this post was submitted on 13 Mar 2025
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While constitutional conventions "are not enforced by the law courts", this pretty much allows any unelected official to hold the role of Prime Minister.

We need to respect the law, including constitutional conventions.

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[–] [email protected] 1 points 22 hours ago* (last edited 17 hours ago)

Ministers do not have to be MPs. I think it is to our benefit as a country to move away from the convention that all ministers are MPs. Maybe. I dunno.

[–] [email protected] 5 points 1 day ago

Are you just learning about our system now?

All of the opposition could also band together to make May the Prime Minister

[–] [email protected] 9 points 1 day ago* (last edited 1 day ago)

It's not a precedent -- this has already happened several times. John Turner was PM in 1984 without having a seat. Mackenzie King won an election and became PM all while not being an MP in 1926. He was even a seat-less PM for a couple of months again in 1945.

Prior to the convention of standing for election soon after becoming PM being a hard-and-fast thing, John A. McDonald was in a similar position at Confederation in 1867, and so were two more 19th-century PMs, Abbott and Bowell.

Given the way that the Conservatives blew several conventions out of the water last time they were in power (proroguing Parliament inappropriately, and refusing to allow a coalition second crack at forming a government after an election) I agree it would be a good idea to make this a law. But ringing an alarm bell over Carney specifically is a bit too much. The Liberals are already talking about which back-bencher will resign and Carney run: somewhere in the West Island of Montreal looks like a likely candidate as they are super-safe Liberal seats.

[–] [email protected] 11 points 1 day ago (1 children)

this is not the first time this has happened. John Turner was also appointed PM (after Pierre Trudeau stepped down) while not being an MP or senator. He also dissolved parliament 9 days after being sworn in, which is what Carney is likely to do too, I believe.

not saying it right or wrong, just that it's happened before.

[–] [email protected] 0 points 1 day ago (2 children)

not saying it right or wrong, just that it’s happened before.

Thanks for this piece of information. It's still a dangerous precedent that is being set.

[–] [email protected] 3 points 22 hours ago

precedent

I mean the earlier example says that this isn't the precedent.

[–] [email protected] 5 points 1 day ago* (last edited 1 day ago) (1 children)

It happened before.

It is actually quite common in the British Westminster tradition we follow.

The earliest being William Pitt the Younger in 1783 who became prime minister at just 24 years old before securing a seat in Parliament. He won a by-election soon after assuming office.

[–] [email protected] 0 points 1 day ago* (last edited 1 day ago) (1 children)

Edit: the commenter changed their comment, so my response might not make sense

I hope you aren't suggesting we should infringe upon constitutional conventions, to limit any particular political party from coming into power...

I don't think that is healthy for the rule of law

[–] [email protected] 2 points 23 hours ago

I merely added an example that showed that convention exists longer than your original post implies.

[–] [email protected] 3 points 1 day ago (1 children)

Better to have no seat than no brain.

[–] [email protected] -5 points 1 day ago* (last edited 1 day ago) (1 children)

I understand you are saying this now, but violating constitutional conventions is dangerous:

  1. We must respect all laws, even unwritten ones, to be unconstitutional is to be uncanadian.
  2. This sets the precedent that, well any unelected person could be put into the PMO, which has more power (comparatively) than an American president.
  3. There's no rules for "brain", so this further sets up the possibility of both no seat and no brain.
[–] [email protected] 1 points 1 day ago (1 children)
  1. Conventions are conveniences. There is no law against a seatless PM. The overriding requirement (again for practical conveniences sake) is that the PM command the confidence of a majority of the house. As it is more damaging to the conduct of business to have a non-functioning Commons than it is to have a non-member PM, the latter is preferable. By convention the PM then seeks election to a seat either by general or by-election.

  2. Not a precedent. This has happened quite a few times before.

[–] [email protected] -1 points 1 day ago
  1. There are so many unwritten constitutional conventions. The UK example, literally doesn't have a written constitution. This point about constitutional conventions being conveniences are ridiculous.
  2. Even if it has happened a few times before, it further stretches the norms of how government operates -- better or for worse. I believe it is worse because it can open up: "no seat and no brain" scenarios.