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106-625: The convention was in abeyance from 2011 to 2022, when the sovereign's prerogative power to dissolve Parliament was removed by the Fixed-term Parliaments Act 2011 . Following passage of the Dissolution and Calling of Parliament Act 2022 , which repealed the Fixed-term Parliaments Act, these principles are thought to have been revived. The Lascelles principles are not the only convention governing how

212-493: A fusion of powers , which means that the prime minister exercises functions in both the executive and the legislature . This also means that accountability between the branches is limited, as it is difficult to check on oneself. The prime minister normally (but not necessarily) leads the largest party in the House of Commons and they usually have some power over their own party due to that role. The status and executive powers of

318-503: A general election after Prime Minister David Cameron revealed that he had had investments in an offshore trust. After the petition had passed the threshold of 100,000 signatures, the government response cited the Fixed-term Parliaments Act in its reply, and stated that "no Government can call an early general election any more anyway". In 2017, the journalist John Rentoul writing in The Independent newspaper argued that

424-717: A Conservative political scientist, argued that the FTPA significantly limited the Prime Minister's ability to obtain an early election, since the Opposition could prevent an election by voting against it. This was borne out in 2019, as the Opposition blocked Prime Minister Boris Johnson 's attempt to hold early elections on several occasions. An Act of Parliament for an early election (the Early Parliamentary General Election Act 2019 )

530-531: A Prime Minister may ask—not demand—that his Sovereign will grant him a dissolution of Parliament; and that the Sovereign, if he so chooses, may refuse to grant this request. The problem of such a choice is entirely personal to the Sovereign, though he is, of course, free to seek informal advice from anybody whom he thinks fit to consult. In so far as this matter can be publicly discussed, it can be properly assumed that no wise Sovereign—that is, one who has at heart

636-637: A bill passed by the Commons is restricted by conventions and the Parliament Acts . In extremis, as members of the Lords are appointed by the sovereign on the advice of the PM, the PM could appoint, or threaten to appoint, enough peers to the House of Lords who will support the legislation to force the Lords to pass it. The prime minister appoints officials known as the "Government Whips ", who negotiate for

742-536: A board of advisors for the monarch, or curia regis . As the king was able to summon Parliament at will, so could he dissolve it by royal proclamation . Events of the 17th century began to regulate the summoning and dissolution of Parliament; the English Civil War was in large part caused by the efforts of Charles I to rule without it. The Triennial Act 1640 was passed to require Parliament meet for at least one session every three years, providing for

848-404: A conurbation or a key target on UK territory. The prime minister is also responsible for authorising the use of UK nuclear weapons, including the preparation of four letters of last resort . They also appoint deputies for both of these purposes. The prime minister normally has significant power to change the law through passing primary legislation , as the PM is, by definition, able to command

954-548: A dissolution, but this did not become part of the FTPA. Instead, the FTPA contained the two-thirds requirement. Proposed amendments that would have limited the fixed term to four years, backed by Labour , Plaid Cymru and the SNP , were defeated. Section 4 of the FTPA postponed the Scottish Parliament election that would have been held on 7 May 2015, moving the election day to 5 May 2016 to avoid it coinciding with

1060-452: A draft Fixed-term Parliaments Act 2011 (Repeal) Bill to repeal the FTPA and revive the royal prerogative power of dissolving Parliament as it existed before the act. The repealing legislation was formally announced in the Queen's Speech of 11 May 2021, and granted royal assent as the Dissolution and Calling of Parliament Act 2022 on 24 March 2022. The Parliament of England originated as

1166-403: A draft statutory instrument before the House proposing that polling day occur up to two months later than that date. If the use of such a statutory instrument were approved by each House of Parliament, the Prime Minister had the power, by order made by statutory instrument under section 1(5), to provide that polling day occurs accordingly. Section 2 of the FTPA also provided for two ways in which

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1272-453: A failsafe mechanism should the king fail to issue the appropriate writs; this was replaced by the Meeting of Parliament Act 1694 , requiring annual sessions and a general election at least every three years. The Septennial Act 1715 increased the maximum lifespan of a parliament to seven years. The Chartists demanded annual parliamentary elections, which was the only demand of theirs that

1378-585: A fixed parliamentary term allowed for the prime minister to decide when to hold an election solely on partisan grounds; it was also criticised for creating uncertainty before the calling of an election when such a calling was anticipated. Until 2010 the Conservative Party 's manifesto made no mention of fixed-term Parliaments. The Labour Party manifesto for 2010 said that it would introduce fixed-term Parliaments, but did not say how long they would be. The Liberal Democrat manifesto for 2010 included

