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Greg Flynn (95)
Lecture 5

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Department
Political Science
Course
POLSCI 3NN6
Professor
Greg Flynn
Semester
Fall

Description
Legislative and Executive Branches of government 1. Separation of powers and “Responsible Government”  If you limit the power of the exec, and make it answerable to us through the legislative branch  Make sure there is a body and system to hold those powers in place  Law-making authority within the legislative, judiciary interpret the laws etc.  Our executive branch of government, are members of the legislative branch of government. The prime minster and cabinet are also members of the legislative branch.  Executive has to maintain the support of the legislative government to continue on  They are responsible to us everyday.  Legislative branch is superior to the Executive branch. 2. Legislative Branch  Elements & Purposes o House of commons  Elected every election, representation by population body  One rep for every 100,000 Canadians  Canadian citizens to be elected to the House of Commons  House of commons must sit once every month for 5 years, unless election has been called o The senate  105 members appointed by GG with the advice of the PM  Must be over the age of 35 o Governor General o Purposes  Legislative branch make law  Legitimation of the actions of the executive branch of the government  Represent us in the government.  Accountability and to hold the executive branch accountably  Only when GG signs the law it becomes a law  Parliamentary Supremacy o Never really existed in Canada o Look more towards the U.K  Limits to Parliamentary Supremacy? o Federalism o Charter o Amending Formulae  5 different amending formulae o Extraterritoriality  Is the government of Canada limited to the contexts of the state?  Yes, the status of Westminster allows that government of Canada can make laws outside of Canada.  R. v. Bakker o Delegation  Canada can delegate there laws outside of Canada  Hodge v. The Queen  Argued that legislative’s cannot delegate there laws from the UK  Re: Ewing Estate  Have to pay as much as 8% of the state to the government  Government cannot delegate taxations o Tax =Payer’s protection act, required all future government to hold referendum asking citizens if they agree with the government raising taxes o Balanced budget Act, required all future government to hold a balanced budget, or a surplus budget o Self-Imposed Limits  Re: CAP  Wells v. Newfoundland  Wells was the former premier of Newfoundland, appointed to a new position in Public Unitied Board  They abolished this board  Mr. Wells then sued the government of Newfoundland legal community for breach of conduct  Popular sovereignty has been constrained by
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