Notes on a crisis: the coalition is not illegitimate, just ill-advised

by Andrew Coyne on Wednesday, December 3, 2008 12:55pm - 62 Comments

To be clear: there is nothing unconstitutional or illegitimate in the notion of a coalition government, per se. Nor would the Governor General be committing any sin against democracy were she to disregard the prime minister’s advice, following his defeat in a confidence vote, and call upon the coalition to form a government, rather than dissolve Parliament and call new elections. Constitutional scholars are virtually unanimous that she has that option, and only slightly less so that she should in fact exercise it.

But it is not a slam dunk. She must take into consideration whether the coalition is likely to last, or whether its in-built volatility is such as to condemn Canada to a prolonged period of instability and uncertainty. But even if she does hand them the keys — and that is much the more probable result: whatever misgivings she might have, she would doubtless feel she lacked the legitimacy to exercise such discretion — that doesn’t make it a good idea.

My beef is not with the notion of a coalition, as such. It is with this coalition, at this time. My criticisms are not that it is undemocratic, but that it is unstable; not that it is illegitimate, but that it is misdirected and unjustified. (The opposition is entitled to vote no confidence in the government for any reason it likes — but I am entitled to say that the reasons it offers are humbug.) The policies it pursues are, in my judgement, likely to prove calamitous for the country, and ruinous for the Liberal party. But if that is what the majority of the House decides, that is how our system works.

Up to a point. The public’s views of the result cannot simply be ignored. It may be that the Conservatives are appealing to popular ignorance of parliamentary government, with their demands for an election before any change of government. But it may also be that there is a broader question of legitimacy at play: past a certain point, if a thing is rejected by the public, it becomes illegitimate. This is such a bizarre situation, such an extreme application of the traditional Parliamentary prerogative to choose a government — defeating a government so soon after an election, and propping up such a rickety contraption in its place, even leaving aside the question of the Bloc’s involvement — that the public’s response may well be, like the child in the New Yorker cartoon, “I say it’s spinach, and I say the hell with it.”

MOREOVER: A number of people have written to ask how I could have a problem with the coalition, given my support for proportional representation, with its tendency to produce coalition governments. But the two are entirely separable questions. First, as I say above, I have particular problems with this coalition, as opposed to coalitions in general. But second, and more fundamentally: the present situation is not a template for what would obtain under PR.

A minority government is a very different thing under first-past-the-post than under PR, and so would be the coalitions that arise. There would be different parties, with different bases — less geographical, more ideological — and different incentives: whereas FPTP, with its highly leveraged outcomes — a 2 per cent swing in the popular vote leading to a 60 seat swing in Parliamentary representation — encourages parties to push the button on an election the minute they think they have the upper hand, under PR there is no such payoff — a 2% swing means 2% more seats — and no such incentive. As a result, modern PR systems tend to be more stable, not less, than FPTP. And the coalitions are typically formed before elections, not after: the National Party and the Liberals in Australia run as a ticket, as do the Christian Democrats and the Christian Social Union (and, more often than not, the Free Democrats) in Germany.

Under PR, there would be fewer Bloc seats, and thus less likelihood that it would hold the balance of power. There would be more parties, and thus more possible coalition partners. And there would be much less incentive to partisan rancor: majority governing coalitions would be formed, not by splitting votes, but by combining them.

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  • http://daveyspolitics.blogspot.com/ Davey’s Politics

    Andrew, what else would you have the Liberals do at this point? If they vote in favour of the economic update on Monday and abandon the coalition, wouldn’t that only serve to embolden Harper to continue to bully and push his agenda through more confidence votes? It’s either an election or an attempt at a coalition, and whether the odds favour it or not, circumstances may help the coalition succeed. I disagree that the Liberals are as powerless as you suggest in your last post. With 75% of cabinet I don’t see why they wouldn’t be in the driver’s seat. None of the opposition parties want an election either (mainly because of funding), so I think the NDP and Bloc are more willing to play along than you think.

  • andrew (not any of them)

    Wells, Wells! Why hast thou abandoned us in our time of need?

  • dave

    In the last election, the combined share of the Liberal, NDP and Green vote was 51% of the electorate.

