Machinery Flashcards
What is governance
- The process through which people make decisions that guide their collective lives
- Machinery in action
- Understanding the context in which it is done
Four pillars of governance in Canada
- Liberal democracy
- Constitutional monarchy
- Responsible government
- Federalism
- Governance evolves into good governance which provides standards to evaluate the machinery in motion
Governance defined - it is the answer to the following questions
- Who makes decisions about the public good
Legislature - it provides the process by which the public is represented - How are decisions about the public good made
Legislature - structures how citizens determine what public good is - How are decisions about the public good implemented
Executive executes the decisions and laws, judiciary resolves any conflicts
State
An organized political community occupying a definite territory, having an organized government and possessing internal/external sovereignty
Government
A body that has the authority to enforce, the power to make rules and laws in the state
Legislature
The branch of government with the power to make laws that also has representative capacities
Executive
The branch of government charged with implementing and executing the law and running day to day affairs of government
Judiciary
Branch of government with the power to resolve legal conflicts that arise between citizens, citizens and government or between levels of government
Rule of Law
No individual stands above the law and that government is answerable to the law
Liberal democracy
A form of gov by which
- Decision making power is exercised by the people
- Rights and freedoms are protected for minorities from the majority
- They are protected by a written constitution, statutory law or case law
- Widely differing political and social views that are allowed to exist to compete for political power through periodic elections
Two types of liberal democracy
- Constitutional republic - highest form of power is an individual not a monarch (ex UN)
- Constitutional monarchy - monarch is highest power
Constitutional monarchy
Form of government established under a formal system that acknowledges an elected or hereditary monarch as the head of state
Three parts of Canada’s constitutional monarchy
- Crown - made of the queen and her reps
- Parliament - Federal = crown + HOC + Senate, Provincial = Crown + prov legislature
- Judiciary - courts
Constitution Act, 1867
- The “operating system” for Canada
- Vets executive power in the Queen
- Provides a parliament for Canada - Queen, elected/non elected members
- Makes specific provisions for the exercise of legislative power by parliament
- Provides for the establishment of a judiciary
- Section 91/92 - what areas of law fed/prov can make
- Section 93-95 - some fed jurisdictions have to work together to make law
Conventions
- Consists of unwritten rules and principals that are known, understood and accepted by those who hold elected and appointed office
- Most important convention is responsible government
Responsible government
- System of liberal democracy where an elected government is responsible to an elected legislature rather than to the monarch
- In Canada - that means that PM and Cabinet must always have the confidence of a majority of elected members of HOC
- Those who exercise power are responsible to the people
Historical responsible government
- Comes from 1830-1840 and the Durham Report
- Upper and lower Canada rebelled because they were angry that the executive was appointed by cabinet
- Lord Durham introduced concept that those executing law are responsible to the people
Ministerial Responsibility
- Principle that ministers (members of cabinet) are:
1. Individually responsible to the parliament for the exercise of powers assigned to them and their departments - held accountable through question period
2. Collectively responsible to parliament for decisions of the cabinet
Party government
System of government where political parties are the primary method of political organization
Political parties
Freely formed private coalitions of citizens who pursue shared political interests by having their candidates elected in hopes of forming gov or by simply advancing a policy agenda or promoting their definition of the public interest
Federalism
- System of government in which power is divided between a central gov and provinces/states or where each level of gov has its own powers and obligations to provide services and raise revenues
- Every province has its own: crown, legislature, judiciary
- Territories are given power by devolution and most revenues come from the fed gov
- Residual power is with the federal gov
Municipalities
- Only exist because provs allow them to - authority given by constitution (with whatever powers/structures they see fit)
- No constitutional power or formal legal recognition
- Issues are around budgets
- It spawns intergov relations - try to figure out how to exercise their power in a coordinated way
Legislatures - 3 key functions
- Representation
- Law-making
- Oversight
Legislature and Representation
- Primary method whereby citizens choose spokespeople to represent themselves in deliberations over the common good
- Their needs and concerns are brought into the policy process
- This leads to less things that are prescribed and more debates
Legislature and Legislation
- Primary process by which citizens deliberate over the common good
- Primary goal is to allow the majority to make decisions effectively/efficiently while protecting the rights of the minority and giving each member the right to voice their opinion
Legislature and Oversight
- Legislature’s duty to hold the executive accountable for how it implements legislation
