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ЧАСТЬ III.

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Government and Politics.

Canada has strong democratic traditions upheld through a parliamentary system within the construct of constitutional monarchy; the monarchy of Canada is the foundation of the executive, legislative, and judicial branches. The sovereign is Queen Elizabeth II, who also serves as head of state of 15 other Commonwealth countries and each of Canada's ten provinces and resides predominantly in the United Kingdom. The Governor General of Canada carries out most of the federal royal duties in Canada.

The direct participation of the royal and viceroyal figures in areas of governance is limited; in practice, their use of the executive powers is directed by the Cabinet, a committee of ministers of the Crown responsible to the elected House of Commons and chosen and headed by the Prime Minister of Canada, the head of government. To ensure the stability of government, the governor general will usually appoint as prime minister the person who is the current leader of the political party that can obtain the confidence of a plurality in the House of Commons. The Prime Minister's Office is thus one of the most powerful institutions in government, initiating most legislation for parliamentary approval and selecting for appointment by the Crown, besides the aforementioned, the governor general, lieutenant governors, senators, federal court judges, and heads of Crown corporations and government agencies. The leader of the party with the second-most seats usually becomes the Leader of Her Majesty's Loyal Opposition and is part of an adversarial parliamentary system intended to keep the government in check.

The Parliament of Canada, the bicameral national legislature located on Parliament Hill in the national capital of Ottawa, consists of the Queen (represented by the governor general), the appointed Senate (upper house), and the elected House of Commons (lower house). Per democratic tradition, the House of Commons is the dominant branch of Parliament, the Senate and Crown rarely opposing its will.Each of the 308 Members of Parliament in the House of Commons is elected by simple plurality in an electoral district or riding. General elections must be called by the governor general, on the advice of the prime minister, within four years of the previous election, or may be triggered by the government losing a confidence vote in the House. The 105 members of the Senate, whose seats are apportioned on a regional basis, serve until age 75. Five parties had representatives elected to the federal parliament in the 2011 elections: the Conservative Party of Canada (governing party), the New Democratic Party (the Official Opposition), the Liberal Party of Canada, the Bloc Québécois, and the Green Party of Canada.

Canada's federal structure divides government responsibilities between the federal government and the ten provinces. Provincial legislatures are unicameral and have to operate in parliamentary fashion similar to the House of Commons. Canada's three territories also have legislatures, but these are not sovereign and have fewer constitutional responsibilities than the provinces and with some structural differences.

Law.

The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The Constitution Act, 1867 (known as the British North America Act prior to 1982) affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments; the Statute of Westminster 1931 granted full autonomy; and the Constitution Act, 1982, ended all legislative ties to the UK, added a constitutional amending formula, and added the Canadian Charter of Rights and Freedoms, which guarantees basic rights and freedoms that usually cannot be overridden by any government—though a notwithstanding clause allows the federal parliament and provincial legislatures to override certain sections of the Charter for a period of five years.

Canada's judiciary plays an important role in interpreting laws and has the power to strike down laws that violate the Constitution. The Supreme Court of Canada is the highest court and final arbiter and has nine members appointed by the governor general on the advice of the Prime Minister and Minister of Justice. All judges at the superior and appellate levels are to be appointed after consultation with nongovernmental legal bodies. The federal cabinet also appoints justices to superior courts at the provincial and territorial levels.

Common law prevails everywhere except in Quebec, where civil law predominates. Criminal law is solely a federal responsibility and is uniform throughout Canada. Law enforcement, including criminal courts, is a provincial responsibility, but in rural areas of all provinces except Ontario and Quebec, policing is contracted to the federal Royal Canadian Mounted Police.