Midterm Review - PPAS 2200.doc

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Department
Public Policy and Administration Studies
Course
PPAS 2200
Professor
Khooyashar
Semester
Summer

Description
Midterm ReviewPPAS 2200Part A Essay Questions1 Why are rights necessary for democracy to work and are rights and freedoms almost useless without the power to exercise themMan is born free but everywhere he is in chains Rousseau Man is born free into the world not having to follow any laws but once he is born there are laws and rights that are given and need to be followed Rights are socially constructedWe need the power to exercise them because we need to be free from chains As human beings we have consciousness and will powerWe become the prisoners of the state because there are rules to follow You need to be empowered to be able to exercise your rights The state has to be involved in promoting positive things You have to fight for rights they are earned not given2Peter Russell The SCC has become the final arbiter not only of the division of power between governments but also of the line between powers of both levels of government and the rights and freedom of citizens What does he mean by thisExplanation The SCC has become the final stage to settle a dispute and has the highest authority above all for the division between governments and the line between powers of both levels of government The key is the role of the SCCSupreme Court of CanadaCourt for criminal and civil jurisdiction for all of CanadaFinal court of appeal3 judges in civil and 5 judges in criminalGovernor General appoints judgesBy saying this the SCC has extra judicial power Under the SCC we have the Federal Court and the 10 Provincial 3 Territorial Court of Appeal The SCC decides the amount of power each level of government get and holds the highest position above all The SCC also controls the Rights and Freedoms of the citizens as its current reform proposal is establishing it in the constitutionIn conclusion he means that the SCC has jurisdiction above all levels of government and its citizens 3 Compare and contrast three schools of jurisprudence and discuss which one is best suited to deal with legal casesJudicial positivism the only law that exists is the written lawLaws are to establish stability maintain orderCommon law important for the judges to know the law and prior casesNo room for ethics morality and justice Rights related to historyThe law is simply the sovereign authority of the stateVery important for judges to know the precedent to make decisionsAs long as the judges know the law their decision is goodNatural law there are higher laws Originates from god or natureOnly discoverable by the use of reason Positivists are behaviouristsPresumption there is a certain justice that everyone must simply knowPurpose achieve a kind of justiceJudicial realism the law as practicedNeither focus on higher law divine law or written lawLaw in practice will tell us about law Comprised of certain rules that intended to meet the needs of society socially constructedMore practical opposed to writtenBehaviour of legal officials rather than a body of legal rulesNormative jurisprudence what is the good or purpose of lawInterested in the outcome of law the purpose of lawRelation between law and justiceStabilize but justice morality etc 4 Critically discuss the treatment of aboriginal people by the Canadian stateIn Citizens Plus Aboriginal people and the Canadian state Alan Cairns captures the ambivalence of the state towards the first people On one side Canadian governments have introduced policies that are meant to better the lot of the First Nations Inuit and Mtis While on the other side they have accepted the idea of aboriginal people as different or even as nations The consequence of this is legislation passed for the aboriginal peoples
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