scholarly journals The Crown and Government Formation: Conventions, Practices, Customs, and Norms

2019 ◽  
Vol 28 (3) ◽  
Author(s):  
Philippe Lagassé

The Crown’s role in government formation is poorly understood in Canada. As demonstrated by the confusion surrounding the Lieutenant Governor’s duties in the aftermath of recent elections in British Columbia, New Brunswick, Prince Edward Island, and Newfoundland and Labrador, the functions of the Crown are misrepresented by politicians vying for power and misconstrued by commentators. These cases also suggest a degree of uncertainty about the Crown’s powers within the vice-regal office themselves. There has been a regrettable tendency to exaggerate the Crown’s involvement in government formation, which risks dragging the vice-regal representatives into the political arena or creating unrealistic expectations about the personal discretion they are able to exercise. Misunderstandings about the Crown’s place in government formation can be traced to three gaps in knowledge. The first is a vague comprehension of the foundational conventions of responsible government as they pertain to the Crown. While the conventions that surround the government’s need to secure and hold the confidence of the elected house of the legislature are widely recognized, the conventions that frame the relationship between a first minister and the Crown are not. Second, there is confusion about what counts as a veritable constitutional convention. Conventions are too often conflated with other types of rules, notably practices, customs, and norms. Differentiating between these concepts helps us identify which constitutional rules firmly bind the Crown and which are more fluid and evolving. Thirdly, the lack of official explanations and transparency about the Crown’s functions and constitutional activities makes it difficult to appreciate the rules that surround the institution. While some vice-regal offices have made efforts to better articulate their constitutional roles, there is a need for greater openness and explanation. My aim in this article is to offer an analysis of the types of rules that surround the Crown and government formation in Canada. I begin the article with a discussion of the difference between constitutional convention, practice, custom, and norms. I then examine how the Crown’s role in government formation are guided by these four types of rules. I conclude by recommending ways that vice-regal offices can better explain their functions and avoid confusion and controversy about their powers and personal discretion.

Author(s):  
Justin Crowe

This concluding chapter synthesizes the book's main findings about the architectonic politics of judicial institution building and contextualizes them within contemporary debates. It also reflects upon the lessons of the more than 200-year historical lineage of the institutional judiciary for our understanding of judicial power in America. More specifically, it considers the place of the federal judiciary in America's past and future in empirical and normative terms, respectively. It argues that both political rhetoric and academic exegesis about the Supreme Court embody a fundamentally incorrect presumption about the judiciary being external to politics, and that such presumption leads to a series of misconceptions about the relationship between judicial power and democratic politics. The chapter offers a conception that not only locates the judicial branch squarely within the political arena but also places substantially greater emphasis on its cooperation rather than conflict with other actors and institutions in that arena.


2019 ◽  
Vol 63 (3) ◽  
pp. 314-329
Author(s):  
Fenneke Sysling

This paper examines racial science and its political uses in Southeast Asia. It follows several anthropologists who travelled to east Nusa Tenggara (the Timor Archipelago, including the islands of Timor, Flores and Sumba), where Alfred Russel Wallace had drawn a dividing line between the races of the east and the west of the archipelago. These medically trained anthropologists aimed to find out if the Wallace Line could be more precisely defined with measurements of the human body. The paper shows how anthropologists failed to find definite markers to quantify the difference between Malay and Papuan/Melanesian. This, however, did not diminish the conceptual power of the Wallace Line, as the idea of a boundary between Malays and Papuans was taken up in the political arena during the West New Guinea dispute and was employed as a political tool by all parties involved. It shows how colonial and racial concepts can be appropriated by local actors and dismissed or emphasised depending on political perspectives.


2020 ◽  
Vol 13 (1) ◽  
pp. 9-34
Author(s):  
Jehad Alaysa ◽  
Hussam Musa

AbstractThe aim of this research is examining governmental turnover and its impact on the sustainability of public policy in the Palestinian context. We argue that the absence of a clear political program of governments and the absence of clear rules in professional and independent civil service allows Palestinian ministers to politicize the ministries they run, in addition to imposing their personal visions on different administrative levels, which makes the frequent turnover of governments and ministerial faces a challenge to the administrative level’s capability to create and implement sustainable public policies. We examined and compared through in-depth interviews the relationship between the political dimension of government formation and its surrounding considerations with the administrative executive dimension in Palestinian conditions. We concluded that professionals from most ministries think that frequent ministerial turnover usually has a negative impact on the sustainability of public policy while only respondents from three ministries stated that turnover could have a positive impact.


2019 ◽  
Vol 47 (4) ◽  
pp. 11-29
Author(s):  
Paweł Kaczorowski

The subject of consideration is the relationship between politics and the political, as it is presented in two dissertations by Carl Schmitt from the 1920s: the famous Der Begriff des Politischen and the most extensive work from this period – Verfassungslehre. The thesis of the article is that, contrary to the fairly widespread interpretation of both these phenomena, that is, politics in the common sense and its special form to which Carl Schmitt referred as the political, should not be treated as explanandum and explanans, but as separate, co-occurring and somewhat complementary phenomena. While politics involves state actions for the public interest, ideologically defined according to classic political categories, the political is a sphere of specific actions in the special space of relations sometimes formed between collective entities, defined by the terms enemy-friend, a space cognitively diagnosed by Carl Schmitt. The political is not a real form of politics, but a form of action in the sphere of collective life other than politics, which is essentially important for building the structure of the state. The disclosure of the political in the activities of individual countries is an important element of analysis in foreign policy, an element of analysis of a situation within international relations. Revealing the political as a kind of arcana imperi of state actions, Carl Schmitt appears not only and not primarily as a neutral theoretician of politics, but as a German national political thinker, analysing primarily the situation of Germany in relation to the Entente countries at a very special moment in the history of twentieth-century Europe.


