Key Terms updated!!.docx

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Department
Political Science
Course Code
POLD89H3
Professor
Christopher Cochrane

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Description
The Confederation Debates Canadian Conditions + American and British Influences Executive­ Is the power to enforce/ administer law, this groups will be by imposing and enforcing the laws this was inherited from the British - the people who are in power to make the decisions and get things done, for example the Obama administration would be the executive power in charge  Legislative­ In the power to create is through legislative its by making laws and rules • - the will of the power to make laws and enforce the laws o Congress is the supreme court of the United states where the house of representative (it’s the senate, this where the legislative power is there) and senate is given the judicial power) Judicial Power­ the power to interpret laws o It’s the way the laws are interpreting for example the people who create the law then you will need someone to translate the laws o is the power to interpret the laws and explain the laws o the supreme court is the judicial power to interpret the laws and this where you have all the lawyers and everyone else o everyone should be responsible for their own part they should not do the work of each other Constitutional Supremacy: Constitutional supremacy definition is that the constitution is upheld above any law or legislation.Alaw that is passed cannot violate constitution rights. If a law is passed that violates the constitution then it can be taken to court and contested as unconstitutional Parliamentary Supremacy Federalism­ It’s an idea that we took from the government o Its form of unitary government that is the final government where all authority stands with the federal government o The power of provincial and municipal government are under the power of the federal government o Under the British government it was federalism Quasi­Federalism­ means somewhat, but not wholly ­­in 1867, Canada was “somewhat federal”, “but not wholly federal o ­ This basically federalism and all the power is with them since Canada became a country that was the only country Classical Federalism­  (1896-1914) o It was a classical theory of federalism for example the provincial government had their own sovernitgy and power within their own province and the federal government had its own final saying and power and decision making Unitary State­ is one in which final authority resides with the federal or single government Asymmetrical Federalism­ occurs when some subnational gov have more power than  others (if 10 provinces and some have more power than the other) Fiscal Imbalance­ It refers to the fact that the federal government has the money and the provincial government has the responsilties for everything else such as health and education and many more Executive Federalism­ Everything is under the control of the executive federalism Cooperative Federalism­ (1945- present)  All the government has to work cooperatively because if the provincial government needs something than they would cooperate with the federal government which would provide them with the money or funding  For example if the provincial and federal government wants to work on road construction so they would cooperate together and work together to attain their goal The Evolution of Canadian Federalism Written and Unwritten Constitutions­ Constitutions maybe written (i.e. codified), e.g. theAmerican constitution o TheAmerican construction is written down which governance everything inAmerica for example what is the power of the government, what can senate do, what can the ministers o Everything is written down which is a legal document that control everything o This is theAmerican law o maybe written for example Unmodified) eg the British constitution o Its often unwritten because there are many laws and regulations which are not written down anywhere because there are more books and laws but they are not written down it’s a form of customs • The difference between American and the British constitution is essentially this for the Americans, anything unconstitutional is illegal, however rights and necessary it may seem, for the British anything unconstitutional is wrong however legal it may be • Constitutions may be written for example codified The American constitution • Constitutions may be unwritten not codified for example the British constitution Constitution address these questions What offices of government are to exist and how is power to be allocated among these office o For example what power does the president has to congress o Who hold the power to the people Who may hold these offices, how are these people to be chosen and by whom o For example the constitutions may decide who can run for the position, who can be assigned to position\ o What election shall be hold to assign the positions • Laws­ Laws are codified rules that are enforceable in a court of law o If it’s a law written down in a constitution then it applied in the court and can be used • Conventions­ customary rules that are not enforceable in a court of law o These laws maybe written somewhere but they can’t be used in the court of law o It’s not written down somewhere that states that no one should violate this laws or not o These laws are customary which are not important o It exists as matter of customer Residual Power: There’s an office manager job opening available. The description states the person will be responsible for A, B, C and Dandy will report directly to the CEO. That CEO likes to approve employee’s expense reports (for instance). CEO tells new manager, "You are responsible for everything around here, EXCEPT the expense reports, those come to me". The expense reports are now considered "residual power" - the office manager was given absolute power, with the exception of this one thing. That one "thing" is power being "held back" or is "left over" after all other responsibilities have been designated to someone else , Reservation and Disallowance: are historical constitutional powers that were instituted in several territories throughout the British Empire as a mechanism to delay or overrule legislation. Originally created to preserve the Crown's authority over colonial governments, these powers still exist in a few Commonwealth realms and British territories. They are now generally considered obsolete, and in many cases have been formally abolished Declaratory Power: in Scots law, is an unusual power held by the High Court of Justifier, which enables it to declare behavior to be criminal, even if that behavior had not been previously defined as criminal activity. This power has been used conservatively in the modern period, generally only in cases where an act is clearly comparable to an existing crime; it has, for example, been used to declare the selling of kits for glue- sniffing criminal. As the specific boundaries of many offences are left somewhat loosely defined, it can be difficult to distinguish the application of the declaratory power from cases where the court interprets existing legislation to cover new situations Responsible Government: Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability, the foundation of the Westminster system of parliamentary democracy The House of Commons­ the house of common is referred to as the lower house, it’s the people placed lowered with less power compare to the pm or the queen. accountability  chamber; you need to know who is exercising power and you need to have opportunity to  hold those people accountable for decisions they make (accountability) The Senate: is a component of the Parliament of Canada along with the House of Commons, and the monarch (represented by the governor general. The Senate is modelled after the British House of Lords and consists of 105 members appointed by the governor general on the advice of the prime minister. Seats are assigned on a regional basis, with each of the four major regions receiving 24 seats, and the remainder of the available seats being assigned to smaller regions. The four major regions are Ontario, Quebec, the Maritime Provinces, and the Western provinces. The seats for Newfoundland and Labrador, the Northwest Territories, Yukon, and Nunavut are assigned apart from these regional divisions. Senators may serve until they reach the age of 75. Representation by Population:  this depends on how many people are living in area so then the person who is in charge in representation the area or region by the population that place has Single Member Plurality (aka “First past the Post”) Electoral System Proportion Representation Electoral System Single Transferable Vote: is a voting system designed to achieve proportional representation through ranked voting in multi-seat constituencies (voting districts). Under STV, an elector has a single vote that i
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