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Is the Canadian Model of Democracy Different?

In this study, we examine the political institutions of Canada and the United States to determine if they follow different models of democracy, and if these differences lead to variations in public policy. We analyze the structure of government, including the constitution, judiciary, legislature, executive, federalism, and mechanisms of popular representation. We also explore the constitutional rights in both countries and the limits on their application. Additionally, we discuss the implications of legalized politics on access and compromise.

markmorgan
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Is the Canadian Model of Democracy Different?

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  1. Is the Canadian Model of Democracy Different? PSCI 102M

  2. How are We Different? How Different are We? • Part 1: Introduction • Part 2: The Structure of Government • Part 3: Public Policy

  3. Political Institutions -- The Structure of Government • MAIN QUESTIONS: • Are the political institutions of Canada and the United States structured differently so that it appears that they were modeled on fundamentally different models of democracy? • Do the political institutions of Canada and the United States differ in ways that would lead us to expect differences in public policy?

  4. Political Institutions -- The Structure of Government • the Constitution • the judiciary • the legislature • the executive • federalism • mechanisms of popular representation

  5. Constitutional Rights January 21

  6. Themes of the Constitutional Orders • American Constitution... • life, liberty and the pursuit of happiness (Declaration of Independence) • Bill of Rights • Canadian Constitution... • peace, order and good government (s.91 Constitution Act) • parliamentary sovereignty

  7. Models of Democracy Limited Gov’t Liberal Democracy Liberal Democracy II Life, Liberty and the Pursuit of Happiness High Mass Participation Low Mass Participation Peace, Order and Good Government Participatory Democracy Elite Democracy General Welfare

  8. Democracy: Where’s the Canadian Political System? Individual Rights/Limited Gov’t Liberal Democracy I Liberal Democracy II High Mass Participation Low Mass Participation Canada Canada Participatory Democracy Elite Democracy General Welfare

  9. The Canadian Charter of Rights and Freedoms (1982) • fundamental freedoms • democratic rights • legal rights • equality rights • minority language education rights • mobility rights

  10. American Civil Liberties -- What Are They? • TYPES OF CIVIL LIBERTIES • FUNDAMENTAL FREEDOMS • “Congress shall make no law...” • freedom of conscience • freedom of expression • LEGAL RIGHTS • DUE PROCESS • against unreasonable search and seizure • against self-incrimination • vs. Civil Rights • adhere to individuals (civil liberties) rather than groups (civil rights) • negative vs. positive freedom

  11. Limits on the Canadian Charter of Rights and Freedoms • Section 1: reasonable limits • comparable limits on the American Bill of Rights?

  12. Limits on the Canadian Charter of Rights and Freedoms • Section 33: Notwithstanding Clause • comparable limits on the American Bill of Rights? • No! • application • does not apply to democratic rights, mobility rights, minority language education rights

  13. Limits on the Canadian Charter of Rights and Freedoms • Section 33: Notwithstanding Clause • usage • very difficult to use politically • “notwithstanding” raises caution flags • examples of use • Quebec blanket use • Saskatchewan nurses’ strike

  14. Legalized Politics -- The Implications • positive aspects of legalized politics • offers access • not based on popular opinion • negative aspects of legalized politics • style of politics • adversarial • not prone to compromise • atomizing • people define themselves as individuals rather than members of community/society

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