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§ 265. “Such Dissolution shall not Take Place.”

There is one restriction on the power of the Crown to grant a double dissolution. It may not take place within six months before the date of the expiry of the House of Representatives by effluxion of time. The policy of this restriction is that the House of Representatives may not be permitted to court a deadlock, and to force a dissolution of the Senate, when the House of Representatives is on the point of expiry. If there is to be a dissolution of both Houses, the House of Representatives must submit to sacrifices as well as the Senate. Under this restriction its members will have to lose at least six months of their prospective term of membership. This loss, however, would be small compared with the term of membership which the Senators would lose. It is thus assumed that under this procedure the members of both Houses will have every opportunity to agree and every inducement to abstain from unreasonable disagreement.

On the dissolution of the Senate the Governor of each State will cause writs to be issued for the election of new senators for the State. The writs must be issued within ten days from the proclamation of the dissolution. They will appoint the day of election and the officers to conduct the election (sec. 12). The Constitution does not limit the time within which, after the issue of the writs, the election of senators must be held. Power, however, is given to the Parliament of each State to make laws for determining the time and places of election of senators for the State (sec. 9).

After the first meeting of the Senate, following a dissolution thereof, the Senate is required by sec. 13 to proceed to make provision for the retirement of its members by rotation, similar to that made by it after its first election.

The writs for the election of members of the House of Representatives will be issued by the Governor-General in Council, within ten days from the proclamation of the dissolution (sec. 32). The time appointed for the return of the writs will be specified in the writs. Parliament must be summoned to meet not later than thirty days after the day appointed for the return of writs (sec. 5).

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