Midterm POLI 321 Flashcards
1
Q
Regime
A
- Whole of political institutions. Forms of government and principles that make a government legitimate. Principles of the regime must support political institutions
- Interconnected and delicate
- Ecosystem based on two types of principles
- FORM of government and underlying principles that provide legiteimate basis for that FORM of government
- Two types of principles: institutional and political
2
Q
Institutional Princples
A
- FORM
- Parliamentary (Responsible Government)
- Federalism: division in to national and sub-national government
3
Q
Political Principles
A
- PRINCIPLES
- Liberty and Equality
- Liberty: Canada is a liberal democracy which means private sphere ( no place for state in the bedrooms of the nation) , individual rights and respect for minority, rule of law (effective legal order to protect rights) and constitutionalism (government not above the law and the law is applied equally and impartially. regime itself ordered in accordance with a supreme set of agreed upon rules)
- In a liberal democracy there are limits to what the majority can do because of codified rights.
- Individual autonomy as along as you don’t hurt anybody. (Private Sphere)
- Equality: central to democracy, power in citizens equally, equal voice to participate in government
- Representative democracy, better than direct because it is better suited to make decisions on someones behalf and lessens mob rule
4
Q
Liberty
A
- Political principle
- Natural rights: individuals possess rights because they are human beings. inalienable v.s Utilitarianism where liberty is useful as it is a means of providing happiness. no universally valid rights. Harm principles JS Mills, no government intervention unless you are harming others.
- JS Mills onus of proof on gvt to show why the law limiting liberty is necessary and the law is valid only if it prevents direct harm to other human beings
5
Q
Parliamentary Democracy
A
- WHY? because we have become too large for direct governance and the elite representatives are less likely to behave as a mob.
- Chief officers are chosen indirectly by elected representatives (PM and Cabinet) through a process called responsible government.
- Regime belongs to us all equally
6
Q
Why Study Canadian Politics
A
- Democracies need educated citizens
- Consequence is demagoguery: demonizes and whips up passion and creates scapegoats, expectations are too high because you do not know how institutions work, get sold false promises
- Poor civics = poor politics
7
Q
Aristotle’s Politics
A
- How do those who rule understand the purpose of political rule
- Who rules? 1 person, the few or the many
- The one: Kingship for the common good, Tyranny for own interest
- The few: Aristocracy for the common good, Oligarchy for own interest
- The many: Polity for the common good, Democracy for own interest (tyranny of the majority, SOLUTION is checks and balances)
8
Q
Canadian Regime
A
- Canadian regime is a democratic one
- Tensions between liberty and equality = tradeoffs. The constitution reflects that
- Majoritarian/Homogeneous affects everyone the same way(Responsible gvt) V.S Minoritarian/Heterogeneous laws differ from province to province(Federalism)
- Court v.s Parliament: Unelected v.s Elected (Liberty v.s Equality). Court invalidates a law created by elected officials
9
Q
Canada’s Origin (Pre-Confederation)
A
- Britain wins at the Plains of Abraham but choose not to wipe out colonial France. Kept institutions in Lower Canada (own laws 1760) but as more GB people started living in Lower Canada over time conflict arose English minority v.s French Majority
- One colonial government in Lower Canada with no substantive french representation. Different rules, nothing getting done
10
Q
Lord Durham** and Durham Report
A
-British MP and a lord sent to tour Canada to find a solution to the conflict.
