PPAS 2200 Lecture 1.doc

4 Pages
Unlock Document

Public Policy and Administration Studies
PPAS 2200
Khashayar Hooshiyar

PPAS 2200 January 13, 2014 Lecture 1 - Ian Greene’s reading on exam ** - ^ the limitations of the judges and why - Authors thesis: p. 82, not suited for constant intervention, but should intervene periodically - ^ argues for not suited: - ^ that the judges are not elected but appointed therefore should not have the power to decide what to enact and not enact - ^ also argues that judges have their own personal bias - ^ lack of expertise or skills - ^ the timeliness of courts - ^ rely on external information - Argues for periodic intervention: - ^ Should be asked to do so and have the capacity to do so - ^ argues judges are a product of democracy (because the prime minister, who was elected by the public, should have the power to elect judges, therefore product of democracy) - Obey the law to have an anarchy (order) - Idea that if you remove laws, you’re human nature will take place (to survive you will kill, etc) - Assumption that someone is watching you, fear of getting caught and being punished (reason why we follow the rules) – out of fear/consequences - Rule by consent – may not be a capitalist, but has idea to be a capitalist (desire to fulfill your dreams/values) - Culture – the way people live their lives, therefore your way of life - Everyone looks at things at a consumerist culture (paying consumer) What is law? - Law is a set of rules intended to govern behavior - ^ that is the objective of the law, and make you behave in a particular way - Laws must meet the standards and requirements of people (like for religion, must coincide with religion) - Cannot separate laws from the nature of the state - Every institution comes up with laws to maintain the power of the states - ^ laws not there to overthrow the state - Regardless of whether laws are good or bad, it’ s just there to govern behavior - To govern behavior to be legitimate or non-legitimate - ^ legitimate – born into these laws, the structure influence us to behave in a particular way & most of us come here freely to live in Canada (choice) - Either consciously or birth accept that these laws govern your behavior (our responsibility to maintain the state, eg: if we go to war, we must go to war to maintain order) - What makes law legitimate: constitution, described by the state, democracy (at least in theory, is democracy) - ^ power to change the laws by electing different gov’t and representatives and elect the desired government - The Canadian constitution is democratically made and have the power to change it * - The moment Canada deviates from the laws, it loses their legitimacy Sources of law - There are main sources and secondary sources of law - Main sources in Canada: Canadian constitution (has 2 parts, one part is written, and one part not written {the unwritten part of conventions}) – the BNA act 1982, when Canada gained its full independence from Britain - ^ and the Charter of rights and freedom - ^ the emending form of laws help us change or modify our constitution (because before we couldn’t do that, only Britain had the power) - ^ conventions, that Britain does not have written, only convention (no formal written laws), therefore Canada inherited conventions - Canadian constitution - ^ the statute of law (created by legislatures) - ^ the case laws: laws created by judges - informal sources as well, inspired by laws created by statues and laws created by judges, known as the 10 commandments, the magna carta – the paper for the first time imposed some restrictions from the King of Britain and made habis corpose - ^ inspired by Roman laws as well and canon law (laws practiced in Catholic church – mainly religious) –all are informal - Also draw on community standards – law these days are sensitive because they want to avoid discrimination - Sources of law are varied, has formal, informal etc A Duel Legal System? - US has a federal system of government, Canada is also federal and provincial - Both US and Canada follow the democratic system, common law - Differences: Canada is integrated system (are not very c
More Less

Related notes for PPAS 2200

Log In


Join OneClass

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

Sign up

Join to view


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.