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POL 224 Lec Nov 27, 2012.doc

5 Pages

Political Science
Course Code
Rodney Haddow

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POL 224 Lec Midterm Review Nov 27, 2012 Charter Continued ***Judicialization -power of the courts -applies to federal-provincial relations, always has -since 1992, its powers have extended -Left: (Mandel) corporate elite interests gain most -the charter has been good for business -corporations can go to court and establish principles that are good for them -corporation is a person under the charter (though not all of them) -class background of judges, cost of litigation, intrinsic individualism of charter -corporations see the principle of individual private property as vital -more so than social, language rights etc. -Right: (Knopff & Morton, Manfredi) charter decisions favor special interests (minorities); feminists, gays, visible minorities -linked to SCC via court party including legal clerks -clerks are lawyers that provide judge with background info on a case -ex. notes on past precedent cases -clerks are selected by the administration to have a pro-rights liberal point of view -thus the courts become liberal -dialogue view (discussed last class) -most judges are actually moderate, while you have the right to challenge the charter, you should be willing to yield to it reasonably -ex rape shield law -another defense of judicialization is that apparent activism reflects blame-avoidance by government (Morgentaler) -gov wants to avoid taking blame so they let the judiciary legislates touchy issues like abortion -to this day no government has legislated abortion laws -another ex was rape shield, also whether Quebec has the right to separate -feds must accept that a referendum is legal/ democratic -Charter is popular with the public POL 224 Lec Midterm Review Nov 27, 2012 -public opinion polls show across Canada (including ordinary Quebecers, though not separatists) -overall boundary b/w liberal and democratic imperatives is at issue Midterm -starts right at 6, not 6:10 in lecture hall -bring pens -thesis statement -4 questions, not 5 -form less important than content -introduce info that was not discussed when possible -224-254 relevant, nothing else in ch 8 -ch 9 somewhat useful Executives and Cabinet -PM and other ministers appointed to cabinet -bureaucracy: unelected, permanent officials -non-partisan -accountable to a minister as head of the department -minister is responsible to parliament -expected to do what the minister wants -ministers hide behind bureaucrats -little transparency -50 years ago, all blame used to go to the minister -there are also unelected political staffs -in each ministers office, the minister changes when a party changes and all his staff change too, bureaucrats do not necessarily change -is the executive a friendly dictatorship? POL 224 Lec Midterm Review Nov 27, 2012 -not everyone in government is elected -how does bureaucracy work? -merit replaced patronage in the 20th century, increasing expertise -before that anyone could have done the job -if we want more women in high positions, they have to be qualified -most bureaucracies work in ‘line’ departments’ -headed by a minister (political)/ deputy minister (bureaucrat) -most of Ottawa is a line unit -mentality: program and client loyalties -departments of health,
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