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== 使用法 ==
[[カナダ英語]]では、''[[政府]]''という言葉は、国を統治する機関全体のこと(アメリカでの使用法と同じ;イギリス人が[[国家]]{{enlink|state}}とする)と、現在の政治的なリーダーシップ(イギリスの使用法と同じ、アメリカ人が[[政権]]{{enlink|administration}}とする)の2通りに使用される。例えば、カナダ人は''government employee''と言うが、''state employee''と言うことは無い。また、''{{enlink|28th Canadian Ministry|Harper government|p=off|s=off}}''を支持したり批非難したりするが、''Harper administration''とは言わない。
カナダは[[連邦]]なので、政府と呼ぶと[[連邦]]、[[州]]{{enlink|provincial}}、[[自治体]]{{enlink|Municipality}}のどれを指すとも限らない。「原住民は、ヨーロッパ人が来る前に法治機構を持っていた」ので<ref>''Campbell v. British Columbia'', (2000), 189 D.L.R. (4th) 333, (B.C.S.C.), per Williamson, J. at p. 355.</ref>、原住民の政府を指すこともありえる。この記事では、''政府''は、カナダ連邦国家の構造を示すものとする。
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==Executive power==
===Sovereign===
{{翻訳中途|[[:en:Government of Canada]] 19:39, 11 September 2008|date=2008年9月}}
[[Image:Queen of canada wob.jpg|thumb|left|200px|[[Elizabeth II of the United Kingdom|Elizabeth II]], Queen of Canada, wearing the [[Monarch|Sovereign]]'s insignia of the [[Order of Canada]] and the [[Order of Military Merit (Canada)|Order of Military Merit]]]]
{{main|Monarchy of Canada}}
[[Elizabeth II of the United Kingdom|Elizabeth II]], [[Monarchy of Canada|Queen of Canada]], is the [[Sovereignty|sovereign]] and [[head of state]] of Canada, and gives repository of [[executive power]], [[judiciary|judicial]] and [[legislature|legislative]] power; as expressed in [[Constitution of Canada|the constitution]]: "the Executive Government and Authority of and over Canada is hereby declared to continue and be vested in the Queen." However, sovereignty in Canada has never rested solely with the monarch due to the [[Bill of Rights 1689|English Bill of Rights of 1689]], later inherited by Canada, which established the principle of [[Parliamentary sovereignty]] in the [[United Kingdom]]. Nonetheless, the monarch is still the sovereign of Canada.
In [[Canadian federalism|Canada's federal system]], the [[Head of state|headship of state]] is not a part of either the federal or provincial jurisdictions; the Queen reigns impartially over the country as a whole; meaning the [[sovereignty]] of each jurisdiction is passed on not by the Governor General or the [[Parliament of Canada|Canadian parliament]], but through the Crown itself. Thus, the Crown is "divided" into eleven legal jurisdictions, eleven "crowns" – one federal and ten provincial.<ref>[http://www.monarchist.ca/cmnews/CMN_winter_spring_2003_Update-3.pdf Jackson, Michael; ''Canadian Monarchist News'': Golden Jubilee and Provincial Crown; Spring, 2003]</ref> The [[:Category:Fathers of Confederation|Fathers of Confederation]] viewed this system of constitutional monarchy as a bulwark against any potential fracturing of the [[Canadian confederation|Canadian federation]].<ref>Smith, David E.; The Invisible Crown; University of Toronto Press; 1995; p. 26</ref>
{{See|Monarchy in the Canadian provinces}}
In practice, the sovereign rarely personally exercises her executive, judicial or legislative powers; since the monarch does not normally reside in Canada, she appoints a [[Governor General of Canada|governor general]] to represent her and exercise most of her powers. The person who fills this role is selected on the advice of the prime minister. "Advice" in this sense is a choice generally without options since it would be highly unconventional for the prime minister's advice to be overlooked; a convention that protects the monarchy. As long as the monarch is following the advice of her ministers, she is not held personally responsible for the decisions of the government. The governor general has no [[term limit]], and is said to serve "[[At Her Majesty's Pleasure|at Her Majesty's pleasure]]"; however, the practice is for the governor general to be replaced after about five years in office.
