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Regime
To rule
Refers to both form of gov. and underlying political principles that provide legitimate basis for that form of gov.
Kingship
One virtuous ruler, benevolent dictator
Tyranny
One ruler, personal gain/power
Aristocracy
Few rulers, ruling for the people
oligarchy
Few wealthy rulers, ruling for their own benefit
Polity
Rule by the many, for the many
Democracy
Rule by the many, acting in self-interest rather than law
Canadian Regime
Liberal democracy regime. Objective = Person liberty (freedom to live as you wish). Representative Democracy. Parliamentary, Cabinet gov, Responsible = Staples
LDR Fundamental Principles
Principle of Political Equality and Principle of Political Liberty
Social Democracy
Prioritizes reduction of socio-economic inequalities through gov assistance
Direct Democracy
All citizens directly involved in decision making
What makes democracy democratic?
Ppl consent to Policy by consenting to the government that adopts the policies
Demos
Rule by the poor majority, taking advantage of the wealthy (Tyranny of the Majority). Aristotle's reason for not like democracy
Representative Democracy + Why it is favoured
People elect to representatives to rule on their behalf. 2 reason:
1) Modern democracies to large for direct democracy
2) RD adds an aristocratic element to the regime
Populist
Elites with power used for personal gain
Political Liberty protects liberty through...
1) Scope of Action (What gov can do)
2) Method of Action (How it proceeds)
SOA
Liberal constraints limit government capacity to interfere where freedoms of expression, press, assembly. Restricts SOA to regulation of activities that have potential to harm others
Harm Principle
the actions of individuals should only be limited to prevent harm to other individuals
MOA -> Rule of Law
Government is not above law
Constitutionalism
Regime ordered w/agreed upon supreme rules
Implicit consent
Native-born canadians elected to live here -> using gov service + canadian protection
Rule of Law
principle that the law applies to everyone, even those who govern
What is equality/political equality
Equal political status/standing, not equal wealth or social status.
What can threaten political equality?
Barriers to political participation, unequal electoral rules, exclusion, or socioeconomic inequalities that undermine equal political participation
What two arguments support liberalism?
Natural rights (what is given) and utilitarianism (what works).
What is the utility principle?
Government should promote overall welfare and happiness
Liberty
Individuals have protected private sphere of freedom in which they make their own choices
How does popular rule operate in Canada?
Citizens elect representatives who exercise political authority through democratic institutions.
Forms of direct democracy
Referendum, Plebiscite, Initiative, Recall
What is Plebiscite
Consultative vote of the people (giant opinion poll)
What is Recall
Redo on the election
Inalienable rights
rights that cannot be taken away (fundamental freedoms). Ex. speech
Liberty in Canada is...
• parliamentary protections of rights largely utilitarian ( 1867-1982)
• Written constitutional protections more natural rights based(1982- present )
• brand of rights in canada more balanced and utilitarian in law (natural in spirit —> we see people feeling attachment to rights in canada)
4 functions of a constitution
1) Establish what persons will exercise the various forms of political power
2) Provide an authoritative division between national and regional governments in "federal" countries
3) Delineate limits of Government Power
4) Provide orderly processes to make changes to it (the constitution)
3 types of political power
1) Legislative Power: Power to make laws & set policy
2) Executive Power: "Execute" or administer that law or policy
3) Judicial Power: Settle Q's about violations of law and choose suitable punishment for offenders
Division between governments
Federal/National: Handles unity related issues (national defence)
Provincial/State: Distinct policies (education)
Residual Power
power not explicitly given to any level of government
Delineate limits of Government Power
Existence of the constitution = limits on the powers of government
Provide orderly processes to make changes to it (the constitution)
Regimes don't stay static, so constitutions contain provisions for amendment
2 forms of constitutional rules
1) Constitutional Convention
2) Constitutional Law
Constituional Convention
Enforced by public opinion (ex. we all face the door in elevator rides, enforced by the public but no legal rules)
Constitutional Law
Rules enforced by the courts. Organic Statues and Entrenched constitutional Act
Organic Statues
Statues establishing constitutional rules to distinguish them from states dealing with everyday matters.
Entrenched constitutional act
Supreme law of the regime
Canada Constitution Act (1867)
Dominion of Canada.
Focused on Executive , Legislative, Judicial powers along with provincial constitutions and federal division of power.
Preamble: "similar in principle to that of the United Kingdom"
Canada Constitution Act (1982)
Focused on Charter of Rights and Freedoms, Amending Formulas, Indigenous Rights, Equalization and Reduction of regional disparities, and Definition of Canadian constitution
Royal Proclamation (1763)
Assets British sovereign authority over Indigenous lands and permits those lands to be sold or ceded to the crown.
Makes solemn commitment to protect Indigenous Peoples.
Judicial Review
Judiciary task of defining constitutional terms and determining whether laws or actions taken by the government are consistent w/them
Clarity Act
Parliament reserved right to determine whether a "question" and "majority" is clear
Responsible Government
Makes the exec responsible for its action to a democratically elected legislative body
Five conventions of Responsible Government
1) Ministers exercise executive power, their ‘advice’ to Crown is really a demand.
2) Crown appoints ministers out of people who are MP’s
3) Ministers act as a team led by the PM
4) Crown only appoints ministers that “have the confidence of” the HOC
5) When cabinet loses confidence of the house, PM must inform Crown that cabinet is resigning or request that crown arrange for new election
Collective Responsibility
Ministers who can’t support consensus adopted by cabinet must resign
Confidence
Support of majority of members in HOC
Majority Government
Party that forms the cabinet has over half the seats in the HOC
Minority Government
No single party holds majority in the HOC
Supply and Confidence Agreement
Minor party supports minority party on votes. In return, minority supports minor party
Coalition Government
Two (+) parties share cabinet seats and govern jointly
Four conventions for the formation of government
1) Ultimate responsibility for choosing the government must rest w/ Crown
2) Crown must choose the person whose government is most likely to have confidence of HOC
3) Government remains in office till PM resigns on it’s behalf
4) PM (& Cabinet) must resign if gov loses HOC confidence and has no prospect of winning new HOC confidence
Plurality
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