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Limitations to the canadian prime ministers power
Advantages of federalism in canada
Federalism in Canada
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The Prime Minister of Canada is given much power and much responsibility. This could potentially create a dangerous situation if the government held a majority and was able to pass any legislation, luckily this is not the case. This paper will argue that there are many limitations, which the power of the prime minister is subject too. Three of the main limitations, which the Prime Minister is affected by, are; first, federalism, second the governor general and third, the charter of rights and freedoms. I will support this argument by analyzing two different types of federalism and how they impact the power of the Prime Minister. Next I will look at three of the Governor Generals Powers and further analyze one of them. Last I will look at the impact of the charter from the larger participation the public can have in government, and how it increased the power of the courts. Frist, federalism is the division of power between the provinces and the federal government (Cutler 2010, 3). As well, Federal systems tend to be made up of multiple parts, which do not necessarily work together (Brock 2008, 3). There has been an increase on the study of federalism in recent years, which has created a more in-depth look at how federalism impacts the government. (Farfard Rocher 2009, 294). There are two aspects of federalism and both of them put limitations on the influence of the prime minister. The first is called political asymmetry; this encompasses the various attitudes of the different provinces such as the culture, economic, social and political conditions and how it shapes the relationship between the provincial and federal governments (Brock 2008, 4). This can create a problem for the federal government because it means that they may ha... ... middle of paper ... ...ratic process but it at least protects the rights of Canadians and prevents all out domination the majority. 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.
The Meech Lake accord was a set of constitutional amendments that were designed to persuade Quebec Province to accept the Canadian Constitution Act of 1982 (Brooks 152). This accord derives its name from the Meech Lake, where these negotiations were held by Mulroney Brian, the Canadian Prime Minister, and the ten premiers of the ten Canadian Provinces (Brooks 211). By the time the Canadian constitution was being implemented, Quebec was the only province that had not consented to it. Somehow, the partition of the constitution in 1982 was carried out without Quebec’s agreement, but it was still bound by the same law. Attempts were made to persuade this province to sign the constitution, which it agreed to do but only after its five demands are fulfilled by the Canadian government. Unfortunately, these demands were not met and this accord failed in 1990, when two provincial premiers failed to approve it. This paper answers the question whether Quebec asked for too much during the Meech Lake Accord negotiations.
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.
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.
There are many more examples of conflicts between Trudeau's thoughts and his actions. For instance, Trudeau has always been uncomfortable with excessive state intervention in the economy. For this reason he has consistently opposed the imposition of price and income controls. But this did not stop him from deciding, in 1975, that a lack of responsibility on the part of business and labour necessitated the introduction of a controls system. Trudeau has spoken of the need for a shift of emphasis in Canadian society from consumption to conservation. And yet, he allowed energy-conservation measures in Canada to fall far behind those of the United States. More than a few times, Trudeau has insisted that it is our moral obligation as Canadians to share our wealth with poorer nations. Nevertheless, he still reduced foreign-aid spending and even put a protective quota on textile imports from developing countries. Trudeau has written about the importance of consensus in government. But again, this did not prevent him, on more than a few occasions, from entirely disregarding the consensus of his cabinet ministers on a given issue, preferring instead to make the decision on his own.
The Founding Fathers and Canada’s Founders both faced many obstacles and concerns when working towards creating the best possible form of government for their respectable nations. The Federalist Papers seek to counter the Articles of Confederation whereas Canada’s Founding Debates is a discussion between supporters and opponents of Confederation. Between the Founding Fathers and Canada’s Founders in the Founding Papers chapter Federal Union, there are many common concerns about the future of the country. When there is a change in how a country is structured, it brings concern over group rights and interest being ignored for the common good, and it is very
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...
The federal and provincial government’s bona fide ability to implement bounds on the rights and freedoms enjoyed by the Citizens of this great nation is an absolute necessity. The confines permitted by the ‘reasonable limits clause,’ ‘notwithstanding clause’ and the need for increased powers in extreme circumstances demonstrate society’s inherent need for confines to prevent disorder and mayhem. If the governments were unable to invoke restraints, chaos and anarchy would prevail. However, the need to ensure that the limitations do not unreasonably infringe of rights and freedoms of Canadians is equally important. If governments began to continuously and unreasonably infringe the rights and freedoms, individual Canadians would become a communist state such as North Korea.
Regionalism is a political ideology based on a collective sense of place or attachment, and is discussed in terms of Canadian society, culture, economy and politics (Westfall, 3). Canada is known internationally as a nation incorporating several multiregional interests and identities into its unification of culture. Its diverse population is comprised of numerous ethnicities, religions, sexual orientations and traditions; and all resides under one federal government. Ever since the founding of Canada, it has developed into regional cleavages and identities, based on various geographical topologies, lifestyles and economic interests (Westfall, 6). It is these characteristics which make it problematic for the federal government to represent all demands of its people on a national level. Regionalism is thus an issue within regards to political proficiency in the Federal government.
May, E. (2009). Losing Confidence: Power, politics, and the crisis in Canadian democracy. Toronto, ON: McClelland & Stewart.
With the opposing sides at almost equal size, it is important to come to a final decision. Before possible violence breaks out within the province. Bibliography Doran, Charles F. “Will Canada Unravel?” in Foreign Affairs. Sept-Oct 1996 v75 n5 pg97.
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...
The Prime Minister of Canada, who governs on the “Queen’s behalf,” passes laws using her name and authority. Such as “Her Majesty would like this,” or “Her Majesty requests that,” whereas the Queen is really impartial to the situation. For the reason, some Canadians question the relevance of the Queen’s position in Canada, the Constitution limits her powers in government therefore, she is generally considered as a figurehead only. “The Crown, as an institution, is woven into every line of our constitutional order.” The root of all executive power is the Crown. It is the foundation to our system of laws, Commons, Senate, our courts and legislatures. It is the basis of our system of land tenure, of an impartial civil service and of the Indian treaties. During times of crisis, when it is unclear whole holds the democratic authority, the Queen (or her representative, the governor general) plays a critical role, using her powers and authority to prevent usurpations. After all this evidence, the Crown is still in trouble in Canada. Secure as this position may be in law and impactful to our nation, it continues to lack the affection and loyalty from the people that it rightfully
Canadian political scientist Mathew Kerby notes that the Canadian prime minister possess the power to appoint cabinet ministers to his/her liking. Of course, the power to elect the governing body of Canada based on one’s own opinion of what Canada should be is absolutely telling as to just how powerful the position of Prime Minister of Canada is. The Prime Minister should not possess the exclusive power to elect the Federal Cabinet of Canada.
Since federalism was introduced as an aspect of Canadian political identity, the country has undergone multiple changes as to how federalism works; in other words, over the decades the federal and provincial governments have not always acted in the same way as they do now. Canada, for example, once experienced quasi-federalism, where the provinces are made subordinate to Ottawa. Currently we are in an era of what has been coined “collaborative federalism”. Essentially, as the title would suggest, it implies that the federal and provincial levels of government work together more closely to enact and make policy changes. Unfortunately, this era of collaborative federalism may be ending sooner rather than later – in the past couple decades, the federal and provincial governments have been known to squabble over any and all policy changes in sectors such as health, the environment and fiscal issues. Generally, one would assume that in a regime employing collaborative federalism there would be a certain amount of collaboration. Lately, it seems as though the only time policy changes can take place the federal government is needed to work unilaterally. One area in which collaborative federalism has been nonexistent and unilateral federalism has prevailed and positively affected policy changes is in the Post-Secondary Education (PSE) sector.