Actors/Ways of Making Law Flashcards
Who has formal executive power in Canada, and what part of the constitution establishes it?
The Queen/King (represented by the governor general), C.A. 1867 s. 9 (formal executive power vested in the queen)
Prime Minister and his cabinet
Leading political actors, control bureaucracy and public order. Determined by the party that wins the most seats in legislature– overlap of executive (prime minister) and legislature.
Primary legislation vs. subordinate legislation
Primary legislation- created directly by parliament. Subordinate legislation- regulations made by agencies through delegation
What section of the constitution act establishes the existence of legislature?
C.A. 1867 section 17- existence of parliament- “one parliament consisting of the queen, senate, and house of commons”
Three factors of judicial independence
Security of tenure, financial independence, administrative independence
Four different types of law makers
Legislature, judges, executive & administrators, law enforcement officers
In addition to the house of commons, the senate can propose bills to legislature on any matter, EXCEPT for one thing. Bills regarding this one thing can only be proposed by the cabinet in the HOC.
Expenditure of money / public spending
Committee Hearings
proposed bill is sent to appropriate standing committee: members of the public, experts, etc. invited to hearing. Committee creates a report of how it may support the bill and suggested amendments
True or False- when a bill is proposed, it must maintain confidence of the legislature (majority vote) the entire time. If, at any stage, it loses this- the bill is thrown aside.
TRUE
Who comprises the formal executive of the federal government?
The Queen/ governor general
Who comprises the informal executive of the federal government?
Prime Minister & his cabinet
Who comprises the informal executive of the provincial government?
Premier and his cabinet
Who comprises the formal executive of the provincial government?
The queen / Lieutenant-Governor
Two other actors in the executive, aside from the prime minister/premier
Government departments & administrative agencies (run by Ministers), and law enforcement agencies (Mounties, Provincial Police, Municipal police)
Functions of the informal executive government?
Create, administer, and enforce policy & legislation
Three ways the informal executive government is held accountable?
Elections, committee hearings, rule of law
Departments vs. agencies
departments are directly controlled by government, agencies have some (but minimal) government interference in daily operations
Four functions of departments and agencies
investigation/policy, rule making, adjudication, & discretionary decision
Which government is responsible for appointing & paying supreme court, superior court, and federal court judges?
The federal government
Which government is responsible for appointing & paying provincial court judges, and staffing/administering Superior courts?
the provincial government
Which government creates rules for criminal procedure?
Federal
Which government creates rules for civil procedure and controls administration of justice?
Provincial
The Canadian Court system is…
UNITARY AND HIERARCHICAL
What are the differences between legislatures and judges?
Pace of change, focus of institution, orientation of institution (passive vs. active), responsiveness to public pressures (partial vs. impartial), requirement of justification, better placement to deal w/impacts of technological & social change
Citizenship as a social status vs. legal status
Legal status: citizenship comes with certain legal rights- ex passport, right to vote. Social status: citizenship comes with a sense of belonging
What are the three rights T.H Marshall argues are necessary to social order and equality?
Civil rights, political rights, social rights
Atomistic vs. Ants
atomistic: prioritizes the rights of individuals in society, ants: argues that group rights are just as important as individual rights
Three types of minority rights protection according to Kymlicka and Norman
special representation rights, multicultural rights, self-governance rights
Negative rights vs. positive rights
negative rights: prohibits government actions from interfering with one of your rights. Government will not limit you, but will not help you either
positive rights: government must take positive action to provide you with a right.
Formal equality vs. substantive equality
Formal equality: laws treat everyone equally as long as everyone is subject to the same law
Substantive equality: laws sometimes need modifications to ensure everyone actually gets equal access
What are the limitations of non-constitutional rights protection?
judicial reluctance, strict interpretation, legislative supremacy
What is the purpose of the charter?
so everyone in civil society can enjoy fundamental rights, freedom, and equality, each w/ absolute dignity – no matter their race, religion, history, etc.
