POLI 100 Lecture Notes - Lecture 8: Consociationalism, Constitutionalism, Sharia

• School: UBC
• Department: Political Science
• Course: POLI 100
• Professor: Christopher Erickson

Document Summary

Western model was in some cases radically contrary to existing forms of governance. Conditions for just law: general in scope (not aimed at one person, public, prospective rather than retroactive, clear, consistent, relatively constant, capable of being obeyed, enforced as written. Law as a check on power legal system can restrain abuse of power by executive courts independent of the state so that judges can determine the merits of legal cases despite political implications. Written constitution can make legitimate patterns of behaviour more transparent and regularized. Normative outlook on the political values of a given country (the spirit of the constitution) Or the view that the constitution is the most fundamental principle of political life: for this reason, changing constitutions if often very difficult. Fundamental rights developed over time from a focus on political right to broader social rights. Universal declaration of human rights adopted by the un in 1948 spells out a broad range of political and social rights.