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Cornell Notes, Judicial Review, Charter Politics and Charter Critics: Implications for communities
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its items of significance, entitled Critique of the Charter
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Cornell Notes, Judicial Review, Charter Politics and Charter Critics
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CORNELL NOTESClass: Community / Public Law Topic: Critique of the Charter
SHEET Date: 5/25/2016
QUESTIONS NOTES
>A class in itself (within the system), and a class for itself (consciousness of
Knowledge to question the system)
In/for >the materialistic nature of the system and its desires, rather than desiring
A revolution (consider it a key in consent)
>threatens parliamentary supremacy / parliamentarianism & federalism
>threatens classical federalism . power & authority is equally divided over
The provinces and provincial / federal government
>tendency to monopolize power (the fed)
>for the federal gov. to overpower the prov. Is against original principals
Of liberalism
>the charter gives more power to the fed. And is more centralizing, not
Equalizing . the charter is used to limit provincial powers to limit the power
Of individual groups
>the charter gives rights to certain groups, to defend their rights
Think about natural law & religious values against other values
>rights talk and the moral arrogance it breeds are undermining representative
Democracy
Admin law >parliament makes a law , where the government , the executive implements
The law (the institutions/their tribunals : health, education, etc.) ; when you
Challenge what institutions do with the judicial system, then it “becomes”
Part of admin law .
What is admin law >regulating state society relations
>legal limitations on the actions of the government officials (through the
Charter)
>legal rules and institutions used to regulate & control the conduct of the
State in its relations with citizens
Modern administrative state >a regulatory state; it regulates social and economic processes in society ;
It intervenes in the private sphere of citizens activities
>trad. Concerned with defense and maintenance internal order, modern state
Has range of activities; (edu./env./lab./etc.)
>what is not regulated ? (consider a totalitarian state in a soviet society
Compared to capitalism)
Powers of administrative a.) compensation assessment b.) licensing c.)arbitration of disputes
Agencies d.) work place regulation e.)rate setting . agencies often exercise more than
One power or function
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