Quote:
Originally Posted by Wolven
I like that but if there is some kind of super pandemic then you likely would not want to have an election call during an emergency.... it would have to wait until the emergency has ended which then gets dicey on who gets to decide that there is an emergency and when it ends?
The use of the clause should have to go to court to defend and justify it's use. Improper use should result in penalties against all MLAs who sign it and potentially remove them from office.
Another option would be that you have to have the opposition party agree to the use of the clause. Or, you need some kind of super majority (75%?).
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The whole point of the notwithstanding clause is to avoid judicial review, so you can't have a court decide if it's use is not proper. It is, by definition, permissible.