CAD. GOV & POLITICS POL214 Y1Y Summer 2020 Professor David Pond - david.pond@utoronto.ca Lecture 1 and 2 - May 4 & 6th Textbook Chapter 1 Introduction Liberal + Democracy ● ● ● Small “l” liberal democracy -> refers to regime Liberalism = colonial British export Values of Liberalism ○ Trial by jury ○ Independent judiciary ○ Right of the accused to face their accusers in an open court ○ Free elections ○ Freedom of speech and of assembly ○ The rule of law ○ Legal equality ○ Popular sovereignty ○ Religious tolerance National Di erences in Liberal Democracy ● CAD = British-style parliamentary democracy ○ ● TEST QUESTION: ○ ● How democratic is Canada really? Liberal democracies = representative democracies ○ ● Limited, indirect form of democracy Other representative and indirect democracies -> eg. US republican system Liberal Representative democracy -> Elect politicians who govern ○ Elect Members of Parliament (MPs) to the House -> vote on policies ■ Also has aspects of direct democracy at times (referendums), but rare - 3 CAD Referendums: 1 ● ● 1898 - on controlling liquor sales ● 1942: drafting soldiers to fight WW2 ● 1992: to amend the constitutions Can be contrasted with Direct or Plebiscitary Democracy ○ People directly make political decisions -> Referendum (yes/no question) Features of Our System of Government Legislative Branch ● Domain of legislature - Where elected representatives debate and pass laws ○ Federally = Parliament of Canada ○ Provincially = provinces’ Legislature or Legislative Assembly Executive Branch ● Domain of the Executive - initially proposes decisions that legislature approves ○ Prime Minister and cabinet ○ Nonpartisan bureaucracy ■ ● Provincial level works the same way Executives administer programs approved by legislature ○ The elected prime minister and cabinet direct the ■ Non elected and nonpartisan bureaucracy Judicial Branch ● Domain of the Independent Judiciary ○ Resolves disputes about the legality of government decisions ■ Whether they are following the law or violating citizens’ rights Parliamentary regime at the federal level in Canada: 2 Winning Power - Majority and Minority ● DEFINITIONS ON TEST ● Parties win elections and form government by winning seats in the House of Commons ○ Voters pick local Member of Parliament (MP) for their riding/constituency ■ ● Constituency = seat, MPs hold seats in House of Commons When a party wins 50% + 1 of the seats, they form a majority government ○ When one party does not win over 50% of seats, they form a minority government ■ ○ ● One party in power with less than majority PM has more power in Majority Coalition Governments ○ CAD elect few few (compared to NZ and Australia, for example) ■ Theoretically possible under parliamentary regime, but not so much in practice Parliamentary Government = Partisan ● PM and ministers must be MPS ○ ● PM appoints cabinet ministers to run the government departments ○ ● 3 PM = leader of party in power Aka ministries Elected government in Canada = partisan ○ Eg. Liberal PM selects cabinet ministers from other Liberal MPs elected to House of Commons ● Parliamentary democracy -> politics = competition between organized parities ○ Government is run by part that wins most recent election ○ All losing parties = opposition to government ■ Sit opposite House of Commons to government party ● ○ MPs that lost election = opposition All MPs in party that forms government who are not ministers = “government backbenchers” ● Parliamentary System has fused executive and legislative branches ○ Members of executive (PM and cabinet) sit in the elected legislature, the House of Commons ○ ● PM and cabinet ministers must be MPs Government Departments ○ Staffed by non-elected, non-partisan, career civil servants ■ ○ Administer policies and programs chosen by cabinet ■ ● Aka public servants, bureaucrats Debated and approved by parliament Hallmark of Parliamentary system = Constitutional convention of ministerial accountability ○ Ministers are accountable to parliament for all decisions made by the executive, not the non-elected civil servants Textbook Notes - Chapter 1 Political Regimes ● 4 Aristotle’s Six Regimes: Who Rules Common Good Own Interest One Kingship Tyranny Few Aristocracy Oligarchy Many ● Democracy Tyranny of the Majority ○ Majority mistreats minorities (hence Democracy in bad) ■ ● Polity Polity does not exist in real life, just in theory Canadian Regime ○ Based on equality and liberty = regime principles Equality ● Fundamental principle of democracy ○ Democracy grants political power to all citizens equally ○ No one has a special title to rule ○ Democratic principle of equality = political principle ■ ● ● NOT social or economic, only share political power Direct Democracies vs Parliamentary Democracies ○ Directly involved in political process ○ Vs parliamentary = representative democracy with elected reps United States’ Republical Regime ○ Full and final authority given to elected officials ○ Crown still has influence in parliamentary system Liberty ● Liberal democracy ○ ● Combines liberty and democracy Liberty = private sphere should be free for all ○ Theory of liberalism = free as long as we don’t break the law ● Contemporary liberal democracies -> 2 schools ● Natural Rights ● ○ Innate rights of every human aka human rights ○ Inalienable even if not recognized Utilitarianism ○ Importance of liberty derives from its usefulness of promoting human happiness ■ Rights are created within each regime as a response to circumstances 5 ○ Harm principle - John Stuart Mill ■ ○ Gov. cannot interfere if actions don’t harm others 2 Main Political Implications of the Harm Principle: ■ Onus of proof on government to show why law limits on individual liberty is necessary ■ ● 6 Law only valid if it is preventing harm of others Three Essential Principles of Rights: ○ Protection of the private sphere ○ Respect for Minority Rights ○ The Rule of Law, no one is above the law