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POL 224 week 7 Lec Oct 31, 2012.doc

4 Pages

Political Science
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Rodney Haddow

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POL 224 week 8 Lec Oct 30, 2012 Constitution Continued Judiciary and the Rule of Law -courts authoritatively interpret law -‘stare decisis’ precedent basis -make ‘common law’ in process -courts can make law, define law for it and for any inferior court -ex. whether or not a 13 year old can be charged for breaking a window with a ball -they either recognize that he was old enough to know better or not -after that, a precedent is set -courts interpret the law and embellish it when there is an ambiguity -rule of law works differently in the US and UK UK (unwritten Constitution) -courts interpret common law and thereby remake it -embellish the law -also interpret/ embellish statutes (from parliament) -but parliamentary system means statute law is ‘trump’ -parliament remains supreme/ sovereign -statute law trumps common law -courts must yield to new parliamentary law -relatively easy to change/ reverse laws made by the courts -most courts work this way except the EU -executive prerogative also is trumped by statutes but persist -in the British (Canadian) tradition, executive (crown, cabinet, etc.) have the right to avoid the authorization of a statute/ do not need consent to prorogue parliament -legislature is not dissolved (also a prerogative) but suspended -all business of the house is abandoned -house stops sitting -convention is that the cabinet goes to the gov. gen to request prerogative POL 224 week 8 Lec Oct 30, 2012 -most prerogative powers belong to cabinet except for reserve powers US (written Constitution) -as in UK, US courts interpret/ embellish common law and statute law but also much more -written constitution trumps statutes/ legislature -the US supreme court is the grand interpreter of the constitution -the courts defend/ protect the constitution -end up embellishing the constitution like common law and statutes -ex. no limit on campaign advertisment funding so corporations/ individuals can pretty much buy elections -citizen’s united case (2010), you are just limited on spending the money on the candidates themselves -can rule statutes ultra vires (beyond the powers of- no state can make of law of this kind because it violates the constitution) re. 2, 3 (federalism provision), or 4 -courts trumped only by constitutional amendment -difficult to amend the constitution -need to pass a motion through both houses of congress, and both senate and house assemblies of 3/4 of the states -last time this happened was the 1960’s civil right
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