Concepts Flashcards
(308 cards)
1
Q
Politics
A
activities related to influencing, making, and implementing collective decisions
2
Q
Power
A
the ability to affect the behavior of others, particularly by getting them to act in ways that they would not otherwise have done
3
Q
State
A
an independent, self-governing country whose governing institutions are able to make and enforce rules that are binding on the people living within a particular territory
4
Q
Government
A
the set of institutions that have the authority to make executive decisions; present proposed laws, taxes, and expenditures to the appropriate legislative body; and oversee the implementation of laws and policies
5
Q
The Crown
A
Canadian legal term for the state
6
Q
Authority
A
the right to exercise power
7
Q
Legitimacy
A
the acceptance by the people that those in positions of authority have the right to govern
8
Q
Democracy
A
Rule by the people either directly or through the election of representatives
9
Q
Liberal Democracy
A
a political system in which the powers of government are limited by law, the rights of the people to engage in political activity freely are well established, and fair elections are held to choose those who make governing decisions
10
Q
Constitutional government
A
a government that consistently acts in keeping with established fundamental rules and principles
11
Q
Plebiscitary democracy
A
the use of referendums, initiatives, and recall procedures as an alternative to what some view as the elite-oriented nature of representative democracy
12
Q
Initiative
A
proposed law or changes to an existing law drafted by an individual or group rather than by a government or legislature. The proposal is put to a vote by the people after enough signatures have been collected
13
Q
Deliberative democracy
A
a form of democracy in which governing decisions are made based on discussion by citizens
14
Q
Social democracy
A
the perspective that greater social and economic equality is needed for a country to be fully democratic
15
Q
Accountability
A
The ability to be scrutinized
16
Q
Transparency
A
The willingness to share information
17
Q
Society (minimum definition)
A
A group of people that live by a common law/code and are relatively self-sufficient as a group (able to meet the basic needs of its members)
18
Q
Coercion
A
The ability to force people to do something using fear, fear of harm, or threats of harm; compliance is forced and achieved through fear and intimidation
19
Q
Legality
A
In accordance with law; not necessarily legitimacy
20
Q
Ideal type
A
A theoretical model for analytical purposes, used to describe and explain key characteristics of a social phenomenon
21
Q
Traditional authority
A
Authority based on inherited position or custom (often refers to monarchs), legitimate as long as most people accept the government and obey it willingly
22
Q
Legal-rational authority
A
system of authority where power originates in law and reses with legally established offices; laws are binding to all people under this system (rule of law), consequently making the rule of law the source of power
23
Q
Charismatic authority
A
The authority based on personal qualities (usually extraordinary ones) of one individual/the charismatic leader
24
Q
Political modernization
A
The transition from traditional authority to legal-rational authority (part of the more holistic process of modernization)
25
Sovereignty
The highest authority of the state; the power that overrides power (has the “final say”) held by lower levels of government
26
Personal sovereignty
The sovereignty of an individual (i.e. absolute monarch)
27
Parliamentary sovereignty
The sovereignty of a parliamentary group
28
Judicial independence
The concept that the judiciary should be able to exercise its power independently from the rest of government
29
Fully sovereign government
A government that is not under the power of another
30
Functions of the state
Maintaining social order, defending against external threats, provision of public goods
31
Ethnicity
Ethnic identity; a group identity based on common ethnic background
32
Free trade
idea that all barriers to trade should be eliminated; encourages countries to specialize in goods/services that they have comparative advantage in
33
Societal cleavages (6)
Social, socio-economic, ethane-linguistic, regional, demographic, age and difference of interests
34
Nationalism
Feeling of loyalty and pride; patriotism
35
Political culture
Fundamental political values, beliefs, and orientations held within a political community
36
Political discourse
The ways that politics is discussed and the rhetoric that is used in political discussion/persuasion
37
Political specialization
The process by which new generations and immigrants are socialized into a culture
38
Liberalism
An ideology that emphasizes the value of individual freedom based on a belief that individual are generally capable of using reason in pursuit of their own interests
39
Conservatism
An ideology that looks to laws based on traditional (not always religious) moral values and established institutions to maintain an orderly society
40
Socialism
An ideology that emphasizes the value of social and economic equality and is generally critical of the capitalist economic system
41
Founding Fragments Theory
Theory that states that a fragment of the political culture of a “mother country” forms the basis for the political culture of a new society (“daughter country”)
42
Formative events theory
Theory that emphasizes importance of a crucial formative event in establishing the basic character of a country’s political culture)
43
Post-materialist theory
Theory that those who have grown up in relative security and affluence are more likely to give priority to post-materialist values rather than materialist ones
44
Post Materialism
An ideology that emphasizes self-expression, participation in economic/political decisions, emphasis on the quality of life, tolerance of diversity, concern for environmental protection
45
Materialistic values (3)
concern for economic growth, order, and physical security
46
Political efficacy
The belief that the government is responsive to the people and that they can influence what it does
47
Parochial political culture
Political culture culture characterized by low governmental awareness, do not expect positive actions or benefits, and experience a feeling of isolation from government
48
Subject political culture
Political culture o characterized by relatively high governmental awareness, expect some positive actions and benefits
49
Participatory political culture
Political culture characterized by high governmental awareness, high expectations of governments (demanding more g&s),
50
Civic political culture
Political culture that is the optimal combination of the other three types; mostly participatory with bits of subject and parochial culture
