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Ministerial by-election

January 29, 2023

A ministerial by-election is a by-election to fill a vacancy triggered by the appointment of the sitting member of parliament (MP) as a minister in the cabinet. The requirement for new ministers to stand for re-election was introduced in the House of Commons of Great Britain in 1707 and also featured in Westminster system parliaments modelled on it. In latter times, the by-election was usually a formality, uncontested by the opposition. In the United Kingdom, ministerial by-elections were abolished as an anachronism in 1926. The Irish Free State,[1] Union of South Africa,[2] and Dominion of New Zealand never had them.[2]

In dualistic parliamentary systems, like those in the Netherlands, Slovakia and Sweden, ministers cannot be sitting MPs at the same time. Therefore, the appointment of a sitting MP as a minister triggers a vacancy in Parliament. If the normal rule for filling vacancies is holding a by-election (rather than a substitute automatically filling the vacancy, for example), a dualistic parliamentary system would thus have ministerial by-elections too.

Westminster

Main article: List of ministerial by-elections to the British parliament

Ministerial by-elections were a feature of the House of Commons of Great Britain, and its successor the House of Commons of the United Kingdom, from 1707 to 1926. Seventeenth-century English history established the doctrine of parliamentary sovereignty, in particular from interference by the monarch. In 1624, the House of Commons of England resolved that an MP could not resign his seat, and in 1680 it resolved that accepting an office of profit from the Crown would precipitate resignation from the House.[3] Sections 24 and 25 of the Succession to the Crown Act 1707 listed ministerial offices among those considered offices of profit, while mitigating this by allowing the option of standing for re-election.[4][5] A minister typically sought re-election in the same constituency he had just vacated, but occasionally contested another seat which was also vacant.

As a rule, the requirement to stand in a by-election only applied when an elected legislator was first appointed to a portfolio. Any ministers already holding portfolios were not required to contest additional by-elections to remain ministers after being returned in a subsequent general election (assuming, of course, that their party managed to remain in government). The Reform Act 1867 made cabinet reshuffles easier by abolishing the necessity to seek re-election for an existing minister taking a new portfolio.[6] In 1910 The Times newspaper noted that the relevant Act had been passed in the reign of Queen Anne "to prevent the Court from swamping the House of Commons with placemen and pensioners", and described the process as "anomalous" and "indefensible" in the 20th century.[7] During the First World War, temporary acts in 1915 and 1916 suspended the requirement for re-election, in order to allow the War Cabinets of the Asquith coalition ministry and the Lloyd George ministry to be appointed quickly.[6] The Re-Election of Ministers Act 1919 ended the requirement within nine months of a general election,[3] and the Re-Election of Ministers Act (1919) Amendment Act 1926, introduced by the opposition as a private member's bill, ended the practice in all other cases.[3][5][8]

Canada

Ministerial by-elections also occurred in the federal House of Commons of Canada until 1931,[9] and in Canadian provincial assemblies. One controversy within the 1926 King–Byng Affair was prime minister Arthur Meighen's appointment of "acting ministers" to circumvent the need for by-elections.[10] Ministerial by-elections were abolished by the Legislative Assemblies of Alberta in 1926, of Quebec, of New Brunswick, and of Nova Scotia in 1927, of British Columbia in 1929, of Prince Edward Island in 1932, of Saskatchewan in 1936, of Manitoba in 1937, and of Ontario in 1941 (partially in 1926).[2] In addition Newfoundland, at the time a separate Dominion from Canada, abolished Ministerial by-elections in 1928.[11] The North-West Territories also used ministerial by-elections during the period of Responsible Government from 1897–1905.[12]

Australia

Most of the legislatures of the British colonies in Australia required ministerial by-elections, though the federal House of Representatives created in 1901 and the South Australian House of Assembly created in 1857 never did.[13] The requirement was abolished in the Queensland Legislative Assembly in 1884, the Tasmanian House of Assembly in 1901, the New South Wales Legislative Assembly in 1906, the Victorian Legislative Assembly in 1915, and the Western Australian Legislative Assembly in 1947.[13]

Sources

  • Beaven, Alfred B. (1911). "List of opposed elections on taking office". English Historical Review. Longmans, Green. 26 (101): 139–148. doi:10.1093/ehr/XXVI.CI.139.
  • Cannon, John; W. A. Speck (1978). "Re-election on Taking Office, 1706–90". Historical Research. 51 (124): 206–209. doi:10.1111/j.1468-2281.1978.tb01883.x. ISSN 0950-3471.
  • Hawkins, Angus (2013). "Government Appointment By-Elections: 1832–1886". In Otte, T.G.; Readman, Paul (eds.). By-Elections in British Politics, 1832–1914. Boydell. ISBN 978-1843837800. Retrieved 24 July 2019 – via Google Books.
  • Isaacs, Victor (Autumn 2005). (PDF). Australian Parliamentary Review. 20 (1): 34–53. Archived from the original (PDF) on 2015-03-12. Retrieved 2015-02-27.
  • Pugh, Martin (2008). "'Queen Anne is dead': The Abolition of Ministerial By-Elections, 1867–1926". Parliamentary History. 21 (3): 351–366. doi:10.1111/j.1750-0206.2002.tb00238.x. ISSN 0264-2824.