    In a proportional system, those three parties could then combine to form a majority government. It’s basically the same as the current coalition, minus the Bloc.

    With that in mind, how can you not support this coalition, since it reflects the will of the people more than the Conservatives do?

    If we do get a snap election out of this, it’s likely we’ll see some cooperation between those three parties in order to avoid vote splitting. Using the results of the last election as a template, this would be the result, should the Greens, NDP, and Liberals run a joint candidate in each riding:

    Seats
    bq: 41
    con: 89
    grn: 2
    ind: 2
    lib: 128
    ndp: 46

    The Greens, NDP, and Liberals would easily be able to form a government with 176 seats. Would you support that government?

  • this is madness

    This is entirely illegitimate. Entirely. The opposition made no attempt to resolve this. Not once. No offer. No demands. Nothing. They simply stomped their feet, behaved like children, and declared *he’s a bad man so he has to go*. Nonsense.

    People can tie themselves into knots debating what’s right or wrong about this …legal or illegal, …constitutional or not. People know in their guts that this is wrong, but since we long ago abandoned right or wrong for legal or illegal, we are simply left with power-hungry losers acting like children.

  • Ti-Guy

    Wells, Wells! Why hast thou abandoned us in our time of need?

    Oh, I’m sure he’s around somewhere…under an embargo. This is an event for a political reporter (not pundit) to build a career on.

  • andrew (not any of them)

    @ this is madness: People can tie themselves in knots debating whether this is right or wrong, given. But there is absolutely NO QUESTION that this is constitution and legal.

  • http://myblahg.com Robert McClelland

    Here’s my question to you, Mr. Coyne. Why should we give Harper his 3rd election in 3 years? He howled and whined for one until the opposition parties relented and gave him one in 2006. Two and a half years later he decided he wanted another one and broke his own fixed election date to get it. So why should we give him yet another one when he’ll only howl for still another if it doesn’t return the results he desires?

    Enough is enough. I for one am tired of Harper dragging us to the polls.

  • T. Thwim

    Why should they, this is?
    Gaining the confidence of the house is Harper’s job. Giving it to him is not the opposition’s job.

    He has made clear, time and time again, that he has no interest in having the House’s confidence, merely their subjugation.

    This isn’t just legal, it’s correct. When Canadians voted they voted that *none* of the parties should govern alone. Harper attempted to ignore that, and as such, government will go to the parties that are not attempting to governing alone.

  • Adam

    Everyone has missed the point.

    This is a POLITICAL crisis, not a GOVERNMENTAL crisis. That is to say that Harper made a political error, but he did not govern in appropriately. Exactly the opposite. He proposed some sweeping and harsh (but IMHO resonable) changes to address the financial slow down we are experiencing. When it became clear that the opposition didn’t like that, he listened to them and with drew those changes. That is the right thing to do. The opposition should have been content that the government listened to their concerns.

    Just becuase the constitution allows you to do something, that doesn’t mean that you should do it. All this guarantees (should it go ahead) is that Parliment will accomplish nothing for the next year and a half becuase I’m pretty sure that the conservatives will use all the things that the constitution and the rules of parliment allow them to do and fillibuster committees and votes to a stand still. At that point it would be pure hypocracy for the ursurpers to complain about it.

    Not that I think that would stop them.

  • http://canadianmalcontent.net/ Blair

    MWS said, “Ignatieff a “popular centrist”? Absentrist is more like it. The Liberals made a strategic mistake in not at least trying to include the West in this coalition. Installing Goodale as a caretaker PM would have been an easy way to accomplish this.”

    He’ll have more power as finance minister than as temporary leader, I think.

  • http://canadianmalcontent.net/ Blair

    Er, I was referring to Goodale in my last post. I’d make Iggy the Minister of Being Iggy.

  • http://carnewsandviews.com jwl

    andrew (not any of them)

    I would say it is legal but not necessarily constitutional. A significant factor in how thinks work in Parliament is custom and precedents. I have been wondering why the GG can’t say no to coalition because there is no precedent for this. Everybody has to point to European countries with prop-rep to illustrate stable coalition governments but that doesn’t help us.

