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Mallory The Structure of Canadian Government.docx

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Political Science
POLI 221
Rick Schultz

Mallory, J.R., The Structure of Canadian Government, (1984) “The Formal Executive” pp.33-61 Queen and Crown  Queen does not govern, only legal entity that embodies the government  Crown is the institution that encompasses all the powers of the executive government, exercised by ministers or other officials  Queen cannot do wrong: sovereign cannot be made responsible for any act done by her; no one can plead orders of the crow in defense of any act not otherwise justifiable by law. Ministers are responsible for the consequences  Crown Liability Act, 1952: crown can be sued like any other individuals by courts  Powers of the crown: statute and common law  Parliament confers wide power to the Crown to administer law (executive) and make law (legislative) - subject to change or removal.  Prerogative powers: making provisions for the administration of conquered territory  Personal prerogatives: powers to act independent of ministerial advice  Sovereign holds office at the will of, and under the rules of, the supreme constitutional power, Parliament  Act of settlement: conditions to the throne  Letters patent of 1947 conferred on the GG all powers and authority lawfully belonging to us in respect of Canada. Legally, the GG can therefore use all the powers of the queen in Canada. Queen cannot exercise the GG powers  All matters before 1947 were still transferred to the queen  Prime ministership of pierre trudeau: tension between Britain and Ottawa. Trying to enhance the role of GG at the expense of the sovereign  Creation of the Order of Canada instead of knighthood of Britain. Awards given by the GG, but still possible to receive some British awards regarding the services given to the sovereign.  · Sovereign still work on foreign policy questions and appointment of GG. Sovereign receives letters from GG to know about the general affairs in Canada  Private secretary of the Queen deals with bureaucracy and paper works  Sovereign as a symbol of national unity Governor General  Should exercise his office as a constitutional monarch, because the queen could not have any direct connection with the government of Canada  Legal and constitutional position o Constitutionally the GG bears the same relationship with his ministers as the Queen in the UK o Bound to act on the advice of ministers and practically every
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