Class Notes (835,040)
Canada (508,887)
POLS 304 (1)
Lecture

Politics and the Constitution Introducing the Charter of Rights and Freedoms.pdf

2 Pages
143 Views
Unlock Document

Department
Political Studies
Course
POLS 304
Professor
Charles Smith
Semester
Winter

Description
Politics and the Constitution: Introducing the Charter of Rights and Freedoms January-08-13 10:18 AM Even though there are reasons to do something, not everything is lawful. For example, the idea of murder, even if it is self-defence, is "illegal." Does the Charter matter? - Countries with a constitution specify specific rules. They are supposed to reflect certain values. - Rights only seem to matter when they are being threatened. - Constitutions can be perfect in the abstract, but very messy in the ground. ○ As a result, interpretation and analysis results in seeing values not apply to the ground level in terms of interpretation. ○ They are purposefully made unclear. - What is Constitutionalism? ○ A set of binding norms and principles of political power in a sovereign state. ○ Non-state entities can have constitutions. ○ Canadian Constitution outlines powers of federalism, monarchical structure, etc. ○ Restricts powers of citizens and governments have power to certain things.  Example: feds have powers to sign treaties while provinces cannot do that.  Further example: education is a provincial area. ○ Two prominent Canadian constitutional scholars (R.I. Cheffins and R.N. Tucker) argued: "A constitution is more than a mechanical set of ground rules. It is a mirror reflecting the national soul. It reflects those values the country regards as important, and shows how these values will be protected." ○ When one reads the Constitution, it is more than a simply a dispute.  It's a group of judges' interpretation.  Decisions will also be reflective of dominant political, economic, social positions of the time. ○ We already know that Canada's legal system has been shaped by its past. ○ Responsible government: Parliament is supreme! No legal or individual body can overrule it.  The law acts politically?! - Rule of Law ○ It's pretty clear that not all laws mean the same thing to
More Less

Related notes for POLS 304

Log In


OR

Join OneClass

Access over 10 million pages of study
documents for 1.3 million courses.

Sign up

Join to view


OR

By registering, I agree to the Terms and Privacy Policies
Already have an account?
Just a few more details

So we can recommend you notes for your school.

Reset Password

Please enter below the email address you registered with and we will send you a link to reset your password.

Add your courses

Get notes from the top students in your class.


Submit