1484-602: A general election could be held before the end of this five-year period: In either of these two cases, the Monarch (on the recommendation of the Prime Minister) appointed the date of the new election by proclamation. Parliament was then dissolved 25 working days before that date. Apart from the automatic dissolution in anticipation of a general election, whether held early or not, section 3(2) provided that "Parliament cannot otherwise be dissolved". The FTPA thus removed

1590-500: A government with a healthy majority can on occasion find itself unable to pass legislation. For example, on 9 November 2005, Tony Blair 's Government was defeated over plans which would have allowed police to detain terror suspects for up to 90 days without charge, and on 31 January 2006, was defeated over certain aspects of proposals to outlaw religious hatred. On other occasions, the Government alters its proposals to avoid defeat in

1696-465: A majority in the House of Commons . Therefore, the PM can normally gain House of Commons support for their desired legislation (and House of Commons rejection of any undesirable legislation) - Government defeats in the House of Commons are unusual . Primary legislation must also be passed by the House of Lords , and while Government defeats in the Lords are more frequent, the power of the Lords to reject

1802-491: A maximum of seven years since the Septennial Act 1716 ). The FTPA removed this power from both the monarch and the PM, giving the circumstances in which a General Election can be held, and states "Parliament cannot otherwise be dissolved". (Though this could be overridden by passing a separate Act, such as the Early Parliamentary General Election Act 2019 .) The Dissolution and Calling of Parliament Act 2022 repealed

1908-580: A new Parliament "is determined by a proclamation issued by the Sovereign, on the advice of the Prime Minister." Under House of Commons Standing Order 13, the prime minister can ask the speaker to recall Parliament while it is on recess, who then decides. For example, in August 2013, David Cameron asked the Speaker to recall Parliament to discuss the Syrian civil war , and the use of chemical weapons by

2014-412: A no-deal Brexit off the table. On 28 October, the motion failed despite a vote of 299 to 70 because mass abstentions by the opposition prevented the forming of the two-thirds majority required under the FTPA. No further motions under the FTPA were attempted in the 2017–19 Parliament, as Prime Minister Boris Johnson introduced the Early Parliamentary General Election Act 2019 to the House of Commons on

2120-530: A pledge to introduce four-year fixed-term Parliaments. The 2010 election resulted in a hung Parliament , with the Conservatives having 306 MPs and the Liberal Democrats 57 MPs. The two parties negotiated a coalition agreement to form a government, and a commitment to legislate for fixed-term Parliaments was included in the coalition deal. The journalist John Rentoul has suggested that one of

2226-450: A time the country needed decisive action". The first Queen's Speech following the election confirmed that "work will be taken forward to repeal the Fixed-term Parliaments Act". Lord Norton of Louth had commented in 2016 that repealing the Act would require a new Act of Parliament , and that if the duration of parliaments was to be limited, arrangements for this would need to be included in

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2332-498: A two-thirds majority. Under the FTPA, the following general election was scheduled for 2022, but the Early Parliamentary General Election Act 2019 , passed with Opposition support, circumvented the FTPA, providing for an election on 12 December 2019 while otherwise leaving the FTPA in place. The Conservative Party entered the election with a manifesto pledge to repeal the FTPA. The resulting Conservative majority government, in fulfilment of its commitment, published on 1 December 2020

2438-558: A working majority in the House of Commons. When Sir Patrick Duncan refused a dissolution to his Prime Minister in South Africa in 1939, all these conditions were satisfied: when Lord Byng did the same in Canada in 1926 , they appeared to be, but in the event the third proved illusory. I am, &c., SENEX. April 29. Historian Peter Hennessy stated in 1994 that the second of the three conditions had since been "dropped from

2544-569: Is difficult for Parliament to debate matters, and extremely difficult for Parliament to pass legislation, against the Government's (and PM's) will. King's Consent is required before certain types of bill can be debated by Parliament. The prime minister can advise the Monarch to withhold his consent, thus preventing Parliament debating the bill. For example, prime minister Harold Wilson used this power in 1964 and 1969 to prevent Parliament debating bills about peerages and Zimbabwean independence. The Intelligence Services Act 1994 , which established

2650-495: Is free to, at any time, create government departments, merge them, rename them, transfer responsibilities between them, and abolish them. The prime minister of the day has held the office of Minister for the Civil Service since that office was created in 1968. As such the PM has the powers over His Majesty's Civil Service held by that position. These powers may be delegated by the prime minister to others. This power

2756-680: Is given by the prime minister, on behalf of the Crown. Decisions on military action are taken within the Cabinet with advice. The Defence Council has power of command over members of the armed forces. However, in 2011, the government of the United Kingdom acknowledged that a constitutional convention had developed whereby the House of Commons should have an opportunity to debate the matter before troops are committed. It said that it proposed to observe that convention except when there

