Class Notes (839,559)
Canada (511,394)
PAP2300 (37)

5 - Public Administration, Institutions, and Law.doc

10 Pages

Public Administration
Course Code
Frank Ohemeng

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1 Public Administration, Institutions, and Law Factors Influencing Organisational Structure Gregory Inwood: 3 Major Factors: a. Capitalist Democracy - Canada is a capitalist state, meaning it’s more pro-market. Influenced by US. - P3 Canada Inc – public-private partnership – created to ensure the market influences government’s decisions and actions. - Key issue: Private Property rights - Collective Rights b. The Federal System - Two basic systems in different countries: Unitary System – ex: Britain, and Federal System – ex: Canada, USA - One central government - A political organisation in which the activities of government are divided between regional governments and a central government in such a way that each kind of government has some kind of activities on which it makes final decisions. - Each level of government has more or less complete authority over specific spheres of activities. - The various levels of government (regional, central) obtain their respective powers from the country’s constitution and not from each other. - Citizens owe some loyalty to more than one level of government, and both levels may act directly on the citizens. c. Cabinet-Parliamentary System - Executive – Legislature – Judicial: are all separate in US, strict separation of power. Checks and balances – checking each separate entity, each one checks the others. - In Canada, the Executive and Legislature are not separate, they are fused. Judicial is independent. - Executive branch: under this branch is the Crown/Queen, Governor General, and Cabinet. Section 9 of the Canadian Constitution says that the Executive government and the authority of and over Canada is vested in the Queen. The Bureaucratic Executive - Section 9 of the Canadian Constitution says that the Executive government and the authority of and over Canada is vested in the Queen. Queen – Governor General. 2 - Constitutionally, the elected executive of the federal government is responsible for formulating and implementing public policies. - The process of implementing these policies is entrusted to permanent state officials employed by the government. - The Executive Branch is governed by the Queen - The bureaucracy is part of an arm of the executive branch. Its duty is to implement policies that are made by the cabinet. It also provides a bias on the formulation of the policies to the cabinet. - The only thing that parliament can’t do is change a man into a woman. They can do anything else they want. The Cabinet - The Cabinet is comprised of the current (cabinet) ministers. - Constitutes the real executive power in Canada. - All public servants act under the direction and control of the Cabinet. - The Cabinet is accountable to parliament and may continue to govern only as long as they retain the confidence of parliament. Legislative Branch - In parliamentary democracy, parliament is the most important institution. - This branch receives its power to govern from the legislature. The executive branch is accountable to the Legislative Branch. Government needs the approval of parliament to legitimize its policies and activities, particularly for the expenditure of public funds. The Judicial Branch - Consists of the Supreme Court and all other courts, and judges below it in the federal and provincial court system. - The Supreme Court rules in disputes or conflicts about the Constitution or law. The Bureaucratic Executive a. Operating Departments or Ministries b. Crown Corporations c. Regulatory Agencies d. Semi-Independent Agencies e. Advisory Bodies Departments or Ministries - *A department is an administrative unit in comprising one or more organisational components over which a minister has direct management and control. - Ex: Jim Flarhaty is the minister of the Finance Ministry. - Under the Constitution, ministers are supposed to have close and direct control over the actions of a department. This differs from the Minister’s relationship with 3 regulation agencies and crown corporations. Arm’s length relationship – farther than “direct” – responsible, but not accountable. 4 Classification of Departments/Ministries a. Horizontal Policy Coordinative Departments - Tend to be most politically influential. - Ex: Ministry of Finance, Foreign Affairs and International Trade, Department of Justice, Privy Counsel, and Treasury Board Secretariat. - These departments have high policy influence because of the formal authority given to them, and also because they can afford those who work there. - They have the highest number of strategic opportunities to intervene in almost any policy issue that they wish. - They are small, in terms of number of employees and size of budget, but very strong in terms of responsibility. - b. Horizontal Administrative Coordinative Departments - These are less influential, because they are considered the nuts and bolts departments that provide the means for other departments to operate. - Ex: Public Works and Government Services Canada c. Vertical Constituency Departments - These are departments that generally provide direct services to the public. - They are high profile departments, in that they have the largest budgets, and deal with a large number of constituencies. - They lack the power to intervene in the affairs of other departments, but their large budget and vocal constituencies give them a significant amount of power. - Ex: Ministry of Environment Functions of Departments a. Program Administration - The relevant department is given the responsibility for transforming a policy into a program. b. Policy Development - They do not only implement policies, they develop them. Especially for new governments. - Each department is seen as an expert in the process of policy making. c. Research, Analysis, and Record Keeping - To gain knowledge about the activities that will enable them to better deliver services or programs and develop policies, all departments gather and maintain information regarding their activities. They do research, collect data, and keep it to make analysis. 5 d. General Liaison and Communication - Departments communicate their activities with a host of government and nongovernmental organisations to policy and program stakeholders; parliamentary actors/MPs, media, and the people. Such communication may involve the provision of information to citizens who are entitled to the departments’ services. Central Agencies - A central agency is any agency that has a substantial amount of continuing legitimate authority to direct and intervene in the activities of other departments. - Central agencies obtain their power either from legislative authority to operate in a particular area or from proximity to someone with legitimate authority such as the prime minister. Four Main Central Agencies: 1. The Prime Minister’s Office (PMO) 2. The Privy Council Office (PCO) 3. The Treasury Board Secretariat (TBS) 4. The Department/Ministry of Finance The Prime Minister’s Office (PMO) - The PMO works directly for the PM and has overtly partisan political role. - Its major responsibilities is to serve the PM by providing advice on how policy initiatives will be viewed politically in the country, and to assist in other ways that will cast the PM in the best political light. Functions of the Prime Minister’s Office (PMO): 1. Planning and coordinating major new policy initiatives 2. Liaison with the party machinery across the country 3. Maintaining good relations with the media 4. They write speeches for the Prime Minister 5. Advising on appointments and nominations 6. They brief the Prime Minister about issues that could come up during Question Period 7. Housekeeping – making arrangements for the Prime Minister for travel, invitations, and other requests The Privy Council Office (PCO) - A relatively small organisation that provides policy advice and administrative support to the PM, cabinet, and cabinet committees. - Not partisan – anyone can work here. Unlike the PMO – if you support the Marijuana Party, you can’t work in the PMO.
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