    If what the Coalition is doing is ok, why has no other party/parties tried it before anywhere in a country with Westminster style democracy? The Libs/NDP/BQ are going against hundreds of years of history and are trying to justify by saying it isn’t illegal.

  • Sisyphus

    I don’t see how we get past the point that Harper can not govern.

    Like or dislike the Coalition ( I’m ok with it ), the man has clearly earned the active distrust of all the opposition in a MINORITY parliament. And probably a number of his own party. That’s not going away.

    All else is merely rearranging the deck chairs.

    Now, I appreciate that Mr. Coyne can not abide the thought of the NDP as part of any government. That’s fine. But his poltico/economic philosophy is that of a tiny minority in this country. And that’s fine too.

  • http://kitchenersown.blogspot.com/ Lord Kitchener’s Own

    this is madness,

    People can tie themselves into knots debating what’s right or wrong about this …legal or illegal, …constitutional or not.

    Well, people could tie themselves in knots over whether this is legal or constitutional, but given that it is obviously both legal and constitutional, why would they bother?

    Honestly, the ignorance of parliamentary democracy in this country is staggering.

    Andrew makes an entirely legitimate point that he believes this is ill-advised even though it is perfectly legitimate, but given the ignorance of so many people (and, frankly, the outrageous spin and lies being offered by our own government on this issue) we need more posts just talking about the legitimacy and legality of what’s currently going on.

    Anyone who can call this situation “illegitimate”, “illegal”, “unconstitutional” or “undemocratic” is either too ignorant of our system of governance to be allowed to lead, or too outright dishonest to be allowed to lead.

  • Fletch

    Andrew,This is why I find this coalition to be illegitimate: it will be led by a man whose party was so decisively defeated two months ago that he immediately resigned. It will be led by the leader of a party with barely half of the seats of the largest party in the House. It’s accord is replete with policy changes that have been rejected by the electorate in previous elections. It provides a veto to a party without representatives in nine out of ten provinces. It was tacked together in a backroom deal, after the election, whereas during the election both leaders vehemently denied interest in a coalition. And unless the coalition gov’t resigns, it will not seek a mandate from the people for at least 18 months. For these reasons, this particular coalition is wholly divergent from the democratic will of the people and should be opposed.

  • TJ Cook

    jwl (et al): I thought the 80′s coalition in Ontario was a relevant precedent.

    I’m on my blackberry, can’t research the point so I’m willing to concede if there are factors I’m unaware of.

  • this is madness

    Oh that’s right …this entire event is about “the ignorance of parliamentary democracy in this country”. If only we were simply an enlightened electorate then this would be so painless, wouldn’t it?

    My point clearly is that people know this is the wrong course of action, for a variety of reasons. Parliamentarians should just grow up and find a way to make it work.

  • T. Thwim

    They have grown up, and they have found a way to make it work.
    That way doesn’t involved Stephen Harper.

    If he had had the good grace to get out of the way a week ago, this would already be done and we’d be seeing how things work out. Instead, he delayed the non-confidence vote by a week, and now he is apparantly considering advising the GG to ensure that Canada is rudderless for a month or so while the economic crisis burns around us.

  • http://legoonuru.wordpress.com/ legoaddict

    The problem as I see it with PR is that Canada is such a diverse nation. It works great for people in small countries like The Netherlands and many other European states, but it does not jive with the Westminister/Canadian view of a constituency. This is essential in Canada because we tend to vote by region (you can predict that the 416 will go to the Liberals and all of Western Canada will go to the Conservatives). We have such different landscapes and differentiation of opinion by area that the constituency is vital to Parliament’s continued relevancy.

  • Bill Simpson

    “But his poltico/economic philosophy is that of a tiny minority in this country. And that’s fine too.”

    It would not have taken very many more right wing liberals to move to the Tories to have given Harper a majority, so I don’t think is true.

    And I really wish Ti-Guy would give up on the snarky personal remarks about the Macleans staff. Leaves a nasty taste in the mouth every time I read his posts.

  • http://www.sortofpolitical.com Springer

    Again, excellent points made.