2862-609: Is no longer just " first among equals " in HM Government; although theoretically the Cabinet might still outvote the prime minister, in practice the prime minister progressively entrenches their position by retaining only personal supporters in the Cabinet. In occasional reshuffles, the prime minister can sideline and simply drop from Cabinet the Members who have fallen out of favour; they remain Privy Counsellors, but

2968-503: Is responsible for producing and enforcing the Ministerial Code . The prime minister formally kisses the hands of the sovereign, whose royal prerogative powers are thereafter exercised solely on the advice of the prime minister and His Majesty's Government ("HMG"). The prime minister has weekly audiences with the sovereign, whose rights are constitutionally limited by convention: "to warn, to encourage, and to be consulted";

3074-811: Is rooted in the prerogative. The prime minister sets the Government's policy agenda and priorities, and generally co-ordinates the policies and activities of the Cabinet and Government departments, acting as the main public "face" of His Majesty's Government. The prime minister is ultimately responsible for all policy and decisions. The prime minister can overrule the policy decisions of individual ministers. Boris Johnson reportedly overruled home secretary Priti Patel on closing UK borders, Tony Blair overruled Scottish secretary Donald Dewar on devolving abortion powers to Scotland, Gordon Brown overruled chancellor Alistair Darling on VAT rates, and Margaret Thatcher overruled home secretary Leon Brittan on parole for Ian Brady and Myra Hindley . Some policy decisions are made by

3180-465: Is under review. The Constitutional Reform and Governance Act 2010 states that a special adviser to a minister in the UK government can only be appointed if the appointment has been approved by the prime minister. Similarly, the Ministerial Code says that while Cabinet Ministers and Ministers of State may appoint Parliamentary Private Secretaries , all appointments require the prior written approval of

3286-489: Is very rare in UK law, represented a move towards entrenched clauses in the UK Constitution. In 2017 Blick argued alongside Graham Allen , who chaired the House of Commons Select Committee on Political and Constitutional Reform during passage of the FTPA, that the FTPA had failed "to deliver on one of its main stated purposes ... to reduce the discretion possessed by the Prime Minister in being able to determine

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3392-771: The Cabinet . The prime minister chairs the Cabinet, decides its membership, and when and where meetings take place. Other important policy decisions are made by the Cabinet Committees . The prime minister is free to decide the Cabinet Committees' structure, membership, chairmanship, and terms of reference. A number of Cabinet Committees are chaired by the PM. The prime minister is the minister responsible for national security , and matters affecting MI5 , MI6 and GCHQ collectively, though other ministers may authorise individual operations. The PM chairs

3498-533: The Church of England , but the prime minister's discretion is limited by the existence of the Crown Nominations Commission . The appointment of senior judges, while constitutionally still on the advice of the prime minister, is now made on the basis of recommendations from independent bodies. Peerages, knighthoods, and most other honours are bestowed by the sovereign only on the advice of

3604-417: The Early Parliamentary General Election Act 2019 . On 3 September 2019, the government tabled a motion under the FTPA to trigger an early general election, requiring the votes of two-thirds of MPs. However, Labour refused to support the motion until legislation to delay a no-deal Brexit had been passed. On 4 September, there were 298 votes for the motion and 56 against, with 288 abstentions, well short of

3710-578: The Intelligence and Security Committee of Parliament (ISC), gave the PM the power to appoint the members of the ISC. The Justice and Security Act 2013 reduced this instead to a power to nominate the nine members of the ISC, and these nominees are then voted upon and appointed by Parliament. This is different to the Select Committees , whose members are elected. Under the 1994 Act, the PM had

3816-640: The Investigatory Powers Commissioner and other Judicial Commissioners, who oversee use of the IPA. The PM can require the Commissioner to make a report to him at any time, and the PM can exclude from publication any part of the Commissioner's reports if the PM decides it meets certain criteria. The PM appoints the chair of each of the public sector pay Review Bodies , and decides whether to implement their recommendations. For

3922-648: The Leader of the Opposition , tabled a motion of no confidence in Her Majesty's Government on 15 January 2019, after the House of Commons rejected Theresa May's draft agreement on Brexit . Ian Blackford , the Westminster leader of the SNP supported the decision. The motion failed, the ayes having 306 and the noes 325. Nigel Dodds , Westminster leader of the DUP , which had a confidence and supply agreement with

4028-627: The National Security Council , and appoints the National Security Adviser . Some Government policy decisions are of such significance that the ultimate decision of how to proceed is made by the prime minister rather than the relevant minister. For example: The prime minister might have their own policy agenda which they drive to implement. For example: The prime minister has "almost complete discretion over how to organise government departments ". The PM

