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Powers and limitations of the canadian prime minister
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As the leader of the majority party, the Prime Minister of Canada acts as the spokesperson for the party, alongside appointing and allocating Members of Parliament and their responsibilities (Matheson, 2012). Additionally, the Prime Minister extends their powers to the Crown, whereby they nominate a candidate to the role of the Governor General. Meanwhile, the Governor General is responsible for the appointment of judges to Canada’s Supreme Court, upon the advice of the Prime Minister (Library of Parliament, 2013). Hence, the Prime Minister probes in virtually every branch of the Canadian government. It is quite unambiguous then, that the Canadian Prime Minister’s spearheading of the government at the federal level makes them too powerful. In fact, O’Malley’s study found that out of twenty-two parliamentary democracies surveyed across the globe, Canada’s Prime Minister had the most prime ministerial power (2007). Moreover, while the Canadian constitution comprises of binding conventions that constrain the exercise of legislative power by the government, the courts do not ordain these conventions (Leishman, 2005). To elaborate further, in order to mitigate the power held by the Canadian Prime Minister, party discipline should be abated in order to allow for Members of Parliament to efficaciously represent their constituents, and the three branches of government should be separated exclusively to prevent the engulfment of the Prime Minister’s influence upon every aspect of the government.
While the electorate vote for Members of Parliament that should hypothetically representing their constituents, MP’s are instead adhering to the objectives set out by the Prime Minister’s Office. Indeed, while former Canadian Prime Minister, Pier...
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...'Malley, (2007). The Power of Prime Ministers: Results of an Expert Survey.International Political Science Review. 28 (1), pp.7-27
Rory Leishman, (2005). Against Judicial Activism: The Decline of Freedom and Democracy in Canada. 1st ed. Quebec: McGill-Queen's University Press.
Donald Savoie, (1999). The Rise of Court Government in Canada. Canadian Journal of Political Science. 32 (4), pp.635-664
Kim Mackrael (2013). 'Behave and obey:' How party discipline hurts politics. [ONLINE] Available at: 'Behave and obey:' How party discipline hurts politics. [Last Accessed November 10, 2013].
Maxwell A. Cameron (2004). Federalism and the Separation of Powers at the Subnational level. [ONLINE] Available at: http://www.politics.ubc.ca/fileadmin/user_upload/poli_sci/Faculty/cameron/Federalism_and_the_Separation_of_Powers_Aug11-04b1.pdf. [Last Accessed November 10, 2013].
William Lyon Mackenzie King, Canada’s longest serving prime minister, is known for both the great contributions he brought to Canada and for the scandals he was involved in. The one event that makes him most famous to Canadians is the King-Byng Affair of 1926. During this event, Mackenzie King asked Lord Byng to dissolve parliament in order to force a new election as he had lost with a minority. Because King’s intentions were to regain a majority government, Byng refused out of distrust for King’s plans and King was replaced in power by the Conservatives. While William Lyon Mackenzie King’s actions were in accordance with all the laws regarding his power as Prime Minister, he acted for selfish reasons thus putting him in the wrong. Mackenzie King’s and Lord Byng’s histories will be quickly analyzed to understand their actions in the affair. Right after, King’s options and reasons for dissolving parliament will be analyzed. Thirdly, Byng’s options and reasons for refusing King’s request will be researched. Once enough evidence has been collected, the end results of this affair will be discussed and the conclusion as to whether or not King was right to go against responsible government will be made.
Blair, Annice. Law in Action: Understanding Canadian Law. Toronto, Ontario: Pearson Education Canada, 2003. Print.
Cameron, Jamie. "Justice in Her Own Right: Bertha Wilson and the Canadian Charter of Rights and Freedoms." The Law Society of Upper Canada. N.p., 2008. Web. 29 Dec. 2013. .
Canada’s parliamentary system is designed to preclude the formation of absolute power. Critics and followers of Canadian politics argue that the Prime Minister of Canada stands alone from the rest of the government. The powers vested in the prime minister, along with the persistent media attention given to the position, reinforce the Prime Minister of Canada’s superior role both in the House of Commons and in the public. The result has led to concerns regarding the power of the prime minister. Hugh Mellon argues that the prime minister of Canada is indeed too powerful. Mellon refers to the prime minister’s control over Canada a prime-ministerial government, where the prime minister encounters few constraints on the usage of his powers. Contrary to Mellon’s view, Paul Barker disagrees with the idea of a prime-ministerial government in Canada. Both perspectives bring up solid points, but the idea of a prime-ministerial government leading to too much power in the hands of the prime minister is an exaggeration. Canada is a country that is too large and complex to be dominated by a single individual. The reality is, the Prime Minister of Canada has limitations from several venues. The Canadian Prime Minister is restricted internally by his other ministers, externally by the other levels of government, the media and globalization.
Martin, Sheilah L. "R. V. Morgentaler Et Al." Canadian Journal Of Women & The Law 1.1 (1985): 194-205. Academic Search Complete. Web. 16 Nov. 2013.
Prime Minister Stephen Harper is attempting to further decentralize Canadian government with, what he calls, open federalism. This essay will begin with a discourse on the evolution of Canadian federalism, then exclusively compare Harper’s approach to the proceeding Liberal governments approach, and ultimately explain why Stephen Harper’s “open federalism” methodology is the most controversial form of Canadian federalism yet.
