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ADMS 2610 (76)
Chapter 1

Chapter 1 Questions and Answer Key.pdf

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Department
Administrative Studies
Course
ADMS 2610
Professor
Andrea Podhorsky
Semester
Fall

Description
REVIEW QUESTIONS 1. What impact does the Canadian Charter of Rights and Freedomshave on rights and freedoms not mentionedspecifically in the Charter?Could these "other rights and freedoms" be curtailed or extinguished by governments? Answer: The Charter recogni zes the existence of other rightsand permits themto continue except where they conflict with Charter rights and freedoms.Rights outsidethe Charter do not have Charter protection,and may be abolished or encr oached upon bygovernments. 2. What is the difference between a "right" and a "privilege"? Answer: A rightis an act that may be done withimpunity and with the support and recognition of the state. Te state recognizes a right as something which neither it nor others may deny. A privilege is something which the state allows or permits under specific circumstances at the plasure of the state. 3. Why are "rights" and "duties" often consie dred together whenone thinks of laws? Answer: Because "rights" often permit a person to do something thatinterferes with others, laws generally include obligations od ruties on the personpossessing a right to exercise the right in a particular way to minimize interference with others. Laws may also include duties on those affcted by the exercise ofa right to permit theright to be exercised. 4. Could a society exist withoutlaws? If not, why not? Answer: A complex society certainly could notexist without laws,as some means of regulating the activities ofpeople would be necessary to maintain order.Even in a primitive society, rules regulating fairness in vengeance matters were necessary. 5. "Advanced civilizations are gene rally characterized by having a great many laws or statutes to control the activities of thecitizenry." Commenton the validity ofthis statement. Answer: This is a valid observation. Advancedcivilizations are characterized by persons engaged in activities which involve a great deal of soil contact andinteraction. Historically, they have also involved many peolpe living in close proximity to each other (in cities). Each type ofsocial interaction usually requires me legislative control, hence, the more interaction, the more lws that are required. © 2009 Copyright by McGraw-Hill Ryerson Limited 1-5 6. On what basis are Charterfundamental rights and freedoms open to restriction by Parliament or the provincial legislatures? Answer: Fundamental rights and freedo ms may be restricted unders. 1 if the restriction can be shown to "be demonstrablyjustified in a free and de mocratic society." Rights and freedoms may be "temporarily" overridden by te h"notwithstanding" clause (s. 33) as well. 7. Why is the doctrine ofstare decisisan important part of the Common Law system? Answer: The doctrine ofstare decisisis the theory of precedent.Judges are expected to apply previous decisions to similar cases whih ccome before them in order to maintain a degree of consistency in the law.By following this doctrine,the law is not only consistent, but others can predicthow the law may be applied in similar. 8. How does the Common Law differ from the principles ofequity? From statute law? Answer: Common Law and equity have differentroots. The common law was the product of the common law courts. The prin ciples of equity were originally principles or rules which the King applied in settlig disputes which did not fall wtihin the jurisdiction of the common law courts. Later, the King's Court (Chancery) used the same and othe r principles in order to provide fair and just results. At prese, the courts may apply both common law and equity, but where conflict exists, equity prevalis. Equity differs fromstatute law in the sense that statute laws are written or codified laws, hereas the principles of equity are found in the recorded judgments of the courts. 9. How does a legislature establish anew law? Explain the procedure. Answer: The usual process is as follows: a. A bill (essentially a proposed law) is presented to alegislative body (Parliament or provincial legislature). b. A motion ismade (and passed)to have the bill 'read' a first time. c. The bill is then printed and circualted to the members to study. d. The bill is later brought forward for dbeate (second reading) in principle. e. If the bill passes the secondreading stage, it is sent toa Committee for study and amendment on a clauseby clause basis. f. Once passed by the Comm ittee, the bill is rrted in final form by the Chair of the Committee for athird reading. © 2009 Copyright by McGraw-Hill Ryerson Limited 1-6 g. The bill is then debated for a final time by way of a motion to have the bill read a third time. h. If passed by a majority vote,the bill at the federal levelgoes to the Senate where a similar process is followed. i. Once a bill has been passed by the Ho use of Commons and Senate (or a provincial legislature) it goes to the Goernor-General (or Lieutenant-Governor, if provincial) for royal assent. j. The bill becomes a law on receipt of roylaassent, and effective as a law when procrli.med 10. Define substantive law, and explainhow it differs fromprocedural law. Answer: Substantive law - la w which sets out the rightsand duties of individuals and corporations. Procedural law- law which set out the proce dure whereby substantive laws are enforced. 11. Describe the difference betweenthe Common Law andthe Civil Code ofthe Province of Quebec. What are the relativ e merits of each system? Answer: Common Law consists of therecorded judgment of the c ourts. The civil code is a written body of law. Merits of civil code : laws are written down an d may be consulted to determine what the law is. The law can be changed by stau tte amendment and kept up to date by the legislature if change is warranted.Merits of Common Law: flexible, as judges may change it through in terpretation, or by distinguishig the case athand from the precedent. Adaptable to ch anging social attitudes. 12. "The supremacy of the state wasreached when it managed to exec rise a sufficient degree of control over the individual to compel him or her to use the staet judicial system rather than vengeance to settle differences with others."Why was it necessary fo r the state to require this of the individual? Answer: When the state lacked the power to contrl oits citizens, individuals used their own means to resolve disputes, as itwas the only methodwhereby a person could obtain redress. Vengeance, however, often disrupted the entire community, and affected others not involved in the dispute. Once the statehad the power to compel citizensto obey its decrees, it could substitute orderly procedures for settlement which caus ed less disruptionto the community than vengeance. 13. How does a "regulation"made under a statute differ from other "laws"? © 2009 Copyright by McGraw-Hill Ryerson Limited 1-7 Answer: A regulation under a statuteis a rule that is made toenable an administrative tribunal to carry out dties assigned to it undera statute. Regulations govern the activities of administrative agencies or bo ards, and are often administeredby them. Regulations are subordinate to statutes, but in application, ave much the same effect on persons who engage in activitiessubject to the regulations. 14. Explain how the enforcement ofa pub
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