Dropping the writ

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For the Cass McCombs album, see Dropping the Writ.

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Dropping the writ is the informal term for a procedure in some parliamentary
government systems, where the head of government (that is the prime minister,
premier or chief minister, as the case may be) goes to the head of state and
formally advises him or her to dissolve parliament.[1][2] By convention, the head
of state grants the request and issues writs of election for new members of
parliament. The usage of the word "drop" in this context is likely derived from the
phrase "draw up".[1][3][4]

The head of state usually has the right to refuse the request, in which case the
prime minister 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.
In some cases, such as with the President of Ireland, 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), and so it is possible that the
right of a head of state to refuse a dissolution has become a lapsed power.

Timing
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.

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 unless the prime minister cannot
govern or feels they must bring an important issue before the nation.

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.

Etymology
The phrase "drop the writ" is a debased form of the phrase "draw up the writ".[3]
[4] Although it is still considered stylistically inappropriate by some,[1] who
assert that the correct phrase is, "the writs are issued" or "the writs are drawn
up," the phrase is nevertheless widely used in edited copy.[2]

References
Haydn Watters, "Many writs, no 'dropping': What the election call actually means",
CBC News, September 11, 2019
 "Dropping the Writ: How A Federal Election is Called", studentvote.ca, July 30,
2015
Statutes of the Province of Manitoba, Manitoba: Queen's Printer, 1887, p. 148
Robert Allen (1841), The Practice of the Common Law Courts, and Practical Lawyer's
Pocket Book, London, England: John Richards and Co., Law Booksellers, &c., p. 82
Categories: Constitutional lawWestminster system
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