The Instruments of D/democratic Government and Governing

AuthorGregory Tardi
 
The Instruments of D/democratic
Government and Governing
Setting a Path Toward Better Understanding
e f‌irst proposition of this study is that participatory citizenship
requires a more thorough understanding of D/democratic govern-
ment and governing than what currently prevails. us, studying
public law, public policy and administration, and political science
singly is inadequate to the understanding necessary for eective
and participatory citizenship. An interdisciplinary frame of mind
becomes necessary, together with a methodology that enables study
of the interactions and of the balance of forces among the several
topics in question. As D/democracy is contingent on the rule of law,
the force of law prevails over policy and politics.
e path toward better understanding f‌irst requires a suitable
methodology. In this instance, “suitable” must be taken as a syno-
nym not only for novel but also for practical. Political law will add
nothing to our knowledge o f government and governance if it me rely
replicates existing perspectives. Great scholars have devised a num-
ber of ways of analyzing the place of law in D/democratic society.
e literature of law and politics is abundant in this regard. How-
ever, these books use a method of analysis with a predisposed frame
of reference and examine the law in a predetermined conceptual
framework. For this study, it is more appropriate to survey the evi-
dence neutrally, without any philosophical predisposition. Political
law strives for a comprehensive overview of the legal system, as do
other studies. In contrast to other studies, however, what it looks at
is the actual use of the specif‌ic instruments of governance and at
the relationships of inf‌luence and power among those instruments.
It derives its conclusions about the rule of law from the evidence of
the relationships among the instruments.
Accomplishing the analytical aim of political law requires famil-
iarization with all the various categories of instruments of govern-
ment and governance. It also needs the vision to categorize these
instruments properly. Considering the multiplicity of instruments
of all types in a modern, developed D/democratic state, this initial
phase of study can seem challenging. In fact, this is a most interest-
ing gateway into the structure and mechanics of government.
Recognizing the Law of Public Institutions and
Administration (LPIA)
It may be asserted that all public law relates, in some fashion, to the
structure of government and the conduct of public aairs. However,
not all public law is equally relevant to the specif‌ic matters and
issues of concern to political law.
Constitutional Law
Questions of national concern capture the most public attention.
us, the best-known area of public law relevant to statecraft, con-
sidered to be the pinnacle from which to take a legal perspective
on government, is constitutional law. In the specif‌ic Canadian
context, the traditional focus of constitutional law since Confed-
eration was originally federalism. With the incorporation of the
Canadian Charter of Rights and Freedoms into the constitutional fabric
in , the def‌inition and assurance of Charter rights has in large
measure overtaken federalism as the subject of primary attention in

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