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Boris Johnson will eliminate the need for parliamentary approval to call elections and will prohibit the courts from challenging the dissolution of parliament under legislation that returns powers to the prime minister.
Johnson published legislation Tuesday to eliminate the Fixed-Term Parliaments Act passed by the Conservatives as part of a deal with the Liberal Democrats in 2010 to ensure a stable coalition government. It means that parliaments should serve a fixed term of five years, but the 2017 and 2019 elections annulled it twice.
The most controversial change is an attempt to prevent the courts from ruling on the powers of the government to dissolve parliament. The move will be seen as a direct retaliation against the Supreme Court, which humiliated Johnson last year after it ruled that his extension of parliament at a key point in the Brexit talks was illegal.
The Cabinet Office confirmed that the legislation would “reaffirm the longstanding position that prerogative powers are not reviewable by the courts, providing legal clarity.”
Parliament’s fixed term can only be overridden by a two-thirds majority in favor of an early election, causing chaos during the hung parliament in fall 2019 because MPs refused to back Johnson’s demand for an election. Over time, however, both Labor and Liberal Democrats gave in to the pressure.
Johnson vowed during the 2019 general election campaign to scrap the law, and returning the power to call elections to the prime minister’s control will give him the opportunity to determine the timing of the 2024 election.
Many have assumed the vote will be in May, but it could be until December and the returned power gives Johnson the advantage of being able to time a poll to maximize his chances of winning a second term. Ultimately, the decision rests with the queen, who acts on the advice of the prime minister.
Cabinet Office Minister Chloe Smith said the decision to scrap the law was a return to the tried and tested system. “The Fixed Term Parliaments Act caused constitutional chaos last year which, when combined with a total stalemate in parliament, meant that the previous government was unable to comply with what it was asked to do,” he said.
“Ultimately, at critical times for our country, we trust the public to decide. So we return to the system that allows elections to be held when they are needed. We want to go back to constitutional arrangements that give people more confidence in what to expect and more security. “
The legislation will be accompanied by a draft set of principles that will support the legal framework for the dissolution of parliament and will inform what would happen if a prime minister lost a vote of confidence. Johnson’s predecessor, Theresa May, was subject to such a vote in January 2019, but won.
Dr. Jessica Garland, director of policy and research for the Electoral Reform Society, said the government should make efforts to decentralize power, rather than reclaim it. “The UK already has one of the most centralized political systems among modern democracies, so any plan to give our already dominant executive more powers must be carefully scrutinized and treated with caution,” he said.
“Any reform to our policy must be done in order to move the powers away from the center, which already has significant control over the Commons and Lords, which the Prime Minister can fill with appointees at will.
“Instead, the government should seek to transfer power to voters and other representatives, to bring politics closer to the people, rather than further entrenching power in the executive.”
