WEEK 5 - The Executive - 2nd Branch of Government

Question 1

What are the executive branch’s key responsibilities?

Answer 1

administer and implements laws by using police forces and their agents to enforce legal rules

Question 2

who elects members of the cabinet?

Answer 2

citizens (universal election)

Question 3

Who and what is the crown?

Answer 3

the formal head of state and chief executive
apart of all branches of government

Question 4

How does the crown “reign” through representatives?

Answer 4

the formalize their decisions
> the governor-general (federal)
> lieutenant governors (provincial)
> the commissioners (territorial)

Question 5

What is a responsible government?

Answer 5

A system of government in which the executive branch members are drawn from the elected members of the legislative branch
They must be accountable
Must explain to citizens how they use money
> answer all parties questions

Question 6

What are the 3 main features of responsible government?

Answer 6

1. dual executive
   > formal head of state - the crown, lieutenant governors
   > political head of state - PM
2. elected office
   > member of political executive must have elected seats in legislature
3. Convention
   > based on traditions and past practice rather than on rules set out in formal legal sources of law

Question 7

What are the sources of executive power?

Answer 7

1. Constitutional legislation
2. Convention
3. Statutory and common laws
   > main source

Question 8

Where in Constitution are executive powers found?

Answer 8

Part III - federal power
Part V - provincial power

Question 9

What is the governor in the council?

Answer 9

the official name for the federal cabinet
> cabinet of ministers (elected by parliament)

Question 10

What are Conventional Practices?

Answer 10

Rules set out in the constitution are modified by agreed-upon customary practice
Not legally binding

Question 11

What are some key conventions?

Answer 11

Prime Minister
> leader of the political party controlling majority
Cabinet
> the members of the privy council, elected by PM
Political and Legislative agenda
Minsters are responsible for the actions of their subordinates

Question 12

What is confidence convention?

Answer 12

requires the government to resign if it loses the support of most of the elected representatives in the house of commons
> applies to all executive members

Question 13

What is ‘Royal Prerogative’

Answer 13

A part of common law - federal and provincial cabinets
The powers and privileges are given by the common law to the crown
Another source of executive power
One of the sources of the crowns executive authority
Political decision

Question 14

What is ‘Royal Proclamation’?

Answer 14

Public announcement of a formal order concerning an executive action based on royal prerogative
Don’t need parliament, just the PM

Question 15

How does Statutory law affect royal prerogative?

Answer 15

they may change or replace them
want to eliminate all elements of absolute monarchy

Question 16

What is crown immunity?

Answer 16

The idea that the crown is protected (cannot be prosecuted)
Applies to federal and provincial
Sometimes seen as apart of the law of the royal prerogative

Question 17

What are the 3 factors to determine if they qualify for crown immunity?

Answer 17

1. the legislation that constitutes them
2. the degree of authority granted by the cabinet
3. the degrees of cabinets control
   > lots of control in cabinet =. crown immunity

Question 18

What are the main forms of crown immunity?

Answer 18

1. crown privilege that is known as public interest immunity
2. presumption against legislation applying the crown
3. crown immunity is civil cases

Question 19

What are some limits of executive influence?

Answer 19

the executive controls the legislature with its majority
> therefore, if the executive loses the majority, the legislature controls the executive

Question 20

What are the 3 main kinds of limits to the executive branch?

Answer 20

1. responsible government
   > may lose the majority by applying the confidence convention
2. separation-of-power limits
   > the separation between the executive and judicial branches is clear
3. civil liberties limits
   > executive has no power to restrict rights and freedoms because it needs legislative authorization, same goes for legislature