LAWS 2502 Lecture Notes - Lecture 2: Justiciability, Parliamentary Sovereignty, Capitalism
16 Nov 2016
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Document Summary
Wrote a book about the central concepts of the rule of law in 1885. Rule of law comprises of three things: no punishment unless 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. Under liberalism the government would never override the interest of the people for the good of the people. Wrote his book at the end of the 17th century or 1600s. People want to be free from arbitrary power of the sovereign. State becomes a neutral arbiter of rights. The state is just a neutral body that makes sure that people can access their rights. Separation of powers for checks and balances. (we want to make sure parliament can do hat it wants but having the courts act as a check on them) Proletarianization 1) violent privatization of land 2) creates a new class of wageworkers.
