POL340Y1 Lecture Notes - Lecture 5: Legal Personality, Jus Sanguinis, Improper Conduct
23 Dec 2016
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State jurisdiction: focus on jurisdiction of the state, deal with limits of legitimate state power from domestic perspective. Definition-limits on state power, historically no limits on state power-european states were some absolute power, see history of checks on state power-most famous=magna carter=made one thing clear=sovereign subject to the law-precursor concept. Only argument-state was acting outside jurisdiction-old argument. Administrative law=deals exclusively when can the state-exec. branch-exercise power-what are the outside boundaries, debate. Ability of provinces to proscribe-insist upon/limit-subject matter/types of rules legislative bodies can make- known as prescriptive jurisdiction. Enforcement jurisdiction-ability of a sovereign power to compel conduct. When it comes to ir, obvious limits to state conduct= territorial sovereignty of states. Kiobel-excerpt from article scope of (legitimate/lawful=from the perspective of il) state authority to regulate or control. When or when not is a state legitimately exercise its authority to regulate or control conduct- with respect to individuals, entities, property. Diff. between enforcement and prescription-idea that enforcement about physical control-can.
