Political Science 1020E Lecture : Constitutions And The Law.pdf
25 Apr 2013
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Study of laws > politics - aristotle codifying constitutions. Limit on powers of governing of government otficials. Modern liberal democracies = rule of law >"government of laws" - Like cases = like decisions - ensure equality, similarity. Stare decisis - past decisions by courts of equal or higher jurisdiction bind/limit lower court ruling - rule of law, reliability/predictability, hierarchy of courts. Judges make decisions based on principle of law - law is parameter for decisions. Judges determine the facts of cases & apply relevant laws. "judge-applied law" : government space, administration - enforcement. Limit state power over citizens > right - lndividual, group, governments. Circumstances resulting in charge of governing structures and institutions - lndependence, democratization. Usually seek to limit power of rulers - limit authority, esp. Specify powers of all institutions & levels - power up. Limit of government powers - ln relation to citizens & other levels. Through tradition/practice, some codified - conventions: historical practices which become rulevnorms.
