PPAS 2200 Lecture 1.doc

4 Pages
129 Views
Unlock Document

Department
Public Policy and Administration Studies
Course
PPAS 2200
Professor
Khashayar Hooshiyar
Semester
Winter

Description
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


OR

Join OneClass

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

Sign up

Join to view


OR

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.


Submit