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.
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]
- ^ Haydn Watters, "Many writs, no 'dropping': What the election call actually means", CBC News, September 11, 2019
- ^ Cite error: The named reference
Bhatia2010was invoked but never defined (see the help page). - ^ Cite error: The named reference
Statutes of the Province of Manitobawas invoked but never defined (see the help page). - ^ Butler, David (18 June 1991). Surrogates for the Sovereign: Constitutional Heads of State in the Commonwealth. Springer. pp. 264–5. ISBN 978-1-349-11565-5.
- ^ As happened in the Canadian King–Byng Affair: Williams, Jeffery (1992). Byng of Vimy: General and Governor General. Toronto: University of Toronto Press. p. 305. ISBN 978-0-436-57110-7.
- ^ Farrell, David M.; Hardiman, Niamh (2021). The Oxford Handbook of Irish Politics. Oxford University Press. p. 372. ISBN 978-0-19-882383-4.
- ^ Forsey, Eugene A.; Tattrie, Jon (30 July 2013). "King-Byng Affair". The Canadian Encyclopedia. Retrieved 23 January 2023.