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POLI SCI 3NN6 Lecture 2.docx
POLI SCI 3NN6 Lecture 2.docx

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McMaster University
Political Science
Greg Flynn

Lecture 2 Public Law Introduction Definitions Public Law  the area of law that govern that relationship between the state and its citizens, and more particularly, through the use of “state power” by the state in relation to and in relationship with its citizens Law  a set or series of formal and/or informal rules, norms and/or values that govern the relations or interactions between persons AND/OR organizations and are applied, interpreted or enforced by a judicial process or quasi-judicial o how these rules instruct/guide how people act o state and individual formal laws  written laws  ones we can find and put our hands on  public law is more than just written laws informal laws  law set through judicial presence- common law o its unwritten o dictate how we are governed o Civil Code (tend to be about private law) and Criminal Code- written  constitutional-  unwritten laws  91 and 92 of the constitution why one government can do one thing and another one  judicial decision  section 15 of the charter Laws can be public or private  public laws o apply to a large variety of topics o administrative law- developed around decision making not made by the legislature, made by individual agencies o Constitutional Law o federalism jurisprudence – water tight compartment theory  a whole area that the provinces can do and the federal government cannot and vise versa\ o Charter of rights and freedom & Constitution o Criminal Code/criminal law Common Law vs. Civil Law System Domestic vs. International Waldmen- 1999 United Nations case  case about the province of Ontario funds catholic schools  sued the Ontario government, lost every court they fought in Judicial/Quasi-Judicial Process (particular to administrative law)  State o levels of governments  federal  provincial  municipal  created by provinces  important body in public law o division of powers  executive – they administer laws, isn’t jus the cabinet we are concerned with  legislative- parliament/legislative assembly they make laws, they represent us  judicial  state power o Max Webber- definition of state power o coercive power is not enough
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