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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
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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