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    Erwarten Sie eine gerichtliche Anfechtung, wenn Justin Trudeau das Parlament auf Eis legt


    Erwarten Sie eine gerichtliche Anfechtung, wenn Justin Trudeau das Parlament auf Eis legt

    https://nationalpost.com/news/politics/court-challenge-justin-trudeau-prorogue-parliament

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    6 Comments

    1. ScrawnyCheeath on

      Would certainly be an interesting precedent.

      If he prorogues to resign and give the party time to elect a new leader I think it’d be ruled legal. Otherwise I have no idea what’d happen

    2. AlanYx on

      This is a really fascinating article. I wasn’t aware of the recent U.K. Supreme Court decision on prorogation, but it makes sense that the same reasoning might apply here.

    4. DudeTookMyUser on

      Harper was allowed to prorogue Parliament with a minority government to avoid a non-confidence vote, and so will Trudeau.

      Anyone who thinks that won’t happen is living in a fantasy.

    5. Cogito-ergo-Zach on

      Oddly balanced and well-researched, considering it’s the Nat Post.

      The bit on the precedent set in the UK for limiting prorogation was important to note, as we use foreign precedents quite a bit. Interested to see if/when it comes to this how the courts will rule in our context.

      If we want to get into the weeds a bit on prorogation, we have to parse some verbage and get into the weeds of Westminster-style parliaments. As such, we have those sticky wickets that are unwritten convention. Progrogation of course is done through the GG’s prerogative powers at the advice of the PM *who holds the confidence of the house*. The folks who fit into the camp that advocates for more GG agency could argue through messaging in the public the current PM does not hold confidence of the house. That is more of a de facto argument, as of course de jure no confidence motion has been voted for by the majority of the house…yet.

      Finally, we should look back at PM-instigated prorogations:

      MacDonald during the Pacific Scandal
      Chretien during the Sponsorship Scandal
      Harper to avoid non-confidence and a Lib-NDP coalition gov
      J Trudeau during the We Charity scandal

      …bet you forgot about Trudeau’s prorogation! (I did)

      It is undeniable every time the PMs look to use prorogation they are looking to avoid accountability and/or save their own skin. It is the hope that courts exist in our democracy as a check on executive power, so I am hoping if it does go to court we have some sort of new precedent that perhaps doesn’t fully abolish but prescribes real, tangible limits on this parliamentary quirk.

    6. --prism on

      I think the house rules are supposed to be immutable relative to the political situation of the parties. Parties shouldn’t be able to play procedural games when then have made poor political choices that come home to roost. Trudeau knew this day was coming and chose to remain… Now we could pay the price.

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