DOCSLIB.ORG

Political Law Development

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Political Law Development MPA - 869 LAW IN THE PUBLIC SECTOR Summer 2020 Syllabus Updated to 31-1-2020 Lecturer: Gregory Tardi, B.A. (Hons.), B.C.L., LL.B., DJur. 1 COURSE DESCRIPTION The course on "Law in the Public Sector" is an adaptation specific to SPS students, of courses given in Canadian law schools dealing with "law and politics". The novel approach specifically intended for this course is based on the more thoroughly integrated concept of “political law”. In Democratic societies such as Canada, Ontario, the other provinces and territories, as well as in like-minded states, law is the fundamental and indispensable element of governance. In this context, the purpose of the course is to provide an interdisciplinary and comparative perspective on law in the structure of the state and in the processes of governing. The study of political law deals with public law in the context of its interaction with public administration and politics, as well as of its evolution through the constant three- way relations among the legislature, the executive and the courts. In complement to traditional courses on constitutional law that emphasize the rule of law, federalism and the protection of human rights, and those on administrative law which focus on judicial review, the essence of this study is on the role of law in the conduct of public affairs. Political law can be defined as the analysis of the role, of law in statecraft. The first aspect of this study is internal to the legal system. The range of constitutional / legal rules of governance should not be thought of as disparate, self-standing instruments. Rather, they constitute a distinct, comprehensive, cohesive and coherent domain of law, namely the law of public institutions and public administration. The second aspect of the study is interdisciplinary. As an instrument of modern Democratic governance, law functions in conjunction with public policy and administration, and with politics. Consequently, the constitutional / legal instruments are supplemented by other types of rules, namely policy instruments and political instruments. Each of these types of instruments is binding in its own way. Law, policy and politics are in constant interaction. Indeed, one of the features underlying governance is the constant struggle between legality and power. In addressing this dilemma of Democracy, the entire body of instruments should be viewed as the vehicles for Democratic governing, rather than merely as constraints on the use of power. The advent of the Charters of Rights in Canada and in several provinces has both intensified the linkages among the various types of instruments and blurred the distinctions among them, making their study as a unified body of rules both worthwhile and timely. This development has also increased the interaction, influence and the impact of law in and on the Democratic conduct of governing. This course is also an examination of the evolving body of principles, binding rules and practices dealing with the degree of mutual effects among law, public administration and politics. It is also an analysis of the influence of law on the conduct of public affairs. The themes running through the study of political law involve consideration of a) Democracy as a political system, b) the legal components of Democracy, c) electoral matters, d) the choice of instruments for governing, d) the balance of law and politics in the legislative process, e) the precedence of law and its accommodation with the other types of instruments in government management, f) the relative weight of legal and political influences in the litigation and adjudication of judicial disputes on issues of public governance, and g) the legalization of public life, including governance and politics. and h) accountability to law as a factor necessary