
Rule of Law and Miscellaneous
Quiz by Tina Glanski
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Citizens feel safe during daily activities, police have procedures, criminals face consequences
Checks & Balances
Legitimacy
Equal Application of the Law
Order and Security
Citizens see the law as worthy of following; have input in the lawmaking process; respect the law and see laws as fair.
Legitimacy
Equal Application of the Law
Access to Justice
Checks & Balances
Citizens feel safe during daily activities, police have procedures, criminals face consequences
Citizens see the law as worthy of following; have input in the lawmaking process; respect the law and see laws as fair.
Which book did Cedric Diggory die?
The government has rules for legal proceedings; follows those rules and the legals proceedings are fair.
The judicial system is independent from other branches; elected officials must answer to the people.
Nobody is above the law, not even elected officials; the judicial system treats everyone the same.
Who built C3PO?
How many NHL teams are located in Canada?
Power is divided among branches of government; all branches function effectively.
Which president had the shortest term?
The 2022 College Basketball (March Madness) champion
Which My Little Pony character has a balloon mark?
Citizens have a way to enforce their rights; knowledge they need to get justice and the justice system is available for people to use.
Define Rule of Law and recognize its influence on the development of the American legal, political, and governmental systems
1.9 Rule of Law and 3.10 Sources and Types of Law
What is a crime A crime is generally defined as an act or omission that is prohibited by criminal law Two critical ingredients of a crime are: 1) the commission of an act (Actus reus) 2) the mental intent to commit the act (Mens rea) A crime occurs when a person Commits an act or fails to commit an act when under a legal responsibility to do so Has the intent or mens rea to commit the act Does not have a legal defence or justification for committing the act and Violates a provision in criminal law The Social construction of crime Important to distinguish between behaviours that may be considered deviant by society and crimes Deviance is behaviour that is contrary to the norms and values of the larger society Crime is behaviour that breaks the law Deviance includes: Criminal behaviour and Wide range of other behaviours not against the law: May be frowned upon by the larger society What is viewed as deviant changes over time Crime includes: Social construction of crime Legal status of behaviours is not determined by behaviour itself but result of social response to the behaviour/persons/groups engaged in it Criminologists often conduct historical analyses to understand how social, economic and political environments may influence legislation Moral entrepreneurs Often play a key role in criminalizing certain activities Individuals, groups or organizations, seek action against certain groups of people/behaviours and bring pressure on legislators to enact criminal statutes The Origins and Application of the Criminal Law Differing perspectives on where criminal laws come from/ applied via the criminal justice system are reflected in two models 1) Value consensus model 2) Conflict Model Value consensus model Behaviours are defined as criminal/punishment imposed, reflect opinions/limits of tolerance Application of law, society reaffirms acceptable behaviours/social cohesion Conflict Model Crime and punishment reflect the power some groups have to influence, formulation/application of criminal law rich/privileged have an advantage in influencing law reform/criminal justice system The Canadian Legal System Is a common law system, with exception of Quebec which has a civil law system (Based on the French Code Napoleon) Common law is law based on custom, tradition, practice and generally unwritten Precedent is a judicial decision may be use as a standard in subsequent similar cases Canadian Courts Canadian courts organised in a hierarchy Supreme court of Canada is the highest court Stare decisis- principle whereby higher courts set precedents that lower courts must follow “To stand by what was decided” Like cases should be treated alike All courts below SSC bound to apply that same ruling in subsequent cases Criminal Law Body of law deals with conduct considered so harmful to society as a whole that it is prohibited by statute and prosecuted and punished by the government Functions of the Criminal Law In Canadian society, Criminal law provides the following functions Acts as a mechanism of social control Defines the parameters of acceptable behaviour Reduces the risk of personal retaliation Assists in general and specific deterrence Prosecutes criminalized behaviour Protects groups interests Principles of Canadian Law The Rule of Law The requirement that governments as well as individuals be subjected to Traced back to the English Magna Carta The essence of the rule of law is that No one person is above the law All persons are bound by the law All are entitled to protection by the law The law should be observed and enforced equally There is a standard to which criminal justice officials must adhere and will be held accountable Criminal Law Vs. Civil (Tort) Law Summary Crime is a social construction and is a reflection of changing time and mores Criminal law is not static and what behaviour legislatively defined as criminal can change overnight There are instances in which controversy arises when the criminal law is applied to issues of ethics, morality and religion The criminal law was identified as one type of public law and the functions of the criminal law were set out The rule of law and the charter of rights and freedoms are two key parts of the foundation of the criminal justice system There are several principles that also provide the foundation for Canadian law The role, principles origins and application of the criminal law were examined and a number of case studies were presented to illustrate the dynamic nature of the criminal law in a diverse society