Just as the sovereign's choice of governor general is on the prime minister's advice, the vice-regal figure exercises the executive powers of state on the advice of the [[Minister of the Crown|ministers of the Crown]] who make up the [[Cabinet of Canada|Cabinet]]. The term "[[the Crown]]" is used to represent the power of the monarch.
Though the sovereign or viceroy rarely intervene directly in political affairs, the real powers of the position of the monarch in the [[Constitution of Canada|Canadian Constitution]] should not be downplayed. The monarch does retain all power, but it must be used with discretion, lest its use cause a [[constitutional crisis]]. Placement of power in the sovereign's hands provides a final check on executive power. If, for instance, she believed a proposed law threatened the freedom or security of her [[Canadian nationality law|citizens]], the Queen could decline [[Royal Assent]]. Furthermore, armed removal of her by parliament or government would be difficult, as the monarch remains [[Commander-in-Chief of the Canadian Forces|Commander-in-Chief]] of the armed forces,<ref>[http://www.solon.org/Constitutions/Canada/English/ca_1867.html Constitution Act, 1867]</ref> who swear an [[Oath of Allegiance (Canada)|oath of allegiance]] to her.
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===内閣===
[[Image:Government of Canada signature.svg|right|250px |thumb|カナダ政府のロゴ]] ▼{{翻訳中途|[[:en:Government of Canada]] 19:39, 11 September 2008|date=2008年9月}}
▲[[Image:Government of Canada signature.svg|right|250px]]
[[カナダ首相]]が[[政府首脳]]である。首相は[[カナダ総督]]に任命される。ただし、安定した政府のcontinuityを確保するため、その人物は[[庶民院 (カナダ)|庶民院]]の信任を受けなくてはならない。
実際には、首相の座は[[下院]]で最多の議席数を確保した政党のリーダーに渡る。カナダの歴史上、過去何度かどの政党も過半数を得られず、ある党(通常最大政党)が[[少数与党政府]]{{enlink|minority government}}を形成した。2008年から、カナダは少数与党政府で運営されている。
首相は、辞任するか、総督に罷免されるまで、内閣を持つことが出来る。
The prime minister holds office until he resigns or is removed by the governor general; therefore, the party that was in government before the election may attempt to continue to govern if it so desires, even if it holds fewer seats than another party. [[Coalition government]]s are rare at the federal level: since Sir [[John A. Macdonald]]'s [[Liberal-Conservative]] governments in the mid 1800s, Canada has had only one other coalition government, the [[Union Government]] of Sir [[Robert Borden]] during [[World War I]].
[[Political party|Political parties]] are not mentioned in the constitution. By the convention of [[responsible government]], the prime minister and most of his cabinet are [[Member of Parliament|members of Parliament]] so they can answer to Parliament for their actions. But any Canadian adult is constitutionally eligible for the position, and prime ministers have held office after being elected leader but before taking a seat in the Commons ([[John Turner]], for example), or after being defeated in their [[constituency|constituencies]]. The Prime Minister selects the other ministers of the Crown to head the various government departments and form the [[Cabinet of Canada|Cabinet]]; these individuals are appointed by the governor general and remain in office at the pleasure of the viceroy.
If the Commons passes a [[motion of no confidence]] in the government, the prime minister and the rest of Cabinet are expected either to resign their offices or to ask for [[Dissolution of parliament|a dissolution of Parliament]] so that a [[general election]] can be held. To avoid a no-confidence motion from passing, parties enforce strong [[party discipline]], in which members of a party – especially from the [[ruling party]] – are strongly urged to vote the "[[party line (politics)|party line]]" (see [[Chief Government Whip (Canada)]]) or face consequences. While a member of a governing party is free to vote his conscience, he is constrained by the fact that voting against the party line (especially in confidence votes) might prevent advancement within the party or lead to expulsion from the party. Expulsion leads to loss of election funding and the former party backing an alternative candidate. While the government likes to keep control of the agenda, by convention a government can only fall if a [[money bill]] (financial or budget) is defeated. However, if a government finds that it can not pass any legislation, it is common (but not required) for a vote of confidence to be held. In addition, the prime minister may declare a given bill to be a matter of confidence.
