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Political Science
POLI 100
Christopher Erickson

CHAPTER 8 REVIEW ● european state model vs. indigenous governance models in Canada Indigenous governance model -in the Indigenous model there is no separation between society state - rely on the participation of the community -There is no coercive authority -can only be practised small scale -Respect for individual autonomy European state model - Formal legal adjudication - Rulemaking exclusively done by Political figures - Law-boundedness – laws were codified and published in order to limit arbitrary power - Deemed the “western model” ● 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 - Positivists – what is not created or recognized as law by the state is not law • Rule of law the principle of everyone in a society whether ruler minister or ordinary citizen is expected to obey the law everyone is equal before it ● 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 Awritten constitution makes legitimate patterns of political behaviour both more transparent and more regularized ● definition of a constitution anthony king’s The body of principles governing relations between a state and its population, including the understandings that are involved. In most countries these principles are codified in a single document. ● Fuller’s 8 requirements for just laws 1) rules
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