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08 November 2007 / Neil Parpworth
Issue: 7296 / Categories: Features , Constitutional law
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7 May 2009

Neil Parpworth presents the case for fixed-term Parliaments

The Parliament Act 1911 provides that the life of a Westminster Parliament is limited to five years. In effect, therefore, in the absence of exceptional circumstances justifying an extension, there must be a general election within five years of the previous election. Thus, unlike the devolved legislatures in Scotland, Wales and Northern Ireland, the Westminster Parliament does not sit for fixed terms. A general election may be called as and when the prime minister of the day desires, provided that the monarch agrees that Parliament be dissolved using her power under the royal prerogative. The political advantage which accrues to the party in government is therefore obvious and considerable.

POWER TO DISSOLVE PARLIAMENT

Had Gordon Brown asked the Queen to grant a dissolution last month, it is certain that she would have done as she was bid. To justify an election, Brown might have argued that, as a relatively new prime minister, it was important that his government obtained its own mandate from the electorate rather than rely on that which had been won by Tony

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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