Mallory- The Formal Executive

Mallory- The Formal Executive - Mallory The Formal...

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Mallory- The Formal Executive: From the structure of Canadian Government The article is divided into two parts- The English monarch and the Governor-General Queen and Crown -Queen herself does not govern- The crown is the legal entity which embodies the government. -The crown is the institution which encompasses all of the powers of executive government, whether exercisted by ministers of by other officials. -The powers of the crown comes from two sources : Statute and common law . Monarch is independent from ministerial advice, which are still important reserve powers in the constitution. The significance of this will be considered later in this readings. -Canada is also able if required, to provide machinery for the exercise of the sovereign's functions in relations to Canada in the events that they cannot be discharged in person, as a result of illness, infancy or other causes. -The letters patent of 1947 conferred on the Governor General "All powers and authorities lawfully belong to Us in respect of Canada" Legally, therefore the Governor General can exercise any of the Queen's power in Canada. -he converse is not true, however, the Queen cannot exercise the Governor General's powers because they are conferred on him, and not on the Queen, by the British North America Act. There were two major changes in Queen's position: Changes in place on 1947 but reached late in 1977. 1. Diplomatic appointments - It was agreed that the future Governor General, not the Queen, would appoint and recall ambassadors accredited to foreign states. Governor General would also deal with the acceptance of establishment or severance of diplomatic relations between Canada and foreign states. (It was agreed, however that the Queen should continue to issue letters of Credence to Canadian ambassadors since this was a direct communication between heads of state.) 2. Honours and Awards: Awards were British awards and this lead to creation of awards specifically for Canda Military awards are no problems - except post WWI, too many people had it so bestowing knighthood stopped during 1934-35.
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