The LG exercises the prerogative powers of the Crown, and by convention, the Premier can exercise certain prerogatives of the LG.18 But it is the Crown’s prerogative, not the Premier’s. [...] Advice that rises above a mere “non-binding recommendation”, and which is closely tied to the ultimate decision, is subject to judicial review under the JRPA.32 As the Respondents themselves acknowledge, the LG’s power to dissolve the Legislature is exercised only on the advice of the Premier.33 This advice is not merely a “non-binding recommendation”: the Premier’s advice is necessary for the LG’. [...] 41, the “office” of the LG includes the prerogative power to dissolve the Legislature, and (ii) the amendment to s. [...] Contrary to the Respondents’ assertion, the Privy Council did not decide whether the “core power” of the office of the LG included the right to dissolve the Legislature.45 Rather, the Privy Council found the statute purported to alter the “position” (not the “office”) of the LG by creating a legislative process in which they played no part. [...] K.), Chapter 11 Amendment by Unanimous Consent 41 An amendment to the Constitution of Canada in relation to the following matters may be made by proclamation issued by the Governor General under the Great Seal of Canada only where authorized by resolutions of the Senate and House of Commons and of the legislative assembly of each province: (a) the office of the Queen, the Governor General and the.
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- 18
- Published in
- Canada