4134-714: The Police Remuneration Review Body , this power of appointment is provided by the Anti-social Behaviour, Crime and Policing Act 2014 . The prime minister is leader of their political party . In recent decades the prime minister has been either the Leader of the Conservative Party (UK) or Leader of the Labour Party (UK) . As such the PM has the powers over their party given to the leader by their party's rules at

4240-400: The prime minister advises the monarch to exercise the royal prerogative to do so. Prime ministers have often employed this mechanism to call an election before the end of their five-year term, sometimes fairly early in it. Critics have said this gives an unfair advantage to the incumbent prime minister, allowing them to call a general election at a time that suits them electorally. While it

4346-536: The ranking order of all ministers. The prime minister holds powers of patronage which means that at any time, they may obtain the appointment, dismissal or nominal resignation of any other minister. The prime minister may implement a cabinet reshuffle ; one famous example was the Night of the Long Knives in 1962. The prime minister may resign, either purely personally or with the whole government. A prime minister

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4452-475: The 2017 general election proposed repealing the Fixed-term Parliaments Act 2011. However, Theresa May's government failed to win a House of Commons majority at that election and did not attempt to repeal the act. The Conservative Party reiterated the commitment to repeal the act in its manifesto for the December 2019 election , at which it won a majority. The manifesto stated that the Act "has led to paralysis at

4558-635: The Bill that became the FTPA into the House of Commons, Nick Clegg , then Deputy Prime Minister and Leader of the Liberal Democrats , said that "by setting the date that Parliament will [be] dissolve[d], our Prime Minister is giving up the right to pick and choose the date of the next general election—that's a true first in British politics." The government initially indicated that an "enhanced majority" of 55 per cent of MPs would be needed to trigger

4664-507: The Bill's drafting". It was also reported that Allen was critical that the committee had not had sufficient time to consider whether a four-year term would have been more appropriate than the five-year term stipulated in the FTPA. While he was still Chair of the Select Committee on Political and Constitutional Reform Allen wrote an essay in favour of codifying all the prerogative powers, and referred to his experience in challenging

4770-460: The British prime minister means that the incumbent is consistently ranked as one of the most powerful democratically elected leaders in the world. Between 2011 and 2014, the Political and Constitutional Reform Select Committee conducted an inquiry into the "role and powers of the Prime Minister". In their report, they wrote: When Lord Hennessy gave evidence to us, he commented: "the role of

4876-465: The Commons, as Blair's Government did in February 2006 over education reforms. Ministers, including the prime minister and other ministers over whom the prime minister has the power of appointment and dismissal, are given the power to create and change certain laws (secondary legislation) by parent Acts of Parliament (primary legislation). After a general election , the date of the first meeting of

4982-403: The FTPA and restored the prime minister's power to call a general election at a time of their choosing. Formerly, a prime minister whose government lost a Commons vote would be regarded as fatally weakened, and the whole government would resign, usually precipitating a general election. In modern practice, when the Government party has an absolute majority in the House, only loss of supply and

5088-476: The FTPA and to make recommendations for its amendment or repeal, if appropriate. The committee was required to be established between 1 June and 30 November 2020, and the majority of its members must be members of the House of Commons. On 10 November 2020, the House of Commons ordered the establishment of a Joint Committee pursurant to the FTPA and appointed the Commons members of the Committee. When introducing

5194-520: The FTPA required that general elections take place on the first Thursday in May, the date of the next general election after the 2017 election (assuming that no earlier elections were called) would have been 5 May 2022, meaning that the term would have been one month short of five years. On 17 December 2018, the Labour Party tabled a motion of no confidence in the Prime Minister, Theresa May. As this

5300-479: The FTPA significantly affected the British constitution . It removed the ability of the Prime Minister to make a vote on a policy a matter of confidence in the government, a tool that minority governments and governments with small majorities have used to ensure that legislation is passed in the House of Commons. This put such governments at risk of remaining in power without an adequate ability to legislate, increasing

5406-403: The FTPA to provide for a general election on 12 December: At 12:01 AM on 6 November, Parliament was dissolved, as the FTPA required that dissolution must happen 25 days before a general election with all seats in the House of Commons becoming vacant. The 2019 act referred to the FTPA but did not amend it. The FTPA remained in force unaltered until its repeal in 2022; the effect of the 2019 act

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5512-523: The Fixed-Term Parliaments Act, including 14 members of the Commons and 6 peers, was established on 27 November 2020 to review the operation of the Act and make recommendations as to its repeal or amendment. Its report, published on 24 March 2021, concluded that the Act was flawed in several respects: the supermajority requirement imposed by the Act, the committee argued, risks "parliamentary gridlock" and "lacks credibility", as shown by

