Will Theresa May call an early General Election? And would it resolve things if she did?

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Theresa May has ruled out an early general election, but that has not stopped predictable calls for her to trigger one on the grounds that her elevation to the premiership without a general election is undemocratic. Robert Hazell suggests that in saying that an early general election is not necessary she is entirely correct: the idea that Prime Ministers need a personal mandate is a misunderstanding of our parliamentary system. Were she to want to hold an election it would not be impossible for her to do so, but the Fixed-term Parliaments Act makes this more complicated than it has historically been and, in the context of Brexit, it is unclear what an early election would resolve in any case.

Does a new Prime Minister need a democratic mandate?

As soon as it was announced that Theresa May would be elected unopposed in the second stage of the Tory leadership race, and so would become Prime Minister, the predictable cries went up that this was undemocratic. No one had voted for her, it was said, other than the 35,000 electors in Maidenhead who voted for her at the 2015 general election, and the 199 MPs who voted for her in the final ballot amongst Tory MPs. The 150,000 members of the Conservative party had been deprived of any choice in the matter, let alone the 46 million electors in the country at large.

Theresa May has herself ruled out the need for an early election. Constitutionally she is entirely correct: the idea that prime ministers need a personal mandate is based upon a fundamental misunderstanding of our parliamentary system. Only in presidential systems is the head of the government directly elected. In parliamentary systems we elect a parliament, not a government. Parliamentary elections are a two stage process: after we have elected a parliament, the new parliament then determines who forms the government. And it is not uncommon for the head of government to change part way through a parliament, and not to call a general election.That has happened five times since the Second World War: when Harold Macmillan succeeded Eden in 1957, when he in turn was replaced by Alec Douglas-Home in 1963, when James Callaghan succeeded Harold Wilson in 1975, when John Major followed Margaret Thatcher in 1990, and when Gordon Brown succeeded Tony Blair in 2007. So far as I can recall, only in the last case was it suggested that the new Prime Minister needed to call a second election.

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Can David Cameron call a second election? How does that fit with the Fixed Term Parliaments Act?

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Robert Hazell outlines how the Fixed Term Parliaments Act restricts the new government from calling a second election. He writes that if Cameron wanted to take a gamble to boost his slender majority, he would have to work within the confines of the Act given the likely complexities of any attempt to repeal it.

This is the third in a series of posts based on the Unit’s latest report, Devolution and the Future of the Union, published here.

Now that David Cameron has won, but only with a slender majority, speculation will turn to whether his government will last a full five years; and whether he could improve his numbers by calling a second election. In the run up to the election there was talk of the new government calling a second election after a year or so, as Harold Wilson did in 1966 and again in 1974. This kind of speculation is wild. It is no longer possible for the Prime Minister to seek an early dissolution, because the prerogative power to dissolve Parliament was abolished by the Fixed Term Parliaments Act 2011. It is now up to Parliament to decide whether there should be an early election. Under the Act there are only two ways in which Parliament can be dissolved early:

  • By a motion ‘that there shall be an early parliamentary general election’ passed by at least two thirds of the House of Commons (s 2(1))
  • By a formal no confidence motion, in the statutory form prescribed in the Act (that ‘this House has no confidence in Her Majesty’s Government’), passed by a simple majority of those voting (s 2(3)). If no alternative government can be formed within 14 days which can command confidence, Parliament is dissolved and an early election held.

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