The Canadian Regime Chapters 1-3 Definitions

Regime

Centre or institution that retains sovereignty, authority, and power over a group of people or state. Institution of government, as well as the people making up government, principles of government.

Kingship

Greater Good, Single Ruler

Tyranny

Selfish, Single Ruler

Aristocracy

Greater Good, Few Rulers

Oligarchy

Selfish, Few Rulers

Polity

Greater Good, Many Rulers

Democracy

(Fernández-Armesto

Tyranny of the Majority

When the interests of the many override the interests of the minority or individuals and effectively oppress them.

Equality

Does not mean social or economic equality,

but does mean a relatively equal role in political rule. Economic or social inequality can impede on this.

Liberty

Freedom, within the private sphere, freedom of choice within the bounds of the law.

Direct Democracies

Form of democracy when the people directly decide (voting, referendums, general consensus) on public policies.

Parliamentary Democracy

Form of democracy where executive power resides in the legislature. The heads of state and government are separate. Examples include the United Kingdom, Canada.

Representative Democracy

Democracy in which the public is indirectly represented by elected representatives. Groups of people elect these representatives by region or constituencies.

Republican

Pertaining to characteristics of a republic. People hold popular sovereignty rather than a monarch or an individual.

Liberal Democracy

An ideology in which a representative democracy operates under the principles of liberalism.

Private Sphere

Certain sector of social life where a private individual wields authority without intrusion of government or institutions.

Liberalism

Political ideology based on the principles of liberty and equality.

Natural Rights

Also known as human rights, they are inherent and universal rights that are inalienable. Includes fundamental freedoms such as speech, assembly, religion, and press.

Utilitarianism

Greatest happiness for the greatest number of individuals. Greater good.

Harm Principle

Liberty of individuals should be limited so that they are prevented from harming other individuals.

Rule of Law

Law should govern the nation as opposed to being governed by arbitrary decisions by individuals within the population.

Constitutional

Relating to an established set of principles that govern the state or country.

Legislative Power

The power to make laws

Executive Power

The power to implement laws

Judicial Power

The power to interpret laws

Residual Power

Power held to remain at the disposal of a governmental authority after an enumeration or delegation of specified powers to other authorities.

Constitutional Convention

Constitutional rule based on implicit political agreement and enforced in the political arena rather than by the courts. Not judicially forced and are flexible. Based on precedent and history and embody principles.

Organic Statue

An act of the authoritative legislative body (i.e. Parliament of Canada). Establishing a legislation that has constitutional content. Detailed but not entrenched, revocable.

Entrenchment

Constitutional concept of inviolability of principles by writing them into the text of a constitutional law.

Constitutional Laws

Comprehensive codifications of all (or most) of a country's constitutional rules. Authority of constitutional laws are greater than others since they cannot be changed easily.

Preamble

An introduction stating the reasons for the act that follows.

Patriate

Transfer control over (a constitution) from a mother country to it's dependency. (United Kingdom to Canada)

Veto

A constitutional right to reject a decision or proposal made by a lawmaking body.

Judicial Review

Doctrine under which legislative and executive actions are subject to review by the judiciary. Can invalidate laws or decisions that go against a higher authority (constitution).

Clarity Act (2000)

The right to determine whether a "question" and "majority" are "clear" is reserved to Parliament itself. A province's secession would require an amendment to the Canadian Constitution.

Separation of Powers

The separation of executive, legislative, and judicial powers to ensure that no single body of government or authority gets too powerful and abusive in their power. Putting powers in different hands might lessen the tendency to tyranny.

Responsible Government

It makes the executive responsible for its actions to a democratically elected legislative body. Mediating role of the legislature. A regime in which legislative and executive power are fused together in a cabinet which is accountable to an assembly of the people's elected representatives.

Five Conventions of Responsible Government

1.Crown only execute power through command of ministers

2. Collective Responsibility

3. Crown appoints ministers/advisors who are MPs

4. Crown appoints ministers who have the "confidence"

5. If ministry looses confidence - reign or new elections

Collective Responsibility

Ministers act together as a team or "ministry" led by a Prime Minister, with each minister sharing in the responsibility for all policy decisions made by any member of the ministry.

Confidence

Gov. General (GG) appoints those with confidence of the House, Responsible Government is still Party Government, Must be able to command a majority

Parliamentary Government

A parliamentary system is a system of democratic governance of a state in which the executive branch derives its democratic legitimacy from, and is held accountable to, the legislature (parliament); the executive and legislative branches are thus interconnected. Similar to Responsible Government

Cabinet Government

A government in which the real executive power rests with a cabinet of ministers who are individually and collectively responsible to the legislature- responsible for fusion of power

Fusion of Powers

When multiple powers are fused into one branch of government. Responsible Government causes the executive and legislative branches to be fused within one branch.

Four Conventions for the Formation of a Government

Ultimate responsibility for choosing the government must ret with the Crown, Crown must choose who is most likely to have the confidence of the House of Commons, Government remains in power until the prime minister resigns on its behalf, PM must resign if his or her government has lost the confidence of the House of Commons and has no prospect of winning the confidence of a newly elected House.

Coalition

An alliance of political parties that either form the government or opposition for combined action due to mutual interests or goals.

Majority Government

A government in which a one party forms the government while possessing over half the seats in the House of Commons.

Minority Government

A government in which no single party possesses a majority of seats where the government must be formed from a party that controls less than half of the seats.

Head of Government

Leader of the ruling party and chief of the executive branch, presides over a cabinet. Implements laws, supervises bureaucracy, and makes all-important decisions with the approval of the cabinet.

Head of State

An individual who is the chief public representative, the first citizen, leader of the nation. Largely ceremonial. Attends political functions, exercises political powers, legitimises the state.

Party Discipline

The ability of a parliamentary group of a political party to get its members to support the policies of their party leadership. In liberal democracies, it usually refers to the control that party leaders have over their caucus members in the legislature.

Constitution Act 1867

Executive power, legislative power, provincial constitutions, federal division of power, judicial power

Canada Act 1982

Charter of Rights and Freedoms, Aboriginal Rights, Equalisation and Regional Disparities, Amending Formulas, Definition of the Canadian Constitution