She can say no

Elsewhere on this site you will find commentators shrugging indifferently at, if not actually…

by Andrew Coyne on Friday, August 22, 2008 2:19pm - 0 Comments

Elsewhere on this site you will find commentators shrugging indifferently at, if not actually cheering on the Tories for their casual subversion of their own fixed-election-dates law. As usual, I find myself in the minority. 

As I argue in the column, I think the Governor General would be well within her rights to prefer her First Minister’s initial advice, as duly considered and enacted into law — that Parliament should not be treated as a plaything, that lives or dies at the Prime Minister’s pleasure; that elections should not be rigged to the governing party’s advantage, in timing as in any other respect; that the public should not be deprived of fair and open competition among the various contenders for power —  rather than submit to his later fit of expediency. If the law does not constrain her discretion, it plainly does his, which constraint he now pretends she must ignore. To collaborate in this would make nonsense of legislation she herself has signed, and as such would bring the Royal Prerogative into disrepute.

That’s assuming any of this means anything — that this is not just another Tory bluff. Since they are so at pains to convince everyone that they mean it this time, I can only assume that they don’t.

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  • Brett

    This is an interesting discussion, but I wonder if we would even be having it, if the roles were reversed. If this were a Liberal government, there is no doubt in my mind that the media pundits would give a Liberal PM a pass on this despite what the legislation says. The PM’s explanation that this only applies to majority governments and that this parliament is dysfunctional (which it is) would be accepted and we would be headed to the polls.

    My take on this is despite all the noise and handwringing over whether the PM is breaking his own law, people will soon forget about it. The media can rail all they want, but at the end of the day the majority of people don’t care.

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  • Steph C

    As many court judges have said, the absence of a precedent does not preclude the establishment of one in the future.

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