Final Exam -Definitions.doc

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University of Toronto Scarborough
Political Science
Christopher Cochrane

Final Exam – Key Terms Bureaucracy A system of government in which most of the important decisions are made by state officials rather than by elected representatives. A group of specifically non-elected officials within a government or other institution that implements the rules, laws, ideas, and functions of their institution; A government administrative unit that carries out the decisions of the legislature or democratically-elected representation of a state. Impartiality: Is a principle of justice holding that decisions should be based on objective - criteria, rather than on the basis of bias, prejudice, or preferring the benefit to one person over another for improper reasons. It is the belief if equality of all human beings. Serves gov't no matter which party rules; non- partisan Public Service Commission-Hiring decisions made by non- partisan officials; independent Merit vs. Patronage- Establish rigid criteria that everyone must meet to get jobs. If not, they will not hire (prevents patronage) Steering vs, Rowing Line Departments: are organizations with bureaucracy 1.) Cabinet minister-politician; MP; appointed by PM, heads department of bureaucracy 2.)Deputy Minister (DM)- Senior bureaucrat; civil servant 3.) Assistant Deputy Minister (ADM)- 2 ndSenior Bureaucrat; manages smaller area -Bureaucracy is rule based. -Requires a lot of people; how to maintain control? Rigid system --> bureaucrats 'row', politicians 'steer' Bureaucrats implement Ministerial Responsibility: Power-Power flows top to bottom; Bureaucrats often said to act in Queen’s name Accountability- flows upwards; If there is a big screw up in the bottom, cabinet minister is accountable; CM individually refuses to accept responsibility; only way for CM to fall on their sword is if PM tells them to (this convention is completely dead unless PM tells) -Bureaucratic Anonymity Problems -Bureaucratic Capture- If CM had no clue of what they're doing, asks bureaucrats and follows them --> spokesperson for department rather than gov't; By making top people amateurs, power gets shifted down -Fuzzy Accountability -Al-Mashat Affair Horizontal Central Agencies Management/Bureau cracy The Charter of Rights -Know all of the clauses inside and out Constitutional doc -No gov't can pass law that violates Charter Clauses Sec. 2: fundamental freedom Sec. 3-5: democratic rights (voting, gov't has to have election every 5 years) Sec. 6: mobility rights Sec. 7-14: legal rights Sec. 15: equality rights; can't be discriminated -Provinces have human rights codes -Deals w/ property, Charter does not -Human rights codes must accord to Charter -Denial of benefits Know every clause --> 34 sections -Gov't can limit certain rights by:If through law; Violation must be justifiable Reverse onus: If possess drugs, must prove you're not trafficking it; Violated Charter's innocence until proven guilty OakesTest -What is reasonable violation or not? - Courts decide; Reasonable rights clause -Supreme Court test to decide any violations of Constitution by gov't met limitations set by s.1 2 things -Does it oppress and substantial program? Means must be proportional to objective- If going to violate severely, must have really good reason to do so -3 criteria Limit must be rationally connected to gov't; Impair rights as little as necessary; Cost of impairment of rights Notwithstanding Amendment Formula- Can be changed; different amendment formulas for diff constitutions; General amendment- 750 clauses; Feds; 7/10 provinces; 50 % of population (i.e ON or Que) Unanimity Clause: support from all provinces and from feds; If change effects only 1 province can ask Limited Government Constitutional Supremacy: -Federal system of gov't; Source of gov't power independent of any other power -Neither level subordinate; need something above both -Constitution serves it: Supreme law of land; Can legislate on issue -If feds can't legislate, province can; and vice versa -Subject to gov't regulation - Rights tie hands of gov't- Can do it, no one can stop it from happening -Canada respects rights; but gov't could legally violate them -Enshrining Bill of Rights, deviates point of parliamentary supremacy Bill of Rights (Canada) -60s outlined freedoms but the problem was it wasn’t a constitutional document but rather a regular piece of legistlation. It could have been changed anytime. It also conflicted with another piece of government- which was the no say of one conflicting the other. R. v. Drybones (1970) S.C.R. 282 – court over ridded this case; Aboriginals can be drunk off reserves. They were able to interpret it in such a way that it was a legal reasoning and therefore can’t be conflicted with one another. Bliss v. Canada (AG) (1979) 1 S.C.R. 183 – Denied benefits (unemployment); Worked for a period of time, took maternity leave and when returned, got fired. They denied these benefits to pregnant women, which was considered gender discrimination however to the courts it was discrimination based on pregnancy. Victoria Charter of 1971 (fails) -Goal # 1: Patriate Constitution -Goal # 2: Entrenchment of Bill of Rights 1980 Quebec - “Renewed Confederation”- Referendum Patriation Reference Did feds have power to change Constitution Courts say feds have legal right to, 1981 but not convention Convention: rule not enforceable in court. The problem with that was it didn’t implicate federalism. Trudeau: what is court doing talking about conventions? Constitutional Gang of 8- All provinces except NB and ON. Quebec Levesque Negotiations believes in direct demo; believes in voting and referendum; always locking horns with Trudeau; When Quebec and Canada’s gov’t agreed with referendum, all the other provinces went crazy and didn’t want referendum. But when the concern of how and who would interpret rights, limitations, the provinces went with it. Compromises- Notwithstanding clause. If include Bill of Rights someone has to interpret ; If rights limited, someone must interpret; Interpreters --> judges - unelected ; Gives power to judge ; If gov't bring legislation, court says no, prov can enact notwithstanding; Section 33; Withdrew compensation demand Knight of the Long Knives- Levesque: Eng Canada betrayed French Canada; Quebec never signed the constitution The judiciary authorities of a country; judges collectively; Judiciary judges aren’t elected, democratically available; unelected judges have power -Know hierarchy of courts and feds appoint judges to some courts, and prov appoint judges to some courts -Court of Appeal doesn't look at evidence, just looks at law -Supreme Court decision is final -Whatever decision it makes, all other levels of courts must follow the precedent Precedent- What’s happened prior cases related to this issue Common Law Tradition Stare Decisis- Ruling of higher courts are binding on rulings of lower courts. Precedent of higher courts must be followed by lower courts. s. 96 courts -Courts of Appeal -Superior trial court – PM appoints for court of appeal and superior trial court Judicial -Appointed Process Independence -Security of Tenure -Administrative Independence -"Under the constitution, the judiciary system is independent of the other two branches of government, the executive and legislative. It is a guarantee that judges will make decisions free of influence and based solely on fact and law". -The text book says the following about administrative independence: "Judges are increasingly independent of the administration of the court system. Salaries and pensions are fixed in such a way that judges cannot individually or collectively be intimidated by government threats to reduce them...." Contermajoritarian Difficulty Foreign Direct -Abroad Investments; Top industries-manufacturing (32%); Investment (FDI) mining, oil and gas (19%). USA share a total direct investment of 53.7%; we need more foreign investments; concern of
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