The Governor Genera. and the Head of State Functions
The Governor Genera. and the Head of State Functions THOMAS FRANCK* Lincoln, Nebraska In most, though by no means all democratic states,' the "Head o£ State" is a convenient legal and political fiction the purpose of which is to personify the complex political functions of govern- ment. What distinguishes the operations of this fiction in Canada is the fact that the functions of head of state are not discharged by any one person. Some, by legislative enactment, are vested in the Governor General. Others are delegated to the Governor General by the Crown. Still others are exercised by the Queen in person. A survey of these functions will reveal, however, that many more of the duties of the Canadian head of state are to-day dis- charged by the Governor General than are performed by the Queen. Indeed, it will reveal that some of the functions cannot be dis- charged by anyone else. It is essential that we become aware of this development in Canadian constitutional practice and take legal cognizance of the consequently increasing stature and importance of the Queen's representative in Canada. Formal Vesting of Head of State Functions in Constitutional Governments ofthe Commonnealth Reahns In most of the realms of the Commonwealth, the basic constitut- ional documents formally vest executive power in the Queen. Section 9 of the British North America Act, 1867,2 states: "The Executive Government and authority of and over Canada is hereby declared to continue and be vested in the Queen", while section 17 establishes that "There shall be one Parliament for Canada, consist- ing of the Queen, an Upper House, styled the Senate, and the *Thomas Franck, B.A., LL.B.
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