Arguments Of Canadian Politics Essay

Published: 2020-04-22 15:06:56
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Category: Politics

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Since the beginning of civilization, people have had a desire to form and bond with groups.  As civilization progressed, so did the organization and structure of these groups.  Groups became towns, then states, then nations; with the rise of organized nations based upon common goals of people emerges the concept of nationalism. This nationalism gives way to government system. Such a government system resides in Canada and it is often is often suggest that Canada has a form of Prime Ministerial Government in which the office of the Prime minister dominates the executive and legislative branches of government. The focal point of this paper is to argue the different causes of this system.

Canadian politics is an admixture of different forms of government. It comprises constitutional monarchy, a federal parliamentary system welded to a tradition of democracy. The arguments whatever the number maybe revolves round certain fundamental fulcrums. It is crucial to understand the way these fulcrums work in order to understand the debates and issues of Canadian Prime Ministerial system of governing.

The Canadian setup came into existence through the British North America Act that was passed in the year 1867.  The division of power was a later Canadian addition. The federal element also came in later. After the First World War the different British dominions developed a strong sense of identity, the Belfour Act being a sort of climactic marker of this predilection.

Till 1982 the Canadians could not make amendments to their constitution. Judicial Committee of the Privy Council in United Kingdom continued to take decisions regarding legal affairs till 1949. Due to such circumstantial constrictions the Canadian setup is more of a constitutional democracy than a parliamentary one. The constitution is based on the Westminster system that is based on conventions that are unwritten and written legislations.

Thus it is obvious that being a part of the monarchy, on theoretical ground, the governing body of the state of Canada was not eligible to be a federal authority. So, a presidential candidature or form was not possible in this context. On the other hand the position of Canadian Prime Ministerial system could be well established as a representative of the Monarch. As a result the prime minister was regarded as a CEO under the rule of the British Monarch. Thus it is obvious that Prime minister dominated the executive and legislative branches of government and even after the constitutional change the authorities did not feel to make any amendments. As a result the format is in existence till date.

Secondly, there is bicameral parliament that has three divisions, namely the monarch, the senate and the House of Commons. The senate representation was based on an idea of regional representation. The prime minister sending a petition to the monarch (the present number is about 180) The House of Commons works on a separate mandate. They are elected by a plurality of popular votes. The present number hovers around 308. The size of the house is done according to the policy of representation of population. Thus it was important to have a sole authority that would cover the entire legislative system of the country and in Canadas case the acting authority is deemed to be the prime minister.

Another important reason behind the authoritative role of the prime minister is that in Canada the provinces are co sovereign and carry a considerable weight on different issues. Federal-provincial relation is a crucial and recurring issue in Canadian politics. There is basic divide between the rich states and the not so well off states. The central policy that allows the center to use the generated revenue in whatever way it would like to has been a thorn of contention for a very long time in Canadian politics. Scholars have suggested that the overstepping of the limit encroaches upon the sphere of state jurisdiction.

What happens here is that the bigger states (both in terms of money and power) can align the central spending in the ways it would want. While conversely if the center seeks to work out the spending in a different way it usually hurts the bigger states more than the other relatively smaller ones. Whichever way the alignment works this revenue spending policy remains a significant reason of the federal-province strained relationships. Thus to sustain the country as a nation it is important to have a central force of authority and as the Prime Minister is the in the position to overlook all the fundamental aspects of the region it is believed that the most eligible influence in this context relies on that position.

The forth most important reason behind Prime minister dominating the executive and legislative branches of government is juxtaposed with the provincial legislation of the country. Provincial legislation has an important role to play in this scheme of things. Provincial legislation is subject to limitations imposed by an Act passed in 1982. This was the Constitution Act of 1982. The parliament cannot take over the provincial autonomy. But the power of the provinces as far as amendments of provincial constitutions are concerned, are limited. Only one state has a written constitution, and that too is only a statute. (The state is that of British Columbia). Provincial legislations do not have the power to impinge upon the sphere of parliamentary affairs and in addition cannot touch the office of the Lieutenant general.

This is because of the Constitution Act of 1867 that categorically says that everything not mentioned as belonging to the provincial legislatures comes under the purview of the national parliament. Yet the balance between the national legislation and the provincial legislatures is a fine one. The national legislatures have to interpret the provincial legislatures through the mediations and inflections of the provinces. Moreover social security services, one of the most important sectors of legislation is crucially dependent on the provincial legislatures.

Though Parliament cannot transfer any of its powers to a provincial legislature, nor a provincial legislature any of its powers to Parliament, Parliament can delegate the administration of a federal Act to provincial agencies (as it has done with the regulation of inter provincial and international highway traffic); and a provincial legislature can delegate the administration of a provincial Act to a federal agency. Thus the central authority to control all the variables and differences of Canada is deemed upon the Prime minister and as a result of all these the Prime minister dominates the executive and legislative branches of government.

 

References:

Lamb, D; (2004); Cult to Culture: The Development of Civilization on the Strategic Strata; Wellington: National Book Trust

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