POLI 100 Study Guide - Legal Positivism, Consociationalism, Proportional Representation

• School: UBC
• Department: Political Science
• Course: POLI 100
• Professor: Christopher Erickson

Document Summary

European state model vs. indigenous governance models in canada. In the indigenous model there is no separation between society state. Rely on the participation of the community. Law-boundedness laws were codified and published in order to limit arbitrary power. Legal positivism and legitimacy of the state (secularism, rule of law etc) Legal positivism means that the law is what the state says it is. Legitimacy of binding rules for society depends on approval of the legislature. Legal positivism is perhaps best exemplified in the principle of secularism embraced by france and turkey. Monist - one internally coherent legal system. Statist the state has a monopoly of law within its territory. Role of a constitution in state formation/presevation etc governing ruled ruling relation. It was an idea to help the legal system prevent the abuse of power of the ruler over the ruled. A written constitution makes legitimate patterns of political behaviour both more transparent and more regularized.