Quebec has struggled with a need to be maitres chez nous “masters of their own house” (Young, 1998). Many attempts at resolving Quebec's issues has resulted in tensions from both sides. Because Quebec has a strong national identity, and do not define themselves as strictly Canadian, Quebec is seen as difficult, unyielding and discontented. Quebec's separation perhaps is inedible and the future of Canada questionable. Canada without Quebec will bring about many complications and whether there is a rest of Canada (ROC) after Quebec a major challenge. Western alienation and the lack of representation in federal affairs will be a factor; moreover, past actions and historical events may have turned Canada into a time bomb, and the deterioration of the provinces the only sulotion. How First Ministers react to Quebec's sovereignty regarding economic factors, political structure, and constitutional issues will be of great importance. Whether emotional issues will play a major role in decision making is subjective; however, it is fair to say that it will be an emotionally charged event and it could either tear apart the ROC or fuse it together. Placing emphasis on investigating what keeps Canada together is perhaps the key to Canada's future, and salvaging a relationship with Quebec.
Democracy is more than merely a system of government. It is a culture – one that promises equal rights and opportunity to all members of society. Democracy can also be viewed as balancing the self-interests of one with the common good of the entire nation. In order to ensure our democratic rights are maintained and this lofty balance remains in tact, measures have been taken to protect the system we pride ourselves upon. There are two sections of the Canadian Charter of Rights and Freedoms that were implemented to do just this. Firstly, Section 1, also known as the “reasonable limits clause,” ensures that a citizen cannot legally infringe on another’s democratic rights as given by the Charter. Additionally, Section 33, commonly referred to as the “notwithstanding clause,” gives the government the power to protect our democracy in case a law were to pass that does not violate our Charter rights, but would be undesirable. Professor Kent Roach has written extensively about these sections in his defence of judicial review, and concluded that these sections are conducive to dialogue between the judiciary and the legislature. Furthermore, he established that they encourage democracy. I believe that Professor Roach is correct on both accounts, and in this essay I will outline how sections 1 and 33 do in fact make the Canadian Charter more democratic. After giving a brief summary of judicial review according to Roach, I will delve into the reasonable limits clause and how it is necessary that we place limitations on Charter rights. Following this, I will explain the view Professor Roach and I share on the notwithstanding clause and how it is a vital component of the Charter. To conclude this essay, I will discuss the price at which democr...
To define the terminology of federalism to a simplistic way is the sharing of sovereignty between the national government and the local government. It is often described as the dual sovereignty of governments between the national and the local to exert power in the political system. In the US it is often been justified as one of the first to introduce federalism by the ‘founding fathers’ which were developed in order to escape from the overpowered central government. However, federalism in the United States is hitherto uncertain where the power lies in the contemporary political system. In this essay I will outline and explain how power relationship alternates between states and federal government. Moreover I will also discuss my perspective by weighing the evidence based upon resources. Based on these resources, it will aid me to evaluate the recent development in the federal-state relationship.
This essay has argued that there are many limitations that the Prime Minister is subjected too. The three most important are federalism in Canadian society, the role of the Governor General, and the charter of rights and freedoms. I used two different views of federalism and illustrated how both of them put boundaries on the Prime Minister’s power. Next I explain the powers of the governor general, and explained the ability to dissolve parliament in greater detail. Last I analyzed how the charter of rights of freedoms has limited the Prime Minister’s power with respect to policy-making, interests groups and the courts. The Prime Minister does not have absolute power in Canadian society, there are many infringements on the power that they have to respect.
This paper will prove how regionalism is a prominent feature of Canadian life, and affects the legislative institutions, especially the Senate, electoral system, and party system as well as the agendas of the political parties the most. This paper will examine the influence of regionalism on Canada’s legislative institutions and agendas of political part...
May, E. (2009). Losing Confidence: Power, politics, and the crisis in Canadian democracy. Toronto, ON: McClelland & Stewart.
The Canadian Charter of Rights and Freedoms was enacted under the Pierre Trudeau government on April 17, 1982. According to Phillip Bryden, “With the entrenchment of the Charter into the Canadian Constitution, Canadians were not only given an explicit definition of their rights, but the courts were empowered to rule on the constitutionality of government legislation” (101). Prior to 1982, Canada’s central constitutional document was the British North America Act of 1867. According to Kallen, “The BNA Act (the Constitution Act, 1867) makes no explicit reference to human rights” (240). The adoption of the Charter of Rights and Freedoms significantly transformed the operation of Canada’s political system. Presently, Canadians define their needs and complaints in human rights terms. Bryden states, “More and more, interest groups and minorities are turning to the courts, rather than the usual political processes, to make their grievances heard” (101). Since it’s inception in 1982 the Charter has become a very debatable issue. A strong support for the Charter remains, but there also has been much criticism toward the Charter. Academic critics of the Charter such as Robert Martin believe that the Charter is doing more harm than good, and is essentially antidemocratic and UN-Canadian. I believe that Parliament’s involvement in implementing the Charter is antidemocratic, although, the Charter itself represents a democratic document. Parliament’s involvement in implementing the Charter is antidemocratic because the power of the executive is enhanced at the expense of Parliament, and the power of the judiciary is enhanced at the expense of elected officials, although, the notwithstanding clause continues to provide Parliament with a check on...
In the year 1970, the Canadian government founded the Law Reform Commission of Canada to ensure the progression of law making and to make recommendations for legal changes . The Law Reform Commission of Canada is constantly importing and suggesting proposals towards the criminal code of Canada. During the year of 1985, t...
Mauer, Marc. "The Race to Incarcerate." The Case For Penal Abolition. Ed. W. Gordon West and Ruth Morris. Toronto, Canada: Canadian Scholars? Press, 2000. 89-99.