for Democracy. The conclusion to be drawn from the study of political law is that legal accountability to democracy in the conduct of public affairs is a factor necessary for Democracy. It is the counterpart to constitutionally and legally protected human rights, in particular civil and political rights, in more traditional law courses. This course aims to provide senior public servants and other current and future professionals, especially those interested in government, a new, interdisciplinary dimension to their understanding of law in its real-life context. It is directed at giving students areas of knowledge complementary to related courses, as well as enabling them to use specific analytical tools in assessing law as the fundamental and indispensable component in Democratic governance and administration. 2 PUBLIC LAW PUBLIC ADMINISTRATION CONSTITUTIONAL LAW POLICY LAW OF PUBLIC ADMINISTRATION POLITICAL LAW ADMINISTRATIVE LAW POLITICS POLITICAL SCIENCE POLITICAL LAW AND THE RELATED SOCIAL DISCIPLINES 3 COURSE INFORMATION Term: Summer, 2020 Location: Robert Sutherland Hall Dates and times: Friday, April 24: 13:00 hrs. - 16:00 hrs. [1 pm – 4 pm] Saturday, April 25: 13:00 hrs. - 16:00 hrs. [1 pm – 4 pm] Monday, May 11: 13:00 hrs. - 16:00 hrs. [1 pm – 4 pm] Tuesday, May 12: 13:00 hrs. - 16:00 hrs. [1 pm – 4 pm] Wednesday, May 13: 13:00 hrs. - 16:00 hrs. [1 pm – 4 pm] Thursday, May 14: 13:00 hrs. - 16:00 hrs. [1 pm – 4 pm] Friday, May 15: 13:00 hrs. - 16:00 hrs. [1 pm – 4 pm] Monday, June 1: 08:30 hrs. – 11:30 hrs. [8:30 am – 11:30 am] Tuesday, June 2: 08:30 hrs. – 11:30 hrs. [8:30 am – 11:30 am] Wednesday, June 3: 08:30 hrs. – 11:30 hrs. [8:30 am – 11:30 am] Thursday, June 4: 08:30 hrs. – 11:30 hrs. [8:30 am – 11:30 am] Friday, June 5: 08:30 hrs. – 11:30 hrs. [8:30 am – 11:30 am] Prerequisites: None Teaching methods: The course will be conducted through a blend of lecturing, seminar-style class discussion, and possibly with the participation of specialists as guest speakers. Method of evaluation: Effective class participation:….…......................................…10%; Short written assignment:…………………………………...10%; Due on the second-to-last last day of class, June 4 Research Paper……………………………………………….90%. Due on Friday, June 26; Grades will be made available on Friday, July 10. Paper: For the major paper of the course, students should select a topic from among those listed at the end of this syllabus, or one similar in nature to these topics. The instructor’s approval of each topic is necessary. No topic may be selected by more than one student; approvals are discussed on a first-come-first-served basis. Students should identify themselves by name and student number on the paper. Lecturer contacts: e-mail: [email protected] 4 REQUIRED COURSE MATERIAL - Textbooks : Gregory Tardi The Theory and Practice of Political Law, 2nd ed. (Toronto: Carswell, 2016) Hereinafter referred to as TPPL Gregory Tardi Anatomy of an Election: Canada's 43rd Federal General Election, 2019, Through the Lens of Political Law (Toronto: Irwin Law, 2020) Hereinafter referred to as ANATOMY SUGGESTED COURSE MATERIAL Richard Balasko and Gregory Tardi, eds. The Informed Citizens’ Guide to Elections Le Guide du citoyen averti aux élections (Toronto: Carswell, 2015) Richard Balasko and Gregory Tardi, eds. The Informed Citizens’ Guide to Elections Le Guide du citoyen averti aux élections (Toronto: Carswell, 2019) Gregory Tardi The Law of Democratic Governing: Vol. I: Principles Vol. II: Jurisprudence (Toronto: Carswell, 2004) Gregory Tardi The Legal Framework of Government: A Canadian Guide (Aurora: Canada Law Book Inc., 1992) - Specialized Journal: The course will take into account as teaching material a number of texts published in the Journal of Parliamentary and Political Law / Revue de droit parlementaire et politique. - Additional Material: See the suggested readings for each class and the Comprehensive Bibliography at the end of the syllabus. 