Parliament Flashcards
Institutions of the Canadian State
Constitution - charter
Federalism
Parliament
- crown
- senate
- commons
Executive
- PM
- Cabinet
Public service
Crown
S. 9 BNA: Executive power vested in Queen
S. 41 (a) Constitution Act 1982 change requires Unanimity
-every province and the fed HofC must agree before any changes are made
GG represents British Monarch
Canadian attitudes split on subject
- whether we should have a crown or not
- doesn’t really matter because the constitutionally methods to get rid of it would be too much
- Quebec is least fond of the British Monarchy
The Executive: Major Theme
Executives are the organizational centre of political systems
Executives have two sets of duties:
1. The performance of ceremonial duties (performed by GG)
- The provision of political leadership
- performed by PM and Cabinet
The Executive Branch
Executive - responsible for implementing the laws made by the legislature
head of state
- symbolizes the unity of the state
- queen of GG representing the queen
- U.S = president
The constitution
-Mat give a head of state important and effective political powers
Ceremonial Executive
Parliamentary govt separates head of state and head of govt
Head of state (GG0 performs ceremonial functions as well as political ones
- divorced from electoral or partisan motivations
- unifying symbol
- Guardian of constitution
The formal executive in Canada: the GG
Julie Payette was appointed in 2017
- represents monarch - formal head of state
- appointed position; alternates between English and French
- GG has little to no practical input into politics
- Many ceremonial duties
- Following British tradition GG (the queen) must follow advice of advisors
The monarch is represented in each province by a Leftenant-governor
Appointment of GG
1867-1890 solely British colonial office
1890-1926 British Colonial office in Consultation
1926 PM recommendation to Queen
Removal of GG
5 year term - often extended with the mutual acceptance
Terminated by Queen
-Position of GG can be terminated by the queen at any point
Who are the GG: British
modest royal dissent
soldiers
ex: politicians
who are the GG: Canadians
Former politicians
- usually politicians, usually partisan links to PM
- Prominent public profile
Roles of GG: Ceremonial
Ceremonial Role
- order of Canada invesitnres, reception of ambassadors, diplomatic relations and credentials, exhibitions, cornerstones, entertainment
Roles of the GG: Political
Royal assent
Appoint PM - Role diminished over time
Dismiss PM
- Corruption
- Election results
- dissolution
- appointments
- advise
GG political role: prorogation 2008
Following fall fiscal update
-notice of Liberal NDP coalition, backed by Bloc ready to defeat govt and become new govt
- conservatives ask GG to prorogue parliament
- Availability of Alternative govt
- Appropriateness of conservative request
- GG grants Conservative request
The Westminster Model
Parliamentary system based on British Example
Includes 3 bodies: the HofC, the senate, the crown
responsible govt
representative democracy
executive must maintain the confidence of the house
Responsible govt
political executive based in the lower house and responsible to it
Representative govt
House of commons is the repository of popular sovereignty
Senate
Sectional representation
- us model
- federalism
Check on democracy
-British model: house of lords
Composition
- federal sectional equality
- Check on democracy: property, over 30, secure tenure
Appointment PM
Limits on Senate Role
Cannot introduce money bills
suspensive Constitutional Veto
Not a confidence chamber
Senators Historical:
- Partisan
- Business
- Men
Senate in Practise
Private Bills
Clean up legislation
Investigative work
Conflict with House
- Split control
- Popular support
Conflict resolution
- Additional senators
- free conference
How are the members appointed to the advisory board
The governor in Council, on the recommendation of the PM, appoints the Advisory Board Members.
Consultations with provincial or territorial govts are undertaken in order to inform the appointment of provincial or territorial members
How long is each Advisory Board member’s term
Federal members of the Advisory Board each serve two-year terms and the provincial or territorial members each serve one-year terms
Constitutional eligibility requirements
Age
citizenship
new worth in real and personal property
Merit-based criteria established by the govt
Non-partisanship
knowledge requirement
personal qualities
Issues in Senate Reform
Method of selection
Composition
Power
Legislatures
Primary Electoral body
-basic representational unit
20th Century trend
- lost power to the executive
- rate for legislature to make significant govt decisions
The change in the senate appointments
Are changes made unilaterally
Organization of Legislature
Number of Chambers
-Unicameral or bicameral
-Bicameral 2 Houses
-Upper house not rep by pop
lower house is always close to rep by pop
- upper house not always elected
- upper house usually not as powerful
The legislature: Unicameral
Takes twice as long
approved twice, approved by each chamber
The legislature: bicameral
having two branches or chambers
more complicated
How many days does the AB legislature sits?