51
Feminism
Ideology that seeks to define and achieve equal political, economic, social, cultural, and personal equality for women
52
Civic engagement
Participation in the community
53
Classical democratic theory
Theory that it is desirable to have a large, culturally diverse proportion of citizens participating politically and is argued to protect against arbitrary rule
54
Classical elite theory
The theory that only a small ruling class has the knowledge and skills necessary to decide what is best for a nation; mass political participation is undesirable
55
Generational replacement
The process where younger people enter the electorate and replace their elders; believed to be the cause of voting decline
56
Civil society
The voluntary associations and NGOs that bring people together to achieve a common goal
57
Social capital
The networks and norms of generalized reciprocity, and trust that foster coordination and cooperation for mutual benefit
58
Maslow’s theory of the hierarchy of needs
Theory that people pursue human needs (i.e. food), but once those needs are met, they do not feel psychologically satisfied and pursue more emotional, spiritual, and aesthetic “needs”
59
Scarcity hypothesis
Hypothesis that people value things that are in short supply
60
Socialization hypothesis
Hypothesis that peoples’ value orientations are formed when they are young and remain largely unchanged throughout their adult life
61
Socialization
The process of learning and adopting from society values, beliefs, attitudes and norms of behaviour
62
Aristotelian typology/classification
Classification based on Plato and Aristotle's ideas with the two variables of the rule of how many and in who’s interests
63
Monarchy
The rule of the one in the public interest (lawful)
64
Tyranny
The rule of the one in the rulers’ interest (lawless)
65
Aristocracy
The rule of the few in the public interest (lawful)
66
Oligarchy
The rule of the few in the rulers’ interest (lawless)
67
Polity
The rule of the many in the public interest (lawful)
68
Democracy (mob rule)
The rule of the many in the rulers’ (aka the majority's) interest
69
Best government according to Plato
The rule of philosopher kings (benevolent dictatorship)
70
Second-best government according to Plato
The rule of law
71
Worst government according to Plato
Democracy; the worst tyranny is the tyranny of the majority
72
Aristotle's governmental preferences
Polity and the rule of law
73
Trustee model of representation
A representative makes decisions on behalf of a client and the client trusts that the trustee will look after their interests; the trustee may act contrary to what the constituents want (if necessary)
74
Delegate model of representation
The representative subordinates their own opinions/judgements to those of his/her constituents and act in accordance even if it goes against his/her own opinions/judgements
75
Party member model of representation
Representatives act as loyal members of a party and follow the directions of party leadership regardless of the wishes of their constituents (predominant in Canada)
76
Microcosm model of representation
The model that the institution of representation should be a miniature replica of its constituency, and should include representatives of all major social groups; a degree of seat allocation is advocated (microcosm criticized on the basis of violating equal rights)
77
Approaches to conflict resolution (2)
Repression, peace/reconciliation
78
Forms of power (3)
influence, coercion, authority
79
Influence
The power of persuasion (persuasive power), those who act under is do so voluntarily; resources include knowledge, expertise, money, connections
80
Coercive power
The ability to force people to do something using fear, fear of harm, or threats of harm; compliance is forced and achieved through fear and intimidation
81
Authoritative power
Power that makes people obey government out of respect and because they believe that their government is fundamentally correct
82
Canada’s idea of sovereignty
symbolic personal sovereignty (constitutional monarchy), the principle of parliamentary sovereignty, most of popular sovereignty in the form of representative democracy
83
Domestic aspects of sovereignty (4)
Power to make laws, enforce laws, settle disputes, and control the administrative functions of the government
84
International aspects of sovereignty (3)
The right to deal with other nation-states as equals (sovereign equality), the right to exercise domestic rule without interference by other countries (non-interference)
85
Public/collective goods
Goods that are not divisible among individual consumers and cannot be bought by individuals (i.e. clean air, social order, national defense)
86
Citizen
Formal/legal member of the state eligible for certain rights and privileges/freedoms that are not granted to non-citizens
87
Differentiated citizenship
Granting certain group based legal or constitutional rights to minorities or ethnic groups
88
Polyethnic rights
Rights granted to religious or minority groups to practice their religions/cultures without discrimination
89
Substantive view of democracy
Defines democracy in terms of the purpose and result of government; a government is considered democratic if it has served the interests of and benefitted its people
90
Procedural view of democracy
Defines democracy in terms of the presence of and the people’s participation in democratic procedures (esp. regular elections)
91
Simple majority
“50% + 1” of those who are present/have voted
92
Absolute majority
“50% + 1” of all who have the right to vote
93
Qualified majority
larger than “50% + 1”
94
Unanimity
100%
95
Concurrent majority
Majority support in more than one vote/process (i.e. a bill needs to be passed by majorities in both the House of Commons and the Senate)
96
Plurality
"The most” (may not be a majority)
97
Criteria of Good government (3)
Accountability, Responsiveness, Efficiency/effectiveness
98
Interest group (broad)
a group of people in society who share common social interests
99
Interest group (narrow)
a group of people who share common interests are organized to seek common interests by trying to influence public policy process by means of political actions
100
Pluralist theory (3)
a. Many groups compete to influence government
b. No single group can dominate the process
c. Government policy process is society-driven
101
State-Cantered theory (3)
a. The state is largely autonomous of societal forces
b. The state can shape the political context in which it operates by selectively including certain groups into the process (corporatism)
c. Public policy is largely the outcome of interactions and conflicts among various state institutions
102
Sectoral groups
An interest group made up of people from the same social/economic category (i.e. labour, industry, professional, women, students, etc.)