5618-413: The Fixed-term Parliaments Act indirectly caused the election loss of Theresa May 's majority in the 2017 election. Technicalities made her choose an election campaign of seven weeks, 2–3 weeks longer than usual, which, Rentoul argued, lost her the majority. Losing the parliamentary vote that follows a speech from the throne (also known as a King's or Queen's Speech) has traditionally been seen as having

5724-643: The House of Lords ) introduced the Bill in the House of Lords and it received its First Reading. The Bill completed all stages the following day (30 October) without amendment and was presented to the Queen for Royal Assent . In accordance with the Royal Assent Act 1967 , at 4:27 PM on 31 October, Royal Assent was notified to the House of Lords and notified in the House of Commons at 4:35 PM. The Bill became law within three days from introduction to Royal Assent, an uncommonly short time. The Act circumvented

5830-566: The ISC. The PM has the right to see any ISC report before it is laid before Parliament, and can require the ISC to exclude any matter from any of its reports if the PM considers that the matter would be prejudicial to the continued discharge of the functions of the intelligence services. From 1966, the Wilson Doctrine meant the telephones of Parliamentarians could not be tapped unless the prime minister chose to reverse this policy. Subsequent prime ministers have regularly confirmed that

5936-584: The PM include: When commissioned by the sovereign, a new prime minister's first requisite is to "form a Government " —to create a cabinet of ministers that has the support of the House of Commons, of which they are expected to be a member. The prime minister nominates all other cabinet members to the sovereign for appointment (who then, if they are not already, names them Privy Counsellors ) and ministers, and although consulting senior ministers on their junior ministers, without any Parliamentary or other control or process over these powers. The prime minister decides

6042-523: The Prime Minister is like the British constitution as a whole—you think you are getting close and it disappears into the mists." With the role itself difficult to define, it is not surprising that the powers of the person who fulfils the role are similarly problematic to outline definitively. Most powers exercised by the Prime Minister are not defined in statute and cannot be found in one place. In his book The Prime Minister: The office and its holders since 1945 , Lord Hennessy stated: "Arguments have raged around

6148-468: The Queen to prorogue Parliament "was outside the powers of the Prime Minister". Until the passing of the Fixed-term Parliaments Act 2011 (FTPA), the power to dissolve Parliament and call a General Election also belonged to the monarch, in practice exercised when the PM asked the monarch to do so (with a legal maximum of five years between Elections since the Parliament Act 1911 , before that

6254-620: The Syrian government. The power to close Parliament between sessions ( prorogation ) is a royal prerogative , that is, it belongs to the monarch. However, in practice the monarch exercises this power at the request of the prime minister. (Formally it is exercised on the advice of the Privy Council . ) Though the prorogation of Parliament by PM Johnson in 2019 was overturned by the Supreme Court, which ruled that his advice to

6360-404: The United Kingdom's 56th Parliament to an end after two years and 32 days. The FTPA permitted this, but required two-thirds of the Commons (at least 434 MPs) to support the motion to allow it to be passed. Jeremy Corbyn , then the Leader of the Opposition and the Labour Party indicated that he was in support of an election. The motion was passed the following day by 522 votes to 13 votes. As

6466-467: The ban remains in place. The Investigatory Powers Act 2016 codifies the prime minister's power over the interception of Parliamentarians' communications, as it requires that a warrant authorising the interception of communications of Parliamentarians (or members of devolved legislatures) may only be issued with the approval of the prime minister. The prime minister makes all the most senior Crown appointments, and most others are made by ministers over whom

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6572-425: The bounds of law remained. Events of the 18th and 19th century reduced the monarch's personal power in politics in favour of that of his nominal advisor the prime minister , such that by the 19th century prime ministers had a great deal of de facto control over the timing of general elections. The handing of such power to the prime minister was a convention rather than any formal law, and the monarch could (and, since

6678-605: The canon", being no longer included in internal Cabinet Office guidance. Fixed-term Parliaments Act 2011 The Fixed-term Parliaments Act 2011 (c. 14) ( FTPA ) was an Act of the Parliament of the United Kingdom which, for the first time, set in legislation a default fixed election date for general elections in the United Kingdom. It remained in force until 2022, when it was repealed. Since then, as before its passage, elections are required by law to be held at least once every five years, but can be called earlier if

6784-402: The date of general elections". Allen and Blick argued, however, that this was an "admirable objective" and proposed that instead of being repealed the FTPA should be amended to provide additional safeguards. During the passage of the FTPA, Graham Allen stated on second reading that his committee had not received ample notice for adequate scrutiny of the Bill and that there were "so many flaws in

