header-logo header-logo

29 April 2020 / Alec Samuels
Issue: 7884 / Categories: Features , Constitutional law
printer mail-detail

When the Prime Minister falls ill

19893
Alec Samuels addresses the quandary of dealing with illness or worse in No 10

What happens if the Prime Minister (PM) falls ill, or becomes incapacitated, or dies? The unwritten constitution does not give an answer. We pragmatically ‘bumble through’. The country is governed by the government, usually drawn from the political party with a majority or in command of the House of Commons. The function of government is carried out by the Cabinet. The Cabinet is chosen by the PM, exercising the power to hire and fire, who is a member albeit primus inter pares, first among equals, the leader. His or her influence is enormous.

It is rare for a PM to die in office. Spencer Perceval was assassinated in 1812. Palmerston died in office in 1865. Otherwise a dying PM has resigned, for example, Henry Campbell-Bannerman in 1908, and Andrew Bonar Law in 1923. Other PMs have resigned, thinking that they might be becoming ill and unfit, for example, Harold Macmillan in 1963, though

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

HFW—Simon Petch

HFW—Simon Petch

Global shipping practice expands with experienced ship finance partner hire

Freeths—Richard Lockhart

Freeths—Richard Lockhart

Infrastructure specialist joins as partner in Glasgow office

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll