Political Science 1020E Lecture Notes - Lecture 20: Negative And Positive Rights, Constitutionalism, Parliamentary Sovereignty
22 Oct 2018
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Lecture 20 the constitution, law, and the judiciary march 22/18. The rule of law: a government composed of laws not men (that applies to everyone and is rationally/fundamentally equal) Types of law: common law (based on customs, traditions, precedents, made from the norms of society and judge decisions not written by legislators), civil law (written legal codes, judges administer the law not make it) A set of written and unwritten rules. Defines the powers of institutions and the government. Regulates the relationships between these things including between levels of government. Acceptance that our political institutions operate within the context of overarching rules. Which sets real limits to the exercise of political authority. Origins: medieval (monarchs were still limited by god, law, and corporate privileges), Establishing fundamental values and goals (higher laws are usually broad, appeal to customs, and represent a general will) Providing government stability: maps the power within the state (predictable and balanced)
