Lecture 5 – October 12.docx

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20 Mar 2012

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Lecture 5 October 12, 2010
Parliament is constantly evolving
Sometimes parliament is shunned to the side
Legislative branch = HofC/ Senate
o Third one : Crown in Parliament
If speech of the throne passes = gov’t approved
o 1985 didn’t pass
o Passed federally unlike others (passed provincially)
Parliament’s 3 components
Crown in Parliament
Authority is from Crown
Section 55 = nothing becomes law until Crown gives consent
Section 56 = governor and council might actually disallow laws that have
Known as the powers of reservations and disallowance
o Written down but can’t use them
House of Commons
o AC = 30 seats
o Appointed on regional basis
o 105 senators
Represent regions
o Vote on partisan basis
o Sober second thought
o As democracy grew, senators lost legitimacy
o If you want to elect senate, it gets complicated as its not underlined in the constitution
Section 42 if you want to change the amount of ppl in senate, you need 7
provinces to go along with it
o Senate = part of amending formula
o If you want to change senate
2 bills
Cant be around for more than 2 terms
Unconstitutional = law that says that there will be elections for senators
o Unconstitutional b/c courts will say you are changing the basis of
What if there is a stalemate between senate and House of commons
o b/c the senate does not have democracy legitimacy, it’s very hesitant to hold of legislation
coming from the house of commons
Functions of Parliament
Establish a gov’t
Provide resources for gov’t
o By voting money for resources
o Not senate
Offer an alternative gov’t
o Not senate
Secrutinize gov’t performance
o Formal veneer
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