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Lecture

LAWS2502 Jan. 15, 2014.docx
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Department
Law
Course
LAWS 2502
Professor
Stacy Douglas
Semester
Winter

Description
Review: Introduction to Charter •Q1) What are the two required texts for LAWS 2502 •Q2)What is the legislation that forms the basic structure of Canada's political Institutions? o The Constitution Act, 1867, originally called the British North American Act, 1867 •Q3) What are some of the main characteristics of the Canadian State? o Federal State (UK is a unitary state) o Constitutional Monarchy • Official Head of State is Queen of England  Doctrine of Responsible Government o Constitutional Supremacy • Under Constitutional supremacy, Constitution is supreme  More restrictions through documents  Is not fully a constitutional supremacy because Parliament can use Not-withstanding clause • Parliament still makes laws • Parliament can still change the constitution • Although amending formula is very complicated • In UK, Parliamentary supremacy trumps everything • Q4) What is a federal state? o A federal state is comprised of shared sovereignty, in Canada, autonomous duties are relegated to the provincial and the national legislatures •Q5) What was the first legislative attempt to protect individual rights? o The Canadian Bill of Rights, passed in 1960 which was • A federal statue introduced by PM Diefenbaker • Interpreted narrowly and not constitutionally entrenched o R. v. Drybones o Nervous about the case •Q6) What legislation patriates the Canadian Constitution? o The Canada Act, 1982 (UK Statute) • Constitution Act • Schedule B of the Canada Act, 1982 is the constitution act, 1952, part 1 of the constitution act is the charter •Q7) The enactment of the Charter of Rights and Freedoms was thought by some to challenge a long-standing British legal tradition. What was that tradition? o Parliamentary sovereignty and Parliamentary supremacy •Q8) what was the strategic settlement called? o Settler colonialism •Q9) Parliament in the English civil war were most concerned with limiting o The king's power -> royalists vs. parliamentarians •Q10) the culmination of the English civil war helped to establish what important principle? o The rule of Law LECTURE 2: •AV Dicey o Wrote a book with his 3 major concepts of the rule of law: • An Introduction to the Study of the Law of the Constitution: 1885 o No punishment unless crime is prove in a court of law o No one is above the law o Principles of the constitution are also made up of judicial decisions (matters what the courts say) • The rule of law: popular understanding -> no one is above the law, including the government o History of unrest is some of the beginnings of ensuring the checks and balances on government, to make sure we have rights, are not being arbitrarily detained and taken by the sovereigns • Have clear separation of rights for checks and balances • John Locke -> Liberalism o Thinking of the social contract • Give away freedoms for security • State of Nature -> exit it to enjoy something better • Avoid what Hobbes says is the state of Nature where everyone fights each other • Proponent of private property • First private ownership is over your body  Extension that if you mix your labour with something, you own it  Idea of working the land justifies colonialism o Liberalism • Marks a historical time we associate with Liberalism • Formal sense of thinking of individual and individual rights  Hobbes and Locke were known as early fathers of Liberalism o Individual is a central concern o Protection of individual rights and protection of private property o State is a neutral arbiter of rights • Idea that we entered into this contract and so the state protects it  Give up some of our liberties for better rights • The state is neutral o Necessary separation of powers for checks and balances • Hobbes o Believed strongly in the sovereign, major proponent of sovereignty • Karl Marx: Marxist critique of the rule of law o State is a neutral arbitrator of rights o He states that the State is not neutral • It is in the interest of the state to oppress and exploit others in order to survive • Idea that in order for society to function, state has to be involved in the
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