SCHOLAR: THEORY OF POLITICAL LAW

Legal matters provide an excellent opportunity for policy changes Ex.  post facto (out of the aftermath).  They also serve as precedents in the Judiciary.  The Legislator can analyze matters and create "decrees" by which is proceeded by three readings resulting in a royal decree.  This occurs because the legislator does legal analysis of the case in question while also conducting legal research (Canlii, 2014).  From whence complete, legal planning then takes place.  In policy, governments perform contingency planning wherein they use strategy and tactics to guide the society as per the rule of law.  They use the process of procedural justice to operate.  Procedural justice means that, equity is gained from the process of the rule of law and in that fairness is the result (Canliii, 2014).  A decree is a legal proclamation essentially a power delegated from her majesty or his majesty the Royal line.  Within the modern context however, the role of the Monarch in Canada has been reduced to a figure head.  This means that the Prime Minister and the Governor General assume a large amount of power and authority against the Monarch who rules from abroad.  In the Judiciary, the Judge hands down judicial decrees resulting from rational decision making.  Rational choice says that decisions are a result from perceived pleasure in something (Sens.  2005).  Clearly with the Executive, Legislative and Judicial branches of the government, people within it are operating under a bureaucracy.  Allen Sens says that there is a pulling and hauling when it comes to bureaucracy.  This means that decision makers are negotiating  (2005).  In the Legislator however, royal decrees as per above are actioned through the process of royal assent.  In the Westminster model, legislation goes through a deliberation and scrutiny prior to its presentation to the Monarch.  Specifically in Canada, “bills can be passed through either the House of Commons or the Senate….  From the House where [the process is started] …., parliamentarians debate the idea behind the bill. Once the bill passes the third reading or debate, it passes to the other house, where it goes through the same stages and it becomes law once it has been given to the Governor General for royal assent” (The Center for Constitutional Studies, 2017).  In the Executive, the Prime Minister can only issue decrees in areas that are permitted by the Constitution.  With all this mentioned, it becomes clear that the authority and power of issuing a decree becomes increasingly alluring to legal professionals and advocacy firms.  A public decree is a “power,” and not an “authority.”  This means that citizens must use social mobilization and social movements to gain “power,” in a bid to gain authority in the domestic environment.  A citizen can issue a public decree when the institutions of the government have failed.  The issuance of public decrees happens through the process of determination as the citizen or firm attempts to negotiate and bargain.  Public decrees start by informing the opposition that they have failed them.  For example, this can manifest through such documents as a Condemnation.  A Condemnation is essentially a document that informs the opposition that they have been committing a wrong of some sort.  The document is provided on the basis of pacta sunt servanda- “agreements must be kept; or agreements are legally binding” (Writing Law 2023); in this case the Constitution. 

Public decrees occur through a legal maxim, salus populi est suprema lex or suprema lex salus populi- The welfare of the people is the supreme law. In other words, it means public welfare is the highest law (Writing Law, 2023).  Public decrees have an objective of assentio mentium – The meeting of minds (Writing Law, 2023).  In the process of determination, individuals and firms practice jus in rem – Right against the world at large through jus naturale- natural law- (Writing Law, 2023). Or in other words, a system of law based on fundamental ideas of right and wrong that is natural law, and such decrees are provided on the basis that the person is bona fide (good faith) so as long as it is du jur (by law) per the rule of law.  When the individual has gone through society and the institutions of the government and those have failed, they seek to change the legislations so as to create salus populi suprema lex.  A public decree hence is also when the terms and conditions of the Constitution are not met by the government then a public decree can be considered bearing the individual has proof of the injustice or intent.  Oftentimes people in politics are strategically and tactically targeted.  This means that the individual can experience various scenarios.  Whatever the scenario, the individual makes use of it either through democracy and or polity.  Individuals that are in a ripe situation for democracy have amassed large public support.  This means that the individual can create a social movement which results in social mobilization.  While people that have not amassed public support can take advantage of polity.  Meaning that the individual creates authority through the existing legislation to gain authority at which point can possibly result in power.  These people can socially mobilize at which point they attempt to access democracy to create social movement. 

The formal process for public decrees is to first, create a petition.  With the petition, signatures are amassed.  The signatures reflect the democratic support that the specific public decree has.  When the petition and the signatures are gathered, it is presented to a legislator who then drafts a bill.  The bill then goes through Parliament.  Petitions can be published socially on platforms such as Change.org which prides itself for having victories daily or they can be published on newspapers, prints, etc.  Usually, the individual has to canvas the society to gain support which means that a certain degree of legal communication is required.  This could involve going to events, going through neighborhoods, cold calling etc.  This is part of legal analysis, legal research and legal planning but it is also part of interest articulation, interest aggregation, policy creation and policy implementation (Powel et al., 2012).  Public decrees are henceforth a legal and political process.  Even before these processes, the Scientific Method is used to gather empirical data on the subject matter that is being proposed for change.  Facts, proofs and evidence are collected at this stage.  Therefore, the issuing of public decrees is actually a pretty robust and comprehensive process designed to serve the rights and interest of the population at large.  Lastly, public decrees can also be a form of Engineering if it falls under its standards.  This means that the individual or firm must do the following three things before it is considered, “engineering,” 1.  Any of various particular intellectual activities or combinations  2. The application of engineering principles, and 3. Safeguarding societal interests (Engineers Canada 2023).  With all this in mind, the issuance of public decrees becomes a power of the citizen against a government that may or may not be looking out for that person or firms best interest.  Public decrees can be a valuable tool that Citizens, Lawyers, Politicians, Scientist and Engineers can all use to create effective changes in society.  Using the public decree process means that the individual or firm is in a process of determination.  This means that the individual and or the firm has a different vision than that of the government.  In business, vision is differentiated from mission in that, vision is short term while missions are long term.  What is interesting to note however is that the government always has a mandate.  This means that it is erected for a specific purpose, which is to serve its people per the Treaty of Westphalia and the Constitution thereafter. 

WORK CITED

Dickovick, et al.  (2016).  Comparative Politics.  New York.  Oxford Publication.

Engineers Canada. (2023). Public guideline on the practice of engineering in Canada. Retrieved from: https://engineerscanada.ca/public-guideline-on-the-practice-of-engineering-in-canada#-characteristics-of-professions

NSLegislature.  (2023).  Enforcement of Canadian Judgements and Decrees Act.  Retrieved from:  Enforcement of Canadian Judgments and Decrees Act (nslegislature.ca)

Powell, et al.  (2012).  Comparative Politics Today.  Illinois, USA.  Pearson.

Sens et al. (2005). Global Politics. Toronto. Thompson Nelson. 

 Writing Law.  (2023).  Top 138 Legal Maxims for CLAT and Judiciary.  Retrieved from:  Top 138 Legal Maxims With Meaning for CLAT and Judiciary (2023) (writinglaw.com)

The Center for Constitutional Studies.  (2017).  The Powers of the Prime Minister.  Retrieved from:  The Center for Constitutional Studies

Zariski, A.  (2014).  Uncertainty and Indeterminacy in Law.  Canlii.  Retrieved from:  https://www.canlii.org/en/commentary/doc/2014CanLIIDocs355#!fragment/zoupio-_Tocpdf_bk_7/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zhoBMAzZgI1TMA7AEoANMmylCEAIqJCuAJ7QA5KrERCYXAnmKV6zdt0gAynlIAhFQCUAogBl7ANQCCAOQDC9saTB80KTsIiJAA