POL 103 Notes - POL103Y1 Lecture Notes Constitutions[1 What is it o Defines(a state institutions&(b their relations – who has power • in

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: POL103Y1 Lecture Notes Constitutions [1] What is it? o Defines (a) state institutions & (b) their relations – who has power! • ... in written document (US) • ... or by unwritten conventions (UK) • Canada? →Canadian Constitution is a mixture of principles→ reflects written and unwritten concepts [2] Legislatures & Executives • (i) Legislature: Makes law (statutes) • (ii) Executive: Executes law , forms government , sponsors most statutes [4] Entrenched Rights • Is there (a) a written guarantee to (b) protect citizens’ rights (‘in principle’ ...) o US: Yes! o UK: No! [5] Judiciary and ‘rule of law’ • (a) Courts authoritatively interpret law ... making ‘common law’ in process [6] Canada? BNA Act (1867) : • Exec/leg unwritten [like UK] • BNA is written re. federalism [like US] • No bill of rights Constitution Act (1982): • ‘entrenches’ Charter of Rights & Freedoms • Constitution Act also includes amending formulae The Courts & Civil Liberties [a] Civil liberties in liberal democracies • L.D.: majority rule balances minority rights • Courts as a ‘balancer’ ... • For legal & political rights , but not social [c] Canadian Charter of Rights & Freedoms • it includes ... • [i] fundamental freedoms, legal rights, equality • [ii] Democratic, mobility, & language rights • ‘Notwithstanding’ limits • ‘Reasonable Limits’ limits all [d] Judicial Review & ‘Activism’ • Canadian public mostly like Charter • ‘Experts ’ mostly critical, right and left Executives & Bureaucracy a) Legislatures and cabinets b) Cabinets and bureaucracy c) PM and cabinet • Executive or cabinet consists of PM & other ministers appointed to cabinet • Bureaucracy : unelected, hired, officials who assist cabine • Bureaucrats are accountable to ministers, who are responsible to parliament [a] Does legislature control cabinet? o Cabinet, ministry of state, parliamentary secretary o Threatens o Control of opposition o Result: cabinet dominates relation [b] Do Canadian cabinets control bureaucracy? o Most bureaucrats in specialized departments o ... with ‘line’ (delivery) responsibilities o ... or ‘staff’ (coordinating) ones: PMO, PCO, Finance, Treasury Board o Department is accountable to its ministers through deputy minister (DM) o A ‘power centre’ of PM, ‘senior’ ministers, key ‘staff’ bureaucrats ... o ... dominates rest of cabinet, bureaucracy [1] Federalism & its Varieties • Divided sovereignty • Requires written constitution, judicial ‘umpire’ • Some more centralized than others • ‘Confederation’? –supreme power that is a creature of the junior powers that come together [2] Canadian Federalism • We rely on ‘inter-state’ division of powers • Overall, Canadian federalism appears as a giant S →Federal Powers at the top right (1867); Provincial Powers (1930); Re-centralized powers (1960); decentralization again (2008) [4] Multi-Level & Global Governance •...
View Full Document

This note was uploaded on 04/18/2008 for the course POL 103 taught by Professor Kopstein during the Spring '07 term at University of Toronto- Toronto.

Page1 / 8

POL 103 Notes - POL103Y1 Lecture Notes Constitutions[1 What is it o Defines(a state institutions&(b their relations – who has power • in

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online