Modern Citizens & Rights

Question 1

Rights

Answer 1

Individuals claims to freedoms or entitlements which often involve corollary obligations from other individuals, society, and government

Question 2

Source of Authority for Rights in different century

Answer 2

1. Natural Rights : Natural Law (17th C)
2. Citizens/Civil Rights : Sovereign States (18th C)
3. Human rights : UN

Question 3

Evolution in Human Rights (2)

Answer 3

From Individual to Collective Rights to New Mechanisms for Enforcement

Question 4

Joseph Schumpeter

Answer 4

Author of Capitalism, Socialism, and Democracy (1942)
One of the greatest economists of the 21st century
Believed innovation is the driver of the economy and that government intervention increased inflation, destroying the economy.

Question 5

“Life, Liberty and Property”

Answer 5

From John Locke, Two Treatises of Government, 1689
(These are INALIENABLE RIGHTS)

To execute the Law of Nature (to punish others if they threaten your life, liberty or property) → this right is given up to the state

To preserve these three rights, you will create a SOCIAL CONTRACT with the government, who will take care of the fourth right for you
- If government begins to violate inalienable rights, the government is to be dissolved and reimposed by the people

Question 6

Jeremey Bentham; Nonsense Upon Stilts

Answer 6

Utilitarian critique of natural rights
“Nonsense upon stilts’” J.S Mill’s main instructor
- Natural rights have no basis

Only rights which count are POSITIVE rights (existing in law) that are written down in law
Natural rights are elevated by rhetoric

Question 7

TH Marshall; Citizenship and Social Class

Answer 7

1950

• Social rights are as important as civil/political rights to narrow wealth inequality
• Creation of welfare states

Question 8

Deliberative Democracy

Answer 8

Influenced by ideas of Jurgen Habermas

Model suggests that voting and exercising a political choice is not enough; true democracy must allow choices to be developed through discussion and reflection;

Public debate increases rationality and legitimacy of choice
-skeptical about direct democracy (quality over quantity)

Promoting altruism rather than self-interest / however may take too long and lead to decision paralysis

Question 9

Cosmopolitan Democracy

Answer 9

Cosmopolitan democracy refers to a model of political organization in which citizens, regardless of their geographical location, have rights to political participation through representation in global affairs in parallel with and independently of their own government

Argues that citizens of nation states are affected/dominated by forces beyond home countries, then leaders must ensure democracy in an international context

International institutions should control global developments and be accountable to democratic control
- International communities like EU, etc… regional parliaments with binding to international law

Question 10

Joesph Schumpter

Answer 10

Author of “Captialism, Socialism and Democracy”, 1942-1961

Associated with democratic elitism, ‘protective’ theory of democracy in
Reacting to inevitable role of elite in political decision-making
Active participation of citizens in political decision-making is unrealistic and undesirable b/c mass participation is not important in modern democratic societies (most are content leaving decisions w/ elites); mass is emotive with authoritarian values (e.g. hitler, mussolini)

Suggests that people choose leaders but not the decisions made
Leaders are not accountable to electorate

Question 11

The Problem of Majority Rule (4)

Answer 11

Democracy means accepting the will of the majority (majoritarian)

1. More than 2 alternatives on which voters can have preferences
2. A government elected with majority support may deny majoritarianism
3. Every decision leaves some people in a minority, who cannot be obliged to follow rule. Wolff argues only legitimate state is anarchy
4. Problem of permanent minorities leads to consociational democracy (sharing of power in divided societies)

Question 12

Universal Declaration of Human Rights

Answer 12

Fundamental Rights of Humans over the World

The 30 rights and freedoms set out in the UDHR include the right to asylum, the right to freedom from torture, the right to free speech and the right to education. … It also includes economic, social and cultural rights, like the right to social security, health and education

Question 13

UN Covenant on Civil and Political Rights

Answer 13

The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial

Question 14

Canadian Charter of Rights and Freedoms

Answer 14

The Canadian Charter of Rights and Freedoms sets out those rights and freedoms that Canadians believe are necessary in a free and democratic society. The Charter is one part of the Canadian Constitution. The Constitution is a set of laws containing the basic rules about how our country operates

Question 15

Limitations on the Charter of Rights

Answer 15

Section 1 of the Charter is often referred to as the “reasonable limits clause” because it is the section that can be used to justify a limitation on a person’s Charter rights. Charter rights are not absolute and can be infringed if the courts determine that the infringement is reasonably justified

Question 16

The Non Withstanding Clause

Answer 16

The notwithstanding clause — or Section 33 of the Charter of Rights and Freedoms — gives provincial legislatures or Parliament the ability, through the passage of a law, to override certain portions of the charter for a five-year term (some exceptions