READ THE POWERPOINT
Tuesday September 17, 2013
How does Policy Become Law
- 3 distinct stages
- the Cabinet Stage (Power Point)
-policy may originate in
- throne speech, the Budget
- Int’l of federal/ provincial agreements
- Ministerial Proposals agreements
- the Parliamentary stage
- Introduction and First reading
- Second Reading : Debated and tested as to whether it is significant
- Committee consideration
- Report Stage
- Third Reading : Bill is debated the for the final time (long youtube clip
- Passage and Royal Assent
- Coming Into Force Stage
- a bill becomes an act when it receives Royal Assent
- Laws coming into force in several ways
- when they receive royal assent
- on a day specified in the Act
Perspectives on Law Making
- Why do we have law?
- Models of Lawmaking
- Law is a rational means for protecting members of society from social
- the law is absolute and just because a rational being created them
- a simplistic theory
- we want the law to be rational, logical and inherently just to all citizen
- but human beings are complex creation so this is not realistic.
- who gets to define what is “harmful” ?
- Laws are “institutionalized custom”
- we have always done it this way, therefore lets continue to do
it this way
- this is how society has functioned, therefore we should keep it
- “Law should function this way”
- law are passed because they represent the vioce of the people - the voice of the people are not necessarily the majority, it may
simply be the majority of people in the House of Commons.
- Customs : Norms or rules about the ways in which people
must behave is social institutions are to perform their functions and
society it to endure
- Conflict Perspective
- origins of law are traced to the emergence of an elite class
- laws, as a social control mechanism, perpetuate the advantageous
positions of the elites.
- reflect the values of the elite class
- law maintains unequal social and economic divisions
- Moral Entrepreneur Theory
- Law is a means to create or maintain a particular “moral” constitution
of a society.
- is law moral or ideological?
- Ideology : belief system on how we see the world ex. religious
- Law as a means of stamping ideology with “legitimacy” and
- anti-miscegenation : law against mixed race marriage and producing
- the argument to maintain these laws was to maintain racial
- you’ll get a legislative response when …. (probability increases)
- powerful interest groups mobilize for legislative action
- Public intensely concerned with an issue
- There is no pressure to maintain the status quo or opposition to proposed
- Where does the law come from?
- law made by legislative bodies, most obviously the Parliament of Canada
and the Provincial Legislatures
- this is statute law :
- Public and Private Pressure