around 44 a year
the control of the govt is much stronger in the provincial legislature in the fed house of commons
Veto Plater of a legislative process
As an actor whose consent is required for the status-quo bill to be changed and amended
bill c-69 changing the way that major energy projects get approved
a bill must be passed in both Houses and given royal “assent” by the GG in order to become law
Functions of Legislatures
Legitimacy
-opportunity for reps of people to have say on political matters
-Confidence of people that they have had opportunity to influence decisions
- provision of obligation
- obey the law because the people we have elected have approved the laws on our behalf
Functions of Legislatures continued
Law making
-pass laws
- make final decisions, dispose of public questions
- pass laws or refuse to pass laws
-approve or disapprove of bills
- does not mean that legislature draws up bills
- subordinate legislation, only a cab minister or a parliamentary secretary can introduce bills
Subordinate legislation
Grant authority from legislature to executive passed as part of a statute (the bill that gets approved in the House of Commons)
- fill in the details
- allows executive to make the detailed rules, regulations, ordinances etc necessary to make a piece of legislation effective
- legislature rarely determines every measure in a bill
- wide latitude for executive in spending money
Functions of Legislative: electoral
- Choice of govt
- key in parliamentary regimes
- electoral college
- responsible govt
- -Votes of confidence
- -Constructive vote of confidence - Choice of presiding officer
- Speaker
- Rules of procedure
- reside over debate
- protect legislature privileges
- assure decorum
Functions of Legislature: Constitutional/Financial
Constitutional
0impossible to change constitution w/o some sort of legislative approval
Financial
- power of purse
- traditional authority of UK House of Commons
- Executives not raise or spend public money w/o legislative approval
Functions of Legislature: investigative
- Determine feelings about legislation
- determine impact of legislation
-Hearings on legislation
–Committees
Powers affected by:
summons
budget
staff support
permanence
selection of chair
Watch dog: watches the activity of a particular part of govt
-Supervise executive
-power of purse
committee hearings
-day to day debate in the HofC
–limits on
–closure/Time allocation
–filibuster
–opposition days
question period
Functions of legislature: constituency service
Constituency service
- ombudperson
- raise concerns of constituents
- rime consuming
- provides concrete results
- involves every member
Ombudperson
official who is charged with representing the interests of the public by investigating and addressing complaints of maladministration or a violation of rights
Legislative officers
Speaker
-Procedure and order
House leaders
- Interacting with the speaking and the other house leaders in terms of allocation of time and organization
- Make an agreement on how much time can be spent on each of the bills
- Approach on if you want to speak on a particular legislation
whips
- Ensure presence of members in chamber
- Ensure members vote appropriately
Committees
Standing committees
- commons committes
legislative committees
special committees
joint committees
-Both senators and the Hoc participate
issues
- Autonomy & control of agenda - determined by the govt in a majority situation
- funds/support staff
Party Discipline
Group behaviour
Punishment for violations
advance discussion
party caucus
trained seals
organize legislature
Parties and the House of Commons
Ensure stable and coherent govt
Party officers
-house leader
-whip
Parties decide time allocation, QP roster, Committee assignments, other assignments
Caucus
-meetings, debates, decisions
Party discipline
- Members behave as part of group
- Sanctions and rewards
Pary Discipline
- Resp govt
- teams/inds
- caucus decisions
- citizen judgement
- reduce interest group role
- Leaders too powerful
- concentration of power
- interests ignored
- MPs demoralized
- Parliament talkshow
The Bill becomes Law
Laws are drafted, then scrutinized by legislative committees
the amount of scrutiny varies from one state to the next
committees vary in power and importance (finance, foreign affairs, multiculturalism)
Committee assignments depend on representatives’ background expertise, interests, and seniority
Powerful committees may keep the executive in check
Public Bills
Employment and social insurance act, income tax act
Money bills
Involve the raising or spending of money
Government bills
Most bills; introduced by cab ministers
Private members’ bills
Bills of a general nature; govt usually “talks them out” until parliament is prorogued
The Caucus
A meeting at which local members of a political party register their preference among candidates running for office or select delegates to attend a convention
Shadow cabinet
the opposition party tries to assign one member of its caucus to shadow a specifc minister
pay particular attention to the proposals coming from that minister
Party whip
ensure party discipline in a legislature
Party Perks
Promotions
Employment if defeated
party organization