On 8 August 1967, five leaders – the Foreign Ministers of Indonesia, Malaysia, the Philippines, Singapore and Thailand – sat down together in the main hall of the Department of Foreign Affairs building in Bangkok, Thailand and signed a document. By virtue of that document, the Association of Southeast Asian Nations (ASEAN) was born. The five Foreign Ministers who signed it – Adam Malik of Indonesia, Narciso R. Ramos of the Philippines, Tun Abdul Razak of Malaysia, S. Rajaratnam of Singapore, and Thanat Khoman of Thailand – would subsequently be hailed as the Founding Fathers of probably the most successful inter-governmental organization in the developing world today. And the document that they signed would be known as the ASEAN Declaration. It was a short, simply-worded document containing just five articles. It declared the establishment of an Association for Regional Cooperation among the Countries of Southeast Asia to be known as the Association of Southeast Asian Nations (ASEAN) and spelled out the aims and purposes of that Association. These aims and purposes were about cooperation in the economic, social, cultural, technical, educational and other fields, and in the promotion of regional peace and stability through abiding respect for justice and the rule of law and adherence to the principles of the United Nations Charter. It stipulated that the Association would be open for participation by all States in the Southeast Asian region subscribing to its aims, principles and purposes. It proclaimed ASEAN as representing “the collective will of the nations of Southeast Asia to bind themselves together in friendship and cooperation and, through joint efforts and sacrifices, secure for their peoples and for posterity the blessings of peace, freedom and prosperity.” It was while Thailand was brokering reconciliation among Indonesia, the Philippines and Malaysia over certain disputes that it dawned on the four countries that the moment for regional cooperation had come or the future of the region would remain uncertain. Recalls one of the two surviving protagonists of that historic process, Thanat Khoman of Thailand: “At the banquet marking the reconciliation between the three disputants, I broached the idea of forming another organization for regional cooperation with Adam Malik. Malik agreed without hesitation but asked for time to talk with his government and also to normalize relations with Malaysia now that the confrontation was over. Meanwhile, the Thai Foreign Office prepared a draft charter of the new institution. Within a few months, everything was ready. I therefore invited the two former members of the Association for Southeast Asia (ASA), Malaysia and the Philippines, and Indonesia, a key member, to a meeting in Bangkok. In addition, Singapore sent S. Rajaratnam, then Foreign Minister, to see me about joining the new set-up. Although the new organization was planned to comprise only the ASA members plus Indonesia, Singapore’s request was favorably considered.” And so in early August 1967, the five Foreign Ministers spent four days in the relative isolation of a beach resort in Bang Saen, a coastal town less than a hundred kilometers southeast of Bangkok. There they negotiated over that document in a decidedly informal manner which they would later delight in describing as “sports-shirt diplomacy.” Yet it was by no means an easy process: each man brought into the deliberations a historical and political perspective that had no resemblance to that of any of the others. But with goodwill and good humor, as often as they huddled at the negotiating table, they finessed their way through their differences as they lined up their shots on the golf course and traded wisecracks on one another’s game, a style of deliberation which would eventually become the ASEAN ministerial tradition. Now, with the rigors of negotiations and the informalities of Bang Saen behind them, with their signatures neatly attached to the ASEAN Declaration, also known as the Bangkok Declaration, it was time for some formalities. The first to speak was the Philippine Secretary of Foreign Affairs, Narciso Ramos, a one-time journalist and long-time legislator who had given up a chance to be Speaker of the Philippine Congress to serve as one of his country’s first diplomats. He was then 66 years old and his only son, the future President Fidel V. Ramos, was serving with the Philippine Civic Action Group in embattled Vietnam. He recalled the tediousness of the negotiations that preceded the signing of the Declaration that “truly taxed the goodwill, the imagination, the patience and