andrewducker: (Default)
[personal profile] andrewducker
Just to be clear on this, as I see a lot of people talking about this as if it's inevitable that there be one following the referendum. Or a belief that a change in Prime Minister requires a new general election. Neither of which is even slightly true.

The Prime Minister is the person who is supported by the House of Commons. Which generally means a majority of the MPs in the House of Commons. Which generally means either a single party or a coalition of parties who have more than 50% of the MPs. Changing PM can happen because a majority of MPs support a different person for Prime Minister. This can happen because the leader of a party (or coalition) resigns, or is forced out, and is replaced by a new one. Or because a general election is called and the allegiance of The House changes because its makeup has changed.

A general election is triggered in one of three ways*:
1) The House of Commons holds a vote of No Confidence, and doesn't hold a vote of Confidence within two weeks.
2) A 2/3 majority resolves to hold an election.
3) Repealing the Fixed-Term Parliaments act.

(1)Would require the Conservatives to No-Confidence themselves out of office. Not impossible, but looks pretty silly.
(2)Providing Labour and the Conservatives both agree that an election would be a good idea, this looks like the easiest route.
(3)Would work easily, but option (2) is probably easier, as it doesn't require a new law to be passed (and the faff it would cause).

You might ask, why does the Fixed-Term Parliaments act exist if it's easy for the current government to override it? And the answer is that if there is a split House of Commons, involving a coalition, then one member of the coalition can't just declare an election, it requires a majority or a supermajority to do so.

*Because of the Fixed Term Parliaments Act of 2011.

Date: 2016-07-04 03:45 pm (UTC)
matgb: Artwork of 19th century upper class anarchist, text: MatGB (Default)
From: [personal profile] matgb
Regarding option one, Dunleavy is of the opinion it's non viable

@matgb Queen must uphold laws if Parliamentary majority won't. Fake 'no confidence' vote wd trigger constitutional crisis - she must reject

— Patrick Dunleavy (@PJDunleavy) June 30, 2016



I, personally, disagree with him but it's a matter of interpreting the ceremonial/precedent side of the constitution and he's closer to those that'd advise her than I am.

2 is most likely, but it'll require the Labour party being able and willing to fight, which at the moment is looking less likely, the coup plotters genuinely thought that the nice man of principle would go for the good of the party.

Date: 2016-07-04 04:40 pm (UTC)
pseudomonas: per bend sinister azure and or a chameleon counterchanged (Default)
From: [personal profile] pseudomonas
#3 would have to go through the House of Lords or require faffy use of teh Parliament act.

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