Democratic Institutions of Canada and the U.S.

(and Britain)

Constitutional Monarchy vs. Republic

• Constitutional Monarchies have as a head of State the King or Queen (Emperor, Czar/Tsar, Kaiser, etc) and a Prime Minister as the Head of Government

• Canada, Britain, Australia, Spain, Japan, Norway, etc• The Monarch is usually a “figurehead” with some

ceremonial role but no true power like the old absolute monarchies of the past.

• Often, a Governor-General, Governor, Lieutenant Governor or Viceroy represents the Monarch if it is part of an empire or commonwealth.

Republics

• Have a non-hereditary head of state called a President. They are also the head of government, however, sometimes they also have Prime Ministers who are the head of govt. (like Russia)

• USA, France, Russia, Brazil, Mexico, Congo, Germany, Ireland, Israel

• “Vive la republique!”

Bicameral Legislatures

• “Bicameral” means two chambers• Parliament (Canada, UK). Congress

(USA)• An Upper House: Senate (Canada-

appointed, U.S.-elected), House Of Lords-UK (appointed and hereditary peerages)

• A Lower House: Elected. The House of Commons (UK/Canada) the House of Representatives (USA)

Unitary Systems vs. Federations• Unitary systems have very strong central governments

based out of the national capitol (France, Britain)• Federations are usually larger countries that are

collections of separate states/provinces that joined together and divide authority of various areas of governmental concern with the Federal Government (Canada, USA, Mexico, Australia).

• Since the 1990s, the UK has experienced “devolution of powers” which has given Wales, N. Ireland and Scotland their own assemblies.

• Canada’s Federal Government is more powerful than the provinces due to the post-US Civil War climate of 1867

Federal

defence criminal law

employment insurance postal service

census copyrights

trade regulation external relations

money and banking transportation

citizenship Aboriginal peoples in Canada

Provincial

• property and civil rights

• administration of justice

• natural resources and the environment

• education

• health

• welfare

• municipalities

• water • sewage • waste collection • public transit • land use planning • libraries • emergency services • animal control • economic development

CONSTITUTIONS• A constitution is a set of fundamental principles or established precedents

(UK Common Law) according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is. When these principles are written down into a single or set of legal documents, those documents may be said to comprise a written constitution.

• Within states, whether sovereign or federated, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially written constitutions, also act as limiters of state power by establishing lines which a state's rulers cannot cross such as fundamental rights (Charter of Rights in Canada guards these).

• The Constitution of India is the longest written constitution of any sovereign country in the world, containing 444 articles, 12 schedules and 94 amendments, with 117,369 words in its English language version, while the United States Constitution is the shortest written constitution, at 7 articles and 27 amendments.

• Canada’s Constitution includes the 1867 BNA Act, the 1982 Constitution and the Charter of Rights and Freedoms. It is not only a written document like the USA but also based on British Common Law traditions.

• The United States treat their constitution as a sacred document and have added amendments to the Founding Fathers’ vision such as The First Amendment (Free Speech) and the Second Amendment (The Right to Bear Arms)

Parliamentary Democracy• Majority Government-the party with the most seats forms the government

and is very empowered due to the fact that the Official Opposition and other opposition parties have less seats combined than they do (Trudeau 1968, 1974, 1980) Chretien 1993-2003, Mulroney 1984-92, Dexter 2009)

• Minority Government-when one party has the most seats but the Official Opposition and the other parties have more combined (Pearson 1963-68, Harper 2006-2011) and can hold the government to account through votes of non-confidence on “money bills” or as only once contempt.(Clark 1979, Martin 2005, Harper 2011)

• Coalition Government-when a number of parties join together to form a combined government of compromise.

• http://www.ctv.ca/CTVNews/QPeriod/20081202/coalition_govts_081202/

Government in Canada

• Authority to act flows from people of Canada

• Powers of Government vested in Crown are assigned to Crown’s Privy Counsellors (Ministers)– by the Prime Minister under his prerogative– by Parliament and particularly the House of

Commons, by statute

Executive Branch

• US President• The executive branch consists of the President and those to whom the

President's powers are delegated. The President is both the head of state and government, as well as the military commander-in-chief and chief diplomat. The President, according to the Constitution, must "take care that the laws be faithfully executed", and "preserve, protect and defend the Constitution". The President presides over the executive branch of the Federal Government, an organization numbering about 5 million people, including 1 million active-duty military personnel and 600000 postal service employees. The forty-fourth and current president is Barack Obama.

• The President may sign legislation passed by Congress into law or may veto it, preventing it from becoming law unless two-thirds of both houses of Congress vote to override the veto. The President may, with the consent of two-thirds of the Senate, make treaties with foreign nations. The President may be impeached by a majority in the House and removed from office by a two-thirds majority in the Senate for "treason, bribery, or other high crimes and misdemeanors". The President may not dissolve Congress or call special elections but does have the power to pardon, or release, criminals convicted of offenses against the Federal Government (except in cases of impeachment), enact executive orders, and (with the consent of the Senate) appoint Supreme Court justices and federal judges.