5 USEFUL AND INFORMATIVE WEBSITES The Constitution of Canada: https://thecanadaguide.com/government/the-constitution/ Parliament of Canada: https://www.parl.ca/ Hansard of the House of Commons: https://www.ourcommons.ca/documentviewer/en/35-2/house/hansard-index Status of Bills in the House of Commons and the Senate: https://www.parl.ca/legisinfo/Home.aspx?ParliamentSession=43-1 Laws of Canada: https://laws.justice.gc.ca/eng/acts/D.html Supreme Court of Canada: https://www.scc-csc.ca/ Court decisions: https://www.canlii.org/en/ The Cabinet: https://pm.gc.ca/en/cabinet Mandate Letters of Ministers: https://pm.gc.ca/en/mandate-letters Department of Justice Canada: https://www.justice.gc.ca/eng/ Minister of Justice and Attorney General of Canada: https://www.justice.gc.ca/eng/abt-apd/min.html Canadian legal history: https://thecanadaguide.com/basics/legal-system/ The Canadian judicial structure: https://www.justice.gc.ca/eng/csj-sjc/just/07.html The Canadian judiciary: https://cjc-ccm.ca/en 6 SUMMARY COURSE OUTLINE AND SCHEDULE FOUNDATIONS OF POLITICAL LAW 1. April 24, 2020.............….. Introduction to Political Law 2. April 24, 2020…...............The Linkages Among Law, Public Administration and Politics 3. April 25, 2020………….. The Legal Components of Democracy and the Rule of Law 4. April 25, 2020………….. The Political Law Underpinnings of Democracy ELECTIONS 5. May 11, 2020…...............The Electoral System and Elections 6. May 11, 2020……….…..The Conduct of a General Election 7. May 12, 2020…………...Participation, Political Speech and Campaign Promises 8. May 12, 2020…………...Case Study: Canada's 43rd Federal General Election THE LEGISLATIVE BRANCH 9. May 13, 2020…….….…Parliament (and the Legislative Assembly) as Institutions 10. May 13, 2020…………..Lex Parlamenti and Parliamentary Privilege 11. May 14, 2020……..........The Legislative Proces 12. May 14, 2020……..........The Senate THE EXECUTIVE BRANCH 13. May 15, 2020…….........The Law of Public Institutions and Administration 14. May 15, 2020…...……..The Cabinet and Machinery of Government 15. June 1, 2020………...... The Justice & Attorney General Portfolio 16. June 1, 2020…..……...
Load more

Recommended publications
  • Feminine Style in the Pursuit of Political Power
    UNIVERSITY OF CALIFORNIA, IRVINE Talk “Like a Man”: Feminine Style in the Pursuit of Political Power DISSERTATION submitted in partial satisfaction of the requirements for the degree of DOCTOR OF PHILOSOPHY in Political Science by Jennifer J. Jones Dissertation Committee: Professor Kristen Monroe, Chair Professor Marty Wattenberg Professor Michael Tesler 2017 Chapter 4 c 2016 American Political Science Association and Cambridge University Press. Reprinted with permission. All other materials c 2017 Jennifer J. Jones TABLE OF CONTENTS Page LIST OF FIGURES iv LIST OF TABLES vi ACKNOWLEDGMENTS vii CURRICULUM VITAE viii ABSTRACT OF THE DISSERTATION xi 1 Introduction 1 2 Theoretical Framework and Literature Review 5 2.1 Social Identity and Its Effect on Social Cognition . 6 2.1.1 Stereotypes and Expectations . 9 2.1.2 Conceptualizing Gender in US Politics . 13 2.2 Gender and Self-Presentation in US Politics . 16 2.2.1 Masculine Norms of Interaction in Institutional Settings . 16 2.2.2 Political Stereotypes and Leadership Prototypes . 18 2.3 The Impact of Political Communication in Electoral Politics . 22 2.4 Do Women Have to Talk Like Men to Be Considered Viable Leaders? . 27 3 Methods: Words are Data 29 3.1 Approaches to Studying Language . 30 3.2 Analyzing Linguistic Style . 34 3.2.1 Gendered Communication and the Feminine/Masculine Ratio . 37 3.2.2 Comparison with Other Coding Schemes . 39 3.3 Approaches to Studying Social Perception and Attitudes . 40 3.3.1 The Link Between Linguistic Style and Implicit Associations . 42 4 The Linguistic Styles of Hillary Clinton, 1992–2013 45 4.1 The Case of Hillary Clinton .
