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What limitations does the prime minister of canada have
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Powers of prime minister canada
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Primus inter pares ? What are the sources and the limits of the power of the Prime Minister?
Primus inter pares… Latin phrase meaning 'the first among equals' or 'first among peers'. The title was also used by Caesar Augustus to hide behind the fact that even though the Senate of Rome was officially governing the Roman Republic, he in practice retained his autocratic power like his predecessors had done.
Which of these definitions should we take for Prime Minister of Canada?
What are the powers of the Prime Minister? What are the limits to this power?
We will see that the powers of the Prime Minister come from the constitution, from making nominations, from being able to call elections. We will also look at the powers that reside in the cabinet system. We will then try and look at some of the limits of this power, and describe how some of these limits can actually be cancelled or reversed
Constitution
When one looks at the Canadian Constitution, there does not seem to be any mention of the prime minister except for section 49 of the 1982 act which talks about a Constitutional conference that the Prime Minister will need to have with the premiers of the provinces to discuss the changes to the constitution. (White 1998, p.313)
But if one looks more closely at the Act of 1867, or if one reads between the lines, one can see in the first paragraphs that it mentions “a Constitution similar in Principle to that of the United Kingdom” (White 1998, p.277) This, along with sections 11 to 14 indirectly means that Canada will have a Westminster Parliamentary System and that Canada will adopt a system with a Prime Minister and a Cabinet and a Privy Council.
Britain already had many years of experience about what the prime minister’s d...
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...e, Jean Chrétien. Montreal: Lanctot Editeur, 2002.
Levine, Allan Gerald. Scrum wars: the prime ministers and the media. Toronto: Dundurn Press, 1993.
Massicotte, Louis. "L’annonce de Jean Chrétien - La démission forcée d’un premier ministre, les précédents." le devoir, 7 avril 2010.
Savoie, Donald. Governing from the center. Toronto: University of Toronto Press, 1999.
—. Power: Where is it ? Montreal: McGill-Queen's University Press, 2010.
Simpson, Jeffrey. The Friendly Dictatorship. Toronto: McClelland & Stewart, 2001.
Spector, Norman. "prorogation jean chretien did it too." The Globe and Mail, january 9, 2010.
Thomas, Paul G. "Governing from the center: Reconceptualizing the role of the PM and the Cabinet." Policy Options, dec 2003-jan 2004: 79-85.
White, Walter. Introduction to Canadian Politics and Government 7th edition. Toronto: Harcourt Brace, 1998.
"Quotes by Prime Ministers - Louis St. Laurent." canadachannel.ca. N.p., n.d. Web. 20 May 2014.
Pierre Elliot Trudeau was arguably one of the most vivacious and charismatic Prime Ministers Canada has ever seen. He wore capes, dated celebrities and always wore a red rose boutonniere. He looked like a superhero, and often acted like one too. Some of the landmark occurrences in Canadian history all happened during the Trudeau era, such as patriating the constitution, creating the Canadian Charter of Rights and Freedoms and the 1980 Quebec Referendum. However, it is Trudeau’s 1969 “white paper” and the Calder legal challenge which many consider to be one of his most influential contributions to Canadian history.
McBride, S., Shields, J. (1997). The Post-War Canadian State. Dismantling a Nation. Halifax: Fernwood Publishing.
“Let us be English or let us be French . . . and above all let us be Canadians.” Born on January 11, 1815, in Glascow, Scotland, Sir John A. Macdonald became the first prime minister of Canada and one of the most transcendent that Canada has ever seen. He immigrated to Canada in 1820, at the age of five, where his family, including his mother, father and two siblings, settled in Kingston, Ontario. He spent his childhood studying at the Midland District Grammar School, where he developed his passion for the English language and at the same time, realizing his new dream of becoming a lawyer. He was unable to attend university as a result of the financial problems within his family; however, that did not stop him from achieving his goal. At the age of fifteen, Sir John A. Macdonald entered a law office as a junior and as a result of his perseverance and dexterous personality, he was called to the bar in 1836. He then began his law practice with extensive success as a commercial lawyer in Toronto and Kingston. His commendable efforts as a lawyer were well recognized by many and he became extensively popular and was regarded as a positive leader that could make a difference. By 1844, he was elected to represent Kingston in the Legislative Assembly of Canada. In 1854, he helped create the Conservative party and on July 1, 1867, the day of Confederation, he became Canada’s first prime minister. Sir John A. Macdonald contributed to Canadian history in a significant way as his actions had a positive impact on Canada, which helped it develop and prosper.
