POLI 101: Canadian Politics Study Notes

POLI 101: Canadian Politics Key Terms

Fundamental Concepts of Regimes

  • Regime:
    • Basic form of government and principles that explain who rules and why.
    • Composed of:
    • a) Institutions of government: e.g., parliament, courts
    • b) Principles behind those institutions: the “why”; e.g., representation, democracy
    • Provides legitimate basis: a justified reason for why certain people can rule.

Aristotle and the Categorization of Regimes

  • Aristotle's Perspective:
    • Categorized regimes based on observations regarding democracy and virtue.
    • Believed that if people learned virtue and cared for the common good, it would remedy democracy's issues.
  • Key Questions:
    • Who rules?
    • For what purpose?
    • What regime principles lead to the common good?

Types of Regimes According to Aristotle

  • Pure Regime:
    • Very rare.
    • Distrusts democracy due to potential tyranny of the majority, which ignores minority rights.
    • Advocates teaching virtue to rectify democracy's failings.
  • Kingship:
    • One ruler with the intent of pursuing the common good; akin to a benevolent dictatorship.
    • Example: King Charles ruling to protect citizens.
  • Tyranny:
    • One ruler acting solely in personal interest, often leading to public harm; e.g., Trump jailing opponents.
  • Aristocracy:
    • Few rulers who are supposedly working towards the common good, though history shows this is rare.
  • Oligarchy:
    • Governed by small elites seeking their own advantage; examples include Putin's regime.
  • Polity:
    • Rule by many aiming for the common good, though this ideal is often not realized.
  • Democracy:
    • Rule by many interpreted through the lens of self-interest; mass behaviors can lead to mob rule and tyranny of the majority, where the majority neglects minority needs.

Tyranny of the Majority

  • Concept where majority rule acts unfairly towards minority groups, dismissing their rights.
    • This resonates with citizens' desire for popular rule while also respecting minority rights.

Liberal Democracy

  • Definition:
    • A political system emphasizing the protection of rights, encompassing liberty (liberalism) and democracy.
    • Key components: Equality, Liberty, Consent.

Crucial Factors in Liberal Democracies

  • Private Sphere:
    • Areas outside government intervention, protecting citizens' rights, e.g., religion.
  • Rule of Law:
    • Legal structure ensuring that everyone follows the law equitably, with government actions grounded in legality.
  • Constitutionalism:
    • Requirement that regimes operate within agreed-upon rules; the constitution serves as a fundamental guide.
  • Consent:
    • Obligation of citizens to adhere to the laws they have implicitly agreed to; expressed through upbringing or elections.
  • Citizenship:
    • Encompasses citizens' rights to participate in the regime and adhere to its rules; Indigenous peoples often not included as citizens but rather subjects.

Types of Democracy

  • Direct Democracy:
    • All individuals involved in political decision-making, like assemblies or votes.
  • Parliamentary Democracy:
    • Citizens elect representatives to relay decisions and interests; considered a switch from direct to indirect representation.
  • Representative Democracy:
    • Indirect governance where elected representatives make policy decisions on behalf of the citizenry; reasons for this structure include:
    1. Impracticalities of direct democracy—voting on every issue is unrealistic.
    2. Intemperance of direct democracy—excessive passion can lead to majority tyranny or abuse against minorities.

Seven R’s in Regime Principles

  • Representation:
    • Ensuring elections and diverse representation in government, aiming for gender balance and fairness.
  • Reconciliation:
    • Efforts towards decolonization and addressing historical injustices.
  • Revolution:
    • Political culture focused on stability in reaction to past revolutions.
  • Reform:
    • Continuous institutional improvements ensuring valuable factors like free speech remain protected, preventing regression.
  • Regression:
    • A state when systems decline due to negligence or lack of vigilance towards democratic principles.

Key Principles of Regime Equality

  • Political Equality:
    • All citizens deserve equal access to power and rights; based on the principle of "one person, one vote."
    • Threats to equality emerge from economic and social inequalities, where individuals with more resources can influence decision-making.
  • Rough Equality in Voting:
    • Aim for equal representation in political offices to prevent manipulation like gerrymandering, with strict regulations on campaign financing.
  • Non-Political Equality:
    • Recognition that economic and social disparities can persist even within frameworks emphasizing political equality.

Liberty in Liberal Constitutionalism

  • Definition:
    • Freedom to make personal choices without undue government interference, ensuring personal autonomy.
  • Liberalism:
    • Commitment to individual freedoms, advocating for rights and limited government intervention.
    • Liberal democracies operate under concepts like natural rights and utilitarianism:
    • Natural Rights:
      • Inherent human rights recognized by constitutions.
    • Example: Individual liberties enshrined in law.
    • Utilitarianism:
      • Values derived from practical governance aimed at collective happiness, often denying universal rights in favor of contextual government responses.
      • Utilitarianism employs the harm principle to regulate rights—intervention permissible if it mitigates harm.

Canada's Liberty Framework

  • Canada embodies a hybrid framework of both natural rights and utilitarianism.

Popular Rule and its Mechanisms

  • Popular Sovereignty:
    • The foundation that authority stems from the populace, allowing for direct democracy mechanisms:
    • Referendum:
      • Binding votes where government must adhere to the outcome.
    • Plebiscite:
      • Non-binding advisory votes.
    • Initiative:
      • Citizens propose questions and actions, although typically non-binding.
    • Recall:
      • Efforts by the electorate to remove elected representatives from office.