    [Show full text]
  • Fall Cover 2003A
    Home Economics A Century of Scholarship Frames the Future Washington State 1903– University 2003 HOME ECONOMICS CELEBRATES 100 YEARS! pages 16–23 COLLEGE OF AGRICULTURE & HOME ECONOMICS ALUMNI & FRIENDS C ONNECTIONS — F alL 2003 Meet Bob Scholes DATES TO REMEMBER August 30 Idaho vs. WSU—Seahawks obert Scholes began duties as as my prior Stadium interim Development Coordinator jobs.” R September for the College of Agriculture and While 6 Notre Dame vs. WSU in Home Economics on March 3. He Scholes South Bend, IN will oversee the college’s annual giving may be 13 Colorado vs. WSU— program, including Call-A-Coug tele- new to Colorado marketing and direct mail fundraising. the job, 20 New Mexico vs. WSU— He will also be responsible for Presi- he knows Pullman dents Associates (gifts of $1000 and exactly 20 Second Annual Alumni more) as well as alumni relations and how chal- Weekend—Agricultural production of the college’s magazine lenging and Resource Economics Connections. fundraising 25–27 WSU Home Economics Bob, who has a Bachelor of Science can be. He Robert Scholes Centennial Celebration degree from Washington State Univer- participated 27 Oregon vs. WSU—Oregon sity in physical science, is continuing in the Trans-America Bicycle Trek to October his education by pursuing a second help benefit the American Lung Asso- 4 Arizona vs. WSU— degree in civil engineering. ciation. To participate in the trek each Homecoming, Pullman Prior to joining the College of Agri- rider was required to raise a minimum 18 Stanford vs. WSU— culture and Home Economics Alumni of $5000.
    [Show full text]
  • Spring 2014 Commencement Program
    TE TA UN S E ST TH AT I F E V A O O E L F A DITAT DEUS N A E R R S I O Z T S O A N Z E I A R I T G R Y A 1912 1885 ARIZONA STATE UNIVERSITY COMMENCEMENT AND CONVOCATION PROGRAM Spring 2014 May 12 - 16, 2014 THE NATIONAL ANTHEM THE STAR SPANGLED BANNER O say can you see, by the dawn’s early light, What so proudly we hailed at the twilight’s last gleaming? Whose broad stripes and bright stars through the perilous fight O’er the ramparts we watched, were so gallantly streaming? And the rockets’ red glare, the bombs bursting in air Gave proof through the night that our flag was still there. O say does that Star-Spangled Banner yet wave O’er the land of the free and the home of the brave? ALMA MATER ARIZONA STATE UNIVERSITY Where the bold saguaros Raise their arms on high, Praying strength for brave tomorrows From the western sky; Where eternal mountains Kneel at sunset’s gate, Here we hail thee, Alma Mater, Arizona State. —Hopkins-Dresskell MAROON AND GOLD Fight, Devils down the field Fight with your might and don’t ever yield Long may our colors outshine all others Echo from the buttes, Give em’ hell Devils! Cheer, cheer for A-S-U! Fight for the old Maroon For it’s Hail! Hail! The gang’s all here And it’s onward to victory! Students whose names appear in this program have completed degree requirements.
    [Show full text]
  • Campbell Takes Office As Canada's First Female Premier June 26, 1993| from Reuters
    http://articles.latimes.com/1993-06-26/news/mn-7402_1_kim-campbell Campbell Takes Office as Canada's First Female Premier June 26, 1993| From Reuters OTTAWA — Kim Campbell, a 46-year-old lawyer, took office Friday as Canada's first female prime minister in a bold bid by the ruling Conservatives to recover popularity in time to win elections this year. Campbell, the first Canadian prime minister born after World War II, promised to restore Canadians' faith in government by bringing in a new generation of leaders to deal with severe unemployment and soaring government deficits. She quickly moved to distance herself from her unpopular predecessor, Brian Mulroney, by slashing the Cabinet size by almost one-third and reshuffling departments to focus on new jobs, public security and maintaining Canada's health service. "It is crucial to close the distance between Canadians and their government," she said after her swearing-in. "Canadians want their government to help them, not hinder them, in the process of economic renewal," she told a news conference. "A smaller Cabinet is a more efficient and more effective instrument to discuss, to decide, to lead." Mulroney retired as Canada's most disliked postwar leader after almost nine years in office to allow a fresh face to lead his party into a general election that must be called by November. Campbell named her main rival for leadership of the Progressive Conservative Party, Quebec native Jean Charest, as her deputy prime minister and minister of industry and consumer affairs. Charest was also charged with regional development in the French-speaking province that is key to winning a majority.
