POG 100 Lecture Notes - Lecture 5: Bully Pulpit, Indian Oil Corporation, Supreme Court Act
20 Jun 2018
School
Department
Course
Professor
Lecture 5: The Branches of the State
The legislature: The “sovereignty” of supremacy of the people?
- Emblematic of “democracy”
- An “institutional” check on power
- See box 5.5 for example of declaring war
e.g., Britain’s Westminster model
Governments need to get assent of legislature
Limits of power dictated by rule of law, conventions and practices
Legislatures cannot make decisions that “bind” future legislatures from reversing
Legislative structures
- Unicameral with Monarch
e.g., Sweden, Norway, Denmark, New Zealand, Canadian provinces
- Unicameral Republics
e.g. Finland, Hungary, PRC, Cuba, no monarch
- Bicameral with Monarch
Japan, Canada, Australia, UK (Westminster system), Belgium
- Bicameral Republics
e.g., USA, Russia, Romania, Poland, India, France, Argentina, Brazil, Mexico,
Switzerland, Nigeria, Austria
Seat arrangements
- In republican, it is a semi-circle, party’s discussing not opposing
- House of Commons, opposing each other
House of Commons/ Legislative Assembly Functions
- Law making (committee work)
- Debate and accountability (question period)
Debate laws
Hold executive government accountable
- Budgeting for government
Only government can present the budget
Make the budget and improve it
- MPs: Representing whose views?
MP’s represent the party
Role of the Loyal Opposition (Shadow Government)
- The duty to “challenge” government policies
- Suggests improvements, and present an alternative to the current Government’s poly
agenda
- More people vote for the opposition than for the government
- Challenge the government
How a bill becomes a law
- Someone has an idea
find more resources at oneclass.com
find more resources at oneclass.com
- Submit idea to house of commons
- Goes to a reading
- Goes to a second reading
- Goas to a committee
The Second Legislative Branch: The appointed Senate/House of Lords
- In the senate chamber, senators review bills passed in the house of commons and
introduce their own legislation
- But NOT bills that raise or allocate public funds
- Senate has some powers as house of commons but cannot introduce money bills
- Senates are appointed and therefor have no say on how people’s money is spent
- Second chamber
- Reviews bills passed
USA Congress: House of Representatives and Senate
- Clearly defined electoral rules and terms
- Must pass legislation
- Review cabinet/high level bureaucratic appointments
- Final authority on budget and finance
- “Power of the Purse”
- Oversight of the executive (overriding veto, impeachment)
- Senators are elected
- Senators are just as legitimate as house of representatives
- Senators in US are very powerful
- Pass budget, review key appointments president have made to government
- Elected for a 6 year term
Upper House in Hybrid Systems: French Senate and Germany Bundesrat
France
- Strong representation of rural areas
- 348 seats, appointed by “Grands electeurs” (i.e. Not elected by the people)
- can introduce legislation (no money bills)
- nine year terms
- (one third elected every three years)
- 150 thousand people generally
- senate represent regions and are elected by regional
Germany
- represents the provinces and delegates reflect provincial government choices (i.e. not
elected)
- appointment follow provincial elections
- receives legislation first; cannot introduce (can veto)
- 69 seats (very small compared to Bundestag)
- second chamber composed of people appointed by provincial government
- important, reviews legislation, can veto but doesn’t normally
- have to introduce law to it first
find more resources at oneclass.com
find more resources at oneclass.com
Canada: The Executive Branch: The Head of State and/or the Head of Government
- Canada is a constitutional monarchy. Elizabeth II is the Head of State.
- “The executive government and authority of and over Canada is hereby declared to
continue and be vested in the Queen.” (Constitution Act, section 9)
- Elizabeth II, Queen of the United Kingdom, Canada and of her other realms and
territories, and head of the commonwealth
- Head of state in Canada (Queen Elizabeth, monarch)
Symbolic Power: the Governor-General
- Governor General only performs official duties on the advice of the prime minister
- Duties are largely symbolic and have been transferred by convention to the elected
executive (prime minister)
Political Power: The Prime Minister
- The head of government by convention
- Position of prime minister is not created by law (it is not mentioned in the Canadian
constitution), though it is recognized by the law
- The prime minister is normally a Member of the House of Commons (notice the
executive and legislative branches overlap here)
- The prime minister holds and exercises the real power in the Canadian political system
- Most important is power of appointment
- Prime minister appoints governor general, cabinet, sub cabinet, head of army etc.
- Enormous power
The Prime Minister’s Power: More Than First Among Equals
1. Chief policy and program maker and administrator
2. Chooses cabinet ministers, and deputy ministers (heads of the public service)
3. Chairs cabinet meetings (gives strategic direction)
4. Dominates house of commons (reserve)
5. Controls government organization
6. Powers of appointment
7. “advises” governor general on timing of elections
8. Party leader
9. Conducts International Affairs
10. Personification of government for Canadians
Cabinet/Queen’s privy Council
- The Constitution provides formidable powers to the executive branch of government
which are exercised by the Queen’s Privy Council
- This advisory body consists of all current and former ministers of the crown; more
commonly it is known as the cabinet
- Chosen by prime ministers typically on bases of region
- Trudeau says half of cabinet must be female
- Discuss policy, coordinate action
- Formulates and discusses policy
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
See box 5. 5 for example of declaring war e. g. , britain"s westminster model. Limits of power dictated by rule of law, conventions and practices. Legislatures cannot make decisions that bind future legislatures from reversing. Unicameral with monarch e. g. , sweden, norway, denmark, new zealand, canadian provinces. Unicameral republics e. g. finland, hungary, prc, cuba, no monarch. Bicameral republics e. g. , usa, russia, romania, poland, india, france, argentina, brazil, mexico, In republican, it is a semi-circle, party"s discussing not opposing. Suggests improvements, and present an alternative to the current government"s poly agenda. More people vote for the opposition than for the government. The second legislative branch: the appointed senate/house of lords. In the senate chamber, senators review bills passed in the house of commons and introduce their own legislation. But not bills that raise or allocate public funds. Senate has some powers as house of commons but cannot introduce money bills. Senates are appointed and therefor have no say on how people"s money is spent.
