[can.politics] Divine Right of Kings

robertj@garfield.UUCP (Robert Janes) (04/26/85)

In follow up to Donald Actons comments on Divine Right of Kings


	Donald Acton makes several interesting comments about M. Trudeau
exercising the Divine Right of Kings in his actions as Prime Minister.
While I am not quite in agreement with Mr.Acton as seeing this as a flaw
of M. Trudeau I do feel that it us a flaw of our Parliament as we have
created it. The parliament we have today is supposedly descended from 
that of Great Britian. The Parliament of Great Britian and Canada ( as
we well know ) is made up of three co-equal units: The two Houses of
Parliament (yes they really are equal in power) and the Reigning
Monarch. The first two bodies evolved as the Crown found it increasingly
difficult to force its will upon unwilling barons and bishops and later
when these two bodies found it difficult to enforce their will upon the
growing middle class, merchants and guildsmen. Meanwhile, parallel to
the growth of the Parliament which held supreme law making power grew
the executive embodied in the Privy Council and much later in the Cabinet
and the Prime Ministers.

	The important point about this whole dissertation is that the two
(the executive and the Parliament) historically were two distinct bodies
often in conflict with each other. It wasn't until the mid 1700's that it
became firmly established that the head of the executive should also be
members of Parliament, later it also became practice that this person 
should always lead the largest faction in the House of Commons. It  wasn't
until the 1920's that it was firmly established that the PM should be a
member of the Commons and not the Lords or the Senate. The effects of
this in Canada were taken to their logical extreme. Canada traditionally
has elected majority governments and the Canadaian people have also seemed 
preffered to elect members who wil follow their party leadership come
hell or high water. This has had two major results:

	1) It has (as Trudeau said) reduced MPs to nobodies. Essentially
	   all they are is Cabinet material at best, voting machines at 
	   worst. Members who run against this can expect to suffer, for
	   example see Yurko for the PC's and W. Allmand for the Liberals.

	2) If we consider the PM as the true succesor to the Plantagenant,
	   Tudor and Stuart Kings (which he is) we can see that the 700
	   year old battle between the Crown and the Houses of Parliament
	   has been decisively settled, in favour of the Crown.

	Thus to my mind we have managed to get the worst of both the 
American and British systems of government. Here in Canada we have an
extremely strong and centralized executive which rules by Order in Council
(fancy phrase for "by decree.." ) much the same as in the U.S. yet without
the countervailing power of an independent Congress as exists in the U.S.
(this is not an endorsement of the U.S. system). We also get the problems
of the Rights of the Crown from Great Britian without having the
intelligent and free thinking members which are often attracted to the 
British Commons. Who wants to be an MP for long when all they're really
expected to do is vote the way the Party Whip tells them to. Further-
more there is no way for us to hold an individual member responsible
for his actions without also punishing the party or vice-versa.

	Thus Trudeau in a sense did rule by divine right of Kings
20th century style that is. There is nothing in our system of government
which forces the Cabinent to be responsive to Parliament nor to the
thoughts of individual MP's, indeed the system works almost in the
opposite fashion forcing members to parrot the party line, reducing
the role of Opposition to calling down government policy rather than
playing a positive role. This is most obviously manifested in the way
the House of Commons now works. It becomes packed at the opening of 
each sitting when Question Period occurs and the chance for high 
profile embarrassement for the government or opposition is maximal
and empties for the debates when members present their ideas (or
lack thereof). Who really cares when it's all just a game since everyone
knows how the vote is going to go anyways. The PM ( KING ) has 
decided it all.....

	There are solutions (partial mind you ) but I'll express my
views on possible solutions later.......

						Robert Janes
						Memorial University