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Canada

The constitution formally vests executive authority in the monarch.[1] However, by convention, the monarch and her appointed representative, the Governor General, act in a predominantly ceremonial and apolitical role,[2] deferring the exercise of executive power to the Cabinet,[3] which is made up of ministers generally accountable to the elected House of Commons, and headed by the Prime Minister, who is normally the leader of the party that holds the confidence of the House of Commons. The Cabinet can therefore be said to be the "active seat" of executive power,[4][1] and the Prime Minister to be the effective head of the executive.[5] This arrangement, which stems from the principals of responsible government,[6][3] ensures the stability of government and makes the Prime Minister's Office one of the most powerful organs of the system, tasked with selecting for appointment the other Cabinet members, senators, federal court judges, and other officials, including the federal and provincial viceroys.[7] However, the sovereign and Governor General do retain their right to use the reserve powers in exceptional constitutional crisis situations.[8]

References

  1. ^ a b "Canada's System of Justice: The Canadian Constitution". Department of Justice Canada. The executive power in Canada is vested in the Queen. In our democratic society, this is only a constitutional convention, as the real executive power rests with the Cabinet.
    "Constitution Act 1867; III.9". Queen's Printer for Canada. The Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen.
    "By Executive Decree: The Governor General". Library and Archives Canada. The governor general holds formal executive power within the Queen's Privy Council for Canada, and signs orders-in-council.
  2. ^ Ray T. Donahue. "Diplomatic Discourse: International Conflict at the United Nations". Greenwood Publishing Group. As Head of State ... Elizabeth II has no political power, only symbolic power
    David Stewart. "Introduction: Principles of the Westminster Model of Parliamentary Democracy". Module on Parliamentary Democracy. Commonwealth Parliamentary Association, Athabasca University. the Crown now serves as the ceremonial executive
    "By Executive Decree:". Library and Archives Canada. As Canada is a constitutional monarchy, the symbolic head of the executive is the governor general.
  3. ^ a b "Responsible Government: Clarifying Essentials, Dispelling Myths and Exploring Change". Canada School of Public Service. Under the constitutional convention of responsible government, the powers of the Crown are exercised by ministers, both individually and collectively.
  4. ^ "By Executive Decree: The Cabinet". Library and Archives Canada. The Cabinet as selected and directed by the prime minister constitutes the active seat of executive power in Canada.
    Joseph Magnet. "Separation of Powers in Canada". Constitutional Law of Canada. University of Ottawa Faculty of Law. ... democratic principles dictate that the bulk of the Governor General's powers be exercised in accordance with the wishes of the leadership of that government, namely the Cabinet. So the true executive power lies in the Cabinet.
    "By Executive Decree: The Cabinet". Library and Archives Canada. The Cabinet as selected and directed by the prime minister constitutes the active seat of executive power in Canada.
  5. ^ W.A. Matheson. "Prime Minister". The Canadian Encyclopedia. The prime minister is the chief minister and effective head of the executive in a parliamentary system ...
    "The Prime Minister". By Executive Decree. National Archives of Canada. While the modern governor general has only a nominal influence on the operation of the Canadian government, the prime minister's influence is decisive.
  6. ^ "Canadian Cofederation: Responsible Government". Library and Archives Canada. The Executive Council would be governed by the leader of the political party that held an elected majority in the Legislative Assembly. That same leader would also appoint the members of the Executive Council. The governor would therefore be forced to accept these "ministers", and if the majority of the members of the Legislative Assembly voted against them, they would have to resign. The governor would also be obliged to ratify laws concerning the internal affairs of the colony once these laws had been passed to the Legislative Assembly.
    "The Canadian Encyclopedia: Responsible Government". Historica Foundation of Canada. This key principle of responsibility, whereby a government needed the confidence of Parliament, originated in established British practice. But its transfer to British N America gave the colonists control of their domestic affairs, since a governor would simply follow the advice (ie, policies) of responsible colonial ministers.
    "Responsible Government and Checks and Balances: The Crown". Responsible government means that the Crown no longer has the prerogative to select or remove Ministers. They are selected and removed by the first Minister — the Prime Minister.
  7. ^ "Responsible Government and Checks and Balances: The Crown". Responsible Government: Clarifying Essentials, Dispelling Myths and Exploring Change. Canada School of Public Service. Ministers are thereby accountable to the Prime Minister who, in the Canadian tradition, has the sole power to appoint and dismiss them.
  8. ^ Forsey, Eugene. "How Canadians Govern Themselves: Parliamentary Government (pg. 2)". Queen's Printer for Canada. In very exceptional circumstances, the Governor General could refuse a request for a fresh election.
    Forsey, Eugene. "How Canadians Govern Themselves: The Institutions of Our Federal Government (pg. 2)". Queen's Printer for Canada. But they almost invariably must act on their Ministers' advice, though there may be very rare occasions when they must, or may, act without advice or even against the advice of the Ministers in office.
    Forsey, Eugene. "How Canadians Govern Themselves: Canadian and American Government (pg. 2)". Queen's Printer for Canada. Yes: in Canada, the head of state can, in exceptional circumstances, protect Parliament and the people against a Prime Minister and Ministers who may forget that "minister" means "servant," and may try to make themselves masters. For example, the head of state could refuse to let a Cabinet dissolve a newly elected House of Commons before it could even meet, or could refuse to let Ministers bludgeon the people into submission by a continuous series of general elections.
    Zolf, Larry (June 28, 2002). "CBC News: Boxing in a Prime Minister". CBC News. The Governor General must take all steps necessary to thwart the will of a ruthless prime minister prematurely calling for the death of a Parliament.
    "By Executive Decree: The Governor General". Library and Archives Canada. In exceptional circumstances, the governor general may appoint or dismiss a prime minister.
    "Governor General of Canada: Role and Responsibilities of the Governor General". Office of the Governor General of Canada. One of the governor general's most important responsibilities is to ensure that Canada always has a prime minister and a government in place. In the case of the death of a prime minister, it is the governor general's responsibility to ensure the continuity of government.

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