poli101_key_terms-1.pdf

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Department
Political Science
Course
POLI 101
Professor
Gerald Baier
Semester
Fall

Description
Key Terms ▯▯▯▯ ▯▯▯ ▯ ▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯▯▯▯▯ ▯▯▯▯ ▯ ▯▯ ▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯▯▯▯ ▯▯ ▯▯▯▯ ▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯▯ ▯ ▯▯▯▯▯ ▯▯▯ ▯▯▯▯▯▯▯▯▯▯ ▯▯▯▯▯▯ ▯ ▯▯ ▯▯▯ ▯▯▯ ▯▯ ▯▯ ▯ Regime: The institutions of a country, and the inner logic that ties them together as a whole ▯ Kingship: According to Aristotle, it is rule by one for the common good ▯ Tyranny: According to Aristotle, it is rule by one for self-interest ▯ Aristocracy: According to Aristotle, it is rule by the few (by the best) for the common good ▯ Oligarchy: According to Aristotle, it is rule by the few for self-interest ▯ Polity: According to Aristotle, it is rule by the many for the common good – although according to Aristotle, this does not exist ▯ Democracy: According to Aristotle, it is rule by the many for self-interest ▯ Tyranny of the majority: When the will of the majority is expressed, but does not take into account the rights or liberties of the minority, or when it oppresses or just simply ignores the will of minorities. It is unjust. The term was coined by Alexis de Tocqueville. ▯ “Regime principles”: According to Malcolmson and Myers, there are two – equality and liberty ▯ Equality: A political (not social or economic)principle. It grants political power to all (adult- aged) citizens equally. ▯ Liberty: Idea that there is a sphere of human thought and action that is private, and that within that private sphere, all individuals have the right to make choices for themselves (8) ▯ Direct democracy: Where all citizens directly involved in decision-making (NB: explain to students “citizens” in Ancient Greece) (6) ▯ Parliamentary democracy: A more limited form of democracy, and example of representative democracy (6) ▯ Responsible government: most indirect of indirect democracies (7) ▯ Representative democracy: An indirect form of democracy. Instead of managing political decisions themselves, equal citizens delegate decision-making responsibilities to a small group of elected representatives. Two justifications: ▯ Practicality: modern democracies are simply too large for direct rule ▯ Aristocratic principle: the best will be selected for the job (prevent mob rule) (6) ▯ Republican: A regime in which fill and final authority is placed in the hands of the people’s elected representative (note Canada’s rejection) (7) ▯ Private sphere: ▯ Liberalism: We are free to do whatever we like provided that there is no law prohibiting us from doing so (8) ▯ Natural rights: One of the two philosophical foundations providing the basis for the principle of liberty. Every individual possesses certain rights, simply because they are human beings. They are inalienable and universal. (8) ▯ Utilitarianism: The importance of liberty derives from its usefulness to promote human happiness (JS Mill) ▯ Harm principle: Governments should not interfere in the behaviour of citizens so long as those individuals are doing no harm to others (9) ▯ Rule of law: Law and order, that the government is not above the law, that the law is applied equally and impartially, and that every action taken by the government must be grounded in some legal authority ▯ Constitutionalism: The idea that the regime itself must be ordered in accordance with agree- upon rules that will be supreme. ▯ ▯ Three general principles enjoyed by citizens of liberal democracies: ▯ 1. Protection of the private sphere ▯ 2. Respect for minority rights ▯ 3. The rule of law ▯ ▯▯▯▯▯ ▯▯▯ ▯▯▯▯▯▯▯ ▯▯▯▯▯ ▯▯▯▯▯▯▯ ▯ Constitution: A set of rules that authoritatively establishes both the structure and the fundamental principles of the political regime. It “constitutes” the regime by performing four major functions. ▯ Four major functions of a constitution: ▯ (1) What person(s) will exercise the various forms of political authority (three distinct types of political authority) (13). ▯ (2) To provide an authoritative division of power between national and regional governments in federal countries (14). ▯ (3) To delineate the limits of governmental power. The very existence of a constitution is in some sense a limitation on the power of government. The idea of constitutionalism implies that the constitution is supreme and that the government is subordinate to it (15). ▯ (4) To provide an orderly way to make changes to the constitution. ▯ Legislative power: the power to make law or policy ▯ Executive power: the power to “execute” or administer that law or policy (i.e., the power to establish or maintain a police force) ▯ Judicial power: the power to settle questions about specific violations of the law, and to choose a suitable punishment from among those permitted in the relevant legislation for those found guilty ▯ Residual power: The power to make laws regarding any issues that are not explicitly listed ▯ Conventions: political rules. Typically followed because one fears the political consequences of breaking the rule. They are unwritten. Rules enforced by politics. ▯ Laws: legal rules. Written down, enforced, and followed because one fears the legal consequences. Rules enforced by courts. ▯ Organic