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PPAS 3136 - Coggle Diagram

- - - - Why does this political power need to be limited?
        
        There has to be built in limitations, state can only act when it preserves and takes people's liberty seriously, so law also has a justification of liberty (for a free and democratic society)
        
        This is because naturally, laws comprise rights and freedoms
        
        The state holds the burden of proving that the law is addressing this harm
        
        Who created the theory on limiting state power?
        
        John Stuart Mill
  - - - The legitimacy of law should correspond with our human nature at a baseline
      - Legal order provides tools for self preservation in order to pursue happiness
      - Legitimacy of law requires justification and reasons to comply with it, like the stop sign example , law cannot be only threats
  - - - What is liberalism?
        
        We are all equal, we deserve dignity, we have rights as an ends into themselves
        
        What is the problem with pure liberalism?
        
        In liberalism, the rights of individuals are prior to public good, aka atomized people
      - What is democracy?
        
        The sovereignty is elected by the people, voting of the majority, so people basically are basically indirectly in power in the sense that they create law
        
        What is the problem with pure democracy?
        
        In pure democracy, the good of the collective is superior to individual rights, aka mob rule
      - Now, over the course of >400 years, we have combined the two into a productive tension, and they are suspicious of and offsets the excesses of the other
  - - - No, liberalism says the government cannot do anything with that power
        
        The Charter exists to fill these cracks and gives law more legitimacy, by agreeing that the government can't do anything it wants
      - No, but it helps us get to where we want, although discussions do happen in the courtroom when needed
      - No, once we stop putting our faith in it, everything collapses