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Role of the Senate and House
Bicameral legislature apush
Bicameral legislature apush
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Around the world, federal countries have reformed their upper chambers and some have completely abolished them. Among these countries are two that share the same Westminster traditions with Canada such as Australia which has reformed its Senate and New Zealand which has abolished its Legislative Council. Therefore, it is to necessary to examine how these countries dealt with their upper chambers and what lessons can be learned from their experience.
To begin with, the Australian Senate has to be examined as it was created for the same reason as Canada’s Senate. In fact, the purpose of the Senate in Australia was to protect regions with lower populations (Cody, 1995). Also, the Australian Senate was part of the legislative process
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At the same time, it is important to recognize that differences exist between Canada and Australia in terms of political processes, constitutions, and democratic systems. First, the Australian Senate has become more effective in the legislative process as its review and amendment of bills have increased and its “assertiveness is proof that elections would make the Senate more credible and effective” (Barnes et al., 2011, p. 16). Second, the second has become more involved in scrutiny as it independently supplies checks and balances through bicameralism (Cody, 1995). In other words, the Senate can impose “impose accountability and to detect misconduct and expose corruption” through its committees and reviews (Cody, 1995). Third, after having elected Senators, the Senate itself became more legitimate when compared to the House of Representatives as well as the fact that it has been providing adequate representation for smaller states in national institutions and the decision-making process (Cody, 1995). Finally, the Senate in Australia has advanced the interests of “politically important to groups” such as small regional political parties through the equal state representation (Cody, 1995). Therefore, Australia’s Senate does provide great insights to the advantages of Senate reform in which Canada can learn from and …show more content…
Having an upper chamber is advantages even to countries as small as New Zealand. In fact, upper chambers provide valuable experience and studies to issues that are faced by the people. In the case of New Zealand, the country has lost the safeguard against populism that can come with majority governments in the lower chamber as well as valuable input in the form of recommendations from Legislative Council committees. Also, the Legislative Council used to provide New Zealand’s legislative process with a long-term view that goes beyond an electoral cycle when considering reviews and amendments to bills. In other words, abolishing an upper chamber will result in the loss of arguments and evidence that can be used to improve and judge laws on. Therefore, abolishing a democratic country’s upper chamber results in the loss of important knowledge and experience from the legislative process. More importantly, in New Zealand, the system of checks and balances was weakened as they only institution left to hold the executive to account is the House of Representatives which in many cases is controlled by the Prime Minister and his
The decision for Australia to adopt the Federal system was on the principle of which the State’s governments wanted to keep their power. For this reason there was the separation of powers between the newly formed Commonwealth government and the existing State governments. At a constitutional level, there are rulings in which the powers are separated, these rulings due to disputes have slightly changed since 1901. These changes all fell towards the one government, the Commonwealth (Federal) government. However this was not just a landslide event, the Constitution of Australia set up this imbalance of powers between the Commonwealth and State governments. We will explore this further in the points discussed later in this essay.
A more sudden, but perhaps equally profound event is the adoption in 1982 of the Canadian Charter of Rights and Freedoms. Whereas before the adoption of the Charter Canadian legislatures were supreme, having power without limit within their jurisdictions, they now have debatable supremacy within altered jurisdictions. Moreover, although no powers or rights have been explicitly ‘reserved’ to the people, supporters of the charter nevertheless appear to give Canadians hope that the possibility may exist.
For a democratic country to thrive, they must have a proper electoral system in producing the party to oversee our government. Since its inception in 1867, Canada has been using the first past the post system during elections to decide their leading party. Although we have been using this system for an extended duration of time, the FPTP system is flawed and should be changed. The goal of this paper is to prove the effectiveness of shifting to more of a proportional system, while also exposing the ineptness of Canada’s current system. With other methods advancing and little change of the first past the post system, this system is becoming predated. A variation of the proportional electoral system is key because it empowers voters, increases voter turnout, and creates a more diverse environment. Canada should adopt a more proportionate electoral system at the federal level if we wish to expand democracy.
Senate reform in Canada has been a popular topic for decades but has yet to be accomplished. Since the Senates formation in 1867 there has been numerous people who call for its reform or abolishment due to the fact it has not changed since its implementation and does not appear to be fulfilling its original role. An impediment to this request is that a constitutional amendment is needed to change the structure of the Senate, which is not an easy feat. Senate reform ideas have developed from other upper houses in counties such as the United States of America and the Federal Republic of Germany. From those two different successful governments emerges examples of different electoral systems, state representation, and methods of passing legislations.
