lesson 5: the legislature judiciary and bureaucracy Flashcards

1
Q

What are the Five roles of the parliament and public service?

A

Legitimizer, policy maker, creator, financier, scrutineer

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2
Q

legitimizer

A

Legitimize the actions of government
Actions taken in government are rooted in law, passed by parliament

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3
Q

policy maker

A

Role to pass bills formulated by the executive branch
Discuss and approve and refine government decisions as they go through legislature

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4
Q

creator

A

Discuss and debate their mandates, structures, and powers through committee work and question period (reviews ministerial decisions)

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5
Q

most important role in parliament and public service

A

Scrutineer

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6
Q

financier

A

Gov spending and raising of rev needs to be approved by parliament

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7
Q

Scrutineer

A

laws are implemented as intended, if they need to be changed, promote accountability amongst officials, economy efficiency in public programs, discover abuses of public authority, allow parliamentarians to be liaison agents

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8
Q

Ministerial responsibility

A

Confidence rule
Ministers are accountable for decisions of their department

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9
Q

something goes wrong who is responsible ?

A

ministers

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10
Q

officers of parliament

A

Report to parliament

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11
Q

Accounting officers

A

Hold accountability for departments

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12
Q

what is Judicial administration

A

Refers to the operations of the court
Organization management, and operations of courts and court system

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13
Q

is the justice process slow or fast

A

slow

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14
Q

What are the types of provincial courts?

A

Lower courts, superior courts, appeal courts

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15
Q

Provincial (lower) courts

A

Lower provincial courts
Most criminal offences
Money and family matters
and specialized like youth courts

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16
Q

superior courts

A

More serious civil and criminal cases
Used to Appeal lower courts matters

17
Q

appeal courts

A

From the superior courts
Reverse judges decisions possibly
Federal pay, provinces administer

18
Q

types of fed courts

A

Federal court, tax court, federal court of appeal

19
Q

fed court

A

Federal laws and admin agencies
Intellectual property, civil cases related to terrorism

20
Q

tax court

A

Tax assessment appeals

21
Q

Federal court of appeal

A

Appeals from federal and tax court

22
Q

supreme court

A

Highest level of court in canada
Decisions are final from here

23
Q

What are the 3 aspects of court administration?

A

Judicial independence, judicial impartiality, case flow management

24
Q

what is Judicial independence

A

judges to perform adjudicative function free from external influence

25
Q

Judicial impartiality – what is it?

A

Decisions based only on relevant laws and facts presented in court
protect judges from external influence, don’t prevent public of being critical of a judgement made by a court

26
Q

judges are….

A

On their own
Free agents

27
Q

judges are not

A

public servants and not under management

28
Q

Caseflow Management

A

How long it takes a case to work its way through the justice process
Courts and judges are responsible for how quickly cases proceed
Alt dispute resolution methods before going to court or trial – ex. Mediation

29
Q

Administrative law

A

Intended as a check against arbitrary and inconsistent interpretation and application of laws
Those believing they have been wronged by administrative action can seek various forms of relief
exercise of discretionary power by government officials

30
Q

charter

A

Guarantees canadians certain rights and freedoms
Discretionary admin decisions must abide by Charter guarantees and the values they reflect