Chapter 6 - The Executive 2nd Branch Gov.

Question 1

What is the Role of the Executive Branch?

Answer 1

Executive is responsible for administering and implementing our Laws.

There is no clear separation between the first 2 branches of government;

The Executive - Controls the Legislative

Question 2

What are the 3 elements of Responsible Government

Answer 2

1 - Dual Executive (formal head of state-King / Political HOS the PM.

2 - Elected Office - executive must hold seats in legislature

3 - reliance on Convention - agreed-upon customary practice.

Question 3

In Responsible Government - what is mean by the word ‘Responsible”

Answer 3

it means that the Executive must have the confidence of the majority in the house of commons and be elected by the people.

Question 4

Who makes up the Federal Privy Council?

Answer 4

Kings Privy Council is a formal advisory council of the governor general, made up of the Cabinet (elected officials) and some outside advisors (non-elected people).

there are no outsiders in the Provincial Councils.

Question 5

What is Royal Prerogative?

Answer 5

powers and privileges given by the common law to the Crown; a source of limited executive Power.

Question 6

What is Royal Proclamation?

and give an example:

Answer 6

public announcement of a formal order concerning some executive action based on royal prerogative,

such as a declaration of WAR

Question 7

Who appoints the Lieutenant Governors? (in the provinces)

Answer 7

The Governor General appoints them on recommendation from the PM.

Question 8

What are 3 examples of Prerogative Power?

Answer 8

RPM - royal prerogative of mercy (pardons)
Treaties
Declarations of War
Creation of Indian Reserves
Passports

Question 9

What is the source today for most Executive Power?

Answer 9

Statutory Law -

most day to day executive power finds is basis in legislation that confers authority on Cabinets and individual ministers.

Question 10

What are the 3 types of Crown Immunity

Answer 10

1. Crown Privilege - evidence relevant to case is privileged. (national security/defence)
2. Presumption Against Legislation Applying to the Crown
3. Crown Immunity in Civil Cases - in the past it was immune from Tortious liability of others. Not anymore - has been removed.

Question 11

What are 2 limits on Executive Power

Answer 11

1. Jurisdictional Power (provincial vs federal limitatiosn)
2. Separation of Powers - non-interference. Politicians not communicating with judges.