Law and Rights
The new Coalition government has announced that they will legislate for fixed term Parliaments of 5 years. (See here). The rationale for this seems to come from a desire by the parties forming the coalition to lock themselves into a fixed term arrangement for government. A fixed term parliament would take away the Prime Minister's nuclear option of controlling the election date but, even if one accepts that fixed term parliaments are a good idea, there ought still to be a debate about whether the term should be 5 years or 4. Most parliaments seem to be running out of steam at around 4 years.
The Coalition's proposal goes on to say that the legislation will "also provide for dissolution if 55% or more of the House votes in favour". This part of the proposal certainly requires a great deal more thought and explanation. For example, in view of the coalition arrangement, is the proposal limited to this parliament or is it intended to be a permanent change? On the face of it, there could be many possible problems and perhaps not all of them can be identified at the present time. Even if the parties to the coalition government wish to lock into a 55% arrangement (should they wish to propose a dissolution) it would seem wise to retain the traditional "no confidence rule" - i.e. that if the government loses a vote of confidence by at least 50% + 1 then the P.M. must resign and thereafter a general election is called.
For further analysis on this see the blogs Head of Legal and Charon QC.
Addendum 14th May 2010: See Daily Mail - "Revolt looms over 5 year parliament "stitch-up" that Liberal Democrats demanded" and also see BBC 14th May.
Further addendum 14th May 2010: - Now that the possible implications of the 55% proposal are being realised, many politicians are speaking out against it. The Times 14th May.
- A Constitutional Imbroglio ?
The question of what will happen in the event of a further "hung" Parliament continues to be asked. Writing in the Law Society Gazette 4th May, Joshua Rozenberg looks at the possibilities - A constitutional imbroglio. The article also...
- What If ~ As Seems Likely ~ It Is A Hung Parliament ?
The General Election for the United Kingdom of Great Britain and Northern Ireland is rapidly approaching. The latest opinion polls are analysed by UKPollingReport and they continue to suggest a "hung parliament" - that is, no party having an overall...
- Parliament Dissolved ~ The Fight For Power At Westminster Commences
Today (30th March), Parliament was dissolved. The coalition government remains in place pending the outcome of the General Election on 7th May and it may remain in place for some time beyond the election (see later). At present, the opinion...
- Fixed-term Parliaments Bill ... More Constitutional Tinkering ....
In July 2010, the government introduced a Bill to establish five year fixed term Parliaments - see Fixed-term Parliaments Bill. Is this Bill either desirable or necessary? Under present arrangements, a Parliament has a maximum term of 5 years - Septennial...
- The Coalition Government: The Agreement: Next Election 7th May 2015
The agreement between the parties forming the coalition government has been published - see here or here (A final coalition agreement is to be published later) Paragraph 10 is important since it seeks to "reverse the substantial erosion of civil...
Law and Rights
A proposal containing major difficulties
The Coalition's proposal goes on to say that the legislation will "also provide for dissolution if 55% or more of the House votes in favour". This part of the proposal certainly requires a great deal more thought and explanation. For example, in view of the coalition arrangement, is the proposal limited to this parliament or is it intended to be a permanent change? On the face of it, there could be many possible problems and perhaps not all of them can be identified at the present time. Even if the parties to the coalition government wish to lock into a 55% arrangement (should they wish to propose a dissolution) it would seem wise to retain the traditional "no confidence rule" - i.e. that if the government loses a vote of confidence by at least 50% + 1 then the P.M. must resign and thereafter a general election is called.
For further analysis on this see the blogs Head of Legal and Charon QC.
Addendum 14th May 2010: See Daily Mail - "Revolt looms over 5 year parliament "stitch-up" that Liberal Democrats demanded" and also see BBC 14th May.
Further addendum 14th May 2010: - Now that the possible implications of the 55% proposal are being realised, many politicians are speaking out against it. The Times 14th May.
- A Constitutional Imbroglio ?
The question of what will happen in the event of a further "hung" Parliament continues to be asked. Writing in the Law Society Gazette 4th May, Joshua Rozenberg looks at the possibilities - A constitutional imbroglio. The article also...
- What If ~ As Seems Likely ~ It Is A Hung Parliament ?
The General Election for the United Kingdom of Great Britain and Northern Ireland is rapidly approaching. The latest opinion polls are analysed by UKPollingReport and they continue to suggest a "hung parliament" - that is, no party having an overall...
- Parliament Dissolved ~ The Fight For Power At Westminster Commences
Today (30th March), Parliament was dissolved. The coalition government remains in place pending the outcome of the General Election on 7th May and it may remain in place for some time beyond the election (see later). At present, the opinion...
- Fixed-term Parliaments Bill ... More Constitutional Tinkering ....
In July 2010, the government introduced a Bill to establish five year fixed term Parliaments - see Fixed-term Parliaments Bill. Is this Bill either desirable or necessary? Under present arrangements, a Parliament has a maximum term of 5 years - Septennial...
- The Coalition Government: The Agreement: Next Election 7th May 2015
The agreement between the parties forming the coalition government has been published - see here or here (A final coalition agreement is to be published later) Paragraph 10 is important since it seeks to "reverse the substantial erosion of civil...