Chapter 21 - The Executive: Crown, PM
POL214 Week 8;Chap 21 Executive
Chapter 21 - The Executive: Crown, PM The Crown
To classify Canada as a constitutional monarchy means that it is a democracy headed by a king or queen. Canada is said to have “dual executive” - the formal & largely symbolic executive powers are given to the Queen or GG, but the effective executive is made up of the PM and Cabinet. The concept of the Crown revolves around the head of state & can be defined as the collectivity of executive powers exercised by or in the name of the monarch. The Crown is not only the collectivity of executive powers, it also represents the entire state & embodies what belongs to the people collectively – it is a metaphor for the country. This can be seen in Crown corporations (state owned corporations) or Crown lands (state-owned lands). 3 important aspects of Parliament also reflect the existence of the monarchial system: royal assent, the speech from the throne, and Her Majesty’s Loyal Opposition. “Loyal Opposition” demonstrates that criticism of the govt has been legitimized and institutionalized in the name of the Queen. In speaking of the powers of the Crown, it is best to see them as being in the possession of the Queen but exercised by the PM and Cabinet.
The Governor General
The Queen remains the Canadian head of state, but in her absence the governor general may perform any of her functions and exercise any of her powers. The Canadian PM actually chooses the governor general, who serves a term of approx 5 years.
Powers of the Crown
The Queen of Canada and governor general derive their powers, all of which are exercised according to firmly established constitutional conventions, from 3 main sources: 1. The Constitution Act, 1867 2. The Letters Patent and 3. The royal prerogative.
Among the powers explicitly given to the Queen was the one to appoint extra senators. The 1867 act gave the governor general the power to appoint regular senators and judges, to appoint the Speaker of the Senate, to give royal assent to legislation, and to recommend money bills to the House of Commons. In addition, it referred to the governor general’s power to summon and dissolve Parliament. The prerogative powers involve the residual authority of the Crown that remains form the day when the monarch was almost absolute. These are unwritten powers, based on custom and convention, although some of them, such as the right to summon and dissolve Parliament, are mentioned in constitutional documents. Being unwritten, the prerogative powers are vulnerable to parliament restriction.
POL214 Week 8;Chap 21 Executive Despite the impressive theoretical list of powers possessed by the Queen and GG, there is no doubt that in a democratic age almost all of them must be exercised on the advice of the govt - the PM and Cabinet-of the day. The most imp prerogative power of the governor general is the appointment of the PM, but this must be performed on the basis of constitutional convention. Thus if the position should suddenly become vacant, such as through the death of the PM, the Cabinet or govt caucus would name an acting leader pending a leadership convention.
The 2 most controversial acts of Canadian governors general took place in 1896 & 1926, when the governors in question acted on their own initiative in refusing the advice of the PM & Cabinet. The 1st concerned the quesn of making govt appointments. Many appointments are officially authorized by the governor general, even though they are actually decided on by the PM or Cabinet. The 2nd famous case of refusing govt advice, the King-Byng dispute, had to do with the dissolution of Parliament. The governor general normally summons and dissolves Parliament on the advice of the PM, but in 1926 Lord Byng refused Mackenzie King’s request to dissolve Parliament and call on election. In this case, the GG was primarily influenced by the fact that a motion of censure against the govt regarding a scandal in the Customs Department was under debate in the House of Commons. Another potential prerogative power of the GG is to dismiss a govt. Constitutional convention allows a governor to do so if the govt refused to resign after an election defeat or refused to resign or call an election after a clear vote of non-confidence.
Other Functions of the Crown
B/w the drastic intervention of the emergency powers & the glamorous ceremonial activities lies the traditional advisory role of the monarch; the right to be consulted, the right to encourage, and the right to warn the PM in their regular confidential meetings.
Advantages and Disadvantages of Monarchy
Supporters of the monarchy point out that the Crown played a part in allowing French-speaking Canadians to retain rights and privileges after the Conquest, and the monarchy helps to legitimize the pluralism of society by attracting attention to groups and demands that might otherwise be overlooked.
