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SOSC2350 Sept 18.doc

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Social Science
SOSC 2350
Tanja Juric

SOSC2350 Law's Organization and Law Making How does policy become law? 3 stages: Cabinet stage Parliamentary stage Coming into force stage Cabinet 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 legislation 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 report 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 languages 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 Parliamentary stage Introduced , read, and assigned a number Second reading it is debated Committee consideration 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 Rationalistic Functionalist Conflict perspective "moral enterpreneur" theory Rationalistic Rational means for protecting the member of society from social harm Criminal law Simplistic theory who gets to define what is harmful? Is it a rational approach or highly invested approach? Functionalist 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 Conflict perspective 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 Increas
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