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Chapter 3 Questions CLN 4U
Question 1-3, 6, 10 on page 83 1) Tyranny of the majority means majority rule. The majority voice ultimately gets its way, and ultimately the minority can be treated unfairly • Eg. Imposition of slavery on the minority population in the United States.
2) Sovereignty means that a government has authority to rule without interference from outside nations. Jurisdiction refers to the limits to authority or power in a variety of circumstances. Eg. Municipal police cannot investigate crimes under the authority of the RCMP
3) International law limits the concept of sovereignty in a number of ways a) international agreements such as NAFTA and KYOTO protocol limit power of nation state • Governments must abide by the rules and regulations of the agreement, even if they disadvantage some citizens b) Members of United Nations are bound by rules. Allows UN to deal with hate crimes etc.not the sovereign country)
6) Legitimacy means the lawful right to inherit property or title. One example would be when a person dies without a will, and it must be determined who has the legitimate or lawful right to inherit.
7) Ownership in a community ruled by law could be defined as having legal title to a property. In a community not ruled by law, ownership may simply be possession of something
8) Not really possible to have a right without a duty - eg. individuals right to life imposes a duty on the gov’t to protect the person from others
9) Taken literally, the right to life accorded by the Charter does impose such an obligation. BUT because of the reasonable limits clause in the Charter, likely the courts would argue such a burden unreasonable.
10) Equality means treating everyone the same regardless of circumstances. For example, if a pregnant woman were not given a maternity leave Equity means treating cases alike in the spirit of fairness. For example, a pregnant woman loses her job because she has a child.