103
"Semi-official” groups
government-sponsored/recognized interest groups
104
Institutionalized (associational) groups
Interest groups with formal and well-established organizational structures, stable membership, paid professional staff, permanent offices
105
Issue-oriented groups
Interest groups with weak organization and fluid membership
106
Ad hoc groups
An interest group that is temporarily organized to deal with a specific issue
107
“Participatory democracy”
government funding for interest groups, which otherwise would be disadvantaged, to offset the influence of rich and powerful interest groups
108
Corporatism
government recognition/funding, monopoly of representation, compulsory membership
109
Factors contributing to rising interest group activities (6)
a. Expansion of formal education
b. Value change from traditional ideologies
c. Technological revolution
d. Nature of post-modern society
e. Decentralized political systems
f. Expanded role of the modern state
g. Inadequacy of party system
110
Interest group activities (9)
a. Organizing and fund-raising
b. Lobbying/advocacy;
c. Educating the public/raising awareness
d. Assisting the development of public agenda
e. Assisting the implementation of public policy
f. Serving as public policy watchdogs
g. Participating in election campaigns
h. Taking “direct actions” (i.e. protests, demonstrations) if necessary
i. Taking court actions (i.e. lawsuits, legal cases) if necessary
111
"Government relations consultant"
a retired government official who has become a lobbyist
112
Strategic litigation
where interest groups attempt to make a point through a court case
113
Social movement
a broad grouping of political activists who are committed to a grand political objective
114
Neo-pluralism
a modification of pluralist theory; theory that business interests have a privileged position in influencing government policy-making
115
Marxist theory
the theory that capitalist nations are inherently biased towards the interests of capitalism and the capitalist class
116
Rational choice theory
the theory based on the assumption that individuals rationally pursue their own self-interest
117
Peak associations
organizations representing a particular major interest based on a number of related interest groups rather than individual members
118
Free rider
a person who enjoys the benefits of group action without contributing
119
Solidary incentives
incentives to join an interest group for social reasons (i.e. meeting people)
120
Purposive incentives
incentives to join an interest group for the satisfaction of expressing, advocating, promoting for one’s values or cause
121
Policy community
collaboration of relevant government officials and interest groups in developing public policies
122
Court Challenges Program
a federal government program that provided some money to individuals and groups seeking to challenge Canadian laws and government actions that violate equality rights and minority language rights
123
Political party
a voluntary organization whose primary purpose is to seek control of government
124
Pragmatic (brokerage, or catch-all) parties
Concerned primarily with how to get and stay in office for as long as possible; programs aim at the greatest appeal to voters, rather than providing genuine solutions to problems; not very concerned with doctrines or ideologies
125
Ideological (programmatic) parties
Emphasize ideological purity more than the immediate attainment of power; upholding party doctrine is considered more important than electoral success;
126
Mass parties
Parties with large popular base, a high degree of inner-party democracy, and relatively low level of control by party leadership
127
Cadre parties
Run by small groups of politically active elite; mmbership is largely dormant until election time
128
Interest (single issue/special interest) parties
A party that acts like a special interest group or an interest group turns into a party; more common in countries where proportional (PR) representation voting is practiced
129
Movement parties
When a political movement develops into a party
130
Personal (devotee) parties
Formed around a charismatic leader or political strongman; disappears when the leader dies or leaves politics
131
Anti-system parties
A political party that doesn’t want to work within the existing political system, and seeks to destroy it and replace it with something else; resorts to extra-legal means to achieve power
132
Party systems
a pattern of electoral competition that emerges between political parties
133
Single party system
No competition; no opposition is allowed but political rivalry happens within the party; found mainly in authoritarian governments
134
One-party-dominant (aka multiparty with one dominant)
Low competition; opposition parties freely exist, but only one party is capable of forming government; common in non-western democracies
135
Two-party
High competition; many parties may exist, but only two parties are credible contenders for power; intense competition between the dominant parties
136
Two party plus (“two and a half”)
High competition; two main parties and a crucial third party which sometimes can play the role of the “king maker”
137
Multi-party (multi-party without a dominant party)
High competition; no single party can form a majority government by itself; coalition governments forced as a result of a PR system
138
Party functions (4)
a. intermediate organizations between the people and the government
b. NOT a formal part of government (that is, in liberal democracy)
c. Aggregation of interests
d. Structure voter choices
139
Party organization (both Federal and Provincial
within parliament organize in caucus, outside parliament organize in national/provincial convention or national/provincial executive
140
Brokerage theory
a perspective that maintains that parties are not differentiated by ideology and that they do not adopt consistent policy positions over time
141
Leadership review
the formal process that sets out the procedures or evaluating and possibly replacing a party leader
142
Efficacy of the vote