2019 ◽  
Vol 10 (1) ◽  
Author(s):  
Lindayanti Lindayanti

Women in the Minangkabau indigenous community structure have a unique role. In the Minangkabau matrilineal custom system, women are placed ina central position. Minangkabau women have been portrayed as having played arole in the political arena in Minangkabau for a long time. This can be seen fromclassic Minangkabau stories such as kaba, tambo or myth. Many stories ofwomen's heroism are found. What is the relationship between the ideal level andreality in the politics of Minangkabau women? For example, "Keagungan BundoKanduang" depicted in the story of Cindur Mato from an ideal level coupled withMinangkabau women performing in various fields such as Putri Rahmah elYunusiyah also established several other women's schools as an effort to increasethe education level of women in Minangkabau.


2018 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Sabah Mofidi ◽  
Somayeh Rahmani

<em>This article studies the relationship between religion and political identity in Eastern Kurdistan located in Iran. For this purpose, it reviews at first the theoretical debates on social and political identities, the bases of Kurdish individual’s political identity and the situation of religion in Kurdish society as one of them.<strong> </strong>Then,<strong> </strong>the quantitative and analytical methods are used to measure the effect of religion. The results show that religion and religious identity are still important determinants of political identity in Kurdistan that is affected by the situation of society. Because of both the influence of religion in this traditional society and the existence of a totalitarian religious government, the other social factors and identities cannot practically affect the political identity, though they are also important and powerful in the society, especially the Kurdish identity. Hence, the political identity of Kurdish youth is further affected by the government’s politics and policies that reinforce both Iranian and religious identities and prevent the manifestation of the other identities in political arena. </em>


2020 ◽  
pp. 62-96
Author(s):  
Ahmad Izzuddin Abu Bakar

The difference of opinion between Islamic political party in Malaysia that has separated Muslims' votes in election in facing with the increasing non-Muslim’s parliamentary seats and their growing demands is one of the dispersions that are prohibited in Islam. Therefore, this article is aimed to produce methods of interaction in dealing with this phenomenon from Sunnah Nabawiyyah. The article collects and analyzes the data using a qualitative method. There are five methods of interaction identified; 1. It is demolishing the political hegemony using the hadith that requires justice and disallow oppression between the government and the civilian, 2. Prioritizing loyalty towards the religion rather than political party according to the hadith that stresses the loyalty to the Muslim, how to express loyalty to corrupted Muslim and none to non-Muslim, 3. Interaction with the Malay as a race that is lenient to Islam based on the hadith exhibit the difference of human behavior and how the prophet SAW react to a particular situation, 4. Did not structure a new political party since it will cause the dispersion according to the hadith that forbid the recitation of Al Quran if it causes fatal disagreement, 5. It is emphasizing on the role of neutral parties stemmed from the hadith that reconcile the relationship among humans, especially individuals that at variance for power.


1970 ◽  
Vol 2 (1) ◽  
Author(s):  
John Deeks

A number of recent events in New Zealand have focused public attention on the role of the trade unions in the political arena and on the relationship between the trade unions and the government.


2020 ◽  
Vol 153 (3) ◽  
pp. 161-169
Author(s):  
Nicole W. Tsao ◽  
Shahrzad Salmasi ◽  
Kathy Li ◽  
Bob Nakagawa ◽  
Larry D. Lynd ◽  
...  

Introduction: Our previous study in British Columbia (BC) indicated that pharmacists have a poor perception of their working conditions. The objective of this study is to assess pharmacists’ perceptions of their working conditions in 4 other Canadian provinces. Methods: This was a cross-sectional study across Alberta, New Brunswick, Prince Edward Island and Newfoundland and Labrador, using a survey adapted from the Oregon Board of Pharmacy. Data collected previously from BC were also included in the analyses. The survey was emailed to all pharmacist registrants. Respondents were provided with 6 statements and asked to rate their agreement with them, using a 5-point Likert scale. Statements were framed such that agreement with them indicated good perception of working conditions. Logistic regression analyses were used to study the relationship between workplace factors on perception of working conditions. Results: Pharmacists perceived their working conditions to be poor. Pharmacists indicated that they do not have time for break/lunch (48.3% of respondents), work in environments that are not conducive to safe and effective primary care (26.5%), are not satisfied with the amount of time they have to do their job (44.0%) and face shortage of staff (shortage of pharmacists: 33.7%, technicians: 36.4%, clerk staff: 30.3%). Significant factors associated with poor perception were workplace-imposed quotas, high prescription volume, working in chain pharmacies and long prescription wait times. Conclusion: A high percentage of Canadian pharmacists perceived their working conditions to be poor. Considering the patient-related consequences of pharmacists’ poor working conditions and the system-related reasons identified behind it, we call for collaborative efforts to tackle this issue.


2018 ◽  
Vol 3 (01) ◽  
pp. 3-40
Author(s):  
Nanaho Hanada

Women are politically underrepresented. This is true in Japan regardless of its political and economic standings suggesting that it is an industrialized democracy. While underrepresented in the political arena, Japanese women are fairly active in non- profit organizations. This paper explores the way in which women can be channeled into politics from civil society through organizational activities, I engaged in semi-structured interviews with 62 women from 41 non-profit organizations. I found that the relationship between organizations and the government was the key. The women in those organizations which have established a partnership with government were provided with the opportunity to enhance their self-efficacy by engaging in competitive selection processes and to dismantle the image of politics being contaminatedand negative by developing a personalized network with government officials and members in other organizations. They come to view their activities as being political and even consider running for office


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