What is the Modern State?

When did the State emerge?

16th-17th Centuries

Why did the state emerge in the 16th/17th century?

• It was a response to the Catholic Churches Authority in the 16th C

• It was a response to the English Civil War in th 17th C

• Treaty of Westphalia (1648)

What is the Treaty of Westphalia?

• A treaty that ended the 30 year war

• provided the foundation of the modern state

  • introduced the idea of:

    • secular authroity

    • parlimentary repersentation

    • territorial integrity

What are the basic tenants for the early modern state?

1. Secular Authority

2. Sovereign Law making power

3. State’s Purposes

   1. create order and security

   2. defend territory against other states

   3. preserve rights and govern citizens

What are the two modern definitions for a state?

1. A State as a country is a political and legal entity

2. States as a governing entity is a tool of government (State doesn’t equal government)

What are the 6 parts/ functions of a modern state (Western and Democratic)

1. Legislative (Pass Laws)

2. Executive (Develop and enforce laws)

3. Judicial (Interpret Laws)

4. Administrative (Administer/ provide advice on laws)

5. Socialization/Educational Function

6. Coercive Function (Police, Military, Prisons)

What is a constitution?

the Fundamental principles, rules and conventions by which a state is governed.

What is a modern constitution?

• a basic contract between states and citizens

  • focuses on “the people”

  • separation from church and state

  • limits executive power

What does the Canadian Constitution highlight?

1. Distribution of power

2. Process of decision making

3. Rights of citizens

4. Arbitration of disputes

5. Basic foundations for laws

What is the [Canadian] Constitution Act?

• 1867

• Parliamentary sovereignty

• Division of powers (Federalism)

• created the dominion of Canada

What was the War Measures Act?

• 1914

• A suspension of civil rights in time of war

• Used in WWI, WWII, and the Crisis in Quebec?

What was a War Measure Act of 1914 replaced with?

The Emergencies Act of 1988

What do the Aboriginal Titles and Treaties in the Canadian Constitution highlight?

1. 1763 Royal Proclamation

2. 11 Numbered treaties (1871-1921)

What does the 1783 Royal Proclamation state?

• Indigenous title to land was recognized

What was the Canada Act?

• 1982

• The Final amending power in Canada (Made Canada fully independent)

• Charter of Rights and Freedoms