PSCI 2101 Lecture Notes - Lecture 6: Adversarial System, Corporatism, Majority Rule

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Institutions of government: two (continued from last lecture) Body of meta-norms that specify how all other norms are to be produced, applied, enforced and interpreted. Commitment to accept the legitimacy of, and to be governed by constitutional rules, and principles. Practice and understanding of government that are derivable form are inherent in, any constitutional order. Type 1: absolutist constitution --> places the constitution at the centre, ability to change norms is centralized (absolute), no embedded due process. Type 2: legislative supremacy constitution --> provides for stable set of government institutions. Type 3: the higher law constitution --> development and entrenchment of individual right. Constitutional rights are meta-norms which in turn impose constraints on the exercise of public authority and vary depending on the hierarchical relationship and negative or positive character. Hierarchical relationship: relationship between rights provision and the exercise or authority. Negative is what the state cannot do [ie. freedom of speech cannot infringed upon through the enactment of legislation)

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