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POL214 > Week 4 - The Executive Branch > Flashcards

Week 4 - The Executive Branch Flashcards

1
Q

3 main aspects of the Legislative branch

A

Legislative branch:
•Represents the people and is accountable via elections
•Debates public issues and bills
•Makes laws (really just passes them)

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2
Q

2 main aspects of the executive branch

A

Executive branch:
•Implements laws (and makes them)
•Be non-partisan at the bureaucratic level: faithfully carry out policies regardless of who forms government

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3
Q

What are the important interdependencies that act as checks and balances?

A

•Prime Minister/Cabinet are drawn from the legislature
•Prime Minister/Cabinet must maintain confidence of the House of Commons (i.e., responsible government)
•Prime Minister/Cabinet appoint justices, judges, and Senators
•Justices can rule whether laws are constitutional

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4
Q

But in practice these checks and balances between branches are much more limited – a fusion of powers. How so? (2)

A

•Majority governments ensure confidence of the House in the Prime Minister and Cabinet is automatic
•Executive branch dominates and legislative branch is unable to serve as a constraint on power (in majority governments)

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5
Q

Define the Crown, in practice what does the crown do?

A

•The King of Canada is the Head of State, and thus head of the executive branch
•In practice, the King delegates her authority to the Governor General, who resides at Rideau Hall
•Governor General: Mary Simon

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6
Q

Three sources of power for the Crown, as exercised by the Governor General:

A

•Prerogative (or reserve) powers
•Constitution Act, 1867
•Letters Patent, 1947

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7
Q

In theory, the Governor General exercises a considerable amount of power, known as prerogative or reserve powers. What are the powers? (5)

A

•Commander-in-chief of armed forces
•Selecting/dismissing the Prime Minister
•Dissolving Parliament and calling elections
•Proroguing Parliament
•Granting royal assent

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8
Q

How are the prerogative powers limited?

A

•Prerogative powers can be limited by the Constitution and by legislation
•Constitution Act, 1867 codified many powers, like royal assent, appointments, and parliamentary diss0lution but subjected them to conditions
•The Letters Patent explicitly transferred powers to the Governor General
•Other powers were removed from the Crown by Cabinet via legislation (e.g., making treaties, matters of war and peace, appointments of ambassadors)

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9
Q

by convention Governor General almost always needs to use powers in a specific way or with the advice of the Prime Minister. What are the powers of the crown in practice?

A

•Appointments, prorogation and dissolution are always done on the advice of the Prime Minister
•Leader of the majority party is always selected as Prime Minister; or leader of plurality party is given first chance to form government
•Royal assent is automatic; dismissal is never used

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10
Q

What was the King-Byng affair and the implications of the event

A

•Liberal government under Mackenzie King had a minority government backed by the Progressive Party
•Election resulted in PC plurality, but King maintained narrow minority with help of Progressives
•Scandal rocked the Liberal Party only a few months later and King requested an election – rejected by GG Byng on ground PCs should be given opportunity Undemocratic, or the right call?

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11
Q

What happened during the 2008-2009 Coalition crisis and implications of this?

A

•Conservatives won a minority government in 2008 election
•Coalition of Liberals and NDP with Bloc support signaled their intent to vote down the government on a motion of non-confidence
•Granted prorogation by GG Michaelle Jean and coalition collapsed with the delay
•What is democratic?

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12
Q

What happened with Tupper’s conservatives in the 1896 election?

A

•Tupper’s Conservatives lost the 1896 election despite capturing the most votes (48% vs. 41%)
•Tupper refused to resign as PM, arguing Laurier wouldn’t be able to successfully form government
•The Governor General – the Earl of Aberdeen – refused to grant appointments to Tupper forcing his resignation

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13
Q

What are the pros and cons of the crown’s roles

A

Pros:
•Prime Ministers are exceptionally powerful, prerogative powers can act as an emergency brake
•Important for office to be completely untethered to partisan conflict

Cons:
•Undemocratic to have an unelected Head of State with such power
•Causes unnecessary tension with French Canada

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14
Q

What is the cabinet?

