ADM JUS 1 Lecture Notes - Lecture 28: Due Process, Habeas Corpus
7 Dec 2020
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What are the politics of representation (hall 1997) What is the role of the politics of representation in the law making process. We as a public need to agree on what needs to happen in the crime making process defines how the public see a certain issue. There is an unequal power distribution issue here but were not going to talk about that right now. Political consensus in regards to new laws. Political representation law and changing policy public consent and political consensus (goes full circle, triangular) The rule of law: everybody is treated equally under the law. Habeas corpus: prevent unlawful detentions based on insufficient evidence and due process. 18th century: police emerges as an institution of the state. Objective enforcement based on the rule of law: Law should govern everybody and every citizen should be exposed to subject to the same law enforcement. Consider the canadian charter of rights and freedoms.