    [Show full text]
  • After the North Korean Nuclear Breakthrough: Compliance Or Confrontation? Crisis Group Asia Briefing N°62, 30 April 2007 2
    Policy Briefing Asia Briefing N°62 Seoul/Brussels, 30 April 2007 After the North Korea Nuclear Breakthrough: Compliance or Confrontation? I. OVERVIEW comprehensive, phased, negotiated settlement is still the best way of convincing the North to give up its nuclear weapons. The North Korea nuclear talks finally achieved a breakthrough on 13 February 2007, when the six parties The “Actions for Actions” format of the 13 February struck a general denuclearisation deal. Pyongyang agreed deal is the right strategy but the follow-on phases are to dismantle its nuclear facility at Yongbyon and admit conspicuously vague, with only the general statement International Atomic Energy Agency (IAEA) inspectors that the North will receive 950,000 tons of fuel oil upon within 60 days in exchange for energy aid and security full denuclearisation. The U.S., South Korea, China and assurances. Many vital details must be settled by further Japan now need to put forth a detailed, comprehensive talks, and that first deadline has passed without the North offer for the second and subsequent phases – and back yet admitting the inspectors. Although it has said it will that offer with a credible threat of coercive measures within 30 days, the fear has been raised that the deal may should Pyongyang renege on the deal. prove another failed attempt to bring Pyongyang into the international mainstream. However, the U.S. and other In November 2004, Crisis Group proposed an eight-step, members of the six-party talks should continue to push phased negotiations process that specified the rewards forward by adopting and putting forward a serious, phased the North would receive in exchange for dismantling negotiation strategy that offers specific economic rewards its nuclear program.
    [Show full text]
  • Public Leadership—Perspectives and Practices
    Public Leadership Perspectives and Practices Public Leadership Perspectives and Practices Edited by Paul ‘t Hart and John Uhr Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at: http://epress.anu.edu.au/public_leadership _citation.html National Library of Australia Cataloguing-in-Publication entry Title: Public leadership pespectives and practices [electronic resource] / editors, Paul ‘t Hart, John Uhr. ISBN: 9781921536304 (pbk.) 9781921536311 (pdf) Series: ANZSOG series Subjects: Leadership Political leadership Civic leaders. Community leadership Other Authors/Contributors: Hart, Paul ‘t. Uhr, John, 1951- Dewey Number: 303.34 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover design by John Butcher Images comprising the cover graphic used by permission of: Victorian Department of Planning and Community Development Australian Associated Press Australian Broadcasting Corporation Scoop Media Group (www.scoop.co.nz) Cover graphic based on M. C. Escher’s Hand with Reflecting Sphere, 1935 (Lithograph). Printed by University Printing Services, ANU Funding for this monograph series has been provided by the Australia and New Zealand School of Government Research Program. This edition © 2008 ANU E Press John Wanna, Series Editor Professor John Wanna is the Sir John Bunting Chair of Public Administration at the Research School of Social Sciences at The Australian National University. He is the director of research for the Australian and New Zealand School of Government (ANZSOG).
    [Show full text]
  • Table of Contents
    TABLE OF CONTENTS THE CHRETIEN LEGACY Introduction .................................................. i The Chr6tien Legacy R eg W hitaker ........................................... 1 Jean Chr6tien's Quebec Legacy: Coasting Then Stickhandling Hard Robert Y oung .......................................... 31 The Urban Legacy of Jean Chr6tien Caroline Andrew ....................................... 53 Chr6tien and North America: Between Integration and Autonomy Christina Gabriel and Laura Macdonald ..................... 71 Jean Chr6tien's Continental Legacy: From Commitment to Confusion Stephen Clarkson and Erick Lachapelle ..................... 93 A Passive Internationalist: Jean Chr6tien and Canadian Foreign Policy Tom K eating ......................................... 115 Prime Minister Jean Chr6tien's Immigration Legacy: Continuity and Transformation Yasmeen Abu-Laban ................................... 133 Renewing the Relationship With Aboriginal Peoples? M ichael M urphy ....................................... 151 The Chr~tien Legacy and Women: Changing Policy Priorities With Little Cause for Celebration Alexandra Dobrowolsky ................................ 171 Le Petit Vision, Les Grands Decisions: Chr~tien's Paradoxical Record in Social Policy M ichael J. Prince ...................................... 199 The Chr~tien Non-Legacy: The Federal Role in Health Care Ten Years On ... 1993-2003 Gerard W . Boychuk .................................... 221 The Chr~tien Ethics Legacy Ian G reene ..........................................