the capacity of an electoral system to translate popular votes proportionately into seats in the legislature
143
Factors affecting the value of the vote (2)
Size of constituency, Electoral system
144
Electoral systems
the systems by which votes cast are translated into seats in parliament/government; different systems can produce very different election results
145
Single member plurality (SMP) electoral system
An electoral system characterized by single member elected per constituency
146
Strategic voting
voters realize that their first choice of leader will not win, so they vote for another candidate to prevent their last choice from winning
147
Gerrymandering
the manipulation of constituency boundaries by the ruling party for its own advantage
148
Mixed Member Proportional system (MMP
Voters cast one ballot for their candidate of choice and another for their party of choice; some candidates are voted into office based on candidate votes, others are assigned office based on party votes for the goal of reasonable
149
Single Transferable Vote system
voters mark their preferences of candidate in a multimember district with a certain percentage (quota) of votes needed to win
150
Runoff election
second election if no candidate wins a majority government
151
Proportional representation (PR)
an electoral system that uses multi-candidate voting constituencies; usually either party list or single-transferable vote (STV)
152
Party List system
a hypothetical system where the whole country/province is one constituency, percentage of popular vote received determines the percentage of seats won, and percentage of votes directly translated into percentage of available seats
153
Constitution
the fundamental rules and principles by which a/the state is organized; establishes the basic principles concerning the nature and structure of government, the power of each government institutions, and citizens’ rights and freedoms
154
Written constitution
Constitutional law that is codified into a single document (i.e. US)
155
Unwritten constitution
Constitutional law that is NOT codified into a single document, and is instead a large number of unwritten conventions (i.e. UK)
156
Parliamentary supremacy
the principle that parliament is the supreme law-making body that that its power is not restricted by a superior constitutional or legal document
157
Constitutional conventions
widely accepted informal constitutional rules
158
Judicial review
the authority of the courts to invalidate laws passed by Parliament or provincial legislatures that they deem to be in violation of the Constitution (Canadian courts have this power)
159
Triple-E Senate
a proposal that the Senate be reformed to be elected an effective based on equal representation from each province regardless of population size
160
Distinct society clause
a clause in the Meech Lake Accord that the constitution should be interpreted in a manner consistent with the recognition of Quebec as a distinct society
161
Implied Bill of Rights
the judicial theory that rights are implied by the preamble to the Constitution Act 1867 and therefore could not be infringed upon by ordinary legislation
162
Reasonable limits clause
a clause of the Charter that allows for reasonable limits on rights and freedoms, provided the limits can be demonstrably justified in a free and democratic society
163
Oakes test
Supreme Court Ruling setting out basic principles in applying the reasonable limits clause
164
Entrenchment (aka enshrinement)
the inclusion of a legal provision in the constitution so that it can be changed only through a special constitutional amendment procedure, instead of an act of parliament
165
Unanimity formula
Applies to changes of fundamental principles (monarchy, the composition of the Supreme Court, the status of official languages, the amendment formulas, etc.); requires unanimous consent of all eleven legislatures (Parliament and all 10 provincial legislatures)
166
The “7/50” rule
Applies to most changes that affect the entire country (i.e. Senate reforms, federal-provincial division of powers, setting up a new province); "7-50" refers to the requirement of approval from 7 provinces (>2/3 of the provinces) and at least 50% of Canada
167
Bilateral procedure
For issues affecting only one or a few provinces, but not all provinces (“some-but-not-all”); requires the approval by 1) Parliament of Canada and 2) the legislature(s) of the province(s) affected
168
Unilateral procedures
Applies to changes to the procedures of a legislature itself, and the structures of its own government; requires only its own approval–no difference to statutory law
169
Judicial activism
the willingness of the courts to overturn legislations
170
The “Notwithstanding Clause” (Section 33(1))
a clause in the Charter that allows Parliament or a provincial legislature to enact legislation that violates certain sections of the Charter; it can be declared that a certain Act or provision operates in spite of (notwithstanding) Charter sanctions
171
The “Sunset clause” (Section 33(3))
Declaration of the Notwithstanding clause is effective for a maximum of five years; after which the declaration can be issued again for another 5 years or the law/provision/Act will cease to be effective
172
Hawthorn Report
a 1963 government report that recommended that Indians should have rights in addition to those of other citizen and not be forced to assimilate into the majority society
173
"Citizens plus"
the idea that Indians possess certain rights in addition to the normal rights and duties of citizens
174
Royal Commission on Aboriginal Peoples (1991)
a Royal Commission established by the Canadian government that recommended a fundamental restructuring of the relationship between Aboriginal and settler societies based on the recognition of Aboriginal nationhood
175
Comprehensive land claims
agreements involving First Nations that had not signed treaties giving up their land
176
Specific claims
claims by Aboriginal groups based on allegations that treaties and other legal obligations of the Canadian government have not been fulfilled or that the Canadian government has not properly administered Aboriginal lands and other assets
