Sunday, November 1, 2009

Appointing a Prime Minister (Denis Solomon, Oct 2001) 

In this 2001 article Denis Solomon says "There is no provision of the Constitution that clearly empowers the President to decide that a government has lost its majority, even in the event of a legislative defeat. The relevant constitutional provisions are in fact written backwards. Instead of empowering the President to determine whether the Prime Minister still commands majority support, and replace him, it states that 'when there is occasion for the appointment of a prime minister' the President shall appoint the person who has a majority. What such an 'occasion' might be, other than a general election or a no-confidence resolution, is anyone's guess. It is true that the President 'shall act in his own deliberate judgment' in the exercise of his power to appoint the Prime Minister. But this is interpretable as being subordinate to the phrase 'when there is occasion'."

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