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Sept. 25, 2012 - (Legislative Power in Canada).pdf

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Political Studies
POLS 303
Joe Garcea

Sept. 25, 2012 - (LegislativePower in Canada) September-27-12 8:42 PM Legislative Power in Canada - Bills must be approved in all three branches before they become law. Parliamentary Supremacy/Rule of Law - Dicey’s “Supremacy of Parliament.” - No political legal power was above Parliament. - Dicey was a firm believer that the freedom is dependent on the sovereignty of Parliament. o This includes the impartiality of supremacy of the Common Law. Some limitations in Canada - Federalism divides political and sovereign powers. - Judicial review to decide on questions. - Post-Charter, Dicey’s model is turned on its head. o Feared courts would question bills that were passed. The Senate - Canada has a bi-cameral legislature. - Both houses are supposedly equal. o Bills can be introduced in both Houses. - Senators are summoned by the Governor General on the advice of the prime minister. - The Senate has 105 appointed members: o 24 from Quebec. o 24 from Ontario. o 24 for Maritimes (except Newfoundland and Labrador). o 24 for Western provinces o 6 for Newfoundland and Labrador o 3 for each territory. - Created to “counterbalance” representation-by-population. - Strong, stable, national, majority Conservative government has attempted to pass some reforms to the Senate. o Provinces would elect senators. o Term limits?  Section 44 of the Constitution Act (1982) allows Parliament to make changes. Census - Must be done every ten (10) years. - Parliament is realigned every 10 years. - The House of Commons elected every five years. o Composition is expected to change. o No province can have less seats the number of Senate seats. Democratic Representation Act, 2010 - Changes formula as to how seats were readjusted. - In 1985, new seat redistribution formula was created. o It was meant to curb the growth in seats. House of Commons/Legislative Pr
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