Featured Article Summary #6
Ministerial by-election
397 words ~ 1.8 minutes
Full Article on WikipediaFrom 1708 to 1926, MPs in the House of Commons had to contest a by-election if they became ministers in order to rejoin the House. This practice was also adopted in British colonies but was abolished by the mid-20th century. MPs had to rejoin the House upon ministerial appointment as a way to maintain independence from the Crown. However, ministers holding an existing portfolio were not required to surrender their office when elected as an MP. The by-elections became a formality and were gradually reformed starting from the late 19th century. They were eventually abolished in 1926 due to criticism and inconvenience to the government. Some countries with different political systems have similar practices when a legislator is appointed to executive office.
In the 17th and 18th centuries, there were restrictions on ministers holding office under the Crown from also being members of the House of Commons. However, these restrictions were not scheduled to come into effect until 1714. There were also conventions against challenging ministerial by-elections, although this became more acceptable in the mid-19th century. Most ministerial by-elections were uncontested during this time.
The Reform Act of 1867 made it easier for cabinet reshuffles by abolishing the need for re-election. There were proposals to eliminate ministerial by-elections in the mid-1800s, but they were met with opposition. However, by the early 1900s, by-election defeats became more common, and special interest groups started contesting the elections. Eventually, in 1926, the Re-Election of Ministers Act (1919) Amendment Act was passed, abolishing ministerial by-elections.
Ministerial by-elections were abolished in various provinces and territories in Canada over different periods of time. Nova Scotia, New Brunswick, Prince Edward Island, Quebec, Alberta, Saskatchewan, British Columbia, and Manitoba all abolished ministerial by-elections. Newfoundland, which became a province of Canada in 1949, abolished ministerial by-elections in 1928.
Ministerial by-elections were required in most of the Australian colonies, except for the federal House of Representatives and the South Australian House of Assembly. Queensland accidentally abolished the practice in 1884, while Tasmania abolished it implicitly in 1896 with the adoption of a new electoral system. New South Wales, Victoria, and Western Australia all had ministerial by-elections, but they were eventually abolished in 1906, 1915, and 1947 respectively.