177
Federalism
a government system in which the constitution sets up two levels of government and divides the powers of the state between them
178
Features of a Federal system (5)
a. Both central and regional government constitutionally established
b. Sovereign power is divided between central and regional governments
c. Major government institutions are duplicated at the top two levels
d. Bicameral legislature at the federal level
e. Political importance of the courts
179
Features of a Unitary system (4)
a. Sovereign power is concentrated in the central government
b. Lower levels of governments are the creation of the central government and can be modified (or even abolished) by the central government
c. Functions of lower level government are administrative rather than legislative
d. Lower levels of governments are financially dependent on the central government
180
Veto
Lieutenant-governors have the power to simply veto provincial legislation by “withholding the Queen’s assent” (refusing to give royal assent to provincial legislation)
181
Disallowance
When a provincial legislature passes a bill, the federal government can “annul the act” if it “thinks fit to disallow the act.”
182
Reserve power
a. When a provincial legislature passes a bill, the bill can be reserved for the signification of the Queen’s pleasure” by the Lietenant-governor (sending it to the federal government for consideration, possibly for disallowance)
183
Declaratory power
Any works or undertakings “declared by the Parliament of Canada to be for the general advantage of Canada or for the advantage of two or more of the provinces” will fall under federal jurisdiction
184
Residual Power
In Canada, residual power is power that are not specifically assigned to the provinces are given to the federal government (different than the American constitution)
185
Peace, Order, and Good Government Clause
“It shall be lawful for the Queen, by and with the Advice and Consent of the Senate and House of Commons, to make for the Peace, Order, and Good Government of Canada in relation to all Matters not coming within the Classes of Subjects by this Act assigned exclusively to the Legislatures of the Provinces…”
186
Direct vs. Indirect taxation
a. Direct: tax directly collected by government (i.e. income tax)
b. Indirect: tax collected by non-governmental entities that pass it on to the government (i.e. sales tax)
187
Concurrent power (shared jurisdiction)
Power is shared between federal and provincial governments (concurrent power
188
Spending power
The right of the federal government to spend money in areas of provincial jurisdiction, and subsequently gaining power in those areas
189
Classical federalism
the view that a federal system should be based on autonomous federal and provincial governments, each with its own specific areas of responsibility
190
"Quasi-federalism"
a system in which the federal government dominates provincial governments, particularly through its use of the powers of reservation and disallowance to invalidate provincial legislation
191
Shared-cost programs
provincial programs in which the Canadian government generally paid half the costs
192
Cooperative federalism
federalism in which federal and provincial governments cooperate under federal leadership in developing a welfare state (Canada following WWII)
193
Competitive federalism
Federalism where the federal and provincial governments competed to maximize their, power, and popularity with voters (Canada in the early 1960s)
194
Collaborative federalism
a trend in contemporary federalism in which both levels of government try to work together as equals in deciding some major policies
195
Open federalism
the Harper government’s approach to federalism involving such measures as transferring more money to provincial governments, respecting the constitutional division of powers and provincial autonomy, and limiting the use of the federal spending power
196
Executive federalism
the basic nature of federal-provincial interaction involving the interaction of the executives of the federal and provincial governments (primary federalism since 1940s
197
First Ministers conferences
Formal meetings of the prime minister, the provincial premiers, and large supporting delegations of ministers, aides, and officials
198
First Ministers meetings
informal private meetings of the prime minister and the premiers
199
Interstate federalism
a federal system in which provincial interests are represented primarily by provincial governments
200
Council of the Federation
an organization established by the premiers to enable cooperation among the provinces and territories
201
Asymmetrical federal system
a federal system in which some subnational governments have a different relationship with the national government, including different powers, than other subnational governments
202
Conditional grants
federal grants to provincial governments for specific programs that have to meet conditions set by the Canadian government
203
Block grants
the unconditional transfer of a block of money from the federal government to a provincial government
204
Social pluralism as an understanding of Canadian society
the understanding of Canadian society as a highly differentiated modern society which is made up of many social groups, each having its own group interests that are often in conflict with the interests of other groups
205
Aboriginal peoples’ right to self-government
Aborignal people in Canada were never conquered militarily by European powers, even though the whole country became a British colony and are now under Canadian sovereignty
206
Royal Proclamation of 1763
Aimed at reconciling aboriginal peoples to the British colonial rule; stated that the aboriginal people were under the protection of the British Crown and that the land that had not been ceded to or purchased by the crown were reserved for aboriginal people as heir hunting ground
207
BNA (British North America) Act of 1867
Created the dominion of Canada and gave exclusive jurisdiction to the Parliament of Canada to make law concerning “Indians and land reserved for the Indians.”