See also

References

  1. ^ Constitution of the Irish Free State, Article 58 "The appointment of a member of Dáil Eireann to be a Minister shall not entail upon him any obligation to resign his seat or to submit himself for re-election."
  2. ^ a b c Isaacs 2005, p.40
  3. ^ a b c Sandford, Mark (18 July 2013). "SN/PC/06395 : Resignation from the House of Commons" (PDF). House of Commons Background Papers. Parliament and Constitution Centre. pp. 1, 4. Retrieved 25 February 2015.
  4. ^ Isaacs 2005, p.34; Browning, Andrew (1995-12-28). English Historical Documents, 1660-1714. Psychology Press. p. 129. ISBN 9780415143714. Retrieved 27 February 2015.
  5. ^ a b Boothroyd, David. . United Kingdom Election Results. demon.co.uk. Archived from the original on 8 August 2011. Retrieved 25 February 2015.
  6. ^ a b Pugh 2008
  7. ^ "Election Intelligence. Walthamstow., The Osborne Judgment". The Times. 12 October 1910. p. 10. Retrieved 30 August 2012.(subscription required)
  8. ^ Isaacs 2005, p.36
  9. ^ "The House of Commons and Its Members - Rules of Membership for the House". House of Commons Procedure and Practice. Parliament of Canada. 2009. Retrieved 25 February 2015.
  10. ^ Isaacs 2005, pp.39–40
  11. ^ Smallwood, Joseph R (1981). Encyclopedia of Newfoundland and Labrador. Vol. v. 1. p. 717. ISBN 0-920508-14-6.
  12. ^ Saskatchewan Executive and Legislative Directory: North-West Territories: Council and Legislative Assembly, 1876-1905 |url=http://www.saskarchives.com/sites/default/files/documents/NWT-Council.pdfelections[permanent dead link]
  13. ^ a b "Glossary : ministerial by-election". Australian Politics and Elections Database. University of Western Australia. Retrieved 26 February 2015.

