Constitutions and Rule of Law. Toronto Mayor Ford sacked for conflict of interest: nto/ID/2309849453/

Slides:



Advertisements
Similar presentations
Carta Magna 1215 Terminología jurídica extranjera.
Advertisements

Law the system of rules of conduct established by the government of a society to maintain stability and justice Law provides a means of enforcing these.
Constitutions, Law and Judiciary
Principles of Government
Magna Carta. Magna Carta Libertatum (The Great Charter of the Liberties of England ) originally issued in Latin in the year of *Magna Carta is Latin.
ROOTS OF AMERICAN GOVERNMENT. We will compare and contrast (purposes, sources of power) various forms of government in the world (e.g., monarchy, democracy,
Magna Carta “Great Charter”.
Magna Carta Causes, Provisions, Impact. Henry I Coronation Charter 1. Know that by the mercy of god, and by the common counsel of the barons of the whole.
Influence of the English Government
The natural condition of mankind is a state of perfect and complete liberty to conduct one’s life as one best sees fit, free from the interference of.
How significant has Magna Carta seemed over time?.
POSITIVE LAW. Imagine a powerful sovereign who issues commands to his or her subjects. They are under a duty to comply with his wishes. The notion of.
Democracy Develops in England
Development of Western Thought & the Rise of Democratic Ideals
ABSOLUTISM ( ).
Systems of Government.
Magna Carta John, King of England 19 June JOHN RICHARD LION HEART & ROBIN HOOD.
King John and the Magna Carta. Could the rich control the king? God fearing A good judge of character A good soldier Around the picture below, you can.
Our Government in Action
Constitutions and Rule of Law. “ Law in its broader significance reigns everywhere. Where life exists, there are universal laws of life, and for each.
What is Government? Government is how society chooses people to make and enforce its public policies. So what are public policies? Public policies are.
Constitutional Change
Influences on American Documents of Freedom
Democratic Developments in England Feudalism- loosely organized system of rule in which powerful local lords divided their land-holdings among lesser lords.
Chapter 1: Principles of Government Section 1. Copyright © Pearson Education, Inc.Slide 2 Chapter 1, Section 1 Why do we Need Government? Promote Inalienable.
Mindclones As Futuristic Persons Martine Rothblatt Terasem Movement, Inc. International Human Rights Day Colloquium on the Law of Futuristic Persons Terasem.
T HE E NLIGHTENMENT The Age of Reason. T HE A GE OF R EASON Scholars were beginning to challenge long-held beliefs about science, religion, and government.
American Government WHAT SHAPED THE U.S. GOVERNMENT?
Influential People and Historical Documents Mr. Webster’s Class.
1 The Magna Carta Why was it important?. 2 Introduction The Magna Carta is one of the most celebrated documents in English history but later interpretations.
INB Page 13 What is the similarities and differences of direct and representative democracy? How are democracy and anarchy similar?
Oxford History Teacher Network Magna Carta and its Context Professor Stephen Church, University of East Anglia Author of King John: England, Magna.
ORIGINS OF GOVERNMENT September 15, 2015 Objectives: To develop an understanding HOW governments began.
Warm Up 1.What patterns/groupings do you see in the map? 2.What are the most common and least common forms of government? 3.On what continent do you find.
1-1 Principles of Government. State: Synonym: country. “Political community that occupies a definite territory and has an organized government with the.
September 9, 2013 Question: What are your duties as a citizen? Objectives: Students will be able to identify the purposes and forms of government. Agenda:Complete.
JURISPRUDENCE Unit 1. he role of positivism How law(s) ought be drafted and the role of these laws Do laws relate to any higher role, or are they simply.
King John and Magna Carta.  Political history of the West has largely consisted of attempts to put into action the religious principles that rulers must.
Bell Ringer Imagine that you have been wrongly accused of a crime. How will the United States legal system protect you?
Government Chapter 3. Section 1 Principles of the Constitution The Constitution is the supreme law of the land. It does not go into great detail about.
Imagine that you have been wrongly accused of a crime. How will the United States legal system protect you?
Government Unit 1 Basic Terminology Government is institution with the power to make and enforce rules for a group of people State is a political unit.
Global II Ch. 10, Sec. 1 Growth of Royal Power in England and France Pgs
The Magna Carta Principles & Pronouncements. HISTORICALLY SIGNIFICANT? A new constitutional principle: formally determined in writing, for the first time,
Powers of a King Divine Rule? BACKGROUND INFORMATION 1.The Magna Carta is Latin for “Great Charter.” 2.It is a document that was sealed by King John.
Civics M-STEP REVIEW. What is the difference between “Civic Responsibility” and “Private Responsibility? Civic Responsibilities Vote in elections Participate.
JUDGING and the NATURE OF JUSTICE. “It is the mark of an educated mind to be able to entertain a thought without accepting it.” Aristotle.
1 American Government The Constitution. 2 Outline of the Constitution Six Basic Principles Outline of the Constitution THE CONSTITUTION.
Battle for the Ballot Lecture 1: Introduction. Background pre-1688 and The Peasants’ Revolt 1381.
Chapter 1 – PRINCIPLES OF GOVERNMENT
Influences on American Documents of Freedom
Late Middle Ages The Black Death Popes at Avignon
King John and the Magna Carta
3.10 Sources & Types of Law.
Warm up 8/28 In your own words, what does the quote mean?
Chapter 1: People and Government
Presentation by Nekita Ramsay
JUDGING and the NATURE OF JUSTICE
And its impact on Western Europe And Future Western democracies
Unit 2: Interactions Among Branches of Government
The Magna Carta This Photo by Unknown author is licensed under CC BY-NC-ND.
The Principles of Government
Codes of behaviour.
LESSON 15 SEMINARY Doctrine and Covenants and Church History.
ROOTS OF AMERICAN GOVERNMENT
Sources of Law/ Types of law
Magna Carta.
Unit 12 Lesson 15: Limiting Power
King John and the Magna Carta
The Magna Carta England June 15, 1215.
Presentation transcript:

