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ADMS 2610 (94)
Chapter 1

Chapter 1 Questions and Answer Key-1.pdf

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Department
Administrative Studies
Course
ADMS 2610
Professor
Robert Levine
Semester
Winter

Description
REVIEW QUESTIONS 1. What impact does the Canadian Charter ofRights and Freedoms have on rights and freedoms not mentionedspecifically in the Charter? Could these "other rights and freedoms" be curtailed or extinguished by governments? Answer: The Charter recognizes the existence of other rightsand permits them to continue except where they conflict with Charter rights and freedoms. Rights outside the Charter do not have Charter protection, and may be abolished or encroached upon bygovernments. 2. What is the difference between a "right" and a "privilege"? Answer: A right is an act that may be done withimpunity and with the support and recognition of the state. The 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 pleasure of the state. 3. Why are "rights" and "duties" often considered together when one thinks of laws? Answer: Because "rights" often permit a personto do something that interferes with others, laws generally include obligations orduties on the personpossessing a right to exercise the right in a particular way tominimize interference with others. Laws may also include duties on those affected by the exercise of a 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 generally characterized by having a great many laws or statutes to control the activities of thecitizenry." Comment on the validity of this statement. Answer: This is a valid observation. Advancedcivilizations are characterized by persons engaged in activities which involve a great deal of social contact and interaction. Historically, they have also involved many people living in close proximity to each other (in cities). Each type ofsocial interaction usually requires some legislative control, hence, the more interaction, the more laws 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 freedoms may be restricted under s. 1 if the restriction can be shown to "be demonstrablyjustified in a free and democratic society." Rights and freedoms may be "temporarily" overridden by the "notwithstanding" clause (s. 33) as well. 7. Why is the doctrine of stare decisis an important part of the Common Law system? Answer: The doctrine of stare decisis is the theory of precedent. Judges are expected to apply previous decisions to similar cases which come 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 predict how 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 principles of equity were originally principles or rules which the King applied in settling disputes which did not fall within the jurisdiction of the common law courts. Later, the King's Court (Chancery)used the same and other principles in order to provide fair and just results. At present, the courts may apply both common law and equity, but where conflict exists, equity prevails. Equity differs from statute law in the sense that statute laws are written or codified laws,whereas the principles of equity are found in the recorded judgments of the courts. 9. How does a legislature establish a new 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 is made (and passed) to have the bill 'read' a first time. c. The bill is then printed and circulated to the members to study. d. The bill is later brought forward for debate (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 Committee, the bill is reported in final form by the Chair of the Committee for a third reading. © 2009 Copyright by McGraw-Hill Ryerson Limited 1-6 g. The bill is then debated for a final time byway 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 House of Commons and Senate (or a provincial legislature) it goes to the Governor-General (or Lieutenant-Governor, if provincial) for royal assent. j. The bill becomes a law on receipt of royal assent, and effective as a law when proclaimed in force. 10. Define substantive law, and explainhow it differs from procedural law. Answer: Substantive law - law which sets out the rightsand duties of individuals and corporations. Procedural law- law which set out the procedure whereby substantive laws are enforced. 11. Describe the difference between the Common Law and the Civil Code of the Province of Quebec. What are the relative merits of each system? Answer: Common Law consists of therecorded judgment of the courts. 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 statute amendment and kept up to date by the legislature if change is warranted. Merits of Common Law: flexible, as judges may change it through interpretation, or by distinguishing the case at hand from the precedent. Adaptable to changing social attitudes. 12. "The supremacy of the state wasreached when it managed to exercise a sufficient degree of control over the individual to compel him or her to use the state judicial system rather than vengeance to settle differences with others." Why was it necessary for the state to require this of the individual? Answer: When the state lacked the power to control its citizens, individuals used their own means to resolve disputes, as it was the only methodwhereby a person could obtain redress. Vengeance, however, often disrupted the entirecommunity, and affected others not involved in the dispute. Once the state had the power to compel citizensto obey its decrees, it could substitute orderly procedures for settlement which caused less disruption to 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 statute is a rule that is made toenable an administrative tribunal to carry out duties assigned to it under a statute. Regulations govern the activities of administrative agencies or boards, and are often administeredby them. Regulations are subordinate to statutes, but in application,have much the same effect on persons who engage in activities subject to the regulations. 14. Explain how the enforcement of
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