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Pols 334 Canadian Government and Politcs Class Notes

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Trinity Western University (TWU )

POLS 334 - Canadian Government and Politcs Provides the student with a detailed examination of the political issues that divide and unite Canadians. Course topics include discussion of alternative theoretical approaches to Canadian politics; regionalism, citizenship, and political participation; t...

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Uploaded on January 12, 2021
Number of pages 49
Written in 2019/2020
Type Class notes
Professor(s) Taucar
Contains All classes

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Quiz Pols Notes:

Class 1:
Pearl of Wisdom: If something is important to you ALWAYS get it in writing

Class 2 / September 9:
Limitations on a States ability to act, influence, or respond:

 Charter and constitution, elections (you cant do whatever you want because you’re voted in),
conventions, seperations of powers, fiscal constraints $$$, difficulty of amending the
constitution, new communication technologies, bureaucracy, complexcity of mass gov’t,
globalization (and international mobility and effect of international influences, laws, and
developments)

The Canadian political system:

 What issues, problems, or the Canadian state deal with:
o Economic
o Political
o Social
o Regional/federal provincial relations
o External affairs
 The functions of gov’t are: legislative (making laws), executive (implementing laws), judicial
(switched slide)
 What are the legal requirements for passing legislation in Canada? (switched slide)

Legislative Power:

1) Crown makes legislation with house and senate
2) The doctrine of parliamentary supremacy applies unless specifically SWITCHED SLIDE

Still more notes in notebook:

Terms:

Class 3 / September 11, 2019:
 Pre Conquest (before 1066):
o Before was a very customary law in England – very broken/jurisdiction (Anglo-Saxon
Code, Norman Code, and one more …from first reading)
o Witan: in reading notes. Movement to representation in meetings.
o Movement towards a municipal like government
o 100 court – small claims court like petty theft
 King and Curia:
o King: norman kings, Curia: court system
o Curia is a judicial and legistative court (replaced the common law from before because
people would come to them so often). Replaced the old system

, o Curia created a central system, technical
o The future basis for parliament came from Curia
 Differentiation within gov’t and magna carta
o Magna carta was all about how the king should manage the gov’t
o Two bodies began to form so that people could oppose the king
o Parliament now had the opportunity to assist in law making – not just the king anymore
 Developments in parliament up to the reformation
o 13th century parliament is futal elected individuals
o King has right to interpret constitution like the magna carta
o King cant repeal law (that was considered common law) anymore
o 15th C, group other than king
 Parliament during reformation
o King destroys churched
o Parliament violates magna carta
o Parliamentary power increases
 Our group: Parliament after the revolution of 1688
o Revolution established the supremacy of parliament
o House of king, lords, and commons jointly (consensus)
o Introduced bill of rights and acts of settlement
o Destroyed theory of divine right and stopped `1 big ruler

Summary: went from everyone joining in one place to a few elected officials because of factors like
travelling and to stop the king from being crazy.

Okay back to last class’s slides:

3 History and Development of Parliament

 History
1) Overview
 British system of gov’t is parliamentary supremacy
 Parliamentary supremacy meaning:
 These limitations are legal limitations only, and do not include moral
rights, unwritten principles, or common law principals.
 Courts:
 States are institutions created by and can only operate according to law,
with judges as its officers.
 Jurisdiction – legally delegated, primarily by legislation, (in Canada, also
by the constitution), and historically elements by prerogative
 Only limitation to parliamentary supremacy is natural law (or divine law)
 Higher law, but not a law within the legal system
 Judges often and historically used as an aid to interpretation
 Basic rules within british parliamentary
 Status: parliament is supreme/sovereign institution, and all other
institutions are inferior.

,  There is no legal authority/jurisdiction for judges/courts to:
o Consider, pronounce, and apply “unwritten principals” of the
constitution, or use the law as basis to strike down
parliamentary legislation
o Override or modify legislation
 Only exeption inapplicable to SWITCHED SLIDE Words
inferior, pronounce, use, common, constitution,
unconstitutional,void
2) History – overview and outline
 Legislative and executive gov’t, including courts, overlap in the first stages, until
greater definition and separation to the branches or functions. Development of
legislative and parliamentary sovereignty is separate from courts
 Importance of Divine Law/Natural Law as fundamental pillars for the Sustem of
Government and for itself. Christian and church influences have been
remarkable and enduring.
3) Pre-conquest
 Britain had legislative institution since the 19 th C
 Based around kingship and then moved to representation
4) Post-conquest 1066
 Curia Regis- undifferentiated jurisdiction (including legislative, administrative,
and judicial functions). Superior Institution and law.
 In practice, two types of assemblies: large assembly (of all the leading land
owners and officials), and small body of officials (nature: legislative and
administrative boards, and central courts of law)
 Foundational: distinction grows e.g. parliament (legistlature) and council
(executive), courts cease to exercise discretionary crown powers. Judges ceased
to be equal to other Council members.
 Separation of functions of legislating and adjudicating/interpreting text
5) Legislative supremecy of parliament
 Legislative supremacy of curia and council develops into sovereignty and
Switched:words: Omnicompetent , and omnipetint (powers over everthing)
 Frick theres more but words: sources, supremecy of law

2??Parliament (not sure what the two is for)

 Under the Canadian constitution, the crown
1. Makes laws, together with the house of commons and senate; and
2. Is head of executive
 However, as a result of convention:
o Crown gives royal assent
o Crown executive powers are exercised by
 PM, cabinent and bureacrats re political or governmental power, and
 Courts re judicial power

Summary: British gov rules over us. Roles used to overlap but then they got more defined

, IV Institutional incentives for parliament (heading of something)

In orfer to be more effective, MPs had to become more organized. One important wy was the THERES
MORE

1. Cabinent dominance
a. Commons is controlled by the political executive (at least when majority)
b. Underlines: political executive, legislation/vote theres more on slide
2. Party Discipline
a. Threats of punishment
b. Most often willingly vote with their parties, even if they don’t fully agree
i. Political parties nominate candidates, election campaigns
ii. Feel morally obligated
iii. Party discipline
iv. Protection from constituency reprisals and pressure from backbenchers (shield)
v. Appearance of party disunity hurts parties
c. If desire an appointment
3. Adversarial politics:
a. Essential: you have opposition parties and gov’t parties to hold each other to account
b.

Class 4 / September 16, 2019:
4. 3. Adversarial politics (from above):
a. Essential: you have opposition parties and gov’t parties to hold each other to account
b. Party teams, adversarial politics due to switched slide
5. Caucuses
a. There’s someone in each party called a house leader
b. Caucuses
i. The whip: assures members show up
ii. Selected on the basis of people skills (the whip)
iii. Okay the whip is a person
iv. The whip assigns office spaces, gives access to party research funds, designates
for travel abroad
c. Governing caucus
i. PM can lead the caucus
d. Size of caucus is crucial for dynamics
6. House of Commons
a. Parliament begins after the 1st throne speech after election and ends when prorogued
(dissolved)
b. Parliamentary session starts with throne speech and ends with prorogued
c. Parliament day starts with prayer and ends with adjournment
7. The legislative process

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