different authorities in such a way that each exercises responsibility for a particalar set of functions and maintains its own institutions to discharge those functions.
Federalism requires a written constitution to verify jurisdiction and settle conflicts. Courts become increasingly important because 1) different languages and legal codes 2) difference government to manage the stipulations mentioned attributes of Canadian federalism.
in 1867 federalism is not regarded well as it is blamed for the American Civil War
Separation of Powers in the U.S Style
Due to a deep mistrust of power after the American Revolution.
Avoid tyranny, place power in different bodies
Bicameral representation senators in the US- every state
House of rep. by pop. Each has its own democratic legitimacy and competitor for checks and balances.
Executive- President can propose law, administer, commander in chief, veto bills, foreign policy
Legislative- Congress law, over ride veto and impeach Judicial- Judges decide if it is unconstitutional
Baron de Montesquieu
French philosophers writing extremely influential to the American constitution
America put montesquieu on steroids
Theories of Representation
- Representation as mirror/microcosm
Edmund Burke you see yourself
ex) women 50% rep - Substantive Gender Representation
Barriers that exist so we must think about women who have unique experiences - Voice of the constituency
need to advocate only for what the people want. easy for homogeneous society’s. diversity breaks down similar voice of the constituency - Trusted Opinion Leader
Edmund Burke- traditional conservative. MP owes constituents their judgement. Best, most educated, best judgement
Judicial Review
review by supreme court - constitutional validity of legislation
Franchise
denotes the right to vote, used to be a privilege rather than a right
Single Member Plurality
first past the post, most votes win , winning party has clear majority
candidates based on merit rather than party ties
encourages strong opposition parties and discourages extremism
“wasted votes” candidates who have no realistic change of being elected
majorities are being formed with less and less of the popular vote
Arrow’s Impossibility Theorem
In a situation where there are three or more options, impossible to determine the one that is most preferred unless more than fifty percent vote for it.
Proportional Representation
prioritizes adequate representation of the range of public opinions
favors minority groups and smaller parties
may contribute to policy stability , reduces wasted vote
%popular vote=amount of seats
disproportionate power to small parties, no direct line, fragmentation
Bag of skittles- huge variety of parties in to legislative
Mixed Member Proportional
hybrid system, some seats elected by simple majority other by proportional representational
no wasted votes, broader range of views
need more coalition and creates house hierarchy
Political Party
definition
emergence
a group of political activists who aspire to form or be part of gov. worked well in legislatures so used to mobilize voters
voter turnout increase with rise of mass parties
emerged in U.S & U.K, originally formed within parliaments among like minded representatives
expanded to structure votes in popular elections independent of electoral system
Mass Parties
Mass Parties- feature of the 19th century to mobilize voters increase size of legislative section. WW1 end of party hayday
