week 5: Parliament Flashcards

parliament

1
Q

Types of legislatures

A

Arena legislatures: policy initiatives come from outside and legislative serve primarily as a vehicle of representation and debate

Transformative legislatures: policy is created within the legilsature

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2
Q

Functions of Parliament

A

Legislative: they pass bills that originate typically in cabinet

Representation

Government oversight

Legitimation

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3
Q

Service representation

A

A big part of the job of any MP is to act as a representative of their constituents in interactions with the government

Involved helping their constituents navigate the
government bureaucracy

MPs get large budget for the management of a constiuency office for this purpose

42% of MP time devoted to constituency work

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4
Q

Constituency Representation

A

Expectation that politicians deliver benefits to their constituency

Money bills often feature pork barrel benefits to attract votes for individual MPs and aid their re-election bids

This feature of representation is less apparent in Canada than in the US

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5
Q

Symbolic Representation

A

Legislatures also have a role in symbolically representing social groups

15% visible minority; 29% women in the house of commons

Lawyers and business owner heavily represented

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6
Q

Policy Representation

A

Policy representation can mean different things

Party interests

Ideological interests

Special interests

Constituency interests

Party discipline ensures representation is dominated by partisan interests

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7
Q

Government oversight

A

Parliament serves as a crucial venue for debate

Can spark changes in media coverage and public opinion that may get governments to change course

Also, reinforce the open and competitive qualities of Canadian democracy

It institutionalizes doubt by forcing governments to respond to opposition

Question period: provides a critical venue to hold the government to account, which has a major influence on news coverage (45 minutes)

Committees can serve as a venue to ask deeper questions about legislation and provide an avenue for amendments

Opposition days allow opposition parties the ability to set the agenda

Perhaps most important are the politically independent officers of parliament

Auditor general

Ethics commissioner

Public sector integrity
commissioner

Parliamentary budget officer

Privacy commissioner

Information Commissioner

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8
Q

Legitimation

A

The procedures of parliament to provide openness, transparency, and accountability contribute to the democratic legitimization

Bills are given the opportunity for debate and passage by a democratically-elected body

Mobilization of consent

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9
Q

Structure

A

Bills must be passed by two co equal on paper chambers of parliament, but by convention senate can only delay passage or recommend minor revisions

House of commons: MPs elected by voters using a first past the post electoral system (single members districts, plurality winner) rep by pop

Senate: senators appointed by PM; equal regional representation

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10
Q

Legislative Process: How Bills Become Law

A
  1. First reading: introducing the bill
  2. Second reading: debating the idea
  3. Committee stage: discussion and hearing witnesses
  4. Report stage: back to the chamber
  5. Third reading: debate and vote
  6. Sent to another chamber
  7. Royal assent: becoming a law

FISH SEASONING CAN REALLY TURN SEAWEED RED

Significance:

How Bills Become Laws significant due to their constitutional purpose of maintaining order

It is effective due to the number of steps

Question of confidence

Promotes transparency

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11
Q

The parliamentary session

A

A few key moments in every parliamentary session (historically these last a year)

Speech from the throne: outlines government priorities

Budget: overview of government spending and tax changes

Main estimates: annual spending plans for departments

All three are automatic votes of confidence

A new session can be called through the power of prorogation

New throne speech and budget occurs

Parliament is terminated and elections are called via dissolution

Both acts terminate existing bills that have not secured royal assent

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12
Q

The Parliamentary Day

A

Most time is reserved for government business (ex: debates on bills)

5 hours per week on private members business

Oral questions or question period the most prominent part of the day (45 min) focus on media ettention

Question period is well attended, but the rest of the parliamentary day, not so much

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13
Q

Parliamentary Roles (Speaker)

A

The speaker is the presiding officer

Enforces the written rules of the commons, the standing orders and unwritten conventions

Historically chosen by PM, now by a secret ballot in commons

Tasked with breaking ties (very rare)

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14
Q

Other parliamentary roles

A

House leaders are selected by parties to manage parliamentary business in consultation with other parties

Speak for leader when they are absent

Party Whips are in charge of ensuring everyone votes and votes correctly

They implement party discipline by assigning offices, committee assignments, and speaking time

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15
Q

Committees

A

Offer the best opportunity for MPs to influence policy

Reforms to the committee system have allowed for smaller, more stable membership

Permanent standing committees can scrutinize their related government department

Furnished with non partisan staff from the house of commons and the library of parliament

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16
Q

Limits of Committees

A

Majority governments still control majority of seats

In minority governments, powerlessness can follow

Committees can offer amendments to improve legislation, call expert witnesses to testify

