header-logo header-logo

26 May 2017 / Neil Parpworth
Issue: 7747 / Categories: Features , Public , Constitutional law
printer mail-detail

Plus ça change?

nlj_7747_parpworth

Neil Parpworth considers the constitutional implications of the usage of the powers contained within the Fixed-term Parliaments Act 2011

  • This article considers the relatively new statutory arrangements regarding the holding of early Westminster elections.
  • It questions whether much has changed in terms of a prime minister’s ability to influence the timing of a general election.

The events of 18 and 19 April 2017 will come to be regarded as significant in the UK’s electoral history since they reflect the first usage of a new parliamentary procedure for the causing of an early general election to be held. In the discussion which follows, some of the more important constitutional implications of this development will be considered, and it will be questioned whether despite the avowed purpose of the Fixed-term Parliaments Act 2011, the holding of an early general election very much remains at the discretion of the PM.

The relevant law

Prior to the enactment of the 2011 Act the timing of a general election was very much a matter for the government of the day. Prime ministers were able to steel a

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

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
back-to-top-scroll