Responsible Government Malcolmson

1
Responsible Government Malcolmson Myers, Ch. 3

• Constitutional Basis of Responsible Government
• Constitution (BNA) Act 1867
• Whereas the Provinces of Canada, Nova Scotia
  and New Brunswick have expressed their Desire to
  be federally united into One Dominion under the
  Crown of the United Kingdom of Great Britain and
  Ireland, with a constitution similar in principle
  to that of the United Kingdom

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Responsible Government Malcolmson Myers, Ch. 3

• Responsible Government establishes parliamentary
  government
• Parliamentary Government
• Fusion of (executive legislative) power
• Executive (cabinet) is part of legislature
• Cabinet sets policy Crown acts on Cabinets
  advice
• Cabinet accountable to legislature
• Theme Power married to responsibility

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Responsible Government Malcolmson Myers, Ch. 3

• Contrast with US Presidential Government
• Theme separation of power
• Branches check balance one another
• Set ambition against ambition
• President (the executive) not responsible to
  Congress (the legislature)

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Responsible Government Malcolmson Myers, Ch. 3

• Conventions of Parliamentary Government
• Constitution Act 1867 provides no specific rules
  about parliamentary government.
• No written rules!
• Defined by conventions
• Convention a common, longstanding practice or
  custom.

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Responsible Government Malcolmson Myers, Ch. 3

• Conventions of Parliamentary Government
• Confidence Convention
• Collective Responsibility
• Ministerial Responsibility
• Parliamentary Supremacy

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Responsible Government Malcolmson Myers, Ch. 3

• Conventions of Parliamentary Government
• Confidence Convention
• Collective Responsibility
• Ministerial Responsibility
• Parliamentary Supremacy

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Responsible Government Malcolmson Myers, Ch. 3

• The Confidence Convention
• Cabinet (government) must have confidence of
  the House
• Must be able to pass major policies
• Cabinet enjoys a working majority
• Prime Minister (and his/her Cabinet) resigns if
  the Cabinet loses confidence of House

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Responsible Government Malcolmson Myers, Ch. 3

• Conventions of Parliamentary Government
• Confidence Convention
• Collective Responsibility
• Ministerial Responsibility
• Parliamentary Supremacy

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Responsible Government Malcolmson Myers, Ch. 3

• Collective (Cabinet) Responsibility
• Cabinet collectively answerable to House for its
  policies
• Cabinet operates as a single unit
• Ministers speak vote as one
• Logic Power cannot be divided

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Responsible Government Malcolmson Myers, Ch. 3

• Conventions of Parliamentary Government
• Confidence Convention
• Collective Responsibility
• Ministerial Responsibility
• Parliamentary Supremacy

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Responsible Government Malcolmson Myers, Ch. 3

• Ministerial (Individual) Responsibility
• Cabinet ministers head Governments departments
  (portfolios)
• Accountable to Parliament for department policy
  action
• Explain
• Rectify
• Accept blame

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Responsible Government Malcolmson Myers, Ch. 3

• Conventions of Parliamentary Government
• Confidence Convention
• Collective Responsibility
• Ministerial Responsibility
• Parliamentary Supremacy

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Responsible Government Malcolmson Myers, Ch. 3

• Parliamentary Sovereignty
• Crown in Parliament is sovereign
• Recognizes no higher power
• Can pass laws it sees fit
• Not bound by courts or past parliamentary
  decisions

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Responsible Government Malcolmson Myers, Ch. 3

• Parliamentary Sovereignty
• Notwithstanding clause (Section 33) of Charter of
  Rights, Constitution Act (1982)
• Parliament or the legislature of a province may
  expressly declare in an Act of Parliament or
  legislature, as the case may be, that the Act or
  provision operate notwithstanding a provision
  included in section 2 or section 7 to 15 of this
  Charter.

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Responsible Government Malcolmson Myers, Ch. 3

• Conventions of Parliamentary Government are
• Unwritten
• Flexible
• Interpreted through political practice
  contestation

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Responsible Government Malcolmson Myers, Ch. 3

• Constitutional Landmarks / Crises
• 1910-11 Peoples Budget Parliament Act 1911
  (U.K.)
• Can the Lords (Upper House) veto the Commons?
• 1926 King Byng Crisis (Canada)
• Must G-G follow PMs self-interested advice?
• 1974-75 Replacement of the Whitlam Cabinet
  (Australia)
• Is G-G empowered to sack the PM?

