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

ConstitutionsThe 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 Constitution of the United The Constitution of the United States of America (1787)States of America (1787)

““We the peopleWe the people of the United States, in Order of the United States, in Order to form a more perfect Union, establish to form a more perfect Union, establish Justice, insure domestic tranquility, provide Justice, insure domestic tranquility, provide for the common defence, promote the for the common defence, promote the general welfare, and secure the Blessings of general welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the ordain and establish this Constitution for the United States of America.”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” [2nd amendment]

“the right of the people...against unreasonalbe searches and seizures, shall not be violated” [4th 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.” [5th 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, 1789-91

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