Saturday, November 14, 2009

The checks and balances of an elected governors general and governing council in Canada

To finish off the conversation concerning the elected Governor general.

I was thinking about it and have a few finer details to the system proposed yesterday that fits the original and still on the book powers of the governor general and lieutenant governors.

Ok the original power is to veto laws passed by the parliament if it does not inhere with the monarchs or governors wishes based on conferring with the monarch.
Since there is no monarch the wishes of the governor general are the authority. Since he is elected federally by all Canadians these wishes would reflect the people he represents, the prime minister is not elected or voted on by everyone in Canada, only his riding votes for him, yet he represents all Canadians while also representing his riding.
the prime minister would still have all the powers bestowed upon him traditionally and currently.
The governor general would represented all Canadians who are capable of voting for this position directly
If a veto occurs it is returned to parliament if 70% of the lieutenant vote against the veto
each lieutenant is elected provincially and thus represent the province they are elected in.
the reason for a strong majority verses a normal majority of 51% is that most of the regional or provincial representation must think the veto or Ascension, as they can vote to veto, should be overturned.

Once a bill ascends past this governors council it becomes law. Of sent back to parliament , it can be re debated and sent to the governors council for another vote, this process can be done several times or both senate and house can have a vote to over turn the decision of the governing council of another strong majority or 70% of the house as a free vote, meaning not one that would cause a election if defected in said houses. The senate would also have to have a 70% vote to over turn the decision.
If said vote passes the veto is over ruled and the bill ascends to law and thus becomes enforced and can be altered in the traditional way based on the Court system, judiciary in Canada.

This system would allow for changes to bills that would make lieutenant governors or even the governor general change sides and vote the opposite way.
this makes law federally accountable to localities and the head of state that represents all voting Canadians at the same time.

Now if a provincial law passes, as provinces have set spheres of powers delineated by law as provincial domains, the lieutenant governor of that provincial decides whether to veto or pass the bill as traditionally outlined by law. If the governor general who traditionally could in accord with the monarch veto or pass a provincial bill decides on the side of the lieutenant governor of that province the decision stands. If he counters the decision then a normal majority of other lieutenant governors( 51+) must vote in accord with the governor general to have the lieutenant governor of that province decision over turned. A bill that passes the governors council becomes laws effective to enforcement and justification. If it returns to the provincial parliament it can be re-debated and sent to the governors council for another vote or a strong majority vote to overturn the governors council derision as a free vote must be passed through the provinces parliament and house(s).
Since one provinces decision is local it takes both the representation of all Canadians and a majority of other provinces to over turn a lieutenant governors decision. However if the governor general and lieutenant governor of said province agree with the decision concerning a particular bill it passes no matter what the other lieutenant governors vote.

thus the system has perfect checks and balances, maintains the tradition and current outlined powers of the different parts of the Canadian political system, makes the country more interactive politically with each other and more accountable to the people it serves and represents. This system is unique and Canadian based ion the system already existing in Canada and utilises the checks and balances originally created to keep the system accountable. The checks and balances are lacking currently as the Governor general does not actively use his powers as he is appointed by the prime minster for ceremonial purposes only. This returns the system to its intention while improving it to reflect the power vested in it as a fully sovereign state with the patriation of the constitution in 1982.
To illustrate this system further it would be like the president of the US having his cabinet made up of elected reps from each state on top of the senators elected to the US senate.However Unlike the present, the Governor general would unify the country politically and effect provincial and federal laws. The governing council dos not make up the cabinet in Canada as the Canadian cabinet would still be formed by the prime minister from members of the house of commons.
As I have already mentioned ridings for an elected senate not restricted to the boarders of provinces adds the element of an elected house that repre4sents Canadians based on regions not restricted to provincial boarders.

More Ulysses in a few minutes.

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