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Responsible Government Malcolmson Myers, Ch. 3

• Responsible Government Elections
• Crown must have a government
• Incumbent cabinet in power until PM resigns
• Cabinet must have confidence of House
• What happens after an election?
• How does Governor-General know who commands
  confidence of the House?

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Responsible Government Malcolmson Myers, Ch. 3

• Responsible Government Elections
• Government formation in Canada tends to result
  in
• Single-party Majority
• Single-party Minority
• issue-by-issue (Martin 2004-2005)
• formal agreement (Ontario 1985-90 Liberal NDP
  Accord)
• Coalition (cabinet posts shared by 2 parties)
• (Saskatchewan 1999-2003 Liberal NDP
  Coalition)

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Responsible Government Malcolmson Myers, Ch. 3

• Responsible Government Elections
• Government formation in Canada tends to result
  in
• Single-party Majority
• Single-party Minority
• issue-by-issue (Martin 2004-2005)
• formal agreement (Ontario 1985-90 Liberal NDP
  Accord)
• Coalition (cabinet posts shared by 2 parties)
• (Saskatchewan 1999-2003 Liberal NDP
  Coalition)

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Responsible Government Malcolmson Myers, Ch. 3

• Responsible Government Elections
• Government formation in Canada tends to result
  in
• Single-party Majority
• Single-party Minority
• issue-by-issue (Martin 2004-2005)
• formal agreement (Ontario 1985-90 Liberal NDP
  Accord)
• Coalition (cabinet posts shared by 2 parties)
• (Saskatchewan 1999-2003 Liberal NDP
  Coalition)

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Responsible Government Malcolmson Myers, Ch. 3

• Type Duration of Federal Governments, 1867-2005

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Responsible Government Malcolmson Myers, Ch. 3

• Institutional Implications of Responsible
  Government
• Timing of Elections
• Cabinet Membership
• Party Discipline
• Head of Government Head of State

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Responsible Government Malcolmson Myers, Ch. 3

• Timing of Elections
• Under U.S. Presidential system,
• Executive not dependent on Congress for survival
  in office
• Thus election dates can be fixed 4 years

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Responsible Government Malcolmson Myers, Ch. 3

• Timing of Elections
• Under Responsible Government,
• Cabinet holds office subject to confidence of
  House
• Confidence cannot be limited, established ex ante
• Section 50 of the Constitution Act, 1867
• Every House of Commons shall continue for Five
  Years from the Day of the Return of the Writs for
  choosing the House (subject to be sooner
  dissolved by the Governor General), and no
  longer.

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Responsible Government Malcolmson Myers, Ch. 3

• Timing of Elections
• Is this really so?
• Norway Parliamentary government fixed
  elections
• Bill C-16 An Act to amend the Canada Elections
  Act
• ....subject to an earlier dissolution of
  Parliament, a general election must be held on
  the third Monday in October in the fourth
  calendar year following polling day for the last
  general election, with the first general election
  after the bill comes into force to be held on
  Monday, 19 October 2009.

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Responsible Government Malcolmson Myers, Ch. 3

• Party Discipline
• MPs are at once,
• Representative of local ridings
• Members of a party
• Government needs predictable support in House
• Party tends to dominate riding
• e.g., Bill Cassidy, Garth Turner, John Nunziata

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Responsible Government Malcolmson Myers, Ch. 3

• Party Discipline
• Discipline appears undemocratic, but...
• Government stability
• MPs join partys they agree with
• Voters also benefit from party discipline
• Know how their MP will vote
• Basis for believing parties platforms

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Responsible Government Malcolmson Myers, Ch. 3

• Institutional Logic of Responsible Government
• Cannot just alter, import institutions
• Cannot impose fixed election dates
• Impartiality versus Responsiveness
• Cannot just wish away party discipline
• Representation versus accountability stability
• Tensions with an elected Senate
• To which house is Cabinet responsible?

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Responsible Government Malcolmson Myers, Ch. 3

• Essay 1
• DISCUSS THE CONSTITUTIONAL ORIGINS AND MAIN
  IMPLICATIONS OF THE CONSTITUTIONAL PRINCIPLE OF
  RESPONSIBLE GOVERNMENT IN CANADA.

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Responsible Government Malcolmson Myers, Ch. 3

• Remember
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• DUE 28 JANUARY 2008
• You have 2 pages, double-spaced
• 4-6 paragraphs
• Be concise
• Follow single line of argument