Final Exam - Democratic Deficit and Checks and Balances

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22 Apr 2012

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Democratic Deficit
Adversarialism just because your opponent wants it, you don’t want it
Party discipline
Judges have so much power s.24 judges are the ones to strike down with a
charter violation.
Centralized with executive
PMO/PCO cabinet is no longer effective check
Prime-ministerial government
Senate not an effective check adversarialism/appointed
officials/suspensive veto on constitutional bills
Second sober thought Senate should be location of bills where people are
not partisan, how it should benefit the country they are partisan because
they must remain loyal to the PM.
Problem with election of MP FPTP problem, false majority
Ineffective Checks
GG –no national connection/didn’t care in the past
o Must act on PM’s advice: limits their authority
o Must remain loyal to PM
Senate: non-elected/appointed body appointed by PM partisan/loyalty
o Can be overridden by the HoC on Constitutional bills
o No legitimacy
House of Commons majority vs minority government party discipline
o Responsible government: PM is accountable/responsible to the HoC,
in a majority, it doesn’t need to be. Prime Ministerial
Cabinet: loyalty to PM, party discipline
o Institutionalized/collective responsibility
Effective Checks
Courts: Guardians of the Constitution
o S. 24, government must listen to court ruling.
o Limits the power of feds
Media: public of government image
o Direct link between government people
Provinces: s.33 Notwithstanding Clause
o s.92 federal government can’t touch the provincial powers, WATER
o Premiers: first ministers conference
Constitution: Supreme law, no loopholes, limit on authority (set term dates,
Opposition Parties
o Other point of view, more options, not forced to elect a certain party
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