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1000 - Class 3

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by

Kelly Blidook

on 19 September 2018

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Transcript of 1000 - Class 3

The State
Basically same as “country”, but includes “government”

Recognized by the international community (other states)

Separate meaning: sub-national territorial entity
i.e. “province” (Canada) or “state” (U.S.)
Different sovereigns - branches of government (I.e. Canada)
Can have disagreement

Judicial Review (courts)
Power of courts to declare actions taken by branches of government violate the Constitution (Canada & US)
Cannot make new laws, but can strike down laws
Problems with sovereignty
Parliament = highest legal body in the land; cannot be overruled by the judiciary (courts)


Executive authority of government (symbolized by the Crown) can be exercised only by ministers who are responsible to Parliament.
Parliamentary Sovereignty
Sovereignty, State, and Citizenship
Posc 1000 – Intro to Political Science
State, Society, Government and Politics
Rights
Residence
Political participation
Freedoms (speech, association, etc.)

Obligations
Taxation
Military service (during conscription)
Respect of rights/freedoms of others
Citizenship (Canada)
Parliament may make or repeal whatever laws it chooses;
One Parliament cannot bind its successors in any way
Main principle of the British constitution
1. Parliamentary Sovereignty
Latin super, meaning “above,” - one who is superior.

Sovereignty:
“the authority to override all other authorities.”
“bundle of powers associated with the highest authority in government”
Sovereign
Jus Sanguinis (blood): granted by birth of citizens (Germany)
Naturalization - process by which an adult is granted citizenship
“State membership”
Jus Soli (soil): granted by birth in state - (Canada, France, U.S., U.K.)
Citizen
“Population, territory, sovereignty”

where sovereign power rules over a population in a fixed territory.

Weber: “a human community that (successfully) claims the monopoly of the legitimate use of physical force with a given territory”.
The State
governments derive “their just powers from the consent of the governed.”
Based on softer definition than Rousseau’s “popular sovereignty”

U.S. Declaration of Independence (1776):
Representative Democracy
having representatives legislate for them (indirect OR representative democracy)
Rousseau: “supreme authority resides in the people and cannot be delegated”

Laws should be made by the people (direct democracy), not by
2. Popular Sovereignty
Various forms of “sovereign”

What is, who is?
Sovereignty
Failed State
Contains apparatus of government, but has lost ability to control territory (lack of clear sovereignty)

Also criticized as a "Western" concept
Full transcript