Chapter 21 - The Executive: Crown, PM The Crown
To classify Canada as a constitutional monarchy means that it is a democracy headed by a king or queen. Canada is said to have “dual executive” - the formal & largely symbolic executive powers are given to the Queen or GG, but the effective executive is made up of the PM and Cabinet. The concept of the Crown revolves around the head of state & can be defined as the collectivity of executive powers exercised by or in the name of the monarch. The Crown is not only the collectivity of executive powers, it also represents the entire state & embodies what belongs to the people collectively – it is a metaphor for the country. This can be seen in Crown corporations (state owned corporations) or Crown lands (state-owned lands). 3 important aspects of Parliament also reflect the existence of the monarchial system: royal assent, the speech from the throne, and Her Majesty’s Loyal Opposition. “Loyal Opposition” demonstrates that criticism of the govt has been legitimized and institutionalized in the name of the Queen. In speaking of the powers of the Crown, it is best to see them as being in the possession of the Queen but exercised by the PM and Cabinet.
The Governor General
The Queen remains the Canadian head of state, but in her absence the governor general may perform any of her functions and exercise any of her powers. The Canadian PM actually chooses the governor general, who serves a term of approx 5 years.
Powers of the Crown
The Queen of Canada and governor general derive their powers, all of which are exercised according to firmly established constitutional conventions, from 3 main sources: 1. The Constitution Act, 1867 2. The Letters Patent and 3. The royal prerogative.
Among the powers explicitly given to the Queen was the one to appoint extra senators. The 1867 act gave the governor general the power to appoint regular senators and judges, to appoint the Speaker of the Senate, to give royal assent to legislation, and to recommend money bills to the House of Commons. In addition, it referred to the governor general’s power to summon and dissolve Parliament. The prerogative powers involve the residual authority of the Crown that remains form the day when the monarch was almost absolute. These are unwritten powers, based on custom and convention, although some of them, such as the right to summon and dissolve Parliament, are mentioned in constitutional documents. Being unwritten, the prerogative powers are vulnerable to parliament restriction.
POL214 Week 8;Chap 21 Executive Despite the impressive theoretical list of powers possessed by the Queen and GG, there is no doubt that in a democratic age almost all of them must be exercised on the advice of the govt - the PM and Cabinet-of the day. The most imp prerogative power of the governor general is the appointment of the PM, but this must be performed on the basis of constitutional convention. Thus if the position should suddenly become vacant, such as through the death of the PM, the Cabinet or govt caucus would name an acting leader pending a leadership convention.
The 2 most controversial acts of Canadian governors general took place in 1896 & 1926, when the governors in question acted on their own initiative in refusing the advice of the PM & Cabinet. The 1st concerned the quesn of making govt appointments. Many appointments are officially authorized by the governor general, even though they are actually decided on by the PM or Cabinet. The 2nd famous case of refusing govt advice, the King-Byng dispute, had to do with the dissolution of Parliament. The governor general normally summons and dissolves Parliament on the advice of the PM, but in 1926 Lord Byng refused Mackenzie King’s request to dissolve Parliament and call on election. In this case, the GG was primarily influenced by the fact that a motion of censure against the govt regarding a scandal in the Customs Department was under debate in the House of Commons. Another potential prerogative power of the GG is to dismiss a govt. Constitutional convention allows a governor to do so if the govt refused to resign after an election defeat or refused to resign or call an election after a clear vote of non-confidence.
Other Functions of the Crown
B/w the drastic intervention of the emergency powers & the glamorous ceremonial activities lies the traditional advisory role of the monarch; the right to be consulted, the right to encourage, and the right to warn the PM in their regular confidential meetings.
Advantages and Disadvantages of Monarchy
Supporters of the monarchy point out that the Crown played a part in allowing French-speaking Canadians to retain rights and privileges after the Conquest, and the monarchy helps to legitimize the pluralism of society by attracting attention to groups and demands that might otherwise be overlooked.