• The Vice President is the second-highest executive official in rank of the government. As first in the U.S. presidential line of succession, the Vice President becomes President upon the death, resignation, or removal of the President, which has happened nine times in U.S. history. Under the Constitution, the Vice President is President of the Senate. By virtue of this role, he or she is the head of the Senate. In that capacity, the Vice President is allowed to vote in the Senate, but only when necessary to break a tied vote. Pursuant to the Twelfth Amendment, the Vice President presides over the joint session of Congress when it convenes to count the vote of the Electoral College. While the Vice President's only constitutionally prescribed functions, aside from presidential succession, relate to his role as President of the Senate, the office is now commonly viewed as a member of the executive branch of the Federal Government. The U.S. Constitution does not expressly assign the office to any one branch, causing scholars to dispute whether it belongs to the executive branch, the legislative branch, or both.[10][11]

• The Secretary of State is the Chief Executive Officer of the United States Department of State, the most senior of all federal executive departments. The Secretary of State is the third-highest official of the executive branch of the Federal Government of the United States, after the President and Vice President. The Secretary is a member of the President's Cabinet and the highest-ranking cabinet secretary both in the presidential line of succession and order of precedence. The Secretary has many duties and responsibilities. The Secretary serves as the President's chief adviser on U.S. foreign policy and as such negotiates, interprets, and terminates treaties and agreements, personally participates in or directs U.S. representatives to international conferences, organizations, and agencies, conducts negotiations relating to U.S. foreign affairs, and is responsible for the administration and management of foreign embassies and consulate offices. Foreign trade missions and intelligence assets report directly to the Secretary of State. The Secretary is also responsible for overall direction, coordination, and supervision of interdepartmental activities of the U.S. Government overseas. The Secretary answers directly to the President of the United States.

Canada Executive Branch

• PM and Cabinet

• Ministers usually chosen from elected MPs (exceptions: Trudeau 1967, Dion 1995)

Executive branch: head of state: Queen ELIZABETH II (since 6 February 1952); represented by Governor General David JOHNSTON (since 1 October 2010) head of government: Prime Minister Stephen Joseph HARPER (since 6 February 2006) cabinet: Federal Ministry chosen by the prime minister usually from among the members of his own party sitting in Parliament elections: the monarchy is hereditary; governor general appointed by the monarch on the advice of the prime minister for a five-year term; following legislative elections, the leader of the majority party or the leader of the majority coalition in the House of Commons generally designated prime minister by the governor general

Caucus

• In Canada, caucus refers to all members of a particular party in Parliament, including senators, or a provincial legislature. These members elect among themselves a caucus chair who presides over their meetings. This person is an important figure when the party is in opposition and an important link between cabinet and the backbench when the party is in government.

• What is the Whip? The “vote coach”• In a Westminster System, a party caucus can be quite

powerful, as it can elect or dismiss the party's parliamentary leader. The caucus also determines some matters of policy, parliamentary tactics, and disciplinary measures against disobedient MPs.

Responsible Government

• Crown makes decision on advice from Cabinet

• Cabinet responsible to House of Commons (not Governor as pre-1830s)– must retain confidence of House of

Commons

• House of Commons answerable to the people through elections

Collective Ministerial Responsibility • To House of Commons

– (through the House) to the people• Engaged by Cabinet as Prime Minister’s

political forum

• Provides necessary unity and stability to government– proposes unified request for supply and legislation– requires frank, confidential discussion - all interests,

then consensus

Interest Group Pressures Election promises CaucusOther Govts.Public Polls Opposition Press

Lobbyists

BudgetLegislation

Policy StatementsGrants

DecisionsAppointments

Internat’l AgreementsFed-Prov Agreements Orders in Council

Aud. Gen. Charter Access/Privacy/Off.Langs.

PMCabinet

Ministers

Central AgenciesDeputy Ministers

DepartmentsAdmin. tribunals

Crown Agencies

Interest RatesState of the Economy

Deficit UnemploymentInternational Events

Social ClimateUnforeseen Events

How Issues Move Through Cabinet

PCO/PMO/FINANCE/TBS

Caucus

CabinetCommittee CABINET

Caucus

Minister

Department

Program Implementation

AnnouncementOiC

Legislation

ACTION

Other Ministersand Departments

ACTION

Treasury Board

The Prime Minister• Has responsibility to maintain unity in

Cabinet and provide direction to Ministers

• Makes responsible government possible

• Makes collective responsibility real• Unique powers

– appointment and mandate of Ministers– appointment of senior officials (Judiciary, Senators,– management of Cabinet– determination of policy/finance– In a majority government, the PM has more power over decisions

affecting the nation than the US president and his/her veto. Congress can block the president’s desired bills from passing.

