week 4: The Executive Branch Flashcards
the executive branch
legislative branch
Represents the people and is accountable via elections
Debate public issues and bills
Makes laws (really just passes them)
executive branch
Implements laws (and makes them)
Be non-partisan at the bureaucratic level: faithfully carry out policies regardless of who forms government
checks and balances
Strictly speaking, we don’t have a system of checks and balances, but there are important interdependencies
PM/ Cabinet are drawn from the legislature
PM/ Cabinet must maintain confidence of the House of
Commons (responsible gov)
PM/ Cabinet appoints justices, judges, and Senators
Justices can rule whether laws are constitutional
Provinces keep checks on the PM and can invoke section 33
Supreme court also keeps checks on the PM
fusion of powers (gray area)
But in practice, these checks and balances between branches are much more limited- a fusion of powers
Majority governments ensure the confidence of the House in the PM and Cabinet is automatic
The executive branch dominates and the legislative branch is unable to serve as a constraint on power (in majority governments)
Informal coalitions happen
the crown
The king of Canada = head of state and thus head of the executive branch
King delegates his authority to the governor-general, who resides at Rideau Hall
Governor General: Mary Simon
1952: The crown began to appoint Canadian citizens to the position. Usually is a Canadian. Alternates between anglophone and francophone. NOT officially in the constitution
powers of the crown
Three sources of power for the crown, as exercised by the governor general
Prerogative (or reserve) powers
Constitution Act, 1867
Provides that the monarch will have primitive power in Canada.
The title of commander in chief, the power to of pardon
Letters Patent, 1947
prerogative powers
In theory, the governor-general exercises a considerable amount of power, known as prerogative or reserve powers
Commander in chief of armed forces
Selecting/ dismissing the PM
Frequently meets with the governor general all those convos are strictly confidential
Complete control over the
executive power
Dissolving Parliament and calling elections
Proruging Parliment
Granting royal assent
Prerogative powers can be limited by the constitution and by legislation
Constitution act 1867: codified many powers, like royal assent, appointments, and parliamentary dissolution but subjected them to conditions
The letters patent explicitly transferred powers to the governor-general
Other powers were removed form the crown by cabinet via legislation
The Powers of the Crown in Practice:
However, by convention governor general almost always needs to use powers in a specific way or with the advice of the PM
Appointments, progression and dissolution are always done on the advice of the PM
Leader of the majority party is always selected as PM; or leader of plurality party is given first chance to form government
Royal assent is automatic; dismissal is never used
IMPORTANTTT
King Byng Affair
Liberal gov under Mackenzie King had a minority gov backed by the Progressive party
The election resulted in a PC plurality, but King maintained a narrow minority with the help of Progressives
The scandal rocked the Liberal Party only a few months later and King requested an election; rejected by GG Byng on the ground that PCs should be given an opportunity undemocratic, or the right call.
Prior to the statute of westminster: more power to the colonies
1945: decolonization because they could not afford it after WW2
1960: social reforms… canadian flag changed… repatriation
IMPORTANTTTTTT
2008-2009 Coalition Crisis:
Conservatives won a minority government in the 2008 election
A coalition of liberals and NDP with Bloc support signaled their intent to vote down the government on a motion of non-confidence
Granted progression by GG Michaelle Jean and the coalition collapsed with the delay
What is democratic?
Charles Tupper
Less grey
Tupper’s conservatives lost the 1896 election despite capturing the most votes (48% vs. 41%)
Tupper refused to resign as PM, arguing Laurier wouldn’t be able to successfully form a government
The governor general- the earl of Aberdeen- refused to grant appointments to Tupper forcing his resignation
Role of the Crown:
Pros:
PMs are exceptionally powerful, prerogative powers can act as an emergency brake
Important for office to be completely untethered to partisan conflict
Cons:
Undemocratic to have an unelected Head of State with such power
Causes unnecessary tension ith French Canada
Cabinet:
Cabinet is technically where power resides in Canada’s system of government
There shall be a council to aid and advise to be style the Queen’s Privy Council of Canada
The actions of the crown shall be taken by and with the advice of the Queen’s PCOC
All past and current members of cabinet retain title, but only current ministers have power
Operation of Cabinet
Deputy PM operates as second in command- if one is appointed
Followed by ministers with major portfolios
Sometimes there are junior ministers whose power varies by PM
Ministerial Responsibility
Another mechanism of accountability of the executive to the legislature is through ministerial responsibility
Cabinet ministers must explain and defend the actions of their ministry to the legisltaure and resign in the event of serious controversy
How reasonable is this in the modern era?