When there are enough seats for another party to form a government after the resignation of a prime minister, the governor general may ask the other party to try to form the government. This became clear after the [[King-Byng Affair]] in 1926. In practice, it is unlikely that a new alliance could be formed that would have the confidence of Parliament.
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==Legislative power==
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[[Parliament of Canada|Canada's Parliament]] consists of the Monarch and a [[bicameral]] [[legislature]]: an elected [[Canadian House of Commons|House of Commons]] and an appointed [[Canadian Senate|Senate]]. In practice, legislative power rests with the party that has the majority of seats in the House of Commons, which is elected from 308 constituencies (also called ridings or [[electoral district (Canada)|electoral districts]]) for a period not to exceed five years. Canada's highly disciplined political parties and [[First Past the Post electoral system|first-past-the-post electoral system]] have, since the 1970s, usually given one political party control of the Commons. The five-year period has only been extended once: in 1916. The prime minister may ask the governor general to dissolve Parliament and call new elections at virtually any time. That request was refused only once, during the minority government of 1926. By custom, prime ministers usually call new elections after four years in power.
The Senate is not without power. Because the governing party generally nominates its supporters as senators, the Senate's influence is usually the greatest when a new party comes to power after another party has been in power a long time. The Constitution contains a special provision that allows the prime minister to counteract that situation by recommending the appointment of an additional eight senators.
==Judiciary==
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{{Main|Court system of Canada}}
[[Criminal law]], most of which is contained in the federal [[Criminal Code of Canada|Criminal Code]] (R.S.C. 1985, Chapter C-46), is uniform throughout the nation, and is under [[federal jurisdiction]]. [[Civil law]] is based on the [[common law]] of [[England]], except in [[Quebec]], to which Britain granted the right in 1774 to retain the French [[civil code]]. While legislation regarding non-criminal matters is generally different from province to province, some non-criminal legislation, such as the federal Divorce Act (R.S.C. 1985, Chapter 3 (2nd Supp.)), is applicable throughout the nation. Justice is administered by federal, provincial, and municipal courts.
The [[Supreme Court of Canada]] is the [[court of last resort]]. The Supreme Court has nine justices, who are appointed by the [[Governor General of Canada|governor general]] and led by the [[Chief Justice of Canada]]. This court hears appeals from decisions rendered by the various appellate courts from the provinces and territories. Trial courts from common law provinces are required to follow previous decisions from both the Supreme Court of Canada and the appellate court of its respective province or territory. In contrast, a Quebec trial-level court may treat judgments from higher courts to be persuasive but not binding. See [[Courts of Canada]].
==Federalism==
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{{see|Canadian federalism}}
Residual power — that is, all powers not specified in the Constitution — resides with the federal government. The [[original intent]] of this provision was to avoid the [[sectionalism]] which had resulted in the [[American Civil War]]; however, the [[Judicial Committee of the Privy Council]] ruled in 1895 that the federal government could exercise its residual power only in wartime. As a result, responsibilities for new functions of government such as labour law or social welfare had to be accommodated under powers specified in the [[British North America Act]]. Many ended up being assigned to the [[provinces and territories of Canada|provinces]], so that today Canada is a highly [[decentralize]]d [[federation]]. Further decentralization of functions has been implemented to accommodate [[Quebec]]. All provinces however have the right to assume the powers now exercised only by Quebec.
Each province has a [[Lieutenant-Governor (Canada)|lieutenant-governor]] to represent the [[Monarchy of Canada|Canadian sovereign]], a [[Premier (Canada)|premier]] and [[cabinet]] to advise the [[viceroy]], and a ([[unicameral]]) legislature. Provincial governments operate under a [[parliamentary system]] similar in nature to that of the federal government, with the premier chosen in the same manner as the prime minister. Lieutenant governors are appointed by the governor general on the advice of the prime minister.
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==出典==
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