Individual Ministerial Responsibility

• Legally, to Crown

• Conventionally, to House (and to PM)

• Expressed in departmental structure of government

The Minister

• Responsible for:

– advancing Government’s policy

– providing direction to the public service

– communicating Government’s program to the public

The Deputy Minister

• Appointed by (and ultimately answerable to)

PM

• Policy advisor of Minister and manager of department – implement government policies – what Ministers need to know, not what they

like to hear– manages and staffs the department

Prime Minister’s Office (PMO)

• Support Prime Minister’s:– political strategy and tactics– priorities– political dimensions of policy initiatives, problems, etc.– coordination of PM’s agenda and travel– communications– national political liaison

Clerk of the Privy Council andSecretary to the Cabinet

• As Deputy to the Prime Minister – provides advice and staff support

• As Secretary to the Cabinet – supports all ministers collectively and

individually

• Head of the Public Service

PCO: PM’s Department (Privy Council Office)

• Supports PM as Head of Government– priority setting– policy development and coordination – ministerial mandates and government

organization– national security– senior GOVERNMENT appointments

Advice and support on:

• social, economic, fiscal, national security,foreign and defence policy issues;

• relations with Parliament, including leg’v priorities; • constitutional issues; Aboriginal issues; • relations with gov’ts including possible agenda topics and

timing for First Ministers’ Meetings; • meetings of the P.M. with the leaders and reps of other

countries & international organizations; • appointments to certain positions in the government, (eg. DMs

& heads of agencies); • the structure and functioning of government; • operational activities, eg. P.M.’s non-political, non-personal

correspondence; • the communication of the government’s initiatives; • managing transitions between governments, such as after an

election.

PCO: Cabinet Secretariat

• Keep track of departmental initiatives• Ensure proper consultation• Cabinet and Cabinet Committee meetings:

– agendas – briefings to Chairs– minutes– committee decisions – information

PCO Core FunctionsPrime Minister

Clerk of the Privy Council and

Secretary to Cabinet

Intergovernmental Affairs

Deputy SecretaryOperations

Deputy SecretaryPlans and

Consultation

Deputy Clerk and Counsel

Security and IntelligenceCoordinator

Machinery of Government

L and HP

Security and Intelligence

IntelligenceAssessment

Senior Personnel

Secretariats-social,

economic,etc.

Secretariats

Deputy SecretaryIntergovernmental

Operations

Deputy Secretaryintergovernmental

Policy and Communications

PMO

• Prime Minister’s Office

• Many MPs complain they have become too powerful since the 1970s and have more power than elected MPs. They feel that is one of the issues with our democracy that needs reform.

Department of Finance

• Management of Consolidated Revenue Fund

• Supervision, control and direction of all matters relating to financial affairs not assigned by law to Treasury Board or other ministers

Treasury Board Secretariat

• Supports Treasury Board• Efficient use of resources

– administrative policy– financial, expenditure management– personnel management policy (employer)– superannuation - pensions– staff relations– official languages– employment equity

The Treasury Board manages the government's financial, personnel, and

administrative responsibilities. Considered the employer and general manager of the Government of Canada, it sets policy in

these areas, examines and approves the proposed spending plans of government

departments, and reviews the

development of approved programs.

Public Service Commission

• Guardian of merit

– recruit and promote on basis of merit– ensure fairness, equity and transparency in

staffing– provide impartial recourse and review– training and development

The Public Sector Today

• 23 departments

• 37 Crown corporations

• 26 tribunals and quasi-judicial bodies

• 48 service agencies of all kinds

• and more...

PORTFOLIO

Parliament

Minister

Department

Department-like bodies(i.e. under authority

of Minister)

Agencies /Administrative Tribunals(varying degree of independence of the Minister e.g, Minister may

issue directives)

Crown Corporations orsimilar (operate at considerable

distance from Ministers e.g.Minister’s role limited to

appointments and tabling reports)

Secretary of State

Agents of Parliament

Total: 1997-98“Departmental”

Resources

Total: 1997-98 Other Public Sector Resources

(Total: 1997-98 Portfolio Resources)

Privy Council OfficeSeptember 1997

Public Servants - Responsibility

• Appointed by Public Service Commission - according to merit, non-partisan

• Report through structures to Deputy Minister as “deputy head”

• Support Ministers in relationship to Parliament and may assist in answerability of Ministers to Parliament

• Have no constitutional responsibility to Parliament, nor do they share in that of Ministers

What is coming in Canada’s political future?

• http://www.ctv.ca/CTVNews/TopStories/20110504/justin-trudeau-liberal-future-110504/