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POL151 CH1+2 POLICY, CONSTITUTION.docx

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Department
Political Science
Course Code
POL 151
Professor
Scott Mc Leod

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CH1: POLITICS, PUBLIC POLICY, ADMINISTRATION AND JUSTICE
Definitions
Politics
Word ‘politics’ come from Greek word ‘polis’ meaning ‘city-state’
Various definition, focusing on power and authority, legitimacy and accountability, culture and values lack final agreement for a single
definition
o Eg Jean Jacques (general will and popular sovereignty), Bentham/Mill (emphasized greatest good for greatest number), Marx
(politics base on power relationships, class struggle) Mosca/Pareto (elite mass relationships), etc
o Kahn, McNiven, MacKown nature and role of authority and power, characteristics of political ideas and behaviour, requisite
for political stability, causes of political change and revolution
Many imply the idea that politics as power
o Easton “authoritative allocation of values”, Dahl – “ ability of A to get B to do what B would otherwise not have done”,
Lasswell “who gets what when and how”,
The exercise of power is often defined as ‘legitimate’ when it is based on an acceptable ‘authority’
o ‘illegitimate’ when merely based upon superior force
Conflicts conflict over ideas, allocation of goods values and power
o Reconciliation = attempts to resolve conflict
o Political debates about ethics, freedom, privacy, security, abortion, etc all have conflict and attempts to resolve these
differences
Loon/Whittington politics is a ‘process by which political function is performed; the way authoritative decisions concerning the
allocation of scarce resource/values are made and carried out in a society
Public Administration
Various explanation:
o Focus on processes of governing = action part of government, concern with implementing political values, coordinating
individual and group efforts to carry out public policy, accomplishment of politically determined objectives
o Application of organizational decision-making, staffing theory/procedures to public concerns
o Cooperative group effort in public setting, formulation of public policy, service to community
All emphasize that public administration is not confined to single branch of government, is part of political process and includes public
policy
Many emphasize on implementation of policy- forgetting role of beureaucrats in policy development
Most public administration and policy falls along a continuum in between.
o Eg ombuds office was created to do administrative work but often deal with much more
o Admin/policy should not be seen as entirely separated (a dichotomy)
Public Policy
Various definition:
o Whatever governments choose to do or not to do
Governmental inaction can be as significant as action in defining outcomes of policy debates
Bureaucratic slippage discrepancy between legislative action and intent and policy implementation
o Public policy is the relationship of a government unit to its environment” public policy is not confined to government,
includes stakeholders, public, sub-government, policy communities. Media, NGO’s, political parties, etc
Primary governance structures that makes public policy (federalism, constitution, legislature, executives, judiciary)
Societal discussion/interest/organizations often make influences too eg right to life, right to die
o Course of action directed towards accomplishment of a goal the means of achieving them”
Involves
o 1) expression of normative intent (ideas, values, principles)
o 2) exercise/structure of power, influence, legitimate coercion
o 3) process to deal with uncertainty, and legitimacy and fairness of processes
o 4) implementing desired human behaviour
o 5) Serious of decision and non-decisions
Paradigms: prevailing/generally accepted understandings/ideas/theories/wisdom
Nine types of policy instruments ranked by degree of intrusiveness
o 1) privatization of conflict government ignore or problem sort in private organizations
o 2) symbolic instruments statements of interest by government, creating study group or royal commission
o 3) exhortation encourage voluntary compliance, promotion of preferred response (cut back smoking, public education
campaigns)
o 4) tax expenditures incentives through tax system to affect private behaviour in particular ways (tax benefits for charities, or
incentives for pensions)
o 5) public expenditures actual government spending
o 6) regulation more intrusive, ensure compliance (air safety, what television we watch)
o 7) taxation constraining behaviour, eg luxury taxes on cigarettes/alcohol may be less effective
o 8) public ownership government activity undertaken via entities such as boards, beuraus, commissions (eg CBC required to
enhance Canadian culture)
o 9) state of emergency extreme instances (eg war), coercive government emergency powers,
The Political System
Demands & Support The Political System Decisions and Actions Outputs ------- Feedback Loop ------- Inputs -
Input functions demands and supports include several functions:
1. Political socialization (and recruitment) learn values and attitudes of political system understand political culture
2. Political communication process of opinion forming/exchange central role media
3. Interest articulation the expression of interests and claims (eg performed by interest groups)
4. Interest Aggregation bring together and sort out various interest, formulate more inclusive programs, to form simplified basis
for political decision-making
Output functions decision and actions and a feedback loop
1. Rule Making traditionally associated with legislature, but can be more broadly based than this
2. Rule application/implementation generally associated with executive branch/administrative process
3. Rule adjudication role of judiciary see if rules have been broken and give appropriate penalties
Feedback resolution is never an end point, policy produce a range of responses, some represent support of the action, other involve
demands of alternative actions
Justice
Justice = about equality before and under the law, fairness, honesty, morality, ethics, and culturally accepted norms.
