No Discretion: On Prorogation and the Governor General

Canadian Parliamentary Review 34, No. 1 (Spring 2011): 7-16

10 Pages Posted: 31 Oct 2013

See all articles by Nicholas MacDonald

Nicholas MacDonald

Carleton University

James Bowden

Parks Canada; Carleton University

Date Written: March 20, 2011

Abstract

This paper examines the often-ignored prorogation of 1873, the evolution of the governor general’s reserve power over time, and the fundamental differences between dissolution and prorogation. It concludes that the Macdonald-Dufferin prorogation of 1873 serves as the relevant case for the Harper-Jean prorogation of 2008, rather than the oft-cited King-Byng Affair of 1926, and that the governor general’s reserve power does not apply to prorogation.

Keywords: constitutional convention, prorogation, reserve powers, discretionary authority, Governor General, Prime Minister, Responsible Government

Suggested Citation

MacDonald, Nicholas and Bowden, James, No Discretion: On Prorogation and the Governor General (March 20, 2011). Canadian Parliamentary Review 34, No. 1 (Spring 2011): 7-16, Available at SSRN: https://ssrn.com/abstract=2282759

Nicholas MacDonald

Carleton University

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James Bowden (Contact Author)

Parks Canada ( email )

Ottawa, Ontario K1A 0G5
Canada
819-420-9237 (Phone)

Carleton University ( email )

Ottawa, Ontario
Canada
613-878-8684 (Phone)

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