British and Canadian Experience with the Royal Prerogative
This article looks at the Royal prerogative to prorogue Parliament. It, first, looks at the British experience and places the personal prerogatives that govern Parliament in their historical context and, within that context, identifies the legislative precedents for Parliament placing limits on these prerogatives. Second, it looks at the Canadian experience, where prime ministers have deviated from their British colleagues in being adversarial with the head of state over the use of these powers. It suggests that the difference in political behaviour is the result of a combination of temporal, cultural and political factors, which have also resulted in the Canadian Parliament being disinclined to legislate remedies in the manner the British Parliament did when these powers were abused by the Crown centuries years ago.
The 40th Parliament of Canada was summoned by Governor General Michaëlle Jean for November 18, 2008. Just two weeks after she opened the first session, facing imminent defeat on a motion of non-confidence, the Prime Minister asked that she prorogue Parliament. This request was granted and defeat on a motion of non-confidence was avoided.
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