The Necessary New Study: Political Law

• Author: Gregory Tardi
• Pages: 59-68

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The Necessary New Study:

Political Law

The Def‌inition of Political Law

e need for the best possible understanding of government and

governance is not fulf‌illed, or at least not adequately, by the existing

studies of the conduct of D/democratic public aairs. e trad-

itional branches of public law, political science, and public admin-

istration each deal with their particular perspectives on government

and the workings of governing. However, none of them deals with

all of the various types of instruments of governance, with their

mutual relationships, and with all these considerations within the

context of D/democracy and the rule of law. is realization must

inevitably lead observers of the conduct of public aairs to conclude

that, while existing forms of study of government and governance

are helpful, each of them, taken separately, is insucient. A new

study is necessary to understand the structure and processes of the

modern, D/democratic state more accurately.

In the early years of the Canadian Confederation, the primary

focus of public law, that is in constitutional law, was on federalism.

e attention paid to the traditional standards of democracy and

the rule of law was more occasional. Starting in the s, the use

and impact of the Canadian Charter of Rights and Freedoms achieved