Reconciliation and Calls to Action

  • Potential for Fundamental Rethinking:
    • Moving past established practices, partially proposed.
  • Calls to Action:
    • TRC recommendations and UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples) that emphasize indigenous rights, including free, prior, and informed consent for legal changes affecting their rights.
  • Republicanism:
    • No monarch involved; authority is held strictly by elected representatives, as seen in the US.

The Constitution and Its Role

  • Definition of the Constitution:
    • A comprehensive set of rules defining and constructing the governmental framework.
    • Major Functions:
    1. Designation of political authority.
    2. Distribution of law-making powers, particularly in federal contexts.
    3. Limiting governmental scope and actions.
    4. Provision for potential amendments to the Constitution.

Types of Political Power

  • Legislative Power:
    • Authority to create laws.
  • Executive Power:
    • Authority to enact and enforce laws.
  • Judicial Power:
    • Authority to interpret laws and resolve disputes.
  • Residual Power:
    • Authority not specifically enumerated in the constitution, allocated to one governmental level.

Understanding Constitutional Conventions

  • Constitutional Conventions:
    • Not legally enforced; upheld by public opinion and entrenched political practice.
    • Examples include unwritten rules that guide behavior and expectation among government officials.

Constitutional Law

  • Comprises two subcategories:
    1. Organic Statutes:
    • Legislation determining government institution operations.
    1. Entrenched Constitutional Acts:
    • Fundamental laws protected from regular legislative processes, harder to amend.
  • Difference between the two:
    • Constitutional laws are enforceable by courts, while conventions depend on political will and public expectations.
  • Locke's Social Contract Theory:
    • Government legitimacy rests on public consent and approval, rejecting any natural rulership claims.

Levels of Entrenchment

  • Ranking from most to least:
    • Constitution > Organic Statute > Convention (Most Fixed

Evolution of the Canadian Constitution

  • Canada's Constitutional Evolution:
    • Established in steps, gradually allowing for more autonomy from Britain, realized through documents like CA 1867 and CA 1982.

Key Developments in CA 1867

  • Preamble Insights:
    • Canada sought a Constitution similar to that of the UK; instilled conventions that guided governance.
  • Features:
    • Introduced federalism and power divisions but lacks complete clarity with provisions left to traditional practices.
    • Key powers assigned to federal and provincial entities via sections 91 and 92, effectively outlining national versus local responsibilities.

Constitutional Amendment Dynamics

  • Patriation of the Constitution (1980-1982):
    • Sparked by the Quebec independence referendum, leading to efforts to consolidate the Constitution under Canadian authority.
    • Supreme Court decision: Ottawa could proceed but required substantial provincial consent through conventions.
    • Resulted in the Kitchen Accord (1981)—joint agreement accepted by most provinces to review the constitutional structure.

Post-1982 Constitutional Developments

  • Symbols of Division:
    • The “Night of the Long Knives” signifies Quebec's exclusion; unequal stakes in constitutional revisions emphasize cultural divides.
  • Constitutional Architecture:
    • Comprised of federalism, parliamentary governance, and rights charter, providing frameworks for amendment processes.

Amending Formulas and Their Implications

  • Amendment Sections:
    1. General Formula (Sec. 38):
    • 7/50 rule; requires approval from the federal Parliament and the majority of provinces.
    1. Unanimity Rule (Sec. 41):
    • All provinces must consent for fundamental changes.
    1. Selective Provincial Approval (Sec. 43):
    • Specific provinces affected must approve amendments.
    1. Federal Impact (Sec. 44):
    • Federal government may alter its own, with some legislative facets subject to change.
    1. Provincial Autonomy (Sec. 45):
    • Provinces can self-amend their specific constitutional amendments.

Judicial Reviews & Conclusion

  • Judicial Review:
    • Authority of courts to assess the constitutionality of laws and government actions, interpreted broadly across contexts.
  • After the CA 1982:
    • Political tensions arose, notably with attempts like the Meech Lake Accord that recognized Quebec’s distinctive society, yet were ultimately rejected due to lack of provincial agreement.
  • Clarity Act (2000):
    • Established framework for determining conditions for Quebec separation from Canada, important in safeguarding against unilateral amendment efforts and reinforcing collective decision-making principles.

Governance Structure Under Responsible Government

  • Definition of Responsible Government:
    • Ensures the executive is accountable to the legislature, necessitating political confidence maintained in governing bodies.
  • Political Accountability Models:
    • Structures ensure transparency and responsibility, resulting in a tightly interwoven relationship between legislative and executive branches.

Summary of Responsible Government Features

  1. Confidence:
    • Crown appoints ministers from MPs with majority support from the House.
  2. Advice:
    • Crown primarily acts on ministerial advice; legislative decisions require understanding Crown’s limitations and obligations.
  3. Solidarity:
    • The collective responsibility among cabinet ministers for policy decisions shapes government integrity.
  4. Non-Confidence Mechanisms:
    • Framework for potential government cessation entailing resignations or elections when support wanes.

Conclusion on Governance Dynamics

  • Recognizes a complex relationship framed by a historical evolutionary lens, integrating insights on political structures that shape contemporary Canadian governance.