2021 federal election

[ijmorlan]

That law really is pointless (and toothless). It has a massive loophole in that the GG can dissolve the parliament at any time -- and of course the prime minister is able to ask the GG to do that.

Harper's government passed the law in 2006 ... and in 2008 he asked the GG to dissolve the parliament and call an early election.

I don't know whether the loophole was intentional or due to massive incompetence, but I suspect the former.

From what I remember from back then there was a big hew and cry about fixed election dates being "too American", which was why the option to dissolve and call a new election was left in.

I thought it was because Parliament cannot constrain the Crown legally; even though as a practical matter the Crown is obligated to follow the Prime Minister’s advice. So the provision is just clarifying that the law is not purporting to supersede the Crown’s authority.

But surely Parliament can constrain the Prime Minister? And how can it be inappropriate for the Crown to refuse illegal advice? I mean if the Prime Minister “advised” the Crown to declare him dictator for life and abdicate, presumably the Crown would be justified in refusing that advice?

I’d forgotten Harper explicitly called the 2008 election. I thought he had lost a confidence vote. At this point all we need is for somebody to call an early election while they have a majority and the fixed-date law can be considered effectively null and void.