6890-410: The existing Parliament. The chair of the committee, Conservative Lord McLoughlin , described the FTPA as "likely to be a short-lived constitutional experiment". The 2015 general election held on 7 May 2015 was the only use of the FTPA to dictate the date of a general election. On 18 April 2017, Prime Minister Theresa May announced her intention to call a general election for 8 June 2017, bringing

6996-461: The express vote "that this House has no confidence in Her Majesty's Government" are treated as having this effect; dissenters on a minor issue within the majority party are unlikely to force an election with the probable loss of their seats and salaries. House of Commons Standing Order 14 states that government business has precedence (that is, priority) on every day it sits. Therefore, most of

7102-421: The extent of the sovereign's ability to influence the nature of the prime ministerial advice is unknown, but presumably varies depending upon the personal relationship between the sovereign and the prime minister of the day. As, by constitutional convention, the monarch acts on ministerial advice in all but exceptional cases, it is effectively ministers who exercise the royal prerogative . And it is, in reality,

7208-471: The general election in the United Kingdom. Robert Blackburn KC, a professor of constitutional law, stated that "the status and effect of a no-confidence motion remains largely as it was prior to the Act". Alastair Meeks, however, a lawyer writing on the PoliticalBetting.com website, argued that, as well as removing the Prime Minister's ability to set an election date at a time of their choosing,

7314-406: The government, expressed the opinion that it was in the national interest for his party to support the government in the motion. Boris Johnson's government attempted three times to call an early general election by means of section 2(2) of the FTPA. Each motion achieved a simple majority, but did not meet the two-thirds requirement because opposition parties abstained. Eventually Parliament passed

7420-418: The monarch should not be exposed to political decisions and "it remains a matter for the Prime Minister, as the Sovereign's principal adviser, to judge the appropriate time at which to resign". The Manual notes that recent Prime Ministers have chosen not to resign until an established situation was set which the sovereign could be advised to accept. During public discussion of George VI 's potential response to

7526-541: The motion to meet the requirements of the FTPA. The government subsequently announced that the motion would not be given parliamentary time. The following day, 18 December 2018, the SNP, the Liberal Democrats, Plaid Cymru and the Green Party tabled a new motion of no confidence in the Government in the form set down in the FTPA. This was the first such motion to be tabled under the terms of the FTPA. Jeremy Corbyn , then

7632-468: The necessity of coalition government. David Allen Green , a lawyer and journalist, and Andrew Blick, a legal academic, argued that the FTPA changed little in practice, since the Prime Minister could still, so long as a sufficient portion of the Opposition agrees, schedule an election at their pleasure . Blick also argued that the use of a supermajority requirement for the House of Commons, which

7738-607: The new Act because the Fixed-term Parliaments Act 2011 had repealed pre-existing legislation governing the duration of parliaments. Powers of the prime minister of the United Kingdom The powers of the prime minister of the United Kingdom come from several sources of the UK constitution , including both statute and constitutional convention , but not one single authoritative document. They have been described as "...problematic to outline definitively." The UK has

7844-628: The outcome of the 1950 general election , which returned a very slim Labour Party majority in the House of Commons, the Lascelles Principles were formally stated in a letter to the Editor of The Times , written by the King’s Private Secretary Sir Alan Lascelles , and published on 2 May 1950, under the pseudonym " Senex ": To the Editor of The Times Sir, It is surely indisputable (and common sense) that

7950-462: The period between the general elections of 1992 and 1997 was five years and twenty-two days. No parliament in practice ever reached this milestone outside of the World Wars, as it was always dissolved before its expiry. The longest Parliament preceding the FTPA, other than during wartime, was the 51st Parliament (1992–1997), which lasted four years, eleven months and two days. The lack of

8056-497: The polling day of a general election . This was subsequently amended by the Electoral Registration and Administration Act 2013 to twenty-five working days. Section 1 of the FTPA provided for the polling day to occur on the first Thursday in May of the fifth year after the previous general election, starting with 7 May 2015. The Prime Minister was given the power to postpone this date by up to two months by laying

8162-433: The power to appoint the chair, but since the 2013 Act, the chair is now chosen by the ISC members. In 2020, PM Boris Johnson's preference for chair was Chris Grayling, but the ISC members elected Julian Lewis. The PM has the power to agree a MOU with the ISC that sets out what other Government activities the ISC may oversee that are not covered in the Act. The PM is able to control what operational matters are considered by

8268-490: The powers of the British Prime Minister for nearly 300 years." Without a clear definition of the role of prime minister, the powers associated with the office have been able to evolve and accumulate, unhindered by statute, over hundreds of years... There is no single authoritative source for what the role involves and the powers the prime minister can exercise. Documents describing the role and powers of

