Actors/Ways of Making Law

Question 1

Who has formal executive power in Canada, and what part of the constitution establishes it?

Answer 1

The Queen/King (represented by the governor general), C.A. 1867 s. 9 (formal executive power vested in the queen)

Question 2

Prime Minister and his cabinet

Answer 2

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.

Question 3

Primary legislation vs. subordinate legislation

Answer 3

Primary legislation- created directly by parliament. Subordinate legislation- regulations made by agencies through delegation

Question 4

What section of the constitution act establishes the existence of legislature?

Answer 4

C.A. 1867 section 17- existence of parliament- “one parliament consisting of the queen, senate, and house of commons”

Question 5

Three factors of judicial independence

Answer 5

Security of tenure, financial independence, administrative independence

Question 6

Four different types of law makers

Answer 6

Legislature, judges, executive & administrators, law enforcement officers

Question 7

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.

Answer 7

Expenditure of money / public spending

Question 8

Committee Hearings

Answer 8

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

Question 9

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.

Answer 9

TRUE

Question 10

Who comprises the formal executive of the federal government?

Answer 10

The Queen/ governor general

Question 11

Who comprises the informal executive of the federal government?

Answer 11

Prime Minister & his cabinet

Question 12

Who comprises the informal executive of the provincial government?

Answer 12

Premier and his cabinet

Question 13

Who comprises the formal executive of the provincial government?

Answer 13

The queen / Lieutenant-Governor

Question 14

Two other actors in the executive, aside from the prime minister/premier

Answer 14

Government departments & administrative agencies (run by Ministers), and law enforcement agencies (Mounties, Provincial Police, Municipal police)

Question 15

Functions of the informal executive government?

Answer 15

Create, administer, and enforce policy & legislation

Question 16

Three ways the informal executive government is held accountable?

Answer 16

Elections, committee hearings, rule of law

Question 17

Departments vs. agencies

Answer 17

departments are directly controlled by government, agencies have some (but minimal) government interference in daily operations

Question 18

Four functions of departments and agencies

Answer 18

investigation/policy, rule making, adjudication, & discretionary decision

Question 19

Which government is responsible for appointing & paying supreme court, superior court, and federal court judges?

Answer 19

The federal government

Question 20

Which government is responsible for appointing & paying provincial court judges, and staffing/administering Superior courts?

Answer 20

the provincial government

Question 21

Which government creates rules for criminal procedure?

Answer 21

Federal

Question 22

Which government creates rules for civil procedure and controls administration of justice?

Answer 22

Provincial

Question 23

The Canadian Court system is…

Answer 23

UNITARY AND HIERARCHICAL

Question 24

What are the differences between legislatures and judges?

Answer 24

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

Question 25

Citizenship as a social status vs. legal status

Answer 25

Legal status: citizenship comes with certain legal rights- ex passport, right to vote. Social status: citizenship comes with a sense of belonging

Question 26

What are the three rights T.H Marshall argues are necessary to social order and equality?

Answer 26

Civil rights, political rights, social rights

Question 27

Atomistic vs. Ants

Answer 27

atomistic: prioritizes the rights of individuals in society, ants: argues that group rights are just as important as individual rights

Question 28

Three types of minority rights protection according to Kymlicka and Norman

Answer 28

special representation rights, multicultural rights, self-governance rights

Question 29

Negative rights vs. positive rights

Answer 29

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.

Question 30

Formal equality vs. substantive equality

Answer 30

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

Question 31

What are the limitations of non-constitutional rights protection?

Answer 31

judicial reluctance, strict interpretation, legislative supremacy

Question 32

What is the purpose of the charter?

Answer 32

so everyone in civil society can enjoy fundamental rights, freedom, and equality, each w/ absolute dignity – no matter their race, religion, history, etc.