    “Legitimacy” and “legality” are not necessarily the same thing.

    Nobody disputes the legality of this action.

    “Legitimacy” applies with regard to arguments/reasons for the action.

    Right now Harper et al have far greater claim to “legitimacy” than could the opposition parties even hope for, not the least of which is that a) we’re only 7 weeks post election, and b) they’ve yet to introduce an actual budget.

    On the other hand, there is not the least hint of “legitimacy” to the argument that this coalition could accomplish one damn thing any sooner, if in fact anywhere near as soon, as can the current government.

    This precisely is where the “legitimacy” of the pretext for this coup goes all to hell in a blink, and thus immediately begs the question, “What is the real reason behind all this?”

    The answers to that are hardly becoming of leaders who claim to have the best interests of a nation in mind, particularly within the context of an economic crisis.

  • Patti

    It may be constitutional but is it right, is it moral?

  • Ti-Guy

    Legitimacy only has value in informing decisions that in events for which no codified course of action exists and is only important to those who will have to take those actions.

    So blither on, Harper lovers, but please stop trying to argue how morally correct you are. You’re wasting your time.

  • Savant

    =====
    Liberal Leader Stephane Dion, who is leader of the coalition, will be given airtime to respond to Harper’s address.

    But New Democrat leader Jack Layton requested in a letter to television networks that all three opposition leaders get time on the microphone, saying the coalition is not yet official and the parties are still “distinct and functionally separate.”

    “We respectfully remind broadcasters that the proposed coalition is just that: a proposal to the Canadian people by two of Canada’s political parties with the backing of a third,” stated the letter from Layton’s office.

    toronto.ctv.ca/servlet/an/local/CTVNews/20081202/crisis_GG_081203/20081203/?hub=TorontoNewHome
    =====

    United my ass…

  • http://kitchenersown.blogspot.com/ Lord Kitchener’s Own

    jwl,

    I would say it is legal but not necessarily constitutional.

    I think I understand the point that you’re making in your comment, but I think you’re misstating things here. There’s a difference between “Will the GG allow the Coalition to form a government without going to the polls first?” and “Is that option ‘constitutional’?”.

    It could be, that after a vote of non-confidence, the GG would agree with Harper’s (presumed) advice that Parliament be dissolved and an election called. It could also be that she decides to allow the Coalition to attempt to demonstrate that they command the confidence of the House, and therefore allow them to govern. The fact that both outcomes are possible is because arguably both could be considered “constitutional”. What the GG would or should do is up for debate, but clearly it’s her decision, and if she were to decide to allow the Coalition a shot at government that would be ENTIRELY constitutionally valid, imho.

    In this sense, to my mind, the question for the GG isn’t “is it constitutionally valid for me to allow the Coalition to form a government without sending the country back to the polls” as this question is pretty well settled. Yes, it is. Now she’ll also struggle with the question “Should I allow this Coalition to form a government without sending the country back to the polls”. There are those that would say she’s obliged to do so whether she feels good about it or not (including me), and there are those who say that it’s entirely her prerogative, and she has options. However, to my understanding, the fact that the GG may decide not to let the Coalition attempt to govern without sending the country back for another election is entirely separate from the question of whether or not it would be constitutionally valid for her to do so. To me there’s no question that it would be.

    I also happen to believe that the GG has very little choice in the matter, and would be all but obliged to allow the Coalition an opportunity to demonstrate that they have the confidence of the House. To me, she doesn’t really have a choice (I’m talking here about after they win a vote of non-confidence). However I agree that this is slightly less clear. The fact that she may choose to go either way however has no bearing, imho, on the constitutionality of either option.

    Was that reasonably clear, or totally obtuse?

    All that said, I also believe that if the PM were to ask for Parliament to be prorogued (as opposed to dissolved) BEFORE actually losing a vote in the House, that she would be pretty much obliged to acquiesce. It’s shady and somewhat disgraceful to be sure, but I do believe the PM has the right to run away and hide form the House. I wouldn’t like it, but I wouldn’t necessarily call it “invalid” or “illegitimate” (and I support the Coalition).

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