208
The Indian Act
First enacted in 1876, amended many times since then, it became the main legal instrument for the administration of aboriginal people by the federal government; provided some benefits to first nations groups, but also enforced a policy of strict control and aggressive assimilation
209
1996 report by the Royal Commission on Aboriginal peoples
The report called for recognition of aboriginal peoples’ inherent right to self-government, and a restructuring of the relationship between aboriginal groups and Canada;
proposed to set up a “third order” of government within Canada–in addition to federal and provincial
210
Nisga’a Treaty 1999
Treaty giving 2015 square km of land–less than 10% of the original land claim (population: 6000), $196.1 million spread over 15 years, fishing and hunting rights, and funding to develop adequate infrastructure (incl. business)
211
The Six Nations Confederacy
aka the Iroquois League, existed long before the European colonization in the northeastern part of North America (partly in the northeast U.S. and partly in Eastern Canada); six first nations groups developed a kind of democratic federation
212
“Treaty Federalism”
Recognition of the early treaties as nation-to-nation agreements that enable the first nations people and the Europe colonists (now represented by the Canadian government) to co-exist peacefully within the same territory
213
First nations self-government and the effects on Canadian Federalism
whether it is the development of first nations self-government as a “third order” of government, or the recognition of the sovereign status of some first nations groups and the subsequent “treaty federalism,” the structure of Canadian federalism will be profoundly affected
214
Components of the Executive branch (3)
a. The formal executive (the crown
b. The political executive (PM, cabinet, Privy Council)
c. Public administration (bureaucracy)
215
Powers of the Governor General (5)
a. To dissolve the House of commons and call an election at the request of the PM
b. Appoint a person to be the PM following an election
c. Appoint cabinet ministers, senators, lieutenant governors, judges of courts, etc. on the advice of the PM
d. Open and prorogue parliamentary sessions at the request of the PM
216
Governor General
The Queen's representative in the Federal legislature
217
Lieutenant Governor
The Queen's representatives in provincial legislatures
218
Responsible government
a government is held responsible to the House of Commons through the principle of “confidence;” if the government loses the confidence of the House, it must either resign or request the dissolution of the House and a subsequent election
219
Orders-in-council
executive decisions formally made by the cabinet in the name of the Privy Council, and approved by the governor general
220
Westminster model
the model of representative and responsible government used in the UK and in other countries that emulate it
221
Formal executive
the part of the executive consisting of the Queen, the governor general, and the Queen’s Privy Council for Canada, which possesses formal constitutional authority and by convention acts on the advice of the political executive
222
Cabinet
the active part of the Queen’s Privy Council for Canada; composed of the PM and ministers, it controls most of the executive and legislative powers of government
223
Prerogative power
the powers of the monarch once uniquely possessed that have not been taken away by Parliament
224
Political executive
the PM, cabinet, and ministers of state
225
Cabinet solidarity
the basic principle that ministers must avoid public disagreements over policy once cabinet decides on it, and that they must vote in unison in the House on government business
226
Cabinet secrecy
a convention that forbids the disclosure of the views expressed by particular minister during cabinet (and cabinet committee) discussions, in order to encourage frankness
227
"Five Ps" of PM's power
a. Parliamentary leader
b. Party leader
c. Patronage
d. Policymaker
e. Public face
228
Governance
the sharing by government of the process of governing with societal partners such as private sector organizations and non-governmental organizations; governing changes from the “command and control” model to the “partnership” model
229
Functions of Parliament (5)
a. Law making: passing legislation
b. Representational: the forum of public opinions
c. Supervisory: keeps the executive branch accountable
d. System-maintenance: gives government authority to govern, and legitimizes government policy
e. Provides an alternative government
230
Party caucus
all MPs that belong to one party in the House of Commons
231
Backbenchers
those MPs who are not in the cabinet or the shadow cabinet
232
The shadow cabinet
the leader and a few other MPs from an opposition party who form ministerial counterparts of cabinet ministers
233
The speaker of the House (5)
a. Acts as the chairperson of the house
b. Elected by the House by secret ballot
c. Presides over House sessions; enforces rules and procedures and maintains order
d. Represents the House
e. Administrative head of the House and is responsible for internal affairs
234
Parliamentary committees
a group of MPs from both the ruling party and the opposition, in proportion to the percentage of seats held by each party, to deal with bills in a certain issue area
235
Bill legislation procedure (8)
a. Introduction
b. First reading; the bill is considered read for the first time and is printed
c. Second reading; Members debate the bill’s principle
d. Committee state; Committee members study the bill clause by clause
e. Report stage; members can make other amendments
f. Third reading; members debate and vote on the bill
g. Senate; repeats the same procedure
h. Royal consent; the bill receives royal assent after being passed by both houses
236
Public bills
bills dealing with issues that concern society as a whole
237
Private bills