A

Cabinet is technically where power resides in Canada’s system of government
•“There shall be a council to aid and advise…to be style the Queen’s Privy Council of Canada”
•The actions of the Crown shall be taken “by and with the Advice of the Queen’s Privy Council of Canada”
•All past and current members of cabinet retain title, but only current ministers have power

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15
Q

What is the operation of the cabinet?
- deputy PM
- Junior ministers
- Ministers with major portfolios

A

•Deputy Prime Minister operates as second in command – if one is appointed
•Followed by ministers with major portfolios (e.g., Defense, Public Safety, Finance, etc.)
•Sometimes there are junior ministers (secretaries of state, ministers of state, etc.) whose power varies by prime minister

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16
Q

What is ministerial responsibility?

A

•Another mechanism of accountability of the executive to the legislature is through ministerial responsibility
•Cabinet ministers must explain and defend the actions of their ministry to the legislature and resign in the event of serious controversy

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17
Q

What is the principle of collective responsibility and what does it ensure

A

•All members of cabinet must publicly support and defend the actions of cabinet, known as collective responsibility
•If they publicly oppose a cabinet decision, they must resign
•This principle ensures cabinet can be held responsible as a collective to the House of Commons

18
Q

How does the appointment of Cabinet work?

A

•Ministers must have a seat in the House of Commons, or must soon run to win such a seat (one exception: Government leader in the Senate)
•Provincial balance is of primary importance – as much as electoral results allow – a component of intra-state federalism
•Linguistic balance (French and English) also sought
•Gender and ethnic representation an increasing focus

19
Q

What are the powers of the cabinet
- government expenditure
- statute law
- Orders-in-council

A

•Powers of the Crown vested in cabinet
•All bills involving government expenditure must originate from cabinet
•Private members – both government and opposition – limited to motions and bills involving no expenditure
•Power of cabinet ministers over departments reinforced by statute law
•Ability to issue regulations through orders-in-council; act in a judicial capacity by hearing appeals from regulatory tribunals

20
Q

What are the powers of the PM

A

In truth, its the Prime Minster who wields the power of cabinet
•Appoints and fires ministers
•Chairs cabinet meetings
•Sets policy agenda
•Controls government organization
•Advises governor general
•Sweeping appointment power

21
Q

The Prime Minister also has power as the leader of the governing party. What are these 3 powers?

A
  • Determines who does or does not run as a candidate
  • Can direct party resources towards or away from candidates
  • Exceptional levels of party unity unsure survival of confidence votes in periods of majority government
22
Q

How has the balance of power changed over time?

•“Primus inter pares” – first among equals (1867-1939)
•The Mandarins (1945-1968)
•Institutionalized cabinet (1968-1974)
•Centralization (1974-present)

A

•“Primus inter pares” – first among equals (1867-1939): PM and cabinet ministers on relatively equal footing
•The Mandarins (1945-1968): Powerful cabinet ministers and deputy ministers dominate policy making
•Institutionalized cabinet (1968-1974): Decisions made by cabinet as a collective or in cabinet committees
•Centralization (1974-present): Prime Ministers dominate policy making

23
Q

What are the 4 sources of ministerial power?

A

•Responsible government
•Party leader
•Appointments
•Media exposure
•Weak parties with little policy capacity

24
Q

Two most important components of the policy agenda for the government:

A

1) Throne Speech: a speech at the beginning of each session, delivered by the Governor General, that outlines the priorities of the government for the coming session

2) Budget: main estimates are presented in February or March of every year, and a revenue budget or economic statement every two years outlining future projections

These are automatic confidence votes

25
Q

The Central Agencies are the _____ _________ government agencies and have a direct line to the _____ _________ and ________. What are four central agencies?

