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It has been suggested that the Canadian prime minister tends to enjoy powers to a degree that is unhealthy in a democratic society. This article evaluates the "prime minister as autocrat" argument that has gained currency, if not in the academic literature, certainly in the popular media. It is suggested that while there has been a relative increase in the concentration of power in the centre — the centre defined as the prime minister, his entourage and key central agencies — the portrait of prime ministerial autocracy has been overdrawn. None the less, reforms are desirable. Particularly ones that create or enhance counterweights to prime ministerial power will likely improve Canadian democracy. These reforms should focus not so much on strengthening the role of individual MPs but on reinforcing the position of cabinet, the parliamentary caucus and senate vis-à-vis the prime minister. In this respect, five possible reforms are discussed, and their prospects of being adopted assessed: proportional representation for the House of Commons, an elected senate, strengthened parliamentary caucuses, a fixed time-table for elections and the New Zealand approach to the appointment of senior officials.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Abstract: Cabinet secrecy is a cornerstone of the constitution of the Westminster system of government and is safeguarded by convention, common law and statute law in leading Westminster regimes. Secrecy of cabinet proceedings is very much part of the efficient constitution, but the protections afforded by convention and law are neither well understood nor particularly popular. This article examines the convention and how it differs from the common law and statute law treatments of cabinet secrecy. It considers the essential requirements for cabinet secrecy: collective decision-making; the protection of the views and opinions of ministers; and several related problems of the constitution, including the role of the cabinet as the informal executive, the use of the cabinet as an administrative coordinating mechanism, and -unique to Canada - the use of statute law to remove the courts from their traditional role of determining the balance between individual rights and those of the state. Cabinet secrecy is essential to a system of government where responsible ministers collectively decide the government's policy, but in order to play a proper role in our affairs the convention on secrecy needs to be constitutionally validated by the articulation of its purpose and scope. Sommaire: Le secret ministériel est une pierre d'angle de la constitution de Westminster, protégé par la convention constitutionnelle, la common law et la législation dans les principaux pays du système de Westminster. Le secret ministériel fait intimement partie de la constitution efficace, mais les protections procurées par la convention et la Loi ne sont ni bien comprises N particulièrement bien vues. Cet article examine la convention et comment elle se démarque de la façon dont la common law et le droit législatif interprètent le secret ministériel. Il examine les conditions essenticlles du secret ministériel: la prise de décision collective et la protection des points de vue et opinions des ministres. II examine également plusieurs problèmes connexes de la constitution, y compris le rôle du cabinet comme le pouvoir exécutif officieux; le cabinet comme un mécanisme de coordination administrative et - propre au Canada
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"What is the state of democracy in Canada? This is the central question of Stephen Brooks’s best-selling introduction to Canadian politics textbook, Canadian Democracy. In this revised ninth edition, Brooks continues to explore the characteristics and controversies associated with Canadian politics. He begins by addressing the social and economic contexts of the country’s politics before covering the basic elements and structures of government (e.g., the constitution, federalism, and the administrative state), political participation, and the current issues and challenges in Canadian political life. Highlights of this revised edition include: comprehensive updates throughout to bring readers the latest data, research, and analysis of current events; additional coverage of such topics as multiculturalism and interculturalism in Quebec, current trends in political communication, and Canadian foreign policy. This edition features a revised ancillary suite for students and instructors that includes podcasts, a test generator, an instructor’s manual, PowerPoint slides, and a student study guide. The ninth edition of Canadian Democracy is also available with an e-version of the textbook, flashcards of key terms and definitions, the Constitution Acts, 1867 & 1982 (including the Charter of Rights and Freedoms), and simulation activities that speak to Canadian politics, governance, and institutions."-- Provided by publisher.
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Behind Closed Doors asks - and answers - whether the doctrine of Cabinet secrecy still has a role in the Westminster parliamentary system.
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This guide provides guidance to public servants on supporting Ministers for their participation in Cabinet and Cabinet committee meetings. This guide addresses the development of Cabinet documents - Memoranda to Cabinet (MCs), presentations and aide-mémoires - for Cabinet consideration
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"Comparative Law in the Jurisprudence of the Supreme Court of Canada" published on 09 Sep 2019 by Brill | Nijhoff.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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The author raises questions about potential threats to our democratic order that may arise from advancements in surveillance technology. Among the developments that concern him are the increasing power of investigators to conduct surveillance, the enhanced ability of the public and private sectors to share information and the steady growth in the sophistication of surveillance technology. At the same time, there is less scrutiny of surveillance practices by independent bodies. The author argues that these factors are combining to make surveillance of individuals dangerously easy. He warns that this may erode key democratic values, particularly freedom of expression and the right to privacy. The author reviews the 'Personal Information Protection and Electronic Documents Act (PIPEDA)', and concludes that while it is a good first step, it falls short by not adopting the European Union's strict approach to consent. As a result,further measures are needed to ensure that democratic values are adequately preserved, such as stronger laws dictating how government and private agencies collect and store information as well as greater accountability of government to its citizens. In addition, to help ensure such accountability, the author argues that there should be a method of tracking government searches for information. Finally, the author suggests an alternative system under which the personally identifying elements of collected information are removed and stored separately, accessible only upon independently verified grounds.
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Disclaimer: This summary was generated by AI based on the content of the source document.
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In a collection of nonfiction pieces, the novelist William Gibson reveals our own world to us as a science-fictional marvel.
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