bills dealing with issues that concern only specific individuals or groups (rare)
238
Confidence chamber
a legislative body (i.e. the House of Commons in Canada) whose continued majority support is necessary for the government to remain in office
239
Party discipline
the expectation that parliamentary members will vote in keeping with the position that their party has adopted in caucus
240
House leaders
members of each party who are responsible for their party’s strategy in the House, including negotiating the parliamentary timetable with other House leaders
241
Party whips
members of each party who maintain party discipline and ensure that members attend votes
242
Speech from the Throne
reading made by the Governor General at the first sitting of a parliament; it is the government’s indication of what it considers to be the state of the country, together with a general outline of the kinds of legislation that it has planned for the parliamentary session the speech introduces
243
Estimates
money the government says is needed by government departments and agencies for the next fiscal year
244
Closure
a motion in the House to limit debate on a bill
245
Time allocation
a motion in the House that allocates time that can be spent debating the bill
246
Omnibus bills
proposed laws changing legislation on a large number of unrelated topics
247
Standing committees
permanent committees of the House whose responsibilities include detailed examination of proposed legislation and review of departmental estimates
248
Legislative committees
temporary committees of the House established primarily to review a specific bill; cease to exist upon presentation of their report
249
Special committees
committees of the house established to study a particular issue; existence limited to the duration of the study or the end of the session (can be reinstated with special permission)
250
Committees of the Whole
Committees composed of all members of the House using relaxed rules of debate and procedure to deal with supply (spending) motions or other topics
251
Joint committees
standing committees composed of members of both the House and the Senate
252
Original purpose of the Senate
To mimic UK's House of Lords
253
Confidence vote
a vote in which the government must win in order to stay in power, and therefore MPs are required to follow the party line; most votes are confidence votes (including non-confidence motions)
254
Free vote
a vote in which MPs are not required to follow the party line, and the government can stay in power even if it loses
255
House Sessions (4)
a. Begin with the Speech from the Throne
b. Question periods: 45 minutes every day; time when the opposition challenges proposed legislation; only period that is broadcast
c. Opposition days; to give opposition parties an opportunity to bring forth their own bills/motion
d. Prorogation of Parliament by the governor general
256
Structure of the Senate
senators are appointed by the Governor General on the advice of the PM; structured similar to the House, with an appointed Speaker and several Senate committees
257
The power of the Senate (3)
a. Review bills passed by the House; has the power to reject, demand amendments, or to delay the passage
b. The Senate can delay a bill for constitutional amendment for up to 180 days
c. Can initiate bills, except for money bills
258
Purpose of the Senate (4)
a. An institution that represents different regions; originally 24 senators from each
b. An institution of “sober second thought”
c. Senators were appointed for life until 1965; currently retirement is mandated at 75
d. Senators must maintain residency in the province/territory they are appointed for, own +/- $200,000 or more in property ($4000 in 1867), and be at least 30 years of age
259
Proposed Senate reform (4)
a. “Triple E” Senate: elected, effective, equal
b. Alberta has elected “senators-in-waiting”
c. Australia: senate is popularly elected using proportional representation; each state is one constituency
d. Recent proposals: to limit the term and to allow provinces to choose or elect senators; to change the seat distribution would require constitutional amendment
260
Bureaucracy
rule by offices and officials
261
Public bureaucracy
the staffs of a variety of governing institutions
262
Features of "ideal" bureaucracy" (6)
a. Specialization of official duties
b. Hierarchical organizational structure
c. Impartiality
d. Professionalism
e. Meritocracy: Recruitment according to merit, protection from arbitrary dismissal
f. Maximization of technical and organizational efficiency
263
Political neutrality in bureaucracy
bureaucracy is supposed to be neutral, non-partisan, simply following orders from the government of the day, implementing government policy, enforcing laws, providing public service
264
Three sectors of bureaucracy
a. Private sector: the sector of economic society that exists in a competitive environment and strives to maximize profit for private owners, be they corporations, family-owned businesses, or self-employed individuals
b. Public sector: the institutions and agencies of the state, ideally concerned with acting in the public interest
c. Third sector: voluntary, non-profit organizations that contribute to the general good of the public
265
Whitehall model
traditional British style of public administration with such features as ministerial responsibility, public service anonymity and neutrality, secrecy, and the merit principle
266
Progressive movement
a late nineteenth-century movement that sought to break the “spoils system” in government by making the public sector at all levels more businesslike and shielding it from the political realm
267
Scientific management
a complex system of management of the production process which maintains that there is one best way to increase output
268
New Public Administration
the adoption of the practices of private business in the administrative activities of government
269
