Robert Craig: Zombie Prerogatives Should Remain Decently Buried: Replacing the Fixed-term Parliaments Act 2011 (Part 2)

UK Constitutional Law Association

Editors’ note: This is the second of a two-part contribution. The first part may be found here.

Part 2: What should replace the FTPA?

A previous post argued that a bare repeal of the Fixed-term Parliaments Act 2011 (‘FTPA’) would not revive the dissolution prerogative. A new statute with clear words would be required in order to revive it. This post addresses the separate question of what should replace the FTPA if the Conservatives are returned to power.

IV

Should the prerogative be reinstated?

The surprisingly deep question of whether the prerogative could be reinstated is entirely separate to whether it should be reinstated. This post suggests it should not. Instead, a statutory power to call a general election should be conferred on the Prime Minister subject to one restriction. This suggestion is based on the potential difficulties that could occur if the prerogative is expressly revived. It is…

View original post 2,130 more words

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