So I thought, isn't it funny that when it comes to reading the Charter of Rights and Freedoms, the Liberal judges will base its decisions (on human rights, etc) on the liberal reading of the constitution; what really it meant to say, not what it actually says.But, when it comes to the Liberals and their grip on power, they chose to read the law (regarding the legalities of the non-confidence vote) in the strictest sense, the literal interpretation of the law.
TrackBack URL for this entry:
http://www.smalldeadanimals.com/mt/mt-tb.cgi/1909
That misses the point. The letter of the convention also says that when it's unclear whether the government enjoys the confidence of the House, it must immediately put forward a confidence motion, as Pearson did in 1968.
Our constitutional crisis even worse than you think.
Look for Kilgour and Cadman to receive Cabinet posts next.
Posted by: old squid at May 18, 2005 12:44 PMThey'll get them 2 or 3 days after I'm guessing so that the sheeple will forget all about Cadwho and Kilwhat.
Posted by: richfisher at May 18, 2005 1:54 PMyeah in 1926 the motion was far weaker.
"Government ministers had been involved in what was going on at Customs and Excise and had used their influence
Their failure to take prompt and effective remedial action is indefensible
This practice is detrimental to the best interests of the country"
this last one was far more of a condemnation.
Posted by: DrWright at May 18, 2005 2:08 PMTo be fair, it's ironic that certain elements of the right argue in favour of literal constitutional interpretation but liberal political conventional interpretation.
For myself, I take a common-sense approach: a liberal interpretation is often necessary to apply old law to new situations, and the same holds true of conventions.
The fact remains, the Liberals are presently the government only by virtue of interia and political disengagement, not law.
Posted by: matt9 at May 18, 2005 4:53 PMHarper's constitutional and leadership metal will be tested this next week. We have a government that is in non confidence. This was proven in 2 votes last week and demonstrated that the opposition controls house functions now.
We now see that by Harper (trusting) allowing Martin the time to sit illegitimately until some farcical rigged confidence vote on Thursday, and not walking out on government until the GG intervened with an election writ, Martin has bought more votes with the time. He now calims some kind of regained constitutional legitimacy to sit as government.
However, the government is still in constitutional breach by refusing a confidence vote within the specified 2 days...the non conventional act of governing after non confidence was established as a precedent now by Harper's recognition of Martin holing it off for 9 days.
Harper's duty was/is clear: he must pursue Martin as if he rules illegitimately...refuse to recognise the budget vote refuse to cooperate...actually they should not show up for the budget.
Has Harper been made a girly man by the same crass media forces that caused Manning and Day to second guess their ethical stand and cave in? Has the media spin intimidated Harper into going along with this charade of Martin's?
Or will he have the power of his conviction and stay the course in constitutionally deposing an illegitimate government sitting in contept of parliament's non confidence conventions?
Posted by: WL Mackenzie Redux at May 18, 2005 5:07 PM"We have a government that is in non confidence"
Please cite your source. To my knowledge this MAJORITY BACKED government has not lost a vote of confidence.
Posted by: mockpuppet at May 18, 2005 5:25 PMActually minority governments usually fall, when they fall, on budget items. Not other ones.
That is the norm. I know about you neocon tories and "norms". You get them from Richard Perle you know. "People need to learn (from) knew norms!"
Wouldn't it be awful if Richard Perle had ment "knomes" and you all just misunderstood?
Posted by: W at May 18, 2005 8:22 PMPerhaps you naysayers should actually read Cosh's post, and the opinion it is based on, instead of wasting everyone's time, and your precious intellectual resources yacking in my comments section.
Posted by: Kate at May 18, 2005 9:18 PMYou guys are like, in Canada, right?
You don't actually HAVE a Constitution, do you?
Do the British allow that?
Posted by: Partisan Pundit at May 18, 2005 11:15 PMFollowing Constitutional conventions is all based on convenience, isn't it? I guess we can all allow ourselves to break laws now, when it conveniences us.
Posted by: habamusrodentum at May 19, 2005 6:42 PM