3 ways of holding them accountable
1. Legislative activities - question period - members of legislation question the exec on how they are doing their job
- Legislative committees - happens during 2nd reading of new bills, claus by claus review, also review departments and budgets
- Offices and officers - independent offices with different functions - ex auditor general who reviews how gov spends money
The Executive - 3 components
- Branch of gov with the authority to give effect, execute or implement laws as passed by the legislature
3 Components
- Symbolic executive
- Political executive
- Permanent executive
Symbolic executive In Canada
- Official who fulfills the symbolic role of HOS
- Constitution - Queen = HOS, executive power is hers
- Convention - GG/LG are bound to act on the advise of elected reps who belong to the party that has the confidence of the legislature
Political executive in Canada
- Political reps who exercise authority over the direction of gov action (elected officials)
- In Canada, the political executive is the Cabinet/Ministry
- Fed = PM, Prov = Premiers
Permanent executive
- Public admin - the system of authority, people, offices and methods that political executives use to achieve defined objectives
- Normally divided into specialized depts, each with its own piece of foundational legislation
- Mandated by the legislature to operative and give effect to laws in certain areas
Local governance
- Governance impacts people’s lives at the local level because many public services are delivered at that level
- Heart of local gov is the council - primary method by which citizens within the geographic area of the municipality can elect reps to exercise power given by the municipality
- Council is executive and legislative in one with no distinguished executive
- Mayor’s power is delegated from council - only has power to influence moral authority and call press conferences
Good governance and elections
- The foundation of good governance is the right to free and fair elections include in the 1984 universal declaration of human rights
- Elections are the primary method used by citizens to select their reps
- Many international bodies have adopted this to describe good governance where elections are concerned
- Districting
- Election Admin
- Suffrage and registration
- Civic education
- Candidates, political parties and campaign spending
- Media access/freedom of speech and expression
- Balloting
- Election observation
- Resolution of election disputes
Good governance and elections - Districting
- Good governance requires that election systems provide for the organization of clearly demarcated voting districts
- Need a clear transparent process for how they are drawn
- Elections Canada does the riding creation
Good governance and elections - Election Administration
- Good governance requires that election commissions/bodies are in place to ensure that the election machinery functions
- Training programs, establishing actual voting process, printing ballots, counting them
- Needs to be an independent body of some type - if it reports to gov it questions the independence of results
- Elections Canada reports to the legislature which has set out their responsibilities for carrying out the election
Good governance and elections - Suffrage + Registration
- Good governance requires that election systems clearly state who has the right to vote
- Age, citizenship, residency and mental requirements
- Registration is an ongoing permanent system so they know who can vote and the info is available to parties
Good governance and elections - Civic Education
- Good governance requires that election commissions provide timely info to the public about all key election procedures
- Presented in language that includes minorities
Good governance and elections - Candidates, Political Parties and Campaign Spending
- Equal treatment of candidates - needs to be fairness for who can run, funding needs to be equal for everyone, need periodic financial reporting
Good governance and elections - Media Access/Freedom of Speech and Expression
- Good governance requires that political parties and candidates be provided with access to media and equal treatment in media owned and controlled by the state
- All candidates must be offered the same ad rate
- Elections Canada prescribes when media can occur
Good governance and elections - Balloting
- Good governance requires secrecy of the vote, mobile voting etc
- No individual ballot should be marked by a voter
- Voters to have access to voting if they can’t go to the poll
- Counting ballots - observation = open transparent process
- Public announcements about poll by poll results
Good governance and elections - Resolution of election disputes
- Good governance requires the provisions of mechanisms and remedies to effectively enforce citizen’s electoral rights
- Needs to be appealable to the courts in some way
Chief Electoral Officer
- Appointed by and responsible to Parliament - 10 year term
- Has overall responsibility for the federal electoral process under the Canada Elections Act
- Can only be removed by specific cause by GG
- Salary can only change with legislature changes, which increases independance
Returning Officers
- Responsible for actually conducting elections in each constituency
- Appointed to give more independence to elections
- Cannot be seen as having political affialiation
Calling Elections
- Constitutionally must be held every 5 years
- PM/Premier asks to have Parliament dissolved and have writ of election sent to ROs by CEO - this initiates the election
- Once the election is called, the Canada elections act regulates how/when elections take place
- Minimum 36 day period