A

The Central Agencies are the most powerful government agencies and have a direct line to the Prime Minister and cabinet

•Prime Minister’s Office (PMO)
•Privy Council Office (PCO)
•Finance Department
•Treasury Board Secretariat

Other departments with assigned ministers are known as line departments

26
Q

Define the Prime Ministers office
- composed of? (1)
- function? (4)

A

•The PMO serves as the eyes and ears of the Prime Minister in the bureaucracy
•Composed of partisan appointees loyal to the Prime Minister
•Many functions: correspondence, speech-writing, policy advice, crisis management and media relations, liaison with caucus, party
•Speaks for PM in interaction with bureaucracy; works with PCO to push PM’s agenda

27
Q

What is the Privy Council Office and its four functions

The PCO is the_______ ________, though in practice it principally serves the Prime Minister in a ____________ __________.

A

The PCO is the cabinet’s secretariat, though in practice it principally serves the Prime Minister in a non-partisan capacity.

Several functions:
•Policy advice for PM and Cabinet
•Gatekeeper to Cabinet and PM
•Scheduling and keeping minutes
•Liaison between PM, Finance, Treasury and the line departments providing a coordinating role

28
Q

What is the department of finance and its functions

A

•The Department of Finance is the most powerful agency in the bureaucracy
•Exclusive authority to prepare the revenue budget, budget speeches, and economic statements delivered by the Minister of Finance
•Effectively sets economic policy for the country and the allocation of spending for the rest of the bureaucracy

29
Q

What is the Treasury Board secretariat and its 3 functions

A

•The Treasury Board Secretariat (TBS) is the “Guardian of the purse strings”
•Employment, personnel, and administrative matters within the government, including recruitment and promotion
•Departmental audits, accounting standards and program evaluation
•Prepares expenditure forecasts and main estimates, assesses spending proposals

30
Q

What is the Centralization Theory

A

•Scholars and commentators have both bemoaned an apparent centralization of power in the hand of the Prime Minister and their close advisors
•This has resulted in a decline in power of Parliament, and to an even greater extent cabinet
•Power of the Prime Minister is bolstered by the Central Agencies, especially the PCO and PMO

31
Q

What are the 4 institutional changes that came out of the centralization of power

A

1.PMO and PCO, once small, grew in size and clout
2.Decline of the institutionalized cabinet; important decisions bypass cabinet or at best are decided in small cabinet committees
3.Replacement of ‘expert’ deputy ministers with rotating manager deputy ministers with background in the PCO
4.Mandate letters constrain new ministers

32
Q

Why is executive branch dominant in British Westminster systems like Canada?

  1. The legislative branch doesn’t have the authority to make laws
  2. The courts lack the ability to review legislation
  3. Majority governments and party unity ensure the cabinet and prime minister automatically have support of the legislature
  4. The prime minister is not directly elected by the people
A

3

33
Q

True or false: The legislative branch makes laws, while the executive branch implements them

A

False

34
Q

True or false: The Governor General is free to act against the advice of the Prime Minister when exercising their powers

A

False

35
Q

The powers exercised by the Crown through the Governor General are known as what type of powers?

A

Prerogative powers, reserve powers

36
Q

Which of the following ARE prerogative powers of the governor general? Please select all that apply.

  1. Choose a prime minister
  2. Dissolving Parliament
  3. Disallowance
  4. Cast a tie breaking vote in Parliament
A

1, 2

37
Q

True or false: All bills involving money must originate from cabinet

A

True

38
Q

Private members are…

  1. Government MPs who do not serve in cabinet
  2. Opposition party MPs
  3. Independent MPs
  4. All of the above
  5. None of the above
A

4

39
Q

Which of the following is not an exclusively prime ministerial power?
1. Appointing party candidates
2. Appointing cabinet ministers
3. Appointing senators
4. Provides advice to Governor General on Parliamentary prorogation or dissolution

A

1

40
Q

True or false: The PMO is the largest central agency

A

False

POL214 (11 decks)

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