POLS 1500 Lecture Notes - Lecture 3: Due Process, Constitutionalism, Distinct Society
15 May 2018
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Tuesday, October 24, 2017
Oct. 24/17
Communication and Institutions !
-Functions of Constitutions!
Basic organizations of government!
Powers and limitations !
Highest set of principals or laws!
Structures for resolving conļ¬ict!
Obligations on citizens and leaders!
Constitution has principals in how level of power is distributed, how state becomes
organized, and gives leaders authority of what they can do!
Constitutionalism everybody including the government have to abide by the
constitution (correct procedure)!
-Thee elements of a constitution !
Responsive !
Limited (by what it can achieve)!
Eļ¬ective (designed to provide a framework for common governance )!
!
Constitutions vary in detail and length!
-Due process ā fair treatment!
Constitutions must:!
Promote the public good!
Have amendment procedures!
#1
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Tuesday, October 24, 2017
Place limitations on government!
Enumerate individual rights and freedoms!
-History!
Ancient Greece and Imperial Rome!
āThe rule of law is almost always superior to the rule of unrestrained
individualsā (Aristotle)!
Britain - Magna Carta, 1215!
-Written vs. Unwritten Constitutions !
Either a speciļ¬c written document or lack of codiļ¬cation of laws in a single document!
Canadian constitution: written and unwritten!
=Charter of Rights and Freedoms!
=Other documents such as the Constitution act, 1967, Supreme Court Act, 1875,
Constitution Act, 1982, Emergencies Act, 1988, etc!
-Canadaās Constitution!
-Constitutional amendment codiļ¬ed all past constitution laws into one document!
-Charter of Rights and Freedoms, 1982!
Whereas Canada is founded upon principles that recognize the supremacy of God and
the rule of law!
-The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms
set out in it subject !
#2
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Document Summary
Constitution has principals in how level of power is distributed, how state becomes organized, and gives leaders authority of what they can do. Constitutionalism everybody including the government have to abide by the constitution (correct procedure) E ective (designed to provide a framework for common governance ) The rule of law is almost always superior to the rule of unrestrained individuals (aristotle) Either a speci c written document or lack of codi cation of laws in a single document. =other documents such as the constitution act, 1967, supreme court act, 1875, Constitutional amendment codi ed all past constitution laws into one document. Whereas canada is founded upon principles that recognize the supremacy of god and the rule of law. The canadian charter of rights and freedoms guarantees the rights and freedoms set out in it subject. Peace , order and good government, coin money, public property, public debt, banking, shipping/navigation, aboriginal peoples , aboriginal lands, postal service, criminal law.
