Summary
Summary public law
- Module
- Public Law
- Institution
- University Of Winchester (UoW)
Summary of 8 pages for the course Public Law at UoW (parliament)
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Outline;Elections and Fixed-term Parliaments Act 2011
From last week
[Appointment of Prime Minister]
The “life” of a Parliament
The House of Commons
The House of Lords
Primary Legislative Procedure
When the Commons & Lords disagree;
EVEL
Delegated Legislation
Scrutinising Government
Fixed Term Parliaments act 2011
Legally, Parliament is not a permanent institution.
Until 5th November, this was the 57th Parliament of the United Kingdom.
Parliament is summoned by the monarch; and exists until it is dissolved according to the Fixed-term Parliaments Act
2011.
It is dissolution which triggers elections.
When Parliament is dissolved, all seats are vacant.
It means that currently there are no MPs!
Dissolution
Used to be a prerogative power, exercised by the Queen on advice of the PM.
Fixed-term Parliaments Act 2011;
s 1(2) Set that the date of the next election after the passing of the Act was 7th May 2015.
s 1(3) Later elections are the first Thursday in May in the 5th calendar year following that in which the previous general
election was held.
Next election would have been due on 7th May 2020.
So what Happened?
S 2(1)-(2): 66% Method
When at least 66% of MPs by number of seats (434) vote in favour of the motion -
“That there shall be an early parliamentary general election”.
Theresa May used this method in 2017.
In 2019: Johnson tried three times
4th Sept - 298 in favour / 56 against
10th Sept - 293 in favour / 46 against
24th Oct - 299 in favour / 70 against
Early Parliamentary General Election Act 2019
s 1(1) “An early parliamentary general election is to take place on 12 December 2019 in consequence of the passing of
this Act”.
s 2(2) “That day is to be treated as a polling day appointed under section 2(7) of the Fixed-term Parliaments Act 2011”.
Ironically passed by more than 66% of MPs…
But could be passed by a simple majority of MPs…
FTPA 2011 - No confidence Method
s 2(3)-(5): No confidence method
MPs passes the motion;
“That this House has no confidence in Her Majesty’s Government”.
, 14 days pass without the Commons passing the motion…
“That this House has confidence in Her Majesty’s Government”.
What happens during those 14 days?
Cabinet Manual
Broader effect on confidence?
If the government kept losing in the Commons, it could request a dissolution.
If the Opposition thought it would win an election, it would table a motion of no confidence.
Summarise
Default: Parliament is dissolved every five years.
Unless
66% of MPs vote for an early election.
No confidence method is used
Or an Act of Parliament is passed.
Reform?
Conservative 2017 General Election Manifesto - repeal and replace the Act?
Require a vote with a simple majority?
General Election
UK split up into 650 constituencies.
Each returns 1 MP at the election.
Candidates stand in a constituency.
Candidate with the most votes in that constituency wins.
Candidates may (usually) represent a particular political party
General Election
Why do people vote for a particular candidate?
Party
Party Leader?
Policies
Party manifestos each party publishes.
Personalities
Local MP?
Voting
Choose a candidate - X in the box.
Can only vote if registered to vote.
https://www.gov.uk/register-to-vote
Easiest if you have your National Insurance Number.
Students can be registered in two places
Term-time address
Home address
Can only vote once in one constituency.
Which constituency should I vote in?
What Will Happen?
Very much unknown.
Conservatives close to a majority last time.
Labour need 64 seats to gain a majority
Brexit dimension?
Will Brexit Party take votes of Conservatives? Allow Labour/Lib Dems to win seats?
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