Politics quiz Pt. 2 Flashcards
define law
A rule of human conduct that is enforced by the community by coercion, if necessary.
What are the 4 features the law provides?
- Restraint
- Retribution
- Restitution
- Rehabilitation
Define Restraint
- For those ppl or inds who do not respect the authority of gout and are not influenced by it to follow the law… For them there is coercion.
- Those inds restrain their impulses to break the law and follow it instead.
define retribution (FAFO: fuck around and find out)
- Punishment for the rule break
define restitution
- Compensation for those harmed by the rule break
define rehabilitation
- A change in behaviour on the part of the rule breaker, to prevent future rule breaking.
What are the 2 general forms of law?
- Customary/evolutionary law - arises gradually and it’s creation cannot be fixed in time (unconscious creation).
- Legislation - reflects the conscious creation law
Define customary (evolutionary) law
- all communities have rules they follow and that these rules are enforced, even if they may not necessarily be written down.
- These rules developed in response to challenges in the community.
- These rules promoted internal cohesion and that resulted in external strength.
- the rules are often ascribed to divine origin.
- Eventually, these rules are written down (this is recording law, not creating it).
Define common law
- British version of customary law.
- It is made up of court rulings dating back to the middle ages.
- Court rulings serve as a guide or precedent for future cases.
- Following a path laid out by past court decisions allows the law to grow in an orderly and predictable way.
- By studying past cases, one can gain a fair idea of how future disputes will be decided.
- the law is being discovered and uncovered with each ruling.
define legislation
- reflects conscious creation and direct control of law.
define legislature
- body that creates law (national assembly, parliament)
define legislator
- inds who serve in legislatures
What are the 2 forms legislation can take?
- Statute: deals with a specific issue (speed limits, no public smoking)
- Law code: A comprehensive set of interrelated issues (criminal code of Canada)
define the 4 things constitutionalism can do:
- Establish and assign powers to the branches of gout (executive, legislative, judiciary).
- In a federal state, the constitution will divide sovereignty (=control over specific policy areas) between 2 orders of gout (the national gout & subnational gout)
- central gout is given control over policy areas of national importance
- Subnational gout get control over issues of local importance. - Constitution will establish relations relations between citizens & gout ( ex: charter of rights and freedoms )
- It may include a process or mechanisms by which it can be modified (amended)
define constitution (supreme law)
- a set of fundamental rules and principles by which a state is organized.
define constitutional conventions (political agreements or customs) and why does it exist?
- These are elements of a constitution but they are unwritten and are not laws.
- Constitutional conventions exist for a legitimate reason and consequently are followed by political actors.
what happens if a constitutional convention is broken? and what is the consequence?
- if a constitutional convention is broken, there is no legal punishment.
- If a conventional is then the inds. may suffer reputational damage. - consequence is enforced by the public.
what are the 2 types constitutions?
- Written constitution
- Unwritten constitution
define written constitution and give an example
- constitution exists as a single deliberately crafted document (that was written or created at a specific moment in time).
- it is very difficult to change via the amending process.
- it is comprehensive in scope.
- Ex: U.S.
define unwritten constitution and give an example
- A collection of conventions and statues that, taken together, are viewed as being the constitution.
- statutes may be enacted at different times (like the bill of rights of 1689)
- Very easy to change (in theory)
define constitutionalism (limited state) also say what it would be like in a democracy and a dictatorship.
- idea that gout is not the absolute controlling source of society but rather it is a tool that society uses.
- Democracy: constitution controls the gout
- Dictatorship: gout controls/is above the constitution
define what a Judicial Review
- the courts, if called upon, can determine wether the gout actions or laws conform w/ the constitution.
- If the courts rule that it does not, they can strike it down.
what is the international system based on?
our understanding of states.
what’s the correlation to the treaty of westphalia (1649)
- it indirectly established the foundations of the modern state system.
What are the 4 central aspects of the international system:
- states is the key actor
- states practice norms of non-intervention and non-interference in the domestic affairs of other states. (states recognize each others ovreignty)
- States are legally equal within the international system and have the same rights and obligations.
- States are not equal in all ways - they differ in forms of power.
- Given that there is no word gout in the international system is described as being “anarchic”
define governance without government.
states choose to cooperate with each other on various issues and this would result in order.
- the more powerful states are able to ensure that any agreement reached benefits them most.
define international law (general statement and the definition)
General statement: A means used by states to cooperate on an issue.
Definition: the body of rule that states agree to follow.
define ideology
- political ideas that seek to mobilize people on how society ought to be organized.
what are the 4 aspects of ideology?
- its not a personal opinion but a mass belief.
- includes a mix of facts and beliefs.
- provides a simplified version of reality, reducing complexity and presents an easy to understand picture.
- elements will fit together logically as an organized system.
define left-center-right mentality
- modern democratic societies it refers to the role of gout.
define liberalism
- it is all about maximizing individual freedom
-individuals freedom must be protected from gout overreach
-its an umbrella term (lots of ideologies that fall into it)
define classical liberalism
- emerged in early 18th century (europe and north america) and was the dominant ideology at the end of the 18th c.
define reform liberalism
arose as a reaction to classical liberalism and was dominant ideology (western europe and north america) mid point of the 20th c.
what are the 4 principles of liberalism
- personal freedom
- limited state (AKA constitutionalism)
- Equality of right
- consent of the governed
define personal freedom
an absence of gout coercion from various/certain aspects of life (freedom of speech, religion, thought, etc…)
define Limited state
the idea that the gout is not the absolute controlling force in society, but a tool that society uses to achieve its goals.
define equality of right
(rule of law) the same laws apply equally to all and are enforced without bias
define consent of the governed
gout answers to the people and can be changed by them.
