PSCI100 Lecture : Class 4 - Political Theory and Wrongful Convictions.docx

• School: University of Waterloo
• Department: Political Science
• Course: PSCI100
• Professor: John Jaworsky

Document Summary

Oakes test (or proportionality test ) (to determine if legislation should be struck down and declared invalid) To establish that a limit/infringement of a right or freedom is justified under a piece of legislation, two main criteria must be met: 1. The objective of the limiting measures must be. Sufficiently important (must relate to concerns that are pressing and substantial ): the government must show that the means/way chosen to effect this limit are reasonable and demonstrably justified (involves a form of proportionality test ). Political theories: help us understand patterns of legal decisions, i. e. , help understand how power, social inequality and social change play roles in decision- making. Six key theoretical frameworks (that have influenced law: liberal political theory (i. e. , like libertarian view john stuart mill) Individuals free to pursue activities unless so harmful to others that they must be prohibited or regulated (i. e. , self-protection) State"s main duty to preserve - individual freedoms: conservative political theory (like authoritarian view)