(Download) "Discretion and the Reserve Powers of the Crown (Report)" by Canadian Parliamentary Review # Book PDF Kindle ePub Free
eBook details
- Title: Discretion and the Reserve Powers of the Crown (Report)
- Author : Canadian Parliamentary Review
- Release Date : January 22, 2011
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 261 KB
Description
The decision of Governor General Michaelle Jean to grant prorogation when requested by Prime Minister Harper in 2008 and 2009 led to considerable debate among students of Parliament as to the discretionary power of a governor general to reject advice of a prime minister. This article agrees with those who believe that Mme Jean did not err in acting on those specific requests but rejects the idea that it would violate constitutional convention for a governor general to ever refuse such a request from a prime minister. It further argues that in the Westminster system the monarch or her representative, in exercising any of the Crown's legal powers in relation to Parliament, retains the right to reject a prime minister's advice if following that advice would be highly detrimental to parliamentary democracy. That rationale applies equally to prorogation and to dissolution. **********
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