statute:Originates as an act of the authoritative legislative body (called “organic” to distinguish it from non-constitutional statutes) ▯ Why organic statues over conventions?: (i) Details of rules may be too complex to simply leave to convention, (ii) Provide more effective means of introducing substantive innovation to the existing constitutional order ▯ Constitutional laws:Differ from organic statutes in two important respects – (i) Constitutional laws tend to be more comprehensive: comprehensive codifications of all [or most] of a country’s constitutional rules. (ii) Status or authority: authority of an organic statute stems from fact that it reflects the will of the body that exercises legislative authority (authority is somewhat precarious, because body that enshrined it can revoke it) ▯ Constitutional convention: A constitutional rule based on implicit political agreement and enforced in the political arena rather than by the courts. An unwritten agreement, accepted as binding by everyone, and sanctioned by the force of tradition. The point to any convention is its rationale – time may strengthen its hold, but legitimacy rests on belief that there is good reason for such rules. Enforced not by courts, but by voters. ▯ Entrenchment:Some political principles are so fundamental citizens will want to ensure that there government will never be able to violate them legally. To ensure inviolability of such principles they are “entrenched” – written into the text of a constitutional law. ▯ ▯ CA 1867: served to create a union of three British colonies into a new political entity called the “Dominion of Canada.” Consists of a preamble and 11 “parts.” ▯ Part I: Preliminary matters ▯ Part II: basic points about union of the provinces ▯ Part III and IV: sketches fundamental outlines of executive and legislative powers of the federal government; Part V: deals with “provincial constitutions” ▯ Part VI: division of powers (Section 91 feds, Section 92 provinces) ▯ Part VII: Some fundamental rules about the judiciary (no mention of Supreme Court, but s. 101 gives feds rights to create “A General Court of Appeal for Canada” – in 1871 supreme court created in The Supreme Court of Canada Act – example of an organic statute) ▯ Part VIII: establishes provisions governing the financial details of Confederation ▯ Part IX: miscellaneous provisions, including s. 133 on the use of French and English languages ▯ Part X: committed feds to immediate construction of railway between Quebec and Halifax, became obsolete upon completion, and was repealed in 1893 ▯ Part XI: establishes two procedures for the admission of new provinces. Existing colonies may only be admitted if it receives a request both by the colony and the federal government. Federal government may create provinces itself – i.e., like it did with Rupert’s Land, when it founded the provinces of Alberta, Saskatchewan, and Manitoba (the act of creating a new province is an “organic statute”) ▯ CA 1982: CA 1867 is perhaps the only constitutional law in history to not contain a comprehensive amending formula. Needed to fix this. CA 1982 has seven parts ▯ Part I: The Charter ▯ Part II: constitutional declaration of rights of Aboriginal peoples ▯ Part III: entrenches practice of equalization payments ▯ Part IV: commits feds, provinces, and territories to hold conference on constitutional issues pertaining to Aboriginals ▯ Part V: amending procedure ▯ Part VI: amendment to s. 92, giving more strength to provinces in areas of energy, forestry, and non-renewable resources ▯ Part VII: Miscellaneous provisions, including S. 52, which gives a legal definition of the Constitution of Canada and proclaims in no uncertain terms its status as Canada’s “supreme law” ▯ Preamble: Noteworthy feature: Canada is to have “a Constitution similar to that in Principle to that of the United Kingdom.” ▯ Patriate: “Bring to the fatherland” ▯ Constitutional Amendments: Part V of the CA 1982. Five distinct formulas for five distinct situations ▯ General procedure (S. 38-40; 42) ▯ Unanimous agreement (S. 41) ▯ Some provinces (S. 43) ▯ Parliament (S. 44) ▯ One province (s. 45) ▯ Veto: block. i.e., sec 38 is so stringent so as to prevent one province from vetoing a proposed amendment but also makes sure majority support ▯ ▯ Judicial review: The judiciary’s task of defining and applying the terms the Constitution’s terms ▯ Constitutional politics since 1982: ▯ Meech Lake: Mulroney, to give QB “distinct status.” Most premiers on board, but defeated in a number of provincial legislatures. Nothing for women, Aboriginals, or Westerners. Killed in 1990. ▯ Charlottetown Accord: QB distinct status, Meech Lake amending formula, limits on fed spending in provincial jurisdictions, commitment to Aboriginal self-government, new Senate (for Westerners, maybe for women), and a “Canada clause.” Complaints that process had been “undemocratic” call for referendum – killed in 1992. ▯ Clarity Act: ▯ Main elements of Canada’s Constitutional Laws: CA 1867 CA 1982 Executive Power Charter of Rights and Freedoms Legislative Power Aboriginal Rights Provincial constitutions Equalization and Regional Disparities Federal division of powers Amending formulas Judicial powers Definition of the Canadian Constitution
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