January 29, 2023
ministerial, election, ministerial, election, election, fill, vacancy, triggered, appointment, sitting, member, parliament, minister, cabinet, requirement, ministers, stand, election, introduced, house, commons, great, britain, 1707, also, featured, westminste. A ministerial by election is a by election to fill a vacancy triggered by the appointment of the sitting member of parliament MP as a minister in the cabinet The requirement for new ministers to stand for re election was introduced in the House of Commons of Great Britain in 1707 and also featured in Westminster system parliaments modelled on it In latter times the by election was usually a formality uncontested by the opposition In the United Kingdom ministerial by elections were abolished as an anachronism in 1926 The Irish Free State 1 Union of South Africa 2 and Dominion of New Zealand never had them 2 In dualistic parliamentary systems like those in the Netherlands Slovakia and Sweden ministers cannot be sitting MPs at the same time Therefore the appointment of a sitting MP as a minister triggers a vacancy in Parliament If the normal rule for filling vacancies is holding a by election rather than a substitute automatically filling the vacancy for example a dualistic parliamentary system would thus have ministerial by elections too Contents 1 Westminster 2 Canada 3 Australia 4 Sources 5 See also 6 ReferencesWestminster EditMain article List of ministerial by elections to the British parliament Ministerial by elections were a feature of the House of Commons of Great Britain and its successor the House of Commons of the United Kingdom from 1707 to 1926 Seventeenth century English history established the doctrine of parliamentary sovereignty in particular from interference by the monarch In 1624 the House of Commons of England resolved that an MP could not resign his seat and in 1680 it resolved that accepting an office of profit from the Crown would precipitate resignation from the House 3 Sections 24 and 25 of the Succession to the Crown Act 1707 listed ministerial offices among those considered offices of profit while mitigating this by allowing the option of standing for re election 4 5 A minister typically sought re election in the same constituency he had just vacated but occasionally contested another seat which was also vacant As a rule the requirement to stand in a by election only applied when an elected legislator was first appointed to a portfolio Any ministers already holding portfolios were not required to contest additional by elections to remain ministers after being returned in a subsequent general election assuming of course that their party managed to remain in government The Reform Act 1867 made cabinet reshuffles easier by abolishing the necessity to seek re election for an existing minister taking a new portfolio 6 In 1910 The Times newspaper noted that the relevant Act had been passed in the reign of Queen Anne to prevent the Court from swamping the House of Commons with placemen and pensioners and described the process as anomalous and indefensible in the 20th century 7 During the First World War temporary acts in 1915 and 1916 suspended the requirement for re election in order to allow the War Cabinets of the Asquith coalition ministry and the Lloyd George ministry to be appointed quickly 6 The Re Election of Ministers Act 1919 ended the requirement within nine months of a general election 3 and the Re Election of Ministers Act 1919 Amendment Act 1926 introduced by the opposition as a private member s bill ended the practice in all other cases 3 5 8 Canada EditMinisterial by elections also occurred in the federal House of Commons of Canada until 1931 9 and in Canadian provincial assemblies One controversy within the 1926 King Byng Affair was prime minister Arthur Meighen s appointment of acting ministers to circumvent the need for by elections 10 Ministerial by elections were abolished by the Legislative Assemblies of Alberta in 1926 of Quebec of New Brunswick and of Nova Scotia in 1927 of British Columbia in 1929 of Prince Edward Island in 1932 of Saskatchewan in 1936 of Manitoba in 1937 and of Ontario in 1941 partially in 1926 2 In addition Newfoundland at the time a separate Dominion from Canada abolished Ministerial by elections in 1928 11 The North West Territories also used ministerial by elections during the period of Responsible Government from 1897 1905 12 Australia EditMost of the legislatures of the British colonies in Australia required ministerial by elections though the federal House of Representatives created in 1901 and the South Australian House of Assembly created in 1857 never did 13 The requirement was abolished in the Queensland Legislative Assembly in 1884 the Tasmanian House of Assembly in 1901 the New South Wales Legislative Assembly in 1906 the Victorian Legislative Assembly in 1915 and the Western Australian Legislative Assembly in 1947 13 Sources EditBeaven Alfred B 1911 List of opposed elections on taking office English Historical Review Longmans Green 26 101 139 148 doi 10 1093 ehr XXVI CI 139 Cannon John W A Speck 1978 Re election on Taking Office 1706 90 Historical Research 51 124 206 209 doi 10 1111 j 1468 2281 1978 tb01883 x ISSN 0950 3471 Hawkins Angus 2013 Government Appointment By Elections 1832 1886 In Otte T G Readman Paul eds By Elections in British Politics 1832 1914 Boydell ISBN 978 1843837800 Retrieved 24 July 2019 via Google Books Isaacs Victor Autumn 2005 The Case of the Missing Premier A Strange Parliamentary Practice PDF Australian Parliamentary Review 20 1 34 53 Archived from the original PDF on 2015 03 12 Retrieved 2015 02 27 Pugh Martin 2008 Queen Anne is dead The Abolition of Ministerial By Elections 1867 1926 Parliamentary History 21 3 351 366 doi 10 1111 j 1750 0206 2002 tb00238 x ISSN 0264 2824 See also EditDualism politics Norwegian Law Israel References Edit Constitution of the Irish Free State Article 58 The appointment of a member of Dail Eireann to be a Minister shall not entail upon him any obligation to resign his seat or to submit himself for re election a b c Isaacs 2005 p 40 a b c Sandford Mark 18 July 2013 SN PC 06395 Resignation from the House of Commons PDF House of Commons Background Papers Parliament and Constitution Centre pp 1 4 Retrieved 25 February 2015 Isaacs 2005 p 34 Browning Andrew 1995 12 28 English Historical Documents 1660 1714 Psychology Press p 129 ISBN 9780415143714 Retrieved 27 February 2015 a b Boothroyd David Causes of Byelections since the Reform Act United Kingdom Election Results demon co uk Archived from the original on 8 August 2011 Retrieved 25 February 2015 a b Pugh 2008 Election Intelligence Walthamstow The Osborne Judgment The Times 12 October 1910 p 10 Retrieved 30 August 2012 subscription required Isaacs 2005 p 36 The House of Commons and Its Members Rules of Membership for the House House of Commons Procedure and Practice Parliament of Canada 2009 Retrieved 25 February 2015 Isaacs 2005 pp 39 40 Smallwood Joseph R 1981 Encyclopedia of Newfoundland and Labrador Vol v 1 p 717 ISBN 0 920508 14 6 Saskatchewan Executive and Legislative Directory North West Territories Council and Legislative Assembly 1876 1905 url http www saskarchives com sites default files documents NWT Council pdfelections permanent dead link a b Glossary ministerial by election Australian Politics and Elections Database University of Western Australia Retrieved 26 February 2015 Retrieved from https en wikipedia org w index php title Ministerial by election amp oldid 1103394660, wikipedia, wiki, book, books, library,

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