    [Show full text]
  • The Secret Life of the Political Question Doctrine
    Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2004 The Secret Life of the Political Question Doctrine Louis Michael Seidman Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/563 37 J. Marshall L. Rev. 441-480 (2004) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Constitutional Law Commons, Jurisprudence Commons, and the Law and Politics Commons THE SECRET LIFE OF THE POLITICAL QUESTION DOCTRINE LOUIS MICHAEL SEIDMAN· "Questions, in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be . made in this court."l The irony, of course, is that Marbury v. Madison, itself, "made" a political question, and the answer the Court gave was deeply political as well. As everyone reading this essay knows, the case arose out of a bitter political controversy,2 and the opinion for the Court was a carefully crafted political document-"a masterwork of indirection," according to Robert McCloskey's well­ known characterization, "a brilliant example of Chief Justice Marshall's capacity to sidestep danger while seemingly to court it, to advance in one direction while his opponents are looking in another. ,,3 The purpose of this essay is to explore the many layers of this irony. I will argue that despite all of the premature reports of its demise, the political question doctrine is as central to modern • Professor of Law, Georgetown University Law Center.
    [Show full text]
  • Public Policy, Regulatory & Political
    Fact Sheet Public Policy, Regulatory & Political Law “Encyclopaedic knowledge of laws and regulations, and practical solutions - and they're great across the globe as well as in the USA.” ~ Chambers and Partners Global Mayer Brown’s Public Policy, Regulatory & Political the intersection of business, government and politics Law lawyers and lobbyists use sophisticated political and drives successful results for our clients. experience and unmatched legal knowledge to advise Many of our lawyers have held high-ranking elected, businesses and governments in order to shape policy, appointed and legal counsel positions in government, legislation, regulation and guide significant government-related transactions in the United States providing an insider’s view to how laws and regulations affect businesses. Our group includes and around the world. We have been involved in former senior officials, including a United States some of the most significant government transactions have advised multinational businesses on national, secretary of commerce; two US trade representatives (USTR); several ambassadors; an associate attorney state and local government issues, advanced general of the United States; an attorney general for legislative and regulatory strategies that changed the landscapes across major industries and have helped the State of Illinois; a policy director of the US House of Representatives Committee on Ways and Means; a governments initiate innovative plans to better serve deputy director of the US National Economic Council their constituents. (NEC) and chief counsel and deputy staff director for Our clients have ranged from major corporations and the US Senate Banking Committee; a chief of staff at financial institutions in need of multi-faceted USTR; a chief of staff and senior legal advisor to the strategies to government entities seeking novel Federal Communications Commission; a chief counsel solutions to unprecedented challenges.