8374-495: The prerogative powers of war. According to one political scientist, Colin Talbot , the FTPA made minority governments more stable than in the past, since events that previously might have forced a government out of power—such as defeat of a Queen's Speech or other important legislation, loss of supply , or a vote of no confidence in the Prime Minister rather than the government as a whole—cannot formally do so. Lord Norton ,

8480-430: The prime minister decides which of them are summoned to meetings. The Ministerial and other Maternity Allowances Act 2021 provides for the prime minister to grant certain office holders six months' maternity leave at full pay. In the case of ministers, the prime minister may designate that person a 'Minister on Leave', which comes with the salary of that person's previous office for up to six months. The prime minister

8586-414: The prime minister has the power of appointment and dismissal. Privy Counsellors , Ambassadors and High Commissioners , senior civil servants, senior military officers, members of important committees and commissions, and other officials are selected, and in most cases may be removed, by the prime minister. The prime minister also formally advises the sovereign on the appointment of archbishops and bishops of

8692-428: The prime minister who appoints, accepts the resignations of and dismisses ministers. Rodney Brazier has said: Of greatest political importance is the Prime Minister's personal authority, which stems from his ability to use, or to advise the Sovereign to use, certain prerogatives. If this country has prime ministerial government, it is based on the Prime Minister's personal authority which, although political in effect,

8798-479: The prime minister. The Head of the Armed Forces is the monarch. However, Hennessy says that "war is an intensely prime ministerial activity." The decision to deploy the armed forces overseas rests with the prime minister or the Cabinet, through the exercise of the royal prerogative. Constitutional convention requires that, in the event of a commitment of the armed forces to military action, authorisation

8904-520: The prime minister. Restraints imposed by the Commons grow weaker when the Government's party enjoys a large majority in that House, or among the electorate. In most circumstances, however, the prime minister can secure the Commons' support for almost any bill by internal party negotiations, with little regard to the Opposition MPs. The domination of Parliament by the government of the day has been called an " Elective dictatorship ". However, even

9010-713: The prime minister. The only important British honours over which the prime minister does not have control are the Order of the Garter , the Order of the Thistle , the Order of Merit , the Royal Victorian Chain , the Royal Victorian Order , and the Order of St John , which are all within the "personal gift" of the sovereign. The Investigatory Powers Act 2016 (IPA) gives the PM the power to appoint

9116-471: The repeal of the FTPA, can) in theory refuse to grant such a request; the Lascelles Principles formulated in 1950 outline the possible scenarios where such refusal would likely be granted. The statutory lifespan referred to the lifetime of the parliament and not to the interval between general elections. For example, while John Major's government lasted four years, eleven months and two days;

9222-474: The resolution of unforeseen constitutional crises by the electorate. Ali argued that "The very legislative chamber subject to dissolution being, in all circumstances, required to consent to such dissolution removes essential oversight in a sovereign Parliament that can make or unmake any law whatsoever". Ali reiterated his argument that even if the FTPA had codified prorogation powers, the executive could instead seek refusal of Royal Assent until an early election

9328-413: The same consequences for a government as losing a vote of no confidence. Although this was not the case under the Act, the consequences of losing a vote on the Queen's speech were still considered significant. Theresa May delayed the Queen's speech that was expected in spring 2019, partly as a result of concerns about the prospects for winning a parliamentary vote on it. The Conservative Party manifesto at

9434-407: The same day, which triggered an election after it was passed. The Early Parliamentary General Election Act 2019 was introduced on 29 October 2019 by Boris Johnson following the failure to secure an election by a two-thirds majority the previous day. The Bill was fast-tracked through the House of Commons on the same day it was introduced, the following day Baroness Evans of Bowes Park ( Leader of

9540-550: The sovereign makes decisions relating to changes of government. For example, the Cabinet Manual notes the historic precedent of the sovereign dismissing a government under reserve powers. However, this was last done by William IV , who dismissed Lord Melbourne’s government despite majority support in the Commons and is thought to have damaged the sovereign’s reputation. The general principles of government formation also affect this decision. The Cabinet Manual stresses that

9646-535: The special legislation passed to circumvent the Act in 2019; the Act unduly circumscribed the powers of the Leader of the Opposition to bring forward motions of no confidence and of the government to declare issues to be matters of confidence; finally, the Act's definition of the 14-day period following successful motions of no confidence was unsatisfactory and may have allowed a government to force an election even in cases where an alternative government could be formed from

9752-403: The subsequent coalition government's motives for passing the legislation was a concern about its own potential instability. In this view the legislation was intended to make it difficult for either coalition partner to force an early election and bring the government down. Section 3(1) of the Act originally stated that Parliament should be automatically dissolved seventeen working days before