Durham Report’s 3 Recommendations
1) Give colonies responsible government
2) Assimilate the French
3) Merge Upper and Lower Canada in to one unit with one government
All three necessary to deal with the “race” (nationality) conflict in Lower Canada
-Assimilation of French to prevent the tyranny of the majority and French/English would enjoy liberal rights on equal footing. Stems from Locke/Hobbe equality of man. W/out assimilation nationalist minorities deprived of liberal benefits
-Responsible government is a principles of self government. Nationalism goes up, assimilation to go up. - Nationalist divisions recognized in law deny liberal rights to minorities
11
Q
Ajenstat on Lord Durhams Goals
A
- Durham was not a racist, a progressive mainstream liberal
- His goals:
1) Convince both French and English that this is in their shared interest
2) Reform will end conflict. Liberal equality fixed the religious conflict in the UK (Civil War) Protestants v.s Catholics
3) Same fix for Canadian ‘race’ relations but went against British Empire policy in colonies. Usually let English rule in colonies. Durham advocating for French participation
12
Q
Ajenstat on Durhams Proposal (Report)
A
- Assimilation: most controversial but needed to diffuse conflict. No institutionalized differences, NOT intended to purge French culture of language. The minority getting a different set of laws and rules exploiting the difference. liberal because liberalism is treating people the same
- Responsible Government: parliamentary reform, checks and balances, accountability created by parliamentary system. Allow formal opposition to have equal footing for both linguistic groups.
- Union of Canadas: neutralize the English. together, the divide between two linguistic groups will balance.
13
Q
Response to Durham
A
-Durham denied and only one proposal was adopted:
Union of Upper and Lower Canada, the least important one.
-Post Durham, assimilation was never implemented but Responsible government was in Nova Scotia in 1848. United Canada’s in 1840 (Act of Union), Canada formed in 1867.
-Responsible Government most significant, still used today
14
Q
Durham’s Political Science
A
- Example of the regime approach through Aristotle’s question: Who governs and for what reason?
- In Lower Canada the few governing in their own interest (oligarchy). This oligarchy was causing the English/French division. The solution: liberal universalism with checks and balances.
- Political Principle = treat everyone the same, formal equality and liberal rights protection
- Institutional Principle = Responsible government (checks and balances)
- Still a problem in Canada with Quebec and Aboriginals, Ethnic minorities
15
Q
Will Kymlicka
A
- Alternative to Durham
- Substantive equality rather than formal equality
- Canadian Political Philosopher
- Multiculturalism, group rights, diversity. In favor of institutionalized differences and recognition of special status is about accommodation and integration of identity in to citizenship
- Aware of challenges, threat to individual rights. but need as much autonomy as possible without hurting others to codify and protect groups from disappearing. Utility of group rights over tension.
1) Self-government: autonomy, decision making over things that affect their group. Quebec and First Nations
2) Accommodation Rights: public/private sphere. Policy/rights or other forms. ex) Sikh RCMP uniform
3) Special Representation Rights: special seats for marginalized groups. hasn’t been implemented, under-represented in past and other unique perspectives.
16
Q
What is a Constitution
A
- Set of rules that authoritatively established both the structure and fundamental principles of the political regime.
- Called the constitution because it constitutes/establishes the regime.
- Made up of conventions, organic statutes and entrenched constitutional law
17
Q
Major Functions of a Constitution (list them)
A
1) Establishes who can exercise political authority
2) Division of Powers
3) Define the limits of government power
4) Orderly way to change/update the constitution
18
Q
1st Major Function of a Constitution
A
- Establishes who can exercise political authority
- Who as in persons, bodies, offices
- 3 Types of Power: legislative which creates (parliament/congress or assembly), executive (PM, monarchy, President) which executes the laws, judicial ( Courts and judge selection) which deals with disputes.
- Specific power, specific source and defines composition of the bodies
19
Q
2nd Major Function of a Constitution
A
- Authoritative Division of Powers
- National v.s regional in federal countries (v.s Unitary States)
- Residual power lies with one level of government, mechanism to solve disagreement
- Residual power (automatically responsible) lies with Federal government in Canada and States in the U.S
20
Q
3rd Major Function of a Constitution
A
- Define limits of government power
- Limitations o the power of the government. Government is subordinate to the constitution (constitutionalism)
- Helps guide the acceptable ways for states to behave.