Constitutions and Rule of Law

Toronto Mayor Ford sacked for conflict of interest: nto/ID/ / nto/ID/ / Robin Hood speaks to King John: Djc Djc

“Law in its broader significance reigns everywhere. Where life exists, there are universal laws of life, and for each form of life after its kind. Within this great order, life-sustaining and life-sustained, there are many grades and types of law… (There is) the vast region of law which works inflexibly, inviolably, and regardless of human wills. Society begets another kind of law, another order reflecting no less surely, but on that very account liable to change, development, and transgression. This social law is expressed in custom, tradition, the thousand forms of use and wont. Part of this in turn is reinforced, reaffirmed, and enlarged as the law of the state”* *R.M. McIver, The Modern State, Oxford, 1926, p.250

Positive law Body of rules enforced by a sovereign state Expresses the will of the state What kinds of rules? Any rules the ruler wants? 2 basic approaches*:  Positivist  Naturalist *See Iain McLean and Alistair McMillan (ed.) Oxford Concise Dictionary of Politics, 2 nd ed., Oxford University Press, 2003, pp

Legal Positivism (Jeremy Bentham, John Austin) Core principle of modern society Dominant view in 20 th century legal theory - both Western and Communist The law is what the judges say it is Laws are simply the commands of a sovereign (person or institution). If people obey his commands, they are the law The commands need not have anything to do with laws of nature  What’s the difference between a government and a gangster?  If a gangster makes sure his commands are obeyed in a given territory, he is the ruler of a state

Legal Naturalism Dominant in non-Western non-communist societies, but also increasingly prominent in the West since late 20 th century (Ronald Dworkin, John Finnis) There exists a higher and permanent law which is not dependent on the will of legislators – “natural law” Our reason discovers laws, as it discovers laws of nature Religious faith usually serves as the basis of law (Dostoyevsky: “If there is no God, everything is permissible”) Positive law cannot contradict natural law

"What’s right is right and what’s wrong is wrong. And isn’t this believed by everyone... even among the Persians, and always?... What is fine, no doubt, is everywhere legislated as fine, and what is shameful as shameful; but not the shameful as fine or the fine as shameful.“ Plato, Minos "There is a true law, right reason, agreeable to nature, known to all men, constant and eternal, which calls to duty by its precepts, deters from evil by its prohibition. This law cannot be departed from without guilt. Nor is there one law at Rome and another at Athens, one thing now and another afterward; but the same law, unchanging and eternal, binds all races of man and all times.“ Cicero, On the Republic

Positivists: Naturalism is irrational Too conservative, even reactionary Limits human freedom Comes into conflict with democracy Constrains possibilities of social change