House of Representatives. (1965, April 29). Retrieved March 16, 2014, from Commonwealth Parliamentary Debates: http://www.dva.gov.au/commems_oawg/commemorations/education/Documents/avw_topic1.pdf
However, the proposed systems must be thoroughly examined for their compatibility with Canada’s needs and their ability to resolve the issues outlined in this paper. From distortion in representation to Western alienation and to making the voices of minorities heard, the new system must also ensure that Parliament fulfills its role in representing, legislating, and holding the government. More importantly, after the current government abandoned its promise on electoral reform, it is important for researchers and future governments to build on the knowledge acquired by the Special Committee on Electoral Reform as well as previous experiences of the provinces with electoral
In order to let our members of parliament to have more power and saying, we will have to cut power from the party whip and the Prime Minister. In this way no one can force anyone to make a predetermined vote according to party lines rather than their personal conviction. In taking away the power from the PM and party whips will allow the riding representatives more freedom in which power is one
The issue of electoral reform has become more important than ever in Canada in recent years as the general public has come to realize that our current first-past-the-post, winner-take-all system, formally known as single-member plurality (SMP) has produced majority governments of questionable legitimacy. Of the major democracies in the world, Canada, the United States, and the United Kingdom are the only countries that still have SMP systems in place. Interestingly enough, there has been enormous political tension and division in the last few years in these countries, culminating with the election results in Canada and the USA this year that polarized both countries. In the last year we have seen unprecedented progress towards electoral reform, with PEI establishing an electoral reform commissioner and New Brunswick appointing a nine-member Commission on Legislative Democracy in December 2003 to the groundbreaking decision by the British Columbia Citizen’s Assembly on October 24, 2004 that the province will have a referendum on May 17, 2005 to decide whether or not they will switch to a system of proportional representation. This kind of reform is only expected to continue, as Ontario Premier Dalton McGuinty decided to take BC’s lead and form an independent Citizen’s Assembly with the power to determine whether or not Ontario will have a referendum regarding a change to a more proportional system. There is still much work to do however, and we will examine the inherent problems with Canada’s first-past-the-post system and why we should move into the 21st century and switch to a form of proportional representation.
... early 1900’s the Senate showed to be a huge pain and an issue. People in the west hated it because they were underrepresented in the Senate compared to the smaller provinces such as the Maritime Provinces. Mulroney made the promise to have further discussions on senate reform. He said that provinces could have a role in the appointments much like the new law for the Supreme Court. The Federal Government would have less control over who is in the Senate and more power would be given to the provinces. This would change the type of Federalism Canada had practiced since the beginning. Provinces are not supposed to be formally represented in the Senate, the Federal and Provincial governments are supposed to be separate institutions. Mulroney agreed to give Senate reform a try to appeal to the West and explained to the East that they will discuss their fishery issues.
Stilborn, Jack. Senate Reform: Issues and Recent Developments. Ottawa: Parliamentary Information and Research Service, 2008.
Canadian politics has a tendency to be defined by the respective political parties and the different patterns of the party's competition. Carty et. al says, in order to make sense of Canada, you must first make sense of its party politics. At the same time, though, Jane Jenson and her colleague Janine Brodie have stated that the political parties are known to be the main actors when it comes to Canadian politics. Of course, there is some sort of doubt that these political parties of Canada run a central role when it comes to discourse. Therefore, the only way to have a better understanding of present-day Canadian politics, it is necessary to look towards Canada’s political systems of parties, the definition and structure of it, how each party system grew over the years, as well as its functions for the answers that could possibly be valid to this.
Contrary to popular belief, a minority government does not necessarily hinder a governing party. When practiced correctly, a minority government can be an improvement on single-party majority. Instead of one party controlling government, minority governments allow for multi-party governance, which promotes compromise between political parties. On the whole, minority government decreases stability and requires continuous cooperation with opposition parties. Although faced with many challenges, there are several beneficial aspects to a minority government. This paper will argue that a minority government does not hinder a governing party, and in fact can be beneficial in numerous ways. Most importantly a minority government allows the Prime Minister to maintain a range of important resources which allow for an effective government, minority governments deliver a more open and inclusive decision making process, and a minority government guarantees the confidence of the House for a certain amount of time.
Since this change is inevitable the need for constitutional reform is evident. The 114 year old constitution contains several instances of colonial language that is not necessary in 21st century Australia. For example in section 59 the constitution allows for the Queen to “disallow any law within one year from the Governor General’s assent” (Australia, 2013.) Apart from the fact that the Queen has rarely used this power, it is unnecessary and doesn’t represent what Australia is. A foreign citizen, whether in principle or practice should not have the power to veto any law affirmed by the Australian parliament. Throughout the constitution there a several instances of outdated, redundant clauses which serve no purpose. In light of Australia’s sovereignty we should move towards a constitution that upholds independence and embodies our modern society.
For years, countries have had different legislatures bicameral and unicameral. The features of each legislatures are distinct from one another. It even accounts to various vices and virtues. Both legislatures exist in various countries in the world. The reason to which varies in each place. Legislatures are essential for a society to perform politically well. However, the political structure of every nations varies thus, there exist no simple generalization. The structural arrangements of different legislatures are distinct in relation to their number of chambers available. (Danziger, J. N. (1996))
The concept of parliamentary political system was rooted in 1707 of Great Britain; the word derives from ‘parley’, a discussion. It was used to describe meetings between Henry III and noblemen in the Great Council (Szilagyi, 2009). It was originated in British political system and is often known as the Westminster model as it was used in the Palace of Westminster. It became influential throughout many European nations later in the 18th century (Smith, 2010). Countries with parliamentary systems are either constitutional monarchies such as the United Kingdom, Denmark, Australia, and Canada or parliamentary republics such as Greece, India, Ireland and Italy (McTeer, 1995). The parliamentary type of government is known for its three distinctive features; first, executive is divided into the head of state and the head of government, they are independently elected forming a dual executive; second, the fusion of ...