Writ of election
A writ of election is a writ issued ordering the holding of an election. In Commonwealth countries writs are the usual mechanism by which general elections are called and are issued by the head of state or their representative. In the United States, writs are more commonly used to call special elections for political offices.
"Dropping the writ" redirects here. For the Cass McCombs album, see Dropping the Writ.
In some countries, especially in Canada,[1] the process of issuing writs of election is referred to as "dropping the writ",[2] likely derived from the phrase "drawing up [the writ]".[3]
In some parliamentary systems, the head of government (e.g. prime minister or premier) advises the head of state to issue writs of election (typically following the dissolution of parliament in order to hold general elections, but also for by-elections). The head of state usually reserves the right to refuse the request, in which case the head of government is required by convention or statute to resign. For example, in the case of a minority government, the head of state can deny the request for dissolution and ask the leader of another parliamentary party to form a government.[4][5] In some cases, such as with the president of Ireland,[6] there are specific limitations on when a head of state can refuse the request. Even then, the right is rarely exercised, as it is likely to precipitate a constitutional crisis (see, for example, the Canadian King–Byng Affair of 1926).[7]
Timing[edit]
Usually, according to parliamentary law, the head of government must regularly call an election but it is otherwise within their discretion when to drop the writ, up to the time when the parliament has served its full term. At that point, an election must be called by issuing the writs. An exception to this principle is if a fixed-term election law has been enacted.[8]
In some states and territories of Australia, such as New South Wales, Victoria, South Australia, and the Australian Capital Territory, it is normally required by law that the parliament must run its full term before issuing the writs. Early dissolutions are allowed by the governor (NSW, Vic, SA) or federal minister for territories (ACT) only if certain objective criteria are met – in particular, if the parliament is unable to agree on the annual budget. Similarly, in New Zealand, it is the norm for parliament to run full term (or very close to full term) unless the prime minister cannot govern or feels they must bring an important issue before the nation.[9]
Opposition parties can bring down the government by passing a motion of no confidence, in which the prime minister is required by convention or specific law to either drop the writ or resign; parliaments do not have the right to force the prime minister to drop the writ.