Naturalists: Laws without a moral basis are weak or even harmful Laws consonant with moral values strengthen society’s moral fiber Naturalism serves as a barrier to arbitrary rule It may serve democratic purposes in some cases more effectively than positivism, if democratic values are derived from a “higher order” ( see US Declaration of Independence) May save the environment

The two approaches are often at odds with each other, adopted by opposing sides in political struggles But they need not be mutually exclusive Each approach has its flaws and its strong points Interactions between positivism and naturalism may enhance democracy and progressive change

Every state has 2 types of law:  Constitutional  Ordinary Constitutional law – governs the state, and the state is governed by it. Consists of:  Written or unwritten constitution – “basic law”  Accepted interpretations of the constitution The main function – to bind the rulers by a set of rules Rule of law, law-based state

Development of constitutionalism has both restrained the legislators and widened their sphere of action  Restrained:  Bars the state from certain actions vis-à-vis citizens  Widened:  Compels the state to make policies to promote social justice

Governance, rule of law and democracy  No good governance without accountability  No accountability without rule of law  No rule of law without electoral dem ocracy  But… Can democracy and rule of law come ito conflict?  Can there be democracy without rule of law?

Rule of law and democracy  Democracy’s dilemma:  How to enable the state to act in the interests of the people while protecting the people from the state  Rule of law helps resolve the dilemma

 Pakistan’s lawyers protest against dictatorship:   Egypt’s judges oppose Presidential decrees 

THE JUDICIARY The courts and their officers Functions of the judiciary: Resolves (adjudicates) conflicts: within society, between society and the state, between branches of government; Maintains the existing legal system; Makes policy by interpreting and even making law

Supreme Court of Canada

US Supreme Court

England, June 15, 1215: King John confirms Articles of the Barons, which were then proclaimed as Magna Carta Libertatum

The scene looks a bit different in this picture…

And even more different here…

King John’s Great Seal

Magna Carta Libertatum (The Great Charter of Freedoms)

“Know that before God, for the health of our soul and those of our ancestors and heirs, to the honour of God, the exaltation of the holy Church, and the better ordering of our kingdom, at the advice of our reverend fathers… First, We have granted to God, and by this our present Charter have confirmed, for us and our Heirs for ever, That the Church of England shall be free, and shall have her whole rights and liberties inviolable. We have granted also, and given to all the freemen of our realm, for us and our Heirs for ever, these liberties underwritten, to have and to hold to them and their Heirs, of us and our Heirs for ever.

[2] If any of our Earls or Barons, or any other, which holdeth of Us in chief by Knights service, shall die and at the time of his death his heir be of full age, and oweth us Relief, he shall have his inheritance by the old Relief… [8] We or our Bailiffs shall not seize any land or rent for any debt, as long as the present Goods and Chattels of the debtor do suffice to pay the debt, and the debtor himself be ready to satisfy therefore.

[12] The city of London shall have all the old liberties and customs, which it hath been used to have. Moreover we will and grant, that all other Cities, Boroughs, Towns, and the Barons of the Five Ports, and all other Ports, shall have all their liberties and free customs. [21] No Sheriff nor Bailiff of ours, or any other, shall take the Horses or Carts of any man to make carriage, except he pay the old price limited… [25] One measure of Wine shall be through our Realm, and one measure of Ale, and one measure of Corn, that is to say, the Quarter of London; and one breadth of dyed Cloth, Russets, and Haberjects, that is to say, two Yards within the lists. And it shall be of Weights as it is of Measures.

26] Nothing from henceforth shall be given for a Writ of Inquisition, nor taken of him that prayeth Inquisition of Life, or of Member, but it shall be granted freely, and not denied. [28] No Bailiff from henceforth shall put any man to his open Law, nor to an Oath, upon his own bare saying, without faithful Witnesses brought in for the same. [29] No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right.

[30] All Merchants (if they were not openly prohibited before) shall have their safe and sure Conduct to depart out of England, to come into England, to tarry in, and go through England, as well by Land as by Water, to buy and sell without any manner of evil Tolls, by the old and rightful Customs, except in Time of War. [34] No Man shall be taken or imprisoned upon the Appeal of a Woman for the Death of any other, than of her husband.”

The Canadian Constitution Canadian Charter of Rights and Freedoms oA&feature=related oA&feature=related