- List specific limits through a bill or Charters of Rights
21
Q
4th Major Function of a Constitution
A
- Orderly way to change/update Constitution
- Times change so you need a process to amend constitution
- Has been troublesome in Canada
22
Q
Rules
A
- A principle or condition that customarily governs behavior.
- Can be written or unwritten but both need to be followed.
- Constitutional Conventions: political rules that are enforced politically
- Constitutional Laws: legal rules that are enforced legally but courts
- Distinction is not unwritten/written but rather in the way that it is enforced.
23
Q
Constitutional Laws
A
- Judicially enforced and written.
- Organic statutes and Entrenched constitutional laws
- Organic Statutes: establish constitutional rules. too complicated to left as unwritten convention. can be taken to court. legislative source and comprehensive
- Entrenched constitutional law: more comprehensive codification of a wide variety. Section 52 affirms that this is the supreme law of Canada. Social Contract: political regime is established then the ground rules of the regime are established with citizen approval.
- Cover a lot but are written vaguely so up to judicial interpretation through judicial review. Judicial review: defining and applying the terms of the constitution.
24
Q
Constitutional Conventions
A
- Implicit agreements, enforced politically
- Custom or a political rule that rests on good reason not on its codification
- “Court of Public Opinion” enforced by voters.
25
Q
Important Documents Pre-Confederation
A
Royal Proclamation 1763
-Great Britain v.s France, GB wins Battle Plains of Abraham. Carve up colonial possessions. First recognition of Indian title to land. Owes duty to Indians regarding land (Land reserved)
-GB gets New France
Quebec Act 1774
-Protection of French civil law, Catholicism
Constitution Act 1791
-Representative institutions for Upper and Lower Canada
-Legislatures. Gradual movement toward liberal democratic institutions
26
Q
Internal Problems Pre-Confederation
A
- Family Compact (Upper Canada) and Chateau Clique (Lower Canada) small groups of elites controlling colonies, govern however they like. oligarchical regime
- Representative institutions without representative government. Decisions not channeled by the people.
- Rebellions in Lower Canada
- Prior to responsible government there was no link between the colony and the executive branch. After responsible government, the Governor had to choose elected official from the House of Assembly for the cabinet.
27
Q
Events Leading Up to Confederation
A
- US Civil War, Western Expansion? Maritime Union?
- No system of common defense, US may try to expand once the civil war ended. Vulnerable
- Grand Coalition from Unit4ed Canada agree that a new political arrangement is needed. Sir John A. Macdonald, Sir George Cartier (Quebec), George Brown (Toronto)
- Heads of Maritime Union crash the Charlottetown Conference of 1864 and agree to meet again to design a confederation
28
Q
Quebec Conference
A
- 1864
- Equal number of delegates from each colony/province
- Representatives from the government and the Opposition as a strategic move. Both sides must agree, can’t use it as ammunition for the next election
- Quebec Resolutions= BNA Act 1867
29
Q
British North America Act
A
- 1867
1) Federal division of powers with the residual clause remaining with the feds. Brand new level of gvt (feds)
2) Bicameral parliament. Lower House: House of Commons where seats decided by rep by pop. Upper House: Senate. Equal number of seats per region.
3) Provincial debts are wiped clean by new federal government - Protect rights through GB tradition of Parliament. Political minority becomes the official opposition, dissent in electorate. parliamentary supremacy means you can change the law if you do not like it, courts operate differently. Canadians did have rights before 1982
30
Q
Constitution Act Details
A
- Executive power, legislative power, provincial constitutions, division of powers and judicial powers
- Union of colonies in to a Dominion, still under GB rule to an extent (Subjects, GB citizenship,Foreign affairs and final court of appeal, Judicial Committee of the Privy Council)
- Preamble: similar in principle to that of the UK. GB has an unwritten constitution, signal that unwritten constitutional conventions are to be incorporated
- Process for admitting new provinces
- No supreme court S101 meant federal government could make one if need be. SCC Act of 1875 Organic statute
- Part VI Section 91 (federal powers) and Section 92 (provincial powers)
