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Lecture No. 2 Introduction to the Charter.docx

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Carleton University
LAWS 2502
Stacy Douglas

Lecture No. 2 Introduction to the Charter Wednesday, January 15 , th 2014 A) Review BNAAct forms the basic structure of Canada’s political institution. Canada operates as a federal state, while the UK is a unitary state. It is a constitutional monarchy – the head of the state is still the Queen of England who represented by the Governor General under the Doctrine of Responsible Government. Parliamentary supremacy is where Parliament is supreme, whereas constitutional supremacy is there are more restrictions (although parliament in Canada can make amendments to the constitution). A federal state is comprised of shared sovereignty. In Canada, autonomous duties are relegated to the provincial and the national legislatures. The Canadian Bill of Right 1960 was the first legislative attempt to protect individual rights. It was a federal statue introduced by Prime Minister John Diefenbaker; interpreted narrowly and not constitutionally entrenched. The Canada Act of 1982 patriates the Canadian constitution (UK statue) – it is one of the only UK legislation that has French in it. Parliamentary supremacy was challenged by the Charter of Rights and Freedoms. The British Empire was strengthened through the use of strategic settlement process known as settler colonialism. Parliamentarians in the English Civil War were most concerned with limiting the power of the king – Royalist also fought. The culmination of the English Civil War helped to establish the rule of law. B) Liberalism and the Rule of Law A.V Dicey wrote An Introduction to the Study of the Law of the Constitution 1885. He argued that there cannot be any punishment unless the crime is proven in a court of law. No one is above the law. The principles of the constitution are also made up of judicial decisions. Rule of law is specific about the relationship between states and citizens. John Locke is associated with the tradition of the social contract – give up some of liberty to avoid the state of nature where everyone is fighting. He is in favour of democracy. In favour of private property; anything you put effort into is your private property. The individual was the center of concern; body was the only way you had rights and private property. Since there is a social contract, the state acts as neutral arbiter of rights. There needs to be a necessary separation of powers for checks and balances. Hobbes was in favour of sovereignty and that they should control everything. Karl Marx critiques the rule of law. He argues that the state is not neutral. The means of production consists of the bourgeoisie and the proletariat – went from a society that lived off the land changed to where people with money bought up the land meaning those people who lived off the land could not do so unless they entered some kind of formal social interaction to live off the land. Equality before the law entrenches inequality. Individual rights sustain privileges of property owne
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