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Politics Semester 2 Exam Review.docx

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Department
Political Studies
Course
POLS 110
Professor
Jonathan W Rose
Semester
Winter

Description
Governance vs. Governed:  Governance: o Universal concept o Exercise of power and decision making for the community (legitimate)  Governed: o NOT a universal concept o Institutions created to undertake the process of governance  Example: Brazilian Favelas Characteristics of a State:  Highly institutionalized  Rules are codified  Monopoly on the use of power  Division of classes and labour  Separation of government and the governed Functions of the State:  Defines the community o Draws boundaries and defines who is a citizen  Conducts relations with others  Maintains order o Enforces rules o Reproduces itself  Economic redistribution Supreme Political Authority  Needed for a state to perform its functions (can’t do by power alone)  Universal tendency to associate name and identity to supreme political authority o E.g. Nswt (name for Pharaoh), Oba, Pontifex, Maximux, Consul, President  Locus of supreme political authority located in particular institution or individual  Not well articulated until making of the Modern State What is Sovereignty?  Supreme and legally unbound power over citizens and subject people (Jean Bodin 1567)  Sovereignty is NOT: o Independence: the ability to make decisions indigenously o Autonomy: the ability to make decisions as one pleases o Independent and Autonomous but not Sovereign:  Carthage (600BCE)  Franckreich (772CE)  Athenian Empire (430BCE)  T’ang Dynasty (900CE)  Rome (77BCE)  Iwi (Maori) (1400CE)  Grew from contradictions of how political authority was organized in Europe  Idea was conceived during domestic wars, put in place during 30 years war o From Defenestration of Prague (May 1618) to the Peace of Westphalia (Oct 1648) o Institutionalized the idea that rulers should be supreme in their own domain From Feudal to the Modern State  Religious: huge power of pope  Protestantism  Economic: subsistence  emergence of trade, migration to cities  Military: gun powder allowed previously impregnable fortresses to be overpowered  Cosmological: ‘god over everything’  humanism Struggle for Sovereignty  Defenestration of Prague: Protestants pushed seven Catholic Lords out of a window  Thirty Years War: struggle between Holy Roman Empire and its German Protestant States  Peace of Westphalia: institutionalized Bodin’s idea o Recognized ‘sovereignty’ of princes in the Holy Roman Empire o Recognized ‘sovereignty’ of Switzerland and the Netherlands o Institutionalized the idea that rulers should be supreme in their own domain Theory of Sovereignty  Supreme political authority within a given territory is indivisible  All subject peoples are obligated to obey  Other sovereigns must recognize and respect your claim to sovereignty Reality of Sovereignty  Is actually divisible o Segmentation of sovereignty:  State is segmented but supreme political authority not divided  Unitary system:  One singular authority responsible for segmenting state  Ability to change or eliminate segments  Con-federal system:  Supreme political authority is held by the various segments who come together to form the central government  E.g. USA before the civil war  Federal system:  Supreme political authority divided by area and power  E.g. Canada  People do not always obey o E.g. uprisings, civil wars  Not all claims are respected o Contested territory (e.g. Kashmir, Jerusalem) o Extraterritoriality  Desire of one sovereign to extend its authority into the borders of other  E.g. Iraq war  Cuba vs. America vs. Canada  American embargo on Cuba  American “Trading with the Enemy Act” o Cannot buy Cuban products anywhere  Wal-Mart Cuban pajamas in Canada  Canada’s Extraterritorial Act o Cannot obey foreign laws in Canada 2 Federalism: supreme political authority divided by area and power Assumptions of Federalism:  Each level is autonomous (immune form elimination)  Boundaries inviolable  Supreme political authority divided by both territory and function (power)  Necessity of base line of equality o Collective sharing in central rule-making by unequal units (population)  Each level must be able to act directly on the citizen  Necessity of (at least) two sets of courts o Need an adjudicating institution to resolve provincial disputes (Supreme Court)  Necessity of a procedure for amending the constitution  Citizens must be allowed to express loyalty to more than one level of government  Secession to be made difficult  All players in the system must be committed to power-sharing Attractions of Federalism  Allows for the consensual merging of independent units o E.g. colonies in America, Canada, India, etc.  