LAWS 1000 Lecture Notes - Lecture 5: Parti Canadien, Pierre Bourdieu, Cultural Genocide
Document Summary
Tension between justice and relation of power contributes to the creation of a constitution. Example: aboriginals vs. european & english vs french. Definition: a constitution is the fundamental law of a political system, because all other laws must conform to the constitution, and it gives legitimacy to the exercise of state power: It outlines both the basis of political representation and the methods by which representative are chosen. It comprises of the constitutional laws (written documents and cases of the common laws, conventions are not legally binding) It deals with two sets of relation: Between the citizen and the state (empowers the state to pass laws in the name of the citizens/limits the state to infringe of basics civic rights) You can now challenge the government about law. Distribution of functions and powers between different parts of the states (in a federal system as canada, based on territoriality) How power is managed and distributed across.