Session 5 - Part 2, Chapter 6 – The Executive: The Second Branch of Government Flashcards
Understanding Executive Power in Canada (19 cards)
Cabinet
A body of ministers appointed by the prime minister (federally) or premier (provincially) to head government departments and advise the head of government.
Confidence Convention
A fundamental convention of responsible government requiring the government to resign if it loses the support of the majority of the elected members in the legislature.
Crown Immunity
A legal doctrine that historically shielded the Crown from legal proceedings. This doctrine has been significantly limited in modern times.
Convention
Established and traditional practices, not necessarily codified in law, but vital to the functioning of the Canadian system of government.
Dual Executive
A defining feature of responsible government in Canada, characterized by the division of executive authority between the formal head of state (the monarch) and the political head of state (prime minister or premier).
Governor General in Council (Governor in Council)
The official name for the federal Cabinet.
Lieutenant Governor in Council
The official name for a provincial Cabinet.
Executive Branch
The branch of government responsible for administering and implementing laws. In Canada, the executive authority is divided between federal, provincial, and territorial governments.
Lieutenant Governor
The formal head of the provincial executive government, who, by convention, exercises executive power on the advice of the provincial premier and Cabinet.
Governor General
The King’s representative in Canada, formally authorized to exercise the monarch’s powers as head of the executive branch, but who, by convention, acts on the advice of the prime minister and Cabinet.
Privy Council
A formal advisory council to the governor general. The active portion of the Privy Council is the federal Cabinet.
Ministerial Responsibility
The principle that each cabinet minister is accountable to Parliament and the public for their actions and the actions of their ministry.
Royal Prerogative
Historical powers and privileges of the Crown, now exercised by the federal and provincial cabinets, derived from common law and limited by the development of responsible government.
Royal Proclamation
A formal order, based on royal prerogative, announcing some executive action, such as a declaration of war.
What is the “dual executive” in the Canadian system?
Canada’s dual executive comprises the formal head of state, the monarch (represented by the Governor General), and the political head of state, the Prime Minister. While the Constitution vests executive power in the monarch, by convention, this power is exercised by the Prime Minister and Cabinet, who are accountable to the elected legislature.
What are the primary sources of executive power in Canada?
The primary sources of executive power in Canada include constitutional legislation (primarily the Constitution Act, 1867), convention, common law, and statutory rules (federal, provincial, and territorial).
Are there instances where the Governor General or Lieutenant Governors can act independently of the Cabinet’s advice?
While rare, there have been situations where the Governor General or Lieutenant Governors have acted independently, primarily when conventions are disregarded, such as a government refusing to resign after losing a confidence vote. In these cases, they may exercise reserve powers to uphold constitutional principles.
What are the limitations on executive power in Canada?
The Constitution: Sets out the framework for governance and distribution of powers.
The Charter of Rights and Freedoms: Guarantees fundamental rights and freedoms that the government cannot infringe upon.
Judicial Review: Courts can review executive actions and strike down those deemed unlawful or unconstitutional.
Public Opinion: The government is ultimately accountable to the electorate and must consider public opinion when making decisions.
Privy Council
A formal advisory council to the governor general. The active portion of the Privy Council is the federal Cabinet.
