Contents
2 Review of the Fixed-term Parliaments Act
The arguments made for a semi-fixed term system
Enabling coalition or minority government
Why the Fixed-term Parliaments Act was introduced
Did the FtPA achieve its aims?
To what extent did the Act transfer power from the Executive to Parliament?
The supermajority requirement and the Implications of bespoke legislation in
Did the FtPA have unintended and/or undesirable constitutional or political consequences?
Causes of political gridlock or “paralysis” in the 2017–19 Parliament
Whether the “confidence” provisions in the Act are fit for purpose
The fourteen-day period under the FtPA
Alternative approaches for replacement of the Act
A Continued role for the House of Commons
The return to the status quo ante
Publication of the Government’s proposals
Summary of the draft Bill’s proposals
The short title of the draft Bill
Clauses 1 and 2: repeal of the FtPA and provision about the prerogative
The legal debate on reviving prerogatives
Does the abolition/abeyance distinction matter? Can the prerogative be revived regardless?
Revival of the prerogative: the Government’s approach
Effect of Monarchical powers on political behaviour
The way the ouster was drafted
Clause 4: Automatic Dissolution of Parliament after 5 years
Is the five-year maximum term appropriate?
Should an election be called immediately following dissolution?
Demise of the Crown: proposed new flexibilities
Other consequential amendments
4 Electoral law and the length of time between Parliaments
The statutory election timetable
The finalisation of Parliamentary business before a dissolution
Timetabling for the first meeting of a new Parliament
5 Confidence, dissolution, calling of parliaments, and government formation: key principles
Why constitutional conventions are important in a prerogative system
Inadequacy of the Government’s treatment of conventions
Published: 24 March 2021 Site information Accessibility statement