Law and Rights
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 majority of seats.
What is the legal position in the event of such a Parliament ? Under our Parliamentary system, the test for whether a Prime Minister can govern or not is whether he (or she) commands a majority in the House of Commons. The situation is expertly considered by Carl Gardner on his Head of Legal Blog - Ed can enter No. 10 without Nicola's keys - and I recommend reading of his post.
The fact
that the UK does not have a formally written constitution results in decisions as to the next government being decided - (a) by the electorate choosing their Members of Parliament and, then (b) by Her Majesty the Queen appointing as Prime Minister the individual who is best able to form a government and, in turn, that is the individual whose Party (or a combination of parties) is best able to command the confidence of the House. The Queen will act on the basis of advice given to her and such advice will be based on constitutional conventions and examples of past situations.
A further general election may only be held as specified by the Fixed-Term Parliaments Act 2011.
For more about the Fixed-Term Parliaments Act see Head of Legal blog.
- 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...
- Coalition In Crisis
According to an article in the Daily Mail 25th July, the coalition government is now in crisis over the latest Gross Domestic Product (GDP) announcement. It is said that the coalition is turning to "in fighting." In previous Parliaments, the...
- 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...
- A Proposal Containing Major Difficulties
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...
- The Court Of Public Opinion: Governmental Possibilities
Harriet Harman MP, speaking in relation to the former Chief Executive of the Royal Bank of Scotland, referred to the "Court of Public Opinion". On 6th May, the people were finally permitted their say in the General Election and their "verdict" will...
Law and Rights
What if ~ as seems likely ~ it is a hung Parliament ?
What is the legal position in the event of such a Parliament ? Under our Parliamentary system, the test for whether a Prime Minister can govern or not is whether he (or she) commands a majority in the House of Commons. The situation is expertly considered by Carl Gardner on his Head of Legal Blog - Ed can enter No. 10 without Nicola's keys - and I recommend reading of his post.
The fact
that the UK does not have a formally written constitution results in decisions as to the next government being decided - (a) by the electorate choosing their Members of Parliament and, then (b) by Her Majesty the Queen appointing as Prime Minister the individual who is best able to form a government and, in turn, that is the individual whose Party (or a combination of parties) is best able to command the confidence of the House. The Queen will act on the basis of advice given to her and such advice will be based on constitutional conventions and examples of past situations.
A further general election may only be held as specified by the Fixed-Term Parliaments Act 2011.
For more about the Fixed-Term Parliaments Act see Head of Legal blog.
- 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...
- Coalition In Crisis
According to an article in the Daily Mail 25th July, the coalition government is now in crisis over the latest Gross Domestic Product (GDP) announcement. It is said that the coalition is turning to "in fighting." In previous Parliaments, the...
- 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...
- A Proposal Containing Major Difficulties
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...
- The Court Of Public Opinion: Governmental Possibilities
Harriet Harman MP, speaking in relation to the former Chief Executive of the Royal Bank of Scotland, referred to the "Court of Public Opinion". On 6th May, the people were finally permitted their say in the General Election and their "verdict" will...