The looming uncertainty around Johnson’s term in office is not just a perfect setting for political intrigue, but may also have something to offer to students of constitutional law. It should draw our attention to one of the fundamental questions of the UK constitutional process – how should we choose or remove a Prime Minister between general elections? The constitutional theory is straightforward. To become a Prime Minister, an MP must enjoy the confidence of the majority of the members of the House of Commons. Constitutionally, therefore, Parliament, not the electorate, selects the PM for appointment by the Queen. Hence, the House of Commons as a whole should remove and select the PM. According to this theory, then, Johnson would be removed if he loses a vote of confidence on the floor of the House of Commons. The classical formulation is neat but incomplete. Most importantly, it does not take…
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