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26 May 2017 / Neil Parpworth
Issue: 7747 / Categories: Features , Public , Constitutional law
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Plus ça change?

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Neil Parpworth considers the constitutional implications of the usage of the powers contained within the Fixed-term Parliaments Act 2011

  • This article considers the relatively new statutory arrangements regarding the holding of early Westminster elections.
  • It questions whether much has changed in terms of a prime minister’s ability to influence the timing of a general election.

The events of 18 and 19 April 2017 will come to be regarded as significant in the UK’s electoral history since they reflect the first usage of a new parliamentary procedure for the causing of an early general election to be held. In the discussion which follows, some of the more important constitutional implications of this development will be considered, and it will be questioned whether despite the avowed purpose of the Fixed-term Parliaments Act 2011, the holding of an early general election very much remains at the discretion of the PM.

The relevant law

Prior to the enactment of the 2011 Act the timing of a general election was very much a matter for the government

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MOVERS & SHAKERS

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

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Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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