Principle-agent theory
a theory based on the idea that the bureaucrat, who is supposed to follow the will of the minister of the legislature, often uses specialized knowledge to thwart this arrangement
270
House officers
political officers of the House of Commons
271
Officers of Parliament
independent officials wo assist Parliament in holding government accountable and protecting various rights of Canadians
272
Procedural Officers of Parliament
the staff who provide services to the House and the Senate
273
Public law
laws concerning the relationship of the state to individuals and laws concerning the authority and operations of the sate
274
Sub-categories of public law (4)
a. Criminal law: behavior that is against the public of sufficient importance that the Crown needs to prosecute
b. Constitutional law: the rules concerning those aspects of governing that are set out in the Constitution
c. Administrative law: the standards that government and its agencies are required to operate by
d. Tax law: the rules for the collection of revenue from individuals and businesses
275
Private law (civil law)
areas of law dealing with the relationships among individuals, groups, and businesses that are primarily of private interest rather than general public interest (i.e. contract, intellectual property, and property law)
276
Tort
harmful actions, negligence, or words that allow the injured party to sue for damages
277
Tort law
laws concerning lawsuits
278
Statutory law
law that has been passed by an act of Parliament or a provincial legislature
279
Common law
a body of law developed through the accumulation of court decisions that become binding precedents for similar future cases
280
Quebec Civil Code
a codified system of law that is the basis of private law in Quebec; it doesn’t use common law, so this is its substitute
281
Codified civil law
a system of private law used in Quebec based on a comprehensive set of legal principles
282
Charter dialogue
the view that the Charter has created a dialogue between the courts and legislatures
283
Superior courts
Courts in each province whose judges are appointed and paid by the Canadian government
284
Provincial courts
trial courts whose judges are appointed and paid by the provincial government
285
Federal Court of Canada
a court that hears cases related to certain acts of Parliament, such as laws concerning copyright and patents, citizenship and immigration, and access to information and privacy; as well it hears appeals against the rulings of national administrative tribunals
286
References
opinions of the courts on questions asked by the federal or provincial government
287
Judicial independence
the principle that the courts are expected to be independent of government and its agencies, legislative bodies, and other influences
288
Judiciary advisory committee
a committee that assesses candidates for appointment as superior court judges
289
Legal model of judicial decision making
the view that judges base their decision on a careful reading of the relevant law
290
Strategic model of judicial decision making
the view that a bargaining process among the judges takes place for them to reach a majority or a unanimous decision
291
Attitudinal model of judicial decision making
the view that judges pursue their own policy preferences in interpreting the law, as well as being influence by their attitudes toward the facts of the case
292
Restorative justice
the perspective that justice should focus on offenders taking responsibility for their actions; repairing the harm that has been caused; and reconciling the offender, the victim, and the community
293
Alternative dispute resolution
a process where disputing parties choose a third party (rather than a judge) to try to resolve the dispute
294
Collaborative family law
a process in which each party hires their own lawyers (or other professionals) who helps the parties reach an acceptable settlement without going to court
295
Controlling the behavior of public servants (5)
a. Control by the political executive; commission of inquiry, task forces royal commissions
b. Supervision by Parliament
c. Administration mechanism: ombudspersons (commissioners), auditor-generals, etc.
d. Legal recourse; administrative law
e. Media, interest groups, etc.
296
Virtues of a good bureaucracy (7)
a. Political neutrality
b. Professionalism
c. Honesty
d. Impartiality
e. Stability
f. Predictability
g. Competence
297
Law
the rules of conduct in society that is enforce by the public authority by means of coercion or violence if necessary
298
Sources of law (3)
a. Customary law
b. Case law/common law
c. Statutory enactment/legislation
299
Customary laws
laws developed out of the customary practices of a people, before they were recorded I written languages
300
Case law
Law developed over time as a result of court rulings and decisions
301
"Store decisis"
The concept that the basic principle in the common law practice to stand by what has been decided; to follow precedents
302
Statutory enactment
The deliberate creation of law by a legislative body
303
Statute
a particular piece of legislation
304
Code of law
a comprehensive set of interrelated statutes
305
Functions of courts (3)
a. Adjudication of disputes: handling trials and appeals
b. Developing law through interpreting law and making ruling that establishes precedents
c. Judicial review: the power of the court to declare a piece of legislation or executive action unconstitutional (ultra vires)
306
Lower (local) courts
Established by provincial statutes, judges are appointed by the provincial government; includes criminal court, juvenile court, small claims court, traffic court, etc.
307
Appeal
the legal system in which a higher court is asked to review a decision made by a lower court; the higher court can either uphold or repeal the lower court decision
308
Federal courts
Established by federal statutes; judges are appointed by the GG on the advice of the PM