    [Show full text]
  • The Mulroney-Schreiber Affair - Our Case for a Full Public Inquiry
    HOUSE OF COMMONS CANADA THE MULRONEY-SCHREIBER AFFAIR - OUR CASE FOR A FULL PUBLIC INQUIRY Report of the Standing Committee on Access to Information, Privacy and Ethics Paul Szabo, MP Chair APRIL, 2008 39th PARLIAMENT, 2nd SESSION The Speaker of the House hereby grants permission to reproduce this document, in whole or in part for use in schools and for other purposes such as private study, research, criticism, review or newspaper summary. Any commercial or other use or reproduction of this publication requires the express prior written authorization of the Speaker of the House of Commons. If this document contains excerpts or the full text of briefs presented to the Committee, permission to reproduce these briefs, in whole or in part, must be obtained from their authors. Also available on the Parliamentary Internet Parlementaire: http://www.parl.gc.ca Available from Communication Canada — Publishing, Ottawa, Canada K1A 0S9 THE MULRONEY-SCHREIBER AFFAIR - OUR CASE FOR A FULL PUBLIC INQUIRY Report of the Standing Committee on Access to Information, Privacy and Ethics Paul Szabo, MP Chair APRIL, 2008 39th PARLIAMENT, 2nd SESSION STANDING COMMITTEE ON ACCESS TO INFORMATION, PRIVACY AND ETHICS Paul Szabo Pat Martin Chair David Tilson Liberal Vice-Chair Vice-Chair New Democratic Conservative Dean Del Mastro Sukh Dhaliwal Russ Hiebert Conservative Liberal Conservative Hon. Charles Hubbard Carole Lavallée Richard Nadeau Liberal Bloc québécois Bloc québécois Glen Douglas Pearson David Van Kesteren Mike Wallace Liberal Conservative Conservative iii OTHER MEMBERS OF PARLIAMENT WHO PARTICIPATED Bill Casey John Maloney Joe Comartin Hon. Diane Marleau Patricia Davidson Alexa McDonough Hon. Ken Dryden Serge Ménard Hon.
    [Show full text]
  • Political Law, Legalistic Politics: a Recent History of the Political Question Doctrine Robert F
    Political Law, Legalistic Politics: A Recent History of the Political Question Doctrine Robert F. Nagelf The phrase "political question doctrine" seems innocuous. This is partly because of familiarity. It is also because the three words are lined up in a reassuring sequence. Although "political" has unruly and unsavory connotations, it is followed by the tame "question." The phrase is concerned, not with political power or political dilemmas or political passions, but with those political is- sues that come rounded to an intellectual point, that are shaped into questions. And the last word, "doctrine," removes whatever sting remains. Suggestive of rules, predictability, and stodgy for- malism, "doctrine" assimilates the political into the legal. In the brief space of three words, the phrase "political question doctrine" funnels the noisy sounds of conflict into a staid category of law; it collapses the wide world-where aspirations, hatreds, and interests are in collision-into a small, identifiable arena. The boundaries to this arena mark the limits of the judicial function, but even as courts acknowledge the political, they subordinate it. To have a doctrine that defines where political decision making is appropri- ate, after all, is only to make an exception to a norm of judicial sovereignty over the fundamental issues called "constitutional." My theme is that the political question doctrine is not innocu- ous. Like many dangerous things, it has been given a safe appear- ance and name. But what looks like a slight crack is a fault line. This doctrine, so frequently criticized and discounted, nevertheless has a tenacious hold on our jurisprudence.
    [Show full text]
  • Neo-Liberal Constitutionalism: Ideology, Government and the Rule of Law
    Journal of Politics and Law June, 2008 Neo-Liberal Constitutionalism: Ideology, Government and the Rule of Law Rachel S. Turner Research Institute for Law, Politics and Justice, Keele University Keele, Staffordshire, ST5 5BG, UK E-mail: [email protected] Abstract This article explores the centrality of constitutionalism and the rule of law in neo-liberal ideology. It argues that neo-liberalism is not simply a one-dimensional set of economic ideas directed at promoting the free market, but is an ideology with broader political dimensions. At the core of neo-liberalism is a serious doctrine about politics and the proper role of government. Neo-liberals like F.A. Hayek, Milton Friedman and James Buchanan recognised that in order to have a functioning market order, a corresponding political order is a vital corollary. However, the article points out that a number of contradictions and tensions sit at the heart of the neo-liberal conception of politics: those that exist between freedom and the state, liberty and democracy, and law and legislation. The article suggests that one of the most daunting tasks facing neo-liberal politicians and theorists in the twenty-first century will be to overcome the constitutional ‘ignorance’ of Western democracies and institute a framework of rules, conventions or procedures through which the powers of government can be adequately constrained. Keywords: Neo-liberalism, Constitution, Rechtsstaat, Law, Legislation 1. Introduction Neo-liberalism acknowledges the need for government, but is, at the same time, acutely aware of the dangers that government embodies. The constitution is a fundamental concept for neo-liberalism as it represents the only acceptable means through which the powers of government and other state officials may be curtailed.
    [Show full text]