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POL2104 (60)
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February 4.docx

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Department
Political Science
Course
POL2104
Professor
Joseph Roman
Semester
Winter

Description
February 4, 2013 3) Policy Making cont’d 4) Public Policy structures 1) Constitutions as structuring politics 2) Types of constitutions and the use of rights 3) The judiciary and the constitution Policy Making cont’d 1) Initiation 2) Formulation - The discourses which serve as a template for getting things done - How policies get done is largely dependent on how things were done before - A half dependant nature - What is done is largely dependent on past decisions 3) Adoption - Looking at whether or not the legislature will support it - A majority within the legislature has to support it - Depends on a lot of factors o Uni or bi o Parliamentary and presidential  How quickly or slowly it will be passed 4) Implementation - Most difficult part of the process o Top down vs bottom up o Top down – issue with ministers having problems as s/he goes down the chain of command o Bottom up – sometimes ministers don’t like to take advice from the bureaucracy 5) Evaluation - Is the policy working? - Not always easy to tell o Policy goals are changing all the time o What might be good in the beginning does not always pan out o What is vs what will be = very different o Just because something doesn’t happen doesn’t mean the policy did/didn’t work o Policies are a reaction to something that has already happened o Unlikely for a particular situation to have again o Evaluation provides for reflexivity - First thing done to evaluate is to ask—how much of what you wanted to happen is happening? - Second= policy outcomes o Looking at the qualitative forms of analysis o Tough - Third= policy review o When you’re reviewing you’re doing slight modifications Public policy structures - Corporate forms of policy making o The society is more than just the sum of their parts o Interests have to be reconciled o Collective institutions serve as a negotiating table for certain interests o Aggregated into associations  Hand out binding agreements o Corporatist forms of policy making = Europe o Corporatism can be difficult to maintain if different actors are involved o When you’re talking about policy making often you’re dealing with moral issues o Corporatist forms deal with material interests - Pluralists forms of policy making o Looking at the something between groups o Who has the best ideas and how do we particulate this o Not all groups have equal access to the government o Having access to state institutions depends on the resources each has Constitutions as structuring policies - Relationships between states and citizens and the realtionships that hole between the branches of the government - Constitutions in federal states - Fed states are constitutionally protected - Generally mark out the limits on government - What they can and cannot do - When we’re talking about lib dem states theses const. deal with the level of law o No one is above or below the law - Constitutions usually provide the frame work for how gov. ought to operate - Can deal with the relationship between exec and leg. - Setting the rules of the game - Constitutions are about ‘metanorms’ o Higher order of legal principles and rules that specify how a state will function o When you’re looking at how states function.. - Three moments that provide a perfect opportunity to change a constitution o Regime change o Losing a war  Germany and Italy after WWII  Remade from top to bottom o Independence - Can be codified or uncodified o Co=written down o Un=not written down  Conventions derived from traditions - Do have some sort of procedure in place to ensure that they cannot be easily amended - Not always the case o Can be amended through simple acts of parliament o The BNA – act of parliament - Rights may or may not be spelled out in constitutions o This is where conventions kick in o Where conventions guide rights, those are usually hashed out through case law o Just because prior to 1982 rights were not spelled out does not mean that Canadians did not have rights o UK still doesn’t have it - Constitutions are inherently limited o One of the biggest problems is right after how they have been written o Hard to govern after o I.e. US knew document in 1787 o Canada right after the Charter  A lot of uncertainty about how the polity was going to function  How are these rights going to affect the ways govs function  What about all the laws that are now open to challenge because of the charter o Their tenants tend to be very general  Large problem in Canada  What does trade and commerce mean?  Big reason is that all constitutions are written at a particular point in time  What was written then was good enough  Incomplete contract—living document • Idea is that there are always changes going on in society which put theses changes in flux • Their right to security - Only apply to the public sphere o Neither affect nor apply to private affairs Types of Constitutions and the rise of rights - Absolutely nothing which compels … - Just because you have a constitution doesn’t mean that your government will accept it - What you have to look at in order to make sure that the constitution will be respected o Look at the constitutions which are respected o What is acceptable, what is discussed o How an issue is organised o Behaviours have to be routinized  Something that is seen as fair o In a lot of these institutions the reason they persist is because they
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