Part II: Political Institutions Institutions – What Are They? January 21, 2003

Political Institutions... What are institutions?  widely-held and deeply-ingrained sets of shared understandings  state/market/family  what are political institutions?

Political Institutions... what are political institutions?  widely-held and deeply-ingrained sets of shared understandings about the appropriate process for collective decision-making about the spheres subject to collective decisions (vs. those reserved for the individual)  solidified relationships of political power institutions are never neutral – they privelege some interests over others

Political Institutions... what are their characteristics?  don’t exist separately from society but are part of society  rigid – institutions are hard to change  have both formal and informal/operational aspects

Political Institutions... the executive and legislature  the legislature – the branch of government which makes laws  e.g. Canadian Parliament, American Congress  the executive – the branch of government which enforces and implements decisions of legislature  e.g. Canadian Prime Minister, American President

Political Institutions... the executive and legislature the judiciary  adjudicates disputes between executive and legislature, between different orders of government (e.g. federalism), and between citizens and governments (i.e. individual rights) federalism and unitary systems electoral systems

Constitutions The Master Institution

Constitutions what do they do?  outline the formal rules for collective political decision-making  place formal limits on the spheres subject to collective decision-making in doing so, they outline the relationship between other political institutions  executive, legislature, judiciary

Constitutions – Main Elements outline the various political institutions and relationships among them  including different orders of government (e.g. federalism)  outline the process of decision- making  prescribe the rights of citizens  outline the spheres subject to collective decision-making  prescribe a method of adjudication of disputes about the constitution

Constitutions – Main Elements formally outline solidified relationships of power  are shaped by political and historical context are never neutral  advantage some political interests and disadvantage other political interests  recognize certain types of political claims while ignoring others  “Some issues are organized into politics, while other issues are organized out of politics.” E.E. Schattschneider three examples  US, France, Canada

The American Constitution What is the main thrust of the American Constitution?  protecting against the tyrannical use of power by government  how – limit what government can do!  legal prohibitions  fragmenting of power

THE DECLARATION OF INDEPDENDENCE (1776) “We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these, are life, liberty, and the pursuit of happiness. That, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it...”

The Constitution of the United States of America (1787) “We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defence, promote the general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

The American Constitution function of the Constitution – fragmenting and limiting power of government  creates the three branches of government at the federal level  creates the two orders of government (federal government and state governments)  limits governments in their relationships with citizens

Freedoms & Rights negative vs. positive freedoms  negative freedoms  things that government must not do  do not require government action (rather stipulates how government must not act)  positive freedoms  things that governments must do in order for people to exercise their freeom  requires government action

The American Bill of Rights focuses exclusively on negative freedoms  “Congress shall make no law...” [1st Amendment]  “the right...to keep and bear arms shall not be infringed” [2 nd amendment]  “the right of the people...against unreasonalbe searches and seizures, shall not be violated” [4 th amendment]  “No person shall...be deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use, without just compensation.” [5 th amendement]

The American Constitution why limited government?  belief that security of property was synonymous with individual liberty  concern that the landless masses would use the government to confiscate the wealth of the land- owners  emphasis on securing the rights of property  esp. Amendments 2 through 5

The French Constitution... Preamble (1789): “The representatives of the French people...believing that the ignorance, neglect, or contempt of the rights of man are the sole cause of public calamites and of the corruption of governments, have determined to set forth...the natural, unalienable, and sacred rights of man...”

The Rights of Man, 1789 Article 1: Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good. Article 4: guarantees the “freedom to do everything which injures no one else.” Article 5: “Law can only prohibit such actions as are hurtful to society.” Article 17: property as an “inviolable and sacred right”

Preamble to the 1946 Constitution “guarantees women equal rights to those of men in all spheres” “Each person has the duty to work and the right to employment.” “All men may defend their rights and interests through union action and may belong to the union of their choice.” “All workers shall...participation in the collective determination of their conditions of work and in the managemnt of the work place.”

Preamble to the 1946 Constitution “The Nation....shall guarantee to all...protection of their health, material security, rest and leisure. All people who...are incapable of working, shallh have the right to receive suitable means of existence from society.” “The Nation guarantees equal access for chidlren and adults to instruction, vocational training and culutre.s The provision of free, public and secular education at all levels is a duty of the state.”

The Canadian Constitution BNA Act, 1867  preamble  “Whereas the Provinces of Canada....have expressed their desire to be federally united into one Dominion under the Crown...with a constitution similar in principle of that of the United Kingdom...”  “whereas such a Union would conduce to the welfare of the Provinces and promote the interests of the British Empire....”

The Canadian Constitution BNA Act, 1867  themes:  parliamentary sovereignty i.e. no bill of rights limiting power of gov’t  peace, order and good government (s.91 Constitution Act)

The Canadian Charter of Rights and Freedoms (1982) preamble: “Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law...” enumerated rights  fundamental freedoms  democratic rights  legal rights  equality rights  language rights and minority language education rights  mobility rights

Limits on the Canadian Charter of Rights and Freedoms Section 1: reasonable limits  rights are guaranteed “subject only to such reasonable limits...as can be demonstrably justified in a free and democratic society.” Section 33: Notwithstanding Clause  application  does not apply to democratic rights, mobility rights, minority language education rights

The Canadian Constitution Act (1982) equalization and regional disparities (Schedule B, Part III)  “...the government of Canada and the provincial governments, are committed to  promoting equal opportunities for the well- being of Canadians;  further economic development to reduce disparity in opportunities;  providing essential public services of reasonable quality to all Canadas  “...the Government of Canada [is] committed to...”  to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation.

The Canadian Constitution Act (1982) issues organized into constitutional politics  linguistic issues  territorial/regional issues

Comparing Constitutions... American Constitution,  focuses on negative freedoms (limits ability of collectivity to use the state)  protects property French Constitution, 1946  focuses on positive freedoms  recognizes class politics and organizes them into politics Canadian Constitution, 1982  encompasses both negative and positive freedoms  limited protection of the rights of individuals in relation to governments  organizes linguistic and territorial/regional issues into politics

Comparing Constitutions... no constitution is neutral! political institutions (including constitutions) represent solidified relationships of power all political institutions privilege certain interests and disadvantage other interests