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POLI SCI 3NN6 Lecture 5&6.docx

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Political Science
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Greg Flynn

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Lecture 5&6 State; is the entity looking at it as a government; relationship we have with the legislative and executive branch of government Legislative and Executive Branches of Government  Separation of powers and “Responsible government” o the idea that if you separate the powers of the executive and limit it; and make them answerable to the people; then you can avoid the possibility of tyranny o when we talk about the executive we make them accountable to us o we limit the scope of their power through the legislature o we have three branches  executive;  to administer and enforce the laws  legislative  job to make laws  courts  have to interoperate law o the government is accountable to… o the government can only stay in in power if it abides by the legislature o legislative branch has more power o in the US there is no responsible government o developed 50-60 years prior to confederation  existed prior to 1837  LEGISLATIVE BRANCH o a. there are three bodies that exist  house of commons (308 members that are elected 1 of 100,000)  section 4 and 5 of the charter  must sit every 12 months; cannot sit for more than 5 years unless war has been declared and ¾ agree  senate  105 members divided on regional bases 24 for Ontario  sit until 75; and then they must retire  governor general/queen  minimal role; but have to sign bills and laws o b. elements and purpose  straight forward 1) job to make laws/write legislature 2) legitimize the action of government on our behalf 3)representation; act on our behalf to show our views 4)hold the executive to account o c. parliamentary supremacy  looking at the laws the parliament makes  the legislature has the authority to make or break laws at it sees fit  the other levels of government are subordinate  exist strongly in the UK  never existed in Canada  limits to parliamentary supremacy?  federalism  divide powers between two powers of government  constitution permitted o but are sovereign within the laws they are permitted  charter  reasonable limits clause section 1  not withstanding clause section 33  Amending Formulae  prior to 1982; it had to go to the queen and actually do so  since 1982; we have amending formulae… make laws accordingly  Extraterritoriality  can parliament laws that apply in Canada to acts of Canadian citizens outside of the country?  extended their laws o yes they can, make laws that apply to citizens outside of the border  R. v. Bakker  was an individual who was the first person tried to commit crimes; in a foreign country  had a thing for underage girls  he video taped himself
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