Week 2 Readings

Question 1

Dissolution and Prorogation

Answer 1

• Dissolution: Parliament breaks up, gov. ends (no gov.), bills die, election
• Prorogation: Parliament on hold, government still goes, bills freeze, no election

Question 2

Canadian problem has two dimensions:

Answer 2

1. Constitutional problem: the capacity for the PM to abuse constitutional powers for self-serving reasons: summon, prorogue, dissolve House
2. Parliamentary gov. problem: abuse House rules and procedures that’s supposed to keep House efficient (eg. party discipline)

Question 3

King-Byng Affair

Answer 3

• 1925, Liberal PM Mackenzie King feared non-confidence and asked Lord Byng to dissolve Parliament to have an election (and avoid defeat)
• Lord Byng denied King’s request, King resigned, Arthur Meighen led Conservative minority gov with majority support from House (no election)
• Meighen asked for dissolution and got it in 1926, King won the election by campaigning against the governor general

Question 4

Three basic rules in other countries (NZ, Australia, UK):

Answer 4

1. Crown and GG do not politically intervene when they summon, prorogue, dissolve Parliament
2. the House is consulted on which party leader is PM and they form the gov.
3. GG is not dragged into partisan politics or bickering by party leaders or the PM

Question 5

2 developments that has increased the PM’s power over the House:

Answer 5

1. the federal government has expanded its roles in society and the economy
2. media has focused on party leaders

Question 6

British North America Act 1867

Answer 6

• British Parliament created the Dominion of Canada
• BNA Act was a British law applied to Canada
• written constitution to establish federalism
• In addition, there were unwritten conventions from Responsible Government prior to that

Question 7

Responsible Government (RG):

Answer 7

Government controlled by people’s representatives in the legislature not the governor

Question 8

Responsible Government requires 2 organizational functions:

Answer 8

1. determine which member of the legislative assembly would lead gov. and select gov. ministers
2. a majority of legislative members are required to provide confidence to the gov. and support its legislative program

Question 9

Unwritten Conventions concerning Executive

Answer 9

• PM (not the GG) forms gov. and decides who will be gov. ministers (Privy Council)
• only the PM advises GG on how to exercise executive: summon, prorogue, dissolve
• GG always gives royal assent to bills passed by House & Senate

Question 10

Unwritten Conventions requires the PM to…

Answer 10

• have confidence in the House in order to be in power; and
• if PM and gov. loses confidence then the PM has to resign (so a new PM with confidence can form gov.) or dissolve Parliament to begin elections

Question 11

What’s the paradox of the Governor General?

Answer 11

Conventions say that the GG has to do what the PM “advises” but is also supposed to use discretion

Question 12

Why is there a need for reform?

Answer 12

• Only public opinion (and potential election results) constrain the PM
• Whenever the House is prorogued/dissolved it loses the ability to exercise RG: hold gov. to account, determine confidence in gov.
• PM has the final word, PM decides what the constitution means