o However application of justice is not always equal
o Everyone treated equally ‘before the law’ - Canadian Bill of Rights (1960)
o Charter of rights everyone equal under law, equal protection, equal benefit
o however History shows much effort to remove protection/treat unjustly eg Jehovah’s witness, Japanese, aboriginals,
homosexuals, prisoners, etc
Distributive justice- allocation of goods in society (treating equals equally)
Commutative justice treatment of individual in same transaction (give someone what s/he deserves)
Normative values subjective (eg of an individual) constructions of what ‘ought’ to be
Positive values objective, descriptions of what ‘is’
o Debate about what to do with Clifford Olson example of normative vs objective perspective
Justice: An essentially Contestable Concept
Search for an underlying premise - eg rightness or wrongness of abortion may be reduced to a belief in whether a fetus is thought to be a
‘human being’ or not, is the human right of fetus greater/lesser than human rights of mother base largely on normative beliefs
Many underlying premise are contestable these debates constitute much of our politics and motivate political action
o Often cant find perfect solution, lack consensus, policy making/administration is not dichotomy
Conclusions
Kennedy administration of justice = ―how a society makes the rules by which it governs itself and how it applies these rules‖

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Description
CH1: POLITICS, PUBLIC POLICY, ADMINISTRATION AND JUSTICE Definitions Politics  Word ‘politics’ come from Greek word ‘polis’ meaning ‘city-state’  Various definition, focusing on power and authority, legitimacy and accountability, culture and values – lack final agreement for a single definition o Eg Jean Jacques (general will and popular sovereignty), Bentham/Mill (emphasized greatest good for greatest number), Marx (politics base on power relationships, class struggle) Mosca/Pareto (elite mass relationships), etc o Kahn, McNiven, MacKown – nature and role of authority and power, characteristics of political ideas and behaviour, requisite for political stability, causes of political change and revolution  Many imply the idea that politics as power o Easton – “authoritative allocation of values”, Dahl – “ ability of A to get B to do what B would otherwise not have done”, Lasswell “who gets what when and how”,  The exercise of power is often defined as ‘legitimate’ when it is based on an acceptable ‘authority’ o ‘illegitimate’ when merely based upon superior force  Conflicts– conflict over ideas, allocation of goods values and power o Reconciliation = attempts to resolve conflict o Political debates about ethics, freedom, privacy, security, abortion, etc – all have conflict and attempts to resolve these differences  Loon/Whittington – politics is a ‘process by which political function is performed; the way authoritative decisions concerning the allocation of scarce resource/values are made and carried out in a society Public Administration  Various explanation: o Focus on processes of governing = action part of government, concern with implementing political values, coordinating individual and group efforts to carry out public policy, accomplishment of politically determined objectives o Application of organizational decision-making, staffing theory/procedures to public concerns o Cooperative group effort in public setting, formulation of public policy, service to community  All emphasize that public administration is not confined to single branch of government, is part of political process and includes public policy  Many emphasize on implementation of policy- forgetting role of beureaucrats in policy development  Most public administration and policy falls along a continuum in between. o Eg ombuds office was created to do administrative work but often deal with much more o Admin/policy should not be seen as entirely separated (a dichotomy) Public Policy  Various definition: o Whatever governments choose to do or not to do  Governmental inaction can be as significant as action – in defining outcomes of policy debates  Bureaucratic slippage – discrepancy between legislative action and intent and policy implementation o Public policy is the “relationship of a government unit to its environment” – public policy is not confined to government, includes stakeholders, public, sub-government, policy communities. Media, NGO’s, political parties, etc  Primary governance structures that makes public policy (federalism, constitution, legislature, executives, judiciary)  Societal discussion/interest/organizations often make influences too – eg right to life, right to die o Course of action directed towards accomplishment of a goal the means of achieving them”  Involves o 1) expression of normative intent (ideas, values, principles) o 2) exercise/structure of power, influence, legitimate coercion o 3) process to deal with uncertainty, and legitimacy and fairness of processes o 4) implementing desired human behaviour o 5) Serious of decision and non-decisions  Paradigms: prevailing/generally accepted understandings/ideas/theories/wisdom  Nine types of policy instruments – ranked by degree of intrusiveness o 1) privatization of conflict – government ignore or problem sort in private organizations o 2) symbolic instruments – statements of interest by government, creating study group or royal commission o 3) exhortation – encourage voluntary compliance, promotion of preferred response (cut back smoking, public education campaigns) o 4) tax expenditures – incentives through tax system to affect private behaviour in particular ways (tax benefits for charities, or incentives for pensions) o 5) public expenditures – actual government spending o 6) regulation – more intrusive, ensure compliance (air safety, what television we watch) o 7) taxation – constraining behaviour, eg luxury taxes on cigarettes/alcohol – may be less effective o 8) public ownership – government activity undertaken via entities such as boards, beuraus, commissions (eg CBC required to enhance Canadian culture) o 9) state of emergency – extreme instances (eg war), coercive government emergency powers, The Political System  Demands & Support  The Political System  Decisions and Actions  Outputs ------- Feedback Loop ------- Inputs -  Input functions – demands and supports – include several functions: 1. Political socialization (and recruitment) – learn values and attitudes of political system understand political culture 2. Political communication – process of opinion forming/exchange – central role media 3. Interest articulation – the expression of interests and claims (eg performed by interest groups) 4. Interest Aggregation – bring together and sort out various interest, formulate more inclusive programs, to form simplified basis for political decision-making  Output functions – decision and actions and a feedback loop 1. Rule Making – traditionally associated with legislature, but can be more broadly based than this 2. Rule application/implementation – generally associated with executive branch/administrative process 3. Rule adjudication – role of judiciary – see if rules have been broken and give appropriate penalties  Feedback – resolution is never an end point, policy produce a range of responses, some represent support of the action, other involve demands of alternative actions Justice  Justice = about equality before and under the law, fairness, honesty, morality, ethics, and culturally accepted norms. o However application of justice is not always equal o Everyone treated equally ‘before the law’ - Canadian Bill of Rights (1960) o Charter of rights – everyone equal under law, equal protection, equal benefit o however History shows much effort to remove protection/treat unjustly – eg Jehovah’s witness, Japanese, aboriginals, homosexuals, prisoners, etc  Distributive justice- allocation of goods in society (treating equals equally)  Commutative justice – treatment of individual in same transaction (give someone what s/he deserves)  Normative values – subjective (eg of an individual) constructions of what ‘ought’ to be  Positive values – objective, descriptions of what ‘is’ o Debate about what to do with Clifford Olson – example of normative vs objective perspective Justice: An essentially Contestable Concept  Search for an underlying premise - eg rightness or wrongness of abortion may be reduced to a belief in whether a fetus is thought to be a ‘human being’ or not, is the human right of fetus greater/lesser than human rights of mother  base largely on normative beliefs  Many underlying premise are contestable – these debates constitute much of our politics and motivate political action o Often cant find perfect solution, lack consensus, policy making/administration is not dichotomy Conclusions  Kennedy – administration of justice = ―how a society makes the rules by which it governs itself and how it applies these rules‖ CH2: CONSTITUTIONAL DEVELOPMENT The Six Britain Constitutional Orders: 1759-1982  1) Royal Proclamation (1763) o Created provinces (such as Nova Scotia) and provided for their governance – under an appointed Governor answerable to Britain though the British Board of Trade, with an appointed council of advisor and Courts o Instructions to assimilate majority French through British immigration, English laws, English courts  Opened doors for British immigration into French controlled territory o Made legal recognition for aboriginal title – if land was occupied by aboriginals, must negotiate treaties o Also created legislature, executive, judiciary branches  2) Quebec Act (1774) o Intended to encourage French ‗loyalty‘ to Britain - Wanted French Canadian to side with British government, not anti-British American colonists in the subsequent revolutionary war o It returned several rights lost under the initial post conquest constitution  French Canada was granted the whole of its former civil law (English = common law)  French Canadian were allowed to participate in public offices via changes  Abandoned attempts to assimilate the French  3) Constitutional Act 1791 o Divided Quebec into Upper and Lower Canada  Each have its own Representative Assembly  thus established representative government o United States  had adopted a constitutional order that included Federalism / a written constitution / rejected the monarchy for a republic o The constitutional act allowed the provisions of the Quebec to continue in Lower Canada, except for the creation of a legislature  Upper Canada = Dominated by an elite (Family Compact) - English  Lower Canada’s (Chateau Clique) = Dominated the public and economic life of lower Canada - French o Biggest impact of the 1812-14 War was a second wave of English immigrations into BNA  Led to proposals in British Parliament  for the rejection of French Canadian rights such as language protections and Catholic Church limitations and re-unified Canada Assembly  passed First Reform Act  beginning of a broadening of democracy in Britain o Lord Durham = 1838, new governor of BNA  Proposed idea of Responsible government (government actually listen to the people) , Recommending a united Canada, again with a mission to assimilate the French  4) Act of Union 1840 o Abolished Upper/lower Canada  to a combined legislature o English no longer had to fear a French majority in a combined house o By product o
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