Law's Organization and Law Making
How does policy become law?
Coming into force stage
May originate in:
Throne speech, the budget
International or federal/provincial agreements
Ministerial proposals & other sources
Sponsoring department prepares a Memorandum to Cabinet
Memorandum seeks policy approval and authorization for the Department of Justice to being drafting
Before completing Memorandum, sponsoring department hosts an interdepartmental consultation
Memorandum is revised accordingly
Submitted to appropriate Cabinet policy committee, which review the Memorandum and prepares a
For policy to proceed, cabinet must ratify as a whole
Once Cabinet approves Memorandum, legislative drafters of the Dept of Justice prepare a bill in both
Draft bill is reviewed and approved by the sponsoring minister...
Gov't house leader seeks house authority from cabinet to approve bill for intro into parliament
Bills usually introduced in house of commons rather than senate
Appears on the Notice Paper and then Order Paper where it will wait for into by appropriate minister
notice paper isnt required for bill into senate
Introduced , read, and assigned a number
Second reading it is debated
Report stage: passed by committee is considered by the house. Further amendment can be debated
Third reading: debated a final time
Passage and royal assent: if originated in house of commons, sent to senate
If originated in senate, presented for royal assent
Coming into force stage
Bill becomes act when it receives assent
Comes into force:
When it receives royal assent
On a day specified in the act
On a day set by governer in council (governer general, on advice of the federal cabinet)
Bills before parliament (2011)
House of commons website Dept of justice - acts
Perspectives on lawmaking
Why do we have/need law?
Sense of order, justice, safety
Do we need law?
Models of lawmaking
"moral enterpreneur" theory
Rational means for protecting the member of society from social harm
who gets to define what is harmful?
Is it a rational approach or highly invested approach?
How do laws emerge?
Laws are a reinstitutionalized custom
Law as a restatement of customs enforced by legal institutions
A crystillization of custom, of the existing normative orer
Laws are passed because they represent the voice of the people
A consensus perspective
Customs - norms or rules about the ways in which people must behave if social
institutions are to perform their functions and society is to endure
Origin of law is traced to the emergence of an elite class
Laws, as a social control mechanism, perpetuate the advantageous positions of the elites
Maintains unequal social an economic divisions
See chambliss article on vagrancy laws in england
Moral entrepreneur theory
Usually not moral at all but highly ideological
Laws as a means to create or maintain a particular moral constitution of a society
Law as a means of stamping ideology with "legitimacy" and "respectability"
Anti-miscegenenation laws in US; white womens labour laws and indian act in Canada
To maintain "racial purity" and to secure economic rights and interests with the ruling group
Probability of legislative response