Week 4 Readings

Question 1

(Chapter 3) Ned Frank’s thesis:

Answer 1

Governor General made the right decision:

• it would have been the King-Byng Affair all over again, Harper would have continued his inflammatory attacks on the coalition plus the GG, would have divided the country from east-west to English-French, and the coalition would not have lasted long anyway.

Question 2

The Governor General’s role in parliamentary democracy

Answer 2

• a fail-safe mechanism (an independent official needed on those rare occasions to protect the functioning of Parliament)
• a referee who ensures that the basic rules are being obeyed
• reserve or prerogative powers: summon, dissolve, prorogue Parliament

Question 3

The PM’s decision to suspend Parliament was unconstitutional because:

Answer 3

1. he prevented Parliament from doing their job in expressing their non-confidence and their support for an alternative government that would have confidence; and
2. he already postponed a confidence vote by a full week without being held to account for it

Question 4

(Chapter 4) Andrew Heard’s thesis

Answer 4

The Governor General’s decision to suspend and prorogue Parliament created political repercussions. A new political precedent has been set where a PM can suspend Parliament for any reason at all. Now the only significance the House of Commons has is to threaten the PM with a vote of non-confidence.

Question 5

Constitutional Conventions according to the Supreme Court?

Answer 5

• the purpose of constitutional conventions are to ensure that the legal framework of the constitution is operated in accordance with constitutional values or principles (democratic principle)
• Constitutional Conventions + Constitutional Law = Total Constitution of of the country

Question 6

What is the democratic principle?

Answer 6

The powers of the state must be exercised according to the wishes of the electorate (voters).

Question 7

According to Brian Slattery, why is the Governor General important?

Answer 7

• The GG’s role is to appoint a PM that leads the majority party. If there is no majority party, then somebody from the minority party or a coalition that can still command confidence
• The GG’s role is to ensure that the PM does not attempt to govern without the confidence of the House
• The GG’s role is to ensure that the principle of Responsible Government is observed, they are the protector of the constitutional order

Question 8

Patriation Reference concerning constitutional conventions:

Answer 8

the main purpose of constitutional conventions is ‘ensure that the legal framework of the Constitution will be operated in accordance with the prevailing constiutional values and principles of the period.’

Question 9

What is the Culture of Justification?

Answer 9

• an exercise of power must both be justifiable and justified
• an exercise of public power is only appropriate where it can be justified to citizens in terms of rationality and fairness

Question 10

Why is justification regarding decisions critical?

Answer 10

1. alleviates concern that a decision was made by ulterior and nefarious motives
2. ensures that a decision is reasonable, legitimate, and valid
3. promotes transparency and accountability

Question 11

Sossin and Dudek’s thesis (Chapter 7) regarding the Governor General and disclosure:

Answer 11

• the Practice of Non-disclosure (by PM and GG) is not a convention but a leftover of Canada’s past and not consistent with a 21st century democracy
• the GG’s roles should adapt to modern Canadian constitutional princples