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SOSC 2350- Final Exam Guide - Comprehensive Notes for the exam ( 37 pages long!)


Department
Social Science
Course Code
SOSC 2350
Professor
Amelie Barras
Study Guide
Final

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York
SOSC 2350
Final EXAM
STUDY GUIDE

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Rule of Law
Rule of Law is analogous to the notion of “good” : everyone is for it,
but have contrasting convictions about what it is.
“There are almost as many conceptions of the rule of law as there
are people defending it(Taiwo, 1999)
General idea behind the rule of law is that: every citizen is subject
to the law including law makers themselves
Authority and influence of law in society […]; (hence) the principle
whereby all members of society (including those in government)
are considered equally subject to publicly disclosed legal codes and
processes
Check and balances:
Executive
o Formal Head of State (Governor General of Canada)
o Political head of government (Prime minister/Premier)
PM cabinet
o vote of non-confidence
o minority or majority government
o parliament votes on bills
Legislative
Parliament (Senate and House of Commons)
Legislative Assemblies/National Assembly (Quebec)
Executive is responsible to the legislature
-even if law passed the legislature the supreme court still has the final
say in whether a bill becomes law
Judiciary
Not responsible to either it is separated from the two other
branches.
-propose change to bills
-if legislation is to be passed, must go through the legislature and
reading process, before it becomes law
independent form of government- helps to ensure the judiciary and
parliament are not above the law
Check & Balances:
Judicial Review- check bills with regard to the constitution,
according to the division of power, federal and provincial- class on
constitution
In the Canadian system the courts have the ability to review the
legislation made by Parliament and the provincial legislatures.
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They can determine the constitutionality of legislations.
Federalism grounds (i.e. division of power)
Charter Grounds
This means that courts act as a kind of umpire between the
provinces, the Federal Government, and the citizens.
Theory- origin of separation of power, where does it come from?
Rules of Law and Hobbes- became interested in why people allow
themselves to be ruled- at the time there were absolute rulers. So
why do people have these rulers who have absolute power?
-only the sovereign is absolute and has the ultimate authority
-Leviathan (1651) no power on earth that compares to him (the
sovereign)
-a ruler is only a ruler if he has absolute power (cover of the
leviathan); ruler over the church and any other power; people
surrender to the sovereign; also the sovereign secular power- no
separation of power
-social contract- In Canada that is the constitution
-Hobbes is the first person to speak of the social contract theory-
people give their rights in exchange for protection from chaos
-without ultimate authority everyone will do what they want to- he
has a very negative vision of men, says they are selfish, go after
their own desires; everyone for themselves
-In such condition there will be no culture
Human beings are inclined towards disorder, rivalry discord and
chaos.
State of nature: “war of all against all”, “man is a wolf for man”:
In such condition, there is no place for industry; because the fruit
thereof is uncertain: and consequently no culture of the earth; no
navigation, nor use of the commodities that may be imported by
sea; no commodious building; no instruments of moving, and
removing, such things as require much force; no knowledge of the
face of the earth; no account of time; no arts; no letters; no
society; and which is worst of all, continual fear, and danger of
violent death; and the life of man, solitary, poor, nasty, brutish,
and short.
Under the social contract, all individuals cede their natural rights for
the sake of protection
Order and civility are the effect of subjection to the sovereign
The only right an individual retains post-contract is to resist the
sovereign if they are threatened by death.
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