9858-493: The support of MPs and to discipline dissenters. Party discipline is strong since electors generally vote for individuals on the basis of their party affiliation. Members of Parliament may be expelled from their party for failing to support the Government on important issues, and although this will not mean they must resign as MPs, it will usually make re-election difficult. Members of Parliament who hold ministerial office or political privileges can expect removal for failing to support

9964-419: The time the PM can control what is debated in the House of Commons, and when. Even with non-Government business, although the PM does not control the topics raised, the Government controls "when the time allotted to the Opposition or backbench business is scheduled—meaning that they can simply choose to delay scheduling this time if they think something politically embarrassing might be debated." This means it

10070-467: The traditional royal prerogative to dissolve Parliament , and repealed the Septennial Act 1715 as well as references in other Acts to the royal prerogative. The royal prerogative to prorogue Parliament – that is, to end a parliamentary session – was not affected by the FTPA. Under section 7(4)–(6) of the FTPA the Prime Minister was obliged to establish a committee to review the operation of

10176-472: The true interest of the country, the constitution, and the Monarchy—would deny a dissolution to his Prime Minister unless he were satisfied that: (1) the existing Parliament was still vital, viable, and capable of doing its job; (2) a General Election would be detrimental to the national economy; (3) he could rely on finding another Prime Minister who could carry on his Government, for a reasonable period, with

10282-527: The two-thirds supermajority required. On 6 September, four opposition parties – Labour, the Liberal Democrats, the SNP and Plaid Cymru – agreed not to support any parliamentary vote for a general election until after the next meeting of the European Council , which was scheduled for 17–18 October 2019. On 9 September, another motion for an early election was tabled by the government. It failed by 293 votes to 46, with 303 abstentions Parliament

10388-510: Was prorogued on the same day, until 14 October. The prorogation was later deemed unlawful by the Supreme Court and proceedings were resumed on 25 September. On 24 October 2019, Prime Minister Boris Johnson announced his intention to call a general election via a motion under the FTPA to be tabled on 28 October. Jeremy Corbyn, then Leader of the Opposition, indicated that he would support an election only if Johnson pledged to take

10494-431: Was a Commons vote of no confidence in the government, which still required only a simple majority of voters. The other was a vote explicitly in favour of an earlier election, which required a qualified majority of two-thirds of the total membership of the Commons. The first election under the FTPA was held on 7 May 2015. An early election was held in 2017 , after Prime Minister Theresa May received approval to call it by

10600-453: Was an emergency and such action would not be appropriate. Similarly, declarations of war by Great Britain and the United Kingdom are through the exercise of the royal prerogative by ministers, and led by the prime minister. The prime minister is responsible for the decision to shoot down a hijacked aircraft or an unidentified civil aircraft which responds neither to radio contact nor the signals of RAF interceptor jets, before it reaches

10706-457: Was called, which, Ali argues, "would likely cause far greater constitutional outrage" and codification would "threaten to transform political into constitutional crises" This view was supported in a submission by Robert Craig, who stated: "The main justification for the Act appears to reside in an erroneous view that the political power to call an election is inappropriate in a political constitution." A cross-party parliamentary Joint Committee on

10812-399: Was in force, the FTPA removed this longstanding power of the prime minister . Under the FTPA, general elections were automatically scheduled for the first Thursday in May of the fifth year after the previous general election, or the fourth year if the date of the previous election was before the first Thursday in May. However, the FTPA also provided two ways to call an election earlier. One

10918-498: Was not a motion of no confidence in Her Majesty's Government in the form set out in the FTPA, its passing would not have resulted in a general election being called. Arguing that this would have no effect because of the FTPA, May was able to call it a stunt and deny it any time for debate. The SNP , the Liberal Democrats , Plaid Cymru and the Green Party submitted an amendment to the motion that, if passed, would have changed

11024-411: Was not achieved by the early 20th century. The Parliament Act 1911 amended the Septennial Act by reducing the lifespan to five years. These laws can be, and have been, abrogated in times of great crisis, in practice during both World Wars, whose respective parliaments lasted from 1910 to 1918 and from 1935 to 1945 . Despite these regulations, the royal prerogative to dissolve Parliament within

11130-469: Was only to interrupt its operation. The two acts did not legally conflict, owing to the British constitutional principle of Parliamentary sovereignty , that Parliament has "the right to make or unmake any law whatever", and constitutional laws are of no different status. In 2016, in the wake of the Panama Papers scandal, a petition was created on the Parliament petitions website that called for

11236-404: Was then passed, with Opposition support, by a simple majority. In September 2019 Junade Ali advised in written evidence to the House of Lords Constitution Committee that repeal of the FTPA should be pursued on the basis that, as A. V. Dicey noted, dissolution allows for the executive to appeal to the nation if it feels the House of Commons is no longer supported by the electors, allowing for

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