It’s a corrupt convention but it wasn’t always the case. An important reform by the 2010-15 coalition government was the Fixed Term Parliaments Act, which took this incredibly important decision out of the prime minister’s partisan hands and have elections on a predictable 5 year cycle (barring the government falling or a supermajority for early elections).
After Boris Johnson won the 2019 election though, he set about dismantling checks and balances such as this. He also changed the electoral system for mayoral elections to First Past the Post (with no consultation or referendum - which the Tories have always insisted was needed to change the electoral system away from FPTP…) because FPTP tends to favour Tories.
Wait? Is the current political leader allowed to just change how votes are counted for the next election?! Is this why the Wikipedia article for how election in England work is just incomprehensible garbage?
All of our constitutional law takes the form of Acts of Parliament that can be amended or repealed with a 50%+1 vote in Parliament - unlike most countries where the constitution sits above the parliament and changing it requires a supermajority and/or a referendum. Boris had a majority so he could change the constitution. It’s a totally messed up system.
One reason British liberals as so passionate about internationalism and the European Union is that international treaties and EU law are some of the few mechanisms we have had for constraining executive overreach, since they sit outside and above Parliament’s remit. For example, even if Parliament were to repeal the Human Rights Act, Britain remains a party to the European Convention on Human Rights (which is why some Tories now talk about withdrawing from this too). Without international safeguards external to the UK, in theory all that stands between Britain and despotism is a simple majority vote in Parliament.
Everything is eventually decided by the majority of votes in the house of commons. Even if you put a law in saying that the pm can’t do this without a 80% vote, that law itself could be repealed with a 50% vote.
Theoretically it would only require a 50% vote to remove elections or something crazy. (Although in practice that might not get past the king who technically has the final say)
There is no formal constitution that has more protection like in some countries.
Can’t they create a law which says that the PM cannot do something without 80% of the votes and that the law itself requires the same amount of votes to be modified or superseded in any way?
It’s been a while since my politics A level, so I may get some of the terms wrong but hopefully the facts right.
As the UK doesn’t have a formal constitution, it relies on convention and that parliament is effectively all powerful (under the crown) in that if parliament (encompassing both houses in this context) votes for something it can do it. (As it represents the will of the people and has the authority of the crown (less relevant in the modern day))
Parliament can’t therefore lock a decision in such a way that a future parliament can’t change because the future parliament is still all powerful.
In practice though this isn’t entirely the case. You can make a law like you said, and while a future parliament can break it, it would (probably) look bad on them. But what does that do to stop politicians?
A further note on the previous chain - we go have two houses of parliament; the house of commons is the main one with the green benches that most will recognise. It has our elected representatives (MPs) in and (normally) where the PM is selected from.
The house of lords (red benches, appointed members for life) is generally considered the check chamber. It used to be able to block laws entirely, but I believe lost that power semi recently and it can now be overruled by the commons after 2/3 rejections.
A similar problem occurs when accessing legislative or parliamentary sovereignty, which holds a specific legal institution to be omnipotent in legal power, and in particular such an institution’s ability to regulate itself.
And tbh, a parliament which cannot regulate itself is a fairly powerless parliament.
It’s a corrupt convention but it wasn’t always the case. An important reform by the 2010-15 coalition government was the Fixed Term Parliaments Act, which took this incredibly important decision out of the prime minister’s partisan hands and have elections on a predictable 5 year cycle (barring the government falling or a supermajority for early elections).
After Boris Johnson won the 2019 election though, he set about dismantling checks and balances such as this. He also changed the electoral system for mayoral elections to First Past the Post (with no consultation or referendum - which the Tories have always insisted was needed to change the electoral system away from FPTP…) because FPTP tends to favour Tories.
Wait? Is the current political leader allowed to just change how votes are counted for the next election?! Is this why the Wikipedia article for how election in England work is just incomprehensible garbage?
All of our constitutional law takes the form of Acts of Parliament that can be amended or repealed with a 50%+1 vote in Parliament - unlike most countries where the constitution sits above the parliament and changing it requires a supermajority and/or a referendum. Boris had a majority so he could change the constitution. It’s a totally messed up system.
One reason British liberals as so passionate about internationalism and the European Union is that international treaties and EU law are some of the few mechanisms we have had for constraining executive overreach, since they sit outside and above Parliament’s remit. For example, even if Parliament were to repeal the Human Rights Act, Britain remains a party to the European Convention on Human Rights (which is why some Tories now talk about withdrawing from this too). Without international safeguards external to the UK, in theory all that stands between Britain and despotism is a simple majority vote in Parliament.
Everything is eventually decided by the majority of votes in the house of commons. Even if you put a law in saying that the pm can’t do this without a 80% vote, that law itself could be repealed with a 50% vote.
Theoretically it would only require a 50% vote to remove elections or something crazy. (Although in practice that might not get past the king who technically has the final say)
There is no formal constitution that has more protection like in some countries.
Can’t they create a law which says that the PM cannot do something without 80% of the votes and that the law itself requires the same amount of votes to be modified or superseded in any way?
It’s been a while since my politics A level, so I may get some of the terms wrong but hopefully the facts right.
As the UK doesn’t have a formal constitution, it relies on convention and that parliament is effectively all powerful (under the crown) in that if parliament (encompassing both houses in this context) votes for something it can do it. (As it represents the will of the people and has the authority of the crown (less relevant in the modern day))
Parliament can’t therefore lock a decision in such a way that a future parliament can’t change because the future parliament is still all powerful.
In practice though this isn’t entirely the case. You can make a law like you said, and while a future parliament can break it, it would (probably) look bad on them. But what does that do to stop politicians?
A further note on the previous chain - we go have two houses of parliament; the house of commons is the main one with the green benches that most will recognise. It has our elected representatives (MPs) in and (normally) where the PM is selected from.
The house of lords (red benches, appointed members for life) is generally considered the check chamber. It used to be able to block laws entirely, but I believe lost that power semi recently and it can now be overruled by the commons after 2/3 rejections.
But then parliament isn’t all powerful, is it? See the omnipotence paradox:
And tbh, a parliament which cannot regulate itself is a fairly powerless parliament.
Holy shit, no wonder the empire is fucking dying.