GG's Responsibilities are GREATER than Queen's in UK
Fri, Dec 5, 2008 at 10:52 AM
To: Parab@theherald.canwest.com
Paula,
You did a quite terrific job with "Should this even be the governor general's job?
But you and every other pundit, constitutional expert, law professor and reporter missed the nub. -- The GG has a bigger job in Canada than the Queen has in the UK. A different Job & a Bigger role esp vis a vis the Cdn Prime Minister.
The BNA/Constitution says so, We're just have not been following the as-written text of the BNA/Constitution (since 1940)
Long ago the Monarch became "in Council" S/He became obliged to always take the Minister's advice (provided always too, that if the Advice was 'bad' and policy had to be reversed, the Minister/Ministry would resign --this is true "Ministerial Responsibility", not the pap put out by the Cdn "in Council" community)
The Monarch in UK is limited to "be Informed/ Encourage/ Warn" - while in Canada (remember the colonial origins) the GovGen rules the roost, oversees the whole show, approves everything, is the fully authorized agent of/for/by the Monarch-in-Council .... subject to the Disallowance power of the very same Monarch-in-Council). In my view All Canadians should have an understanding of ss.55-57 +s.90 or be prohibited from voting.
Also, in the UK every decision is "in Council" (with the Advice and Consent of the Queens Privy Council), while in Canada BNA s13 specifies that only when the term "GG in Council" is expressly mentioned (there are ?4-6? specific instances ... do a "find on this page" search and you can isolate them) is the GG bound to accept the Advise & Consent of the Canadian Privy Council.
I glossed over s.90, but this is an important one - to Disallow a provincial Bill the GG IS in Council -- thus entrenching that the "Confederal Crown" is superior to the Provincial Crowns because the former can disallow any Bill irrespective of the content or topic within the distribution of Legislative Powers (pls remember there never was ANY distribution of Executive Powers, the LtGov's are all Confederal Appointments)
If this tweaks your curiosity pls consult my Plain Language Version of the Cdn Constitution (with proofs, links, commentary and with hope a little perceived humour)
rce
If you're still interested, this entry has some further points & an imperfect, on the topic, 1 min video within it - Elect the next Governor General, video done by the London Free Press during the 2006 By Election
To: Parab@theherald.canwest.com
Paula,
You did a quite terrific job with "Should this even be the governor general's job?
But you and every other pundit, constitutional expert, law professor and reporter missed the nub. -- The GG has a bigger job in Canada than the Queen has in the UK. A different Job & a Bigger role esp vis a vis the Cdn Prime Minister.
The BNA/Constitution says so, We're just have not been following the as-written text of the BNA/Constitution (since 1940)
Long ago the Monarch became "in Council" S/He became obliged to always take the Minister's advice (provided always too, that if the Advice was 'bad' and policy had to be reversed, the Minister/Ministry would resign --this is true "Ministerial Responsibility", not the pap put out by the Cdn "in Council" community)
The Monarch in UK is limited to "be Informed/ Encourage/ Warn" - while in Canada (remember the colonial origins) the GovGen rules the roost, oversees the whole show, approves everything, is the fully authorized agent of/for/by the Monarch-in-Council .... subject to the Disallowance power of the very same Monarch-in-Council). In my view All Canadians should have an understanding of ss.55-57 +s.90 or be prohibited from voting.
Also, in the UK every decision is "in Council" (with the Advice and Consent of the Queens Privy Council), while in Canada BNA s13 specifies that only when the term "GG in Council" is expressly mentioned (there are ?4-6? specific instances ... do a "find on this page" search and you can isolate them) is the GG bound to accept the Advise & Consent of the Canadian Privy Council.
I glossed over s.90, but this is an important one - to Disallow a provincial Bill the GG IS in Council -- thus entrenching that the "Confederal Crown" is superior to the Provincial Crowns because the former can disallow any Bill irrespective of the content or topic within the distribution of Legislative Powers (pls remember there never was ANY distribution of Executive Powers, the LtGov's are all Confederal Appointments)
If this tweaks your curiosity pls consult my Plain Language Version of the Cdn Constitution (with proofs, links, commentary and with hope a little perceived humour)
rce
If you're still interested, this entry has some further points & an imperfect, on the topic, 1 min video within it - Elect the next Governor General, video done by the London Free Press during the 2006 By Election
posted by Walk a Kb or Two in my cassins | 3:59 pm
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