Terms - Midterm #2

Terms - Midterm #2 - Study Guide Midterm#2 Terms Topic#5...

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Study Guide – Midterm #2 – Terms Topic #5: Parliament: The Senate Section #17: Constitution Act (BNA) of 1867 - There will be “One Parliament for Canada consisting of the Queen, an Upper House styled the Senate, and the House of Commons” o Significance: Entrenched constitutional provision that suggests we have three equal components This suggests that, in terms of the constitution, the senate is equal to the House of Commons Differences to the House of Commons: o The Senate is not a confidence chamber Only the HofC can defeat the government with a vote of non-confidence o We Cannot introduce money bills in the Senate Bills to spend money or raise taxes cannot be represented by the senate “No Taxation Without Representation” House of Commons o Section #47: Constitution 1982 Amendments to the constitution can only be delayed by the senate, they only have suspense veto Maximum 180 days suspension o The Senate is not elected lack of legitimacy because they do not represent anyone Speaker of the Senate is appointed by the Prime Minister Recognized as an appointed body, appose to an elected body = lack of legitimacy/anti- democratic Makes it difficult to “check” on the elected HofC Senate Function: - Canada’s upper house, the Senate, is appointed by the PM - Can serve until they are 75 - Created to perform a legislative role - The appointment senate was to be chamber of sober second thought, wherein legislation passed by the house of commons could be reexamined to ensure that minority interests were adequately protected - Membership based on region, and its powers would be identical to those of the House of Commons Refining Legislation
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- The Senate corrects legislation created by the HofC; does not create it, they essentially “tweak” it - A second house to correct the flaws of the first house Sober Second Thought o A second check/chamber o Serve as a check against democratic excesses o Senators review and amend legislation using their own expertise and their committee work to improve flawed bills o Their relative independence from Cabinet and their freedom from constituency work allows them to operate in a consensual and deliberative way from MPs o What they do and commons doesn’t: they scrutinize regulations, examine bills for potential conflicts with the Charter of Rights, and hearing from witnesses who might not have had an opportunity to appear before the more raucous commons committees Studying Legislation - Pre-Study: The Act of sending legislation proposals to the senate to ask before having them “set in stone” o Seek advice and/or criticism Possible because Senators are not bound by party discipline Investigations Reward for Party Organizers Occasional check on government Legislative Role Within Parliament of Canada: The Role in the Federal System - Designed to be a second check/chamber - Sober Second Though: act as a check on the elected HofC - Designed to protect minorities from the mass elected HofC
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Terms - Midterm #2 - Study Guide Midterm#2 Terms Topic#5...

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