Tuesday, September 14, 2010

The HST Referendum

People are now unhappy that this is going to a referendum?   That is the only possible option,  it is unreasonable to expect the proposed act to be passed by the current legislature because it is the one that brought in the HST in BC.   A referendum is the best way to get the question answered if the public is for or against the HST when it comes to taking an action that is intended to direct the government.

It seems completely unreasonable for the Legislature to consider the proposed Act without some sort of direct democratic mandate to do so.   The intent of the initiative process has always been to send things to referendum, the committee has done exactly what was expected of them to send it to referendum.

I also find the commentary out there that the referendum is not binding an indication of the lack of knowledge the public has over how we are governed.   No referendum can bind the Crown and by extension the Executive or the Legislature.   There is no constitutional space to make a referendum binding within the Constitution of Canada or the Constitution of BC.  

Our constitutional monarchy works by having the legislature advise the Crown and then the Crown acting on the advice.   The representative of the Crown appoints a government based on who has the confidence of the house.   At no point is there anyway for a referendum to bind the Crown or the government.

There has never been a binding referendum in Canadian history, and unless we change our system of governance from a constitutional monarchy to some form of republic.   In a republic the power is vested in the people, in our current system power is vested in the Crown.

Later I will do some analysis on recall campaigns and the odds that they will succeed.
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