understanding of the five participating Ministers.” That ASEAN was established at all in spite of these difficulties, he said, meant that its foundations had been solidly laid. And he impressed it on the audience of diplomats, officials and media people who had witnessed the signing ceremony that a great sense of urgency had prompted the Ministers to go through all that trouble. He spoke darkly of the forces that were arrayed against the survival of the countries of Southeast Asia in those uncertain and critical times. “The fragmented economies of Southeast Asia,” he said, “(with) each country pursuing its own limited objectives and dissipating its meager resources in the overlapping or even conflicting endeavors of sister states carry the seeds of weakness in their incapacity for growth and their self-perpetuating dependence on the advanced, industrial nations. ASEAN, therefore, could marshal the still untapped potentials of this rich region through more substantial united action
How were the classical civilizations shaped by their religious and philosophical beliefs and by the rule of law
European Studies | Subject Focus 3: European Values, Democracy and Rule of Law
European Studies | Subject Focus 3: European Values, Democracy, and Rule of Law | School-Based Assessment on Democratic Citizenship, Citizen Empowerment, Active Participation, and Inclusion
If we look at the United States on a map today, it is very difficult to imagine that where we see borders, cities, and states, there once existed nothing but open land, uncharted mountain ranges, and miles of untouched wilderness. North America was a highly desired destination for exploration and settlement for Europeans. In the early 1500s, expeditions from Europe to North America were funded by Europe's kings and queens in hopes of expanding their territories across the world. The voyages were treacherous with unknown dangers and many attempts to settle in this new land were faced with failure. In the early 1600’s however, the settlers of Jamestown and Plymouth survived the harsh conditions and established the first two permanent English settlements in North America. Jamestown Colony in Virginia Jamestown was founded in 1607. Of course, its colonists did not know it would go on to become the the first permanent English settlement in the Americas. The settlement was located along the James River off Chesapeake Bay in modern-day Virginia. Life in Jamestown was very hard, and nearly 80% of the first settlers died in the first year due to disease and starvation. The region was warm and had fertile soil, making it a perfect place for growing crops, specifically tobacco. Sponsored by a joint stock company known as the Virginia Company of London, Jamestown was originally established as a profit-making enterprise. The first settlers looked for gold and other natural resources that could bring a profit to the company's investors. After several very difficult years, the colonists were eventually able to grow tobacco that was popular in England and it became a valuable cash crop. Jamestown's colonists were primarily all supporters of the Church of England and felt a strong connection to their homeland. Many, like John Smith, returned to England, or would move back and forth between the two locations. Being that Jamestown was founded by a corporation looking to make a profit, it began using enslaved labor in 1619. Indentured servants and enslaved Africans made up much of the workforce on the growing tobacco and cotton plantations. The system of using enslaved Africans for the profit of American plantations has been described as America's "original sin". About 400 miles to the north of Jamestown, a group of Pilgrims seeking religious freedom established Plymouth in 1620 as the second English colony in North America. Located in modern day Massachusetts, the colder climate and rocky soil made farming and agriculture more difficult. Instead of growing cash crops, settlers turned to lumber, shipbuilding, and fishing for trade. Unlike the settlers of Jamestown, the Pilgrims of Plymouth Colony were dissenters from the Church of England. They came to the New World so that they could freely practice their religion without fear of persecution. Although their reasons for settling were different, the settlements had many similar experiences. Jamestown and Plymouth both faced harsh and demanding climates and struggled with hunger, disease, and death. In their first years they had much difficulty establishing housing and finding a sustainable source of food. Plymouth Colony in New England While the settlers in Jamestown used the House of Burgesses as a legislative body for laws and decisions, the Pilgrims in Plymouth wrote and agreed to the Mayflower Compact as a set of rules for self-government. Both helped maintain the rule of law in new places far from the courts and tradition of England. Settlers of both colonies experienced complicated and, at times, violent relationships with local Native Americans that owned the land. While some American Indian groups offered help to the new settlers, oftentimes both sides needed to defend themselves from attacks. Nevertheless, the settlers of Jamestown and Plymouth persevered through these difficulties and maintained their establishments, providing inspiration for future colonies and settlers in search of a new life in the New World.