Intro to Law Chapter #5

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Intro to Law Chapter #5
2014-02-19 08:31:44
Def Chap
Defenition of Chapter #5
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  1. Backbencher
    Elected member of the legislative branch of the party of the government in power who are not Cabinet ministers or cabinet secretaries
  2. Cabinet Ministers and Secretaries
    Elected members of the Legislature who head ministries.
  3. Checks and Balances
    The theory that in combination with separation of powers, supports the presidential system of government, stating that each of the three branches of government has equal power and ensuring that each branch does not allow the other branches to over step its own power.
  4. Confederation
    A loose type of federalism where the strong local government have sovereign powers over a weak central government.
  5. Constitutional Monarchy
    The government system in countries ( such as England and Canada ) where the monarch relinquishes his or her power to parliament to the extent that, theoretically all powers resides in parliament and the monarch is a figurehead
  6. Democracy
    A Type of government where elections allow for making certain decision by accepting the will of the majority
  7. Devolution
    A system where a central government allows some powers to be given to a localized government with the ultimate power residing with the central government.
  8. Direct Democracy
    • A system that allows the electorate more control than other types of democracy and includes at least two types 
    • a) the Athenian Model, where decisions are made on the basis of the one citizen one vote mechanism, where the majority carried the day and all major decisions were put to a vote of the electorate, 
    • b) The Modern Model, where representative are elected but mechanism are in place to allow at least some control of the representative to make them listen to the electorate.
  9. Executive Federalism
    a System of government where the relations between eluted and appointed officials of the two levels of government in federal-provincial interactions and among the executive in the interprovincial infractions are part of the power that is concentrated in that branch
  10. Federalism
    A system of government where sovereignty is divided between a central government and several regional or provincial government
  11. Free Vote
    A type of voting by representative in a party system of government where the party in power disregard party discipline and allows the members of the party to vote according to their conscience.
  12. Initiative
    A mechanism of modern model of direct democracy where the voters can be required that an issues be put on the ballot for a vote by an electorate that will bind the government.
  13. Intra Vires
    A latin phrase that means “inside the power of the level of government to pass a law”
  14. Leader of Opposition
    The leader of the party with usually the second most seats after the legislature.
  15. Members in opposition party to the government
    Members of the parties other than the one in power, independent members, or members of the ruling party who have been thrown out of their party caucus.
  16. Multi-Members Proportional Representation
    A mechanism to ensure that all parties who received a number of seats based on the proportion of that party;s vote to all votes cast.
  17. Parliamentary System
    Originally and still in use in England as well in Canada and others countries, where a legislative branch is elected to make laws ands where part of the legislative branch is also part of the executive branch.
  18. Party Whip
    A person who talks to party members to ensure that they vote according to the party’s way and may even threaten removal from the caucus or explosion from the party if the member wishes to rebel.
  19. Plurality
    The winner in an elections who receives the most votes cast, even if it is not more than 50%
  20. Powers of Federal and provincial governments
    • The right given constitutionally to both levels of government in the federation can include the following:
    • a) Enumerated Powers, with each level given specific and separated powers allowing each level to legislate exclusively in certain areas.
    • b) Concurrent Power, with both levels being able to legislate in the same area but not on the exact same point.
    • c) Overlapping powers with both levels having the same rights to legislate in the same area with conflict possible as a result.
    • d) Paramount Powers, with one level having the final and ultimate right to legislate, and the other level having only a subordinate or no right at all to legislate.
  21. Premier
    The leader of a Canadian Provincial party in power as the government.
  22. Presidential System
    A system originally and still American, but in use in manny others countries where the legislative branch os separated from the executive branch and where the executive branch is head by a person who is elected in a country-wide election.
  23. Prime Minister
    The leader of Canadian Federal Party in Power as the government.
  24. Proportional Representation
    A system design to provided representative in multi-members constituencies of a number of minorities by calculating the votes for each party and comparing them to the votes cast in an election
  25. Recall
    A mechanism of the modern model of direct democracy where the voters can requires that an elected representative lose her or his seat if a minimum number of voters sign a recall petition.
  26. Reference
    A method of getting an issues before the court without requiring an actual fact situation affecting real persons before the issues can be decided.
  27. Representative Democracy
    A system where the citizens of the state elect candidates who will run the government by laws.
  28. Responsible Government
    A political concept that indicates the executive is responsible to all of the elected members of parliament as a whole.
  29. Separation of Power
    The theory that, in combination with checks and balances, supports the presidential system of government, stating that each of the three branches of government has separated powers.
  30. Single Members Majoritarian System
    The situation where the candidate in an election who gets the majority of the votes wins the seat.
  31. Single Members-Plurality System
    The situation where the candidate who gets the plurality of the votes in an election win the seat.
  32. Totalitarianism
    A common type of governance used in the world today, where leaders impose their objectives of goals upon their people to an unlimited degree.
  33. Ultra Vires
    A latin phrase that means “ outside the power of the level of government to pass a law
  34. Unitary System
    A political system wherein a single sovereign government controls all regions of the country.