Amendments are usually minor

Unlike U.S congressional committees, they don’t kill legislation

17
Q

Function of the Senate

A

Created as a compromise at the time of confederation for

Protection of minorities and the rich from the masses

Regional representation (24 per region, 6 for NL and 3 for the territories)

Chamber of a sober second thought

18
Q

Powers of the Senate

A

Has almost identical power to the house of commons

Can veto amend legislation

Money bills cannot originate in the senate

Amendments cannot increase expenditure

19
Q

Composition of the senate

A

Prime ministers have historically made partisan appointments

Rewarded party loyalists and fundraisers “party hacks”

Many had close ties to big business

Not a great look

PM Trudeau’s change to non-partisan recommendations for appointments has changed Senate’s complexion

20
Q

The senate in practice

A

Powers usually aren’t exercised because of a lack of democratic legitimacy

Senators don’t see their job as regional representation

The chamber focused on making technical improvements to bills

Often launch social investigations that the Commons doesn’t have time for

21
Q

Senate commons conflict

A

Sometimes the Senate flexes its muscles when its partisan balance is different than the commons

Peak between 1984-1991 altered Meech Lake Accord, help us the Canada-US Free
Trade Agreement, and the Goods and Services Tax

The deadlock was only broken when Mulroney used constitutional power to appoint extra senators

PC-controlled senate caused headaches for Chretien Liberals after 1993

22
Q

Senate Reform

A

NDP favors abolition due to class bias in the chamber

Western populists have argued for a “EEE” Senate featured in the Charlottetown Accord

Conservative PM Harper pushed for term limits and provincial consultative elections through ordinary legislation

In a reference decision, the court ruled these bills were unconstitutional and needed a constitutional amendment

23
Q

Senate reform middle ground

A

PM Trudeau sought a middle ground

Expelled liberal senators from caucus

Set up an independent advisory board to consider candidates based on merit and diversity

Senate is now more active in amending legislation led by the independent senator’s group

But other research has found independent senators to be just as partisan as expelled former liberal senators

24
Q

Unresolved issues

A

What should a reformed Senate look like?

What should its function be

Elected or unelected

What forms of representation should be prioritized

Is it worth amending the constitution

25
Q

Sources of Parliamentary Weakness

A

The tremendous concentration of power in the hands of the PM but this came at the expense of the cabinet: Parliament has always been weak

Why?

Lacks of resources

Limits of private members

Senate

Party unity and party discipline

26
Q

Limited Resources

A

Unlike the American Congress, individual parliamentarians have limited to no staff available for policy-related matters

Staff time is monopolized by constituency service and parliamentary obligations

MPs are also policy generalists

Limited time or ability to push back against bills or estimates provided by cabinet

27
Q

Limits of private members

A

Government time monopolizes the parliamentary calendar, and time for private members’ business has fallen over time

Private member bills, for their part, can not involve money, which dramatically limits their scope

Major parties are given first dibs on speaking time, and independents are hugely disadvantaged

28
Q

Senate

A

Other countries have strong upper houses of the legislature

Canadian Senate is unelected, limited by convention to rejecting legislation passed by the house

Typically dominated by partisans of the governing party

Usually limited to making small amendments to legislation

29
Q

Party unit

A

The observable fact that MPs rarely vote against their party dramatically limits the power of parliament

Majority governments automatically uphold confidence convention (responsible government)

Parliamentary committees rubber stamp government bills

Government backbenchers rarely challenge the cabinet in question period

Limited portfolio

Focuses on legislation and department activities

Subject to party discipline

Limited access to the party leader

Can get removed from caucus and gain independence (the bad kind)

30
Q

Party cohesion or discipline?

A

Rewards:
1. Cabinet or critic positions
2. Projects for local constituencies
3. Party brand and electoral support
4. Plum committee assignments
5. Access to PM or party leader

Punishments
1. Losing committee, cabinet, or critic positions
2. Damaging party brand and electoral support
3. Being removed as a candidate for the next election
4. Expulsion from caucus

31
Q

Why so much discipline?

A

Canada has by far the highest level of party unity compared to the UK or Australia

Party leadership races and

American influence

Weak party organization

Size of cabinet relative to parliament

Presidentialization of politics
Electoral system

32
Q

Reform

A

Sporadic efforts at reform have been met with mixed success

Increasing time for private members’ business

Removing party leader control over nominations

Allow MPs to review and remove party leaders

Require caucus vote to remove colleagues

Allow more free votes in parliament

Elected senate or independent senate

33
Q

Critics of reform

A

Some argue that there isn’t a problem: Canadian parliament is simply not intended to be a serious policymaker like US congress

Reform efforts may undermine the foundations of the Canadian system and limit the clarity of responsibility

Most voters vote based on party and leader, not the local MP

The weakness of parliament may be overstated; a lot of MP influence on policy is found behind the scenes