This great country known as Canada, is governed smoothly because of the agreements and rules that have been in place since the beginning of confederation. The Canadian Constitution is one example of these rules. The Canadian Constitution is not just one single documentation, it is a collaboration of documents that make up one enormous document (Dyck 261). The six basic principles of the constitution are: responsible government, federalism, judicial review, the rule of law, constitutional monarchy and democracy; which all helped to shape the Constitution and therefore Canada (Dyck 266).
For the MPs in Canada, party discipline is the core for their actions. For them, collective responsibility plays a big part in their agenda. As a party, they are held responsible for any decision that their party makes, and are expected to defend it at any given point of time. For a majority government, party discipline becomes an even more important issue as it is directly related to the term of the Prime Minister (PM). Under the rule of maintaining the confidence of the House, the PM must gain the support of the House in order to stay in his role. This is where high party discipline comes into place. With it, the PM will not have to worry about being dismissed by the Governor General. Should the high party discipline deteriorate and gives away into a low one, such as the one in the States, the government will be in a constant potential risk of collapsing into paralysis. Once the leader of the cabine...
From 1968–1979 and 1980–1984, Pierre Elliott Trudeau, was the Canadian Prime minister. He represented the Liberals. Throughout his time he has done many things for Canada. During Pierre Elliott Trudeau’s time as the Prime minister, he managed to improve relationships between Canada and France and as well as diplomatic relations with China. He also stopped the French separatist movement, which was when the French people of Quebec wanted to part from Canada and become independent. In 1982, Trudeau also formed the Constitution that includes the bills of rights and the amending formula. The significance of this quote was referring to the separatist movement of the French. The relations of the French and the English people in Canada created conflict.
Stevenson, Garth. "Federalism and Intergovernmental Relations." Canadian Politics in the 21st Century. Ed. Michael S. Whittington and Glen Williams. Scarborough, Ont.: Nelson Thomson Learning, 2000. 85-1
While having a legislative Union is preferable to him, it is not practical (Ajzenstat, 1999, 281). Like the American Founders, he acknowledged that not everyone has the same interests and values and it is not possible to eliminate these differences between citizens. The Canadian federal system instead has a legislative union while maintaining sectional freedom that comes with a federal union, with decreased threat of Factionalism because of the ensured protection of local interests. Both the Founding Fathers and Canadian Founders agree that it is best to protect as many local interests as possible because this provides lesser chance of a majority infringing upon a minority. Giving minorities avenues to express their interests and ensure their voices are being heard decreases the likelihood of Factionalism causing the breakdown of a
May, E. (2009). Losing Confidence: Power, politics, and the crisis in Canadian democracy. Toronto, ON: McClelland & Stewart.
... Irving "Constitution" The Oxford Companion to Australian Politics. Ed Brian Galligan and Winsome Roberts. Oxford University Press 2008. Oxford Reference Online. Oxford University Press. Hillsborough CommunityCollege. 23
The British North America Act went into effect July 1st, 1867 creating a union known as the Dominion of Canada, but this did not complete the debate on the Confederation issue. Many Nova Scotians continued their opposition to the idea and it would take considerable time before all Nova Scotians would accept the fact of Confederation. “These Nova Scotians, disgruntled at their treatment by Great Britain, found that their loyalty had markedly diminished. The more they considered taking over the responsibility for their own affairs from England, however, the greater trust they had to place in Confederation.”25 Confederation struck a balance between the rights of English and French speaking Canadians. Nevertheless, many divisions, conflicts, and debates would occur not only in Quebec but also in Nova Scotia and New Brunswick over this balance. Economic disparities between the Maritimes and the rest of Canada would also create many problems for the years following 1867. As a result, Confederation can be viewed as a beginning and not an end.
Canada has a central government designed to deal with the country as a whole. Things like national defense, banking, currency, and commerce are controlled by the central government. All other matters are left to the provinces to deal with. Such as education, hospitals, and civil rights are responsibilities of the states. The Canadian Parliament consists of two houses. Their Senate is made up of 104 members who serve until the age of seventy-five.
In Mellon’s article, several aspects are mentioned supporting the belief that the prime minister is too powerful. One significant tool the prime minister possesses is “… the power to make a multitude of senior governmental and public service appointments both at home and abroad,” (Mellon 164). Mellon goes on to state the significance the prime minister has when allowed to appoint the government’s key member...
As Bakvis writes, “the transformation of Canada’s university system… came about largely through the effort of the federal government alone,” (Bakvis 205). There are a few key abnormalities to this statement, one being pertinent to the CA 1867. When one looks at the constitution, under sections 91 and 92, anyone remotely well-versed in Canadian politics would know that those two sections outline w...