Allows for the protection of local traditions o E.g. Quebec and language, Southern States and slavery  Allows for the maintenance of separate local/regional/national identities after the creation of a new political community o E.g. Canada and each unique province  Allows for governance to be more local and thus more sensitive to local conditions Dissolution, Expulsion, Secession  Dissolution: dismissal of an official body o E.g. Czechoslovakia (1993)  Czech Republic and Slovakia  Expulsion: forcing something out of a body o E.g. Malaysia expelled Singapore (1965)  Secession: withdrawing formally from membership of a federation or body o Peaceful:  Norway from Sweden (1905) o Resulted in War:  Confederate States of America  American Civil War (1861) – future of slavery was in doubt  Bangladesh from Pakistan (1971)  Reacted with supreme brutality to put down secession  Chechnya from Russia (1991) 3 Amending the Constitution  From 1867 to 1982 amended by British Parliament  Patriation in 1982 (transfer control from mother country to former dependency)  As of 1982, matters can only be amended by the 7/50 rule o Consent of the parliament and legislature of two thirds of the provinces (7), provided that those provinces account for 50% of the population o E.g. Strengthening of Aboriginal Rights (1983)  Concerns only federal government: require consent of parliament o E.g. Nunavut Representation (1999)  Concerns only on province: require consent of that province’s legislature and government o E.g. Confederation Bridge (P.E.I.) o E.g. Name (Newfoundland and Labrador) “Rule Functions” and Branches Rule Function Branch  Originally autocracy (all done by same person), Parliament* eventually separated into branches Making Legislative Congress  Divided sovereignty amongst these institutions o Parliamentary: fusion of powers Implementing Executive Prime Minister President o Presidential: very distinct Adjudication Judicial Supreme Court Parliamentary System Shaped by:  Foreign Conquest o Norman Conquest of England 1066  Moots (meetings) of the Anglo-Saxons  Witenagemot (100 nobles as advisors to the King)  Struggles against Absolutism o Magna Carta (1215): charter of liberty and political rights o First Parliamentsummoned by Edward I (1295)  Limited power of monarch to tax o English Civil War (1642-1651) o Charles I and Parliament  Eleven Years’ Tyranny (1629-1640)  Only used parliament for funds  Parliament was dissolved for a month then reconvened  Charles I executed in 1649, Commonwealth until 1660, restoration of Charles II  Assertion of parliamentary supremacy  This marks the end of domination of parliament by the monarch  Deemed the Glorious Revolution 1688  Bill of Rights 1689  Right not to have brutalized punishment on the governed  Parliamentary supremacy over the King 4 English/British Parliamentary System  Privy Council (the Crown’s private council/advisers) o Prior to 1688, not intimately linked to the crown o After 1688, advisers to the Crown had to have the confidence of the parliament  Emergence of the practice of choosing advisers as a group likely to support the Crown  Emergence of cabinet that fuses supreme political authority, linking executive and legislative The Executive The Crown  Executive authority lies with the Crown  All acts of state taken in the Crown’s name  Criminal prosecution taken in the Crown’s name  Crown owns land, corporations, intellectual property  Government employees serve the Crown  Crown exercises “Royal Prerogative”  The monarch acts on the advice of the Privy Council  Monarch appoints the Prime Minister (by tradition the leader of the group which has the confidence of the House of Commons) o Prime Minister appoints members of cabinet (delegated authority from the Crown) o Government departments operate on authority from the Crown Dividing the Crown  The Crown as ‘corporation sole’ o Office occupied by an individual and their successors, designated by a set of rules, permanent position o Elizabeth II has multiple corporation soles (each commonwealth realm)  Succession as a problem o In 2012, Britain changed the rules on primogeniture  No constitutional amendment in Canada  UK cannot make laws for Canada – Patriation 1982 Fusing and Separating Sovereignty: the UK  There is executive power and legislative power  Distinction between head of state and head of government o Not fused – Governor General is not the head of state  Prime Minister holds de facto political power o Many adaptations of the UK model of sovereignty o Bicameral System – Senate and House of Commons  Exemption: Quebec, abolished Upper House, independent of UK rule  Fusion of the head of State and Parliament o Both Prime Minister and Queen o Example of sovereignty
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