[Download] "Confidence: How Much is Enough?" by Constitutional Forum # Book PDF Kindle ePub Free

March 02, 2021

eBook details

Title: Confidence: How Much is Enough?
Author : Constitutional Forum
Release Date : January 22, 2009
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 54 KB

Description

Did Prime Minister Stephen Harper, faced with almost certain defeat in the Commons in December 2008 on a matter of confidence, act unconstitutionally by seeking to prorogue a newly elected parliament that had been sitting for only two weeks? And did Governor General Michaelle Jean violate the principles of responsible government by granting prorogation? These questions have been the subject of intense debate in the Canadian media and may rank with the King-Byng crisis of 1926 in future academic and legal discussion of the constitution. In my opinion, while the prime minister tested the limits of "responsible government," the Governor General respected precedent and acted appropriately and wisely in her decision. Let's begin by winding the clock back to the election of 23 January 2006. Following that vote government in Canada changed hands smoothly, efficiently, and promptly--and in accordance with the time-honoured principles of responsible government, which lie at the heart of our constitution. On the night of the election, Prime Minister Paul Martin made known that he would leave office. Though the Liberals had come second in the party standings, no party had won a majority and Martin could have chosen to test his strength in the new Parliament and see if he could carry on in government. But like Prime Minister Louis St. Laurent, who had found himself in similar circumstances after the election of 1957, Martin chose to resign. His decision removed all doubt about what should happen next constitutionally, and cleared the way for the events that followed. On 6 February 2006 Stephen Harper, whose Conservatives had won the largest number of seats (but not a majority), was sworn in as Canada's twenty-second prime minister, a position he has held ever since (the term of a prime minister does not run from election to election, as is sometimes im plied in the Canadian media, but from the date of swearing in until the date of resignation: i.e., Stephen Harper is still in his original term). No party represented in the Parliament elected in 2006 questioned the legitimacy of the change of government. After a hard electoral battle, Paul Martin exited the office of prime minister gracefully and decisively and in the process made life simple for Governor General Jean, the guardian of the constitutional order, who was new to her office. Her role after the election of 23 January was to accept the resignation of one government and swear in another in circumstances that were unambiguous. Power changed hands in 2006 without a constitutional ripple in Canada, and the Harper government was able to maintain the confidence of the new House of Commons (i.e., win votes on matters of confidence) thereafter.