Dissolution and Calling of Parliament Act 2022

Dissolution and Calling of Parliament Act 2022 is a significant piece of constitutional law in the United Kingdom that restored the historic power of the Prime Minister to request a dissolution of Parliament from the Monarch. The legislation, which received Royal Assent in March 2022, effectively repealed the Fixed-term Parliaments Act 2011 and returned the prerogative power for calling a general election to the executive. This change marked a major shift in the British constitution, re-establishing a key convention of the Westminster system after a decade of statutory fixed terms.

Background and legislative history

The impetus for the Act stemmed from widespread political dissatisfaction with the Fixed-term Parliaments Act 2011, which was introduced during the coalition government led by David Cameron and Nick Clegg. That Act had removed the prerogative power of dissolution, creating a system where early elections required either a two-thirds House of Commons majority or a successful vote of no confidence. This framework led to significant constitutional difficulties during the political deadlock over Brexit between 2017 and 2019, particularly following the 2017 election which resulted in a hung parliament. The Conservative Party manifesto for the 2019 general election pledged to repeal the 2011 Act. Following their victory, the government introduced the bill, which was scrutinized by the Joint Committee on the Fixed-term Parliaments Act and passed through both the House of Lords and the House of Commons.

Provisions of the Act

The central provision of the Act is the revival of the prerogative power to dissolve Parliament. It states that Parliament is automatically dissolved five years after its first meeting, unless dissolved earlier by the Sovereign, upon the advice of the Prime Minister. The Act explicitly ousts the jurisdiction of the courts from questioning any decision relating to its powers, a clause designed to prevent legal challenges like those seen in Miller/Cherry case in 2019. Furthermore, it repeals the specific mechanisms for early elections under the Fixed-term Parliaments Act 2011, namely the two-thirds majority requirement and the vote of no confidence procedure, returning to the conventional confidence and supply arrangements.

Repeal of the Fixed-term Parliaments Act 2011

The Act formally repealed the Fixed-term Parliaments Act 2011 in its entirety. This reversal was a core objective of the government, aiming to end what was viewed as an inflexible and problematic statute. The repeal restored the historical position that had existed for centuries prior to 2011, whereby the timing of a general election was a political judgment for the incumbent Prime Minister, subject to conventional constraints and the approval of the Monarch. The legislation also included transitional provisions to ensure the 58th Parliament was not subject to the old fixed-term rules.

Political and constitutional implications

The Act has profound implications for the British constitution, reinforcing the power of the executive and the role of constitutional convention over statute in this area. It strengthens the position of the Prime Minister by returning a key tactical advantage—the ability to choose an electorally favourable moment to call an election. Constitutional experts, including the Institute for Government, have noted it rebalances the relationship between the executive and legislature, potentially at the expense of Parliamentary sovereignty as enacted in the 2011 law. The ouster clause also represents a significant statement on the separation of powers, limiting judicial review by the Supreme Court.

Reaction and commentary

Reaction to the Act was divided along political lines. The governing Conservative Party, along with supporters like the DUP, argued it restored necessary flexibility and democratic accountability. Critics, including the Labour Party, the SNP, and the House of Lords Constitution Committee, warned it conferred excessive power on the Prime Minister and undermined Parliament. Think tanks such as the Constitution Society and academics from the University of Oxford and the London School of Economics debated its long-term impact on the UK's uncodified constitution. Commentary frequently referenced the turmoil of the Brexit era, with many viewing the Act as a direct response to the paralysis experienced during the Theresa May and Boris Johnson premierships.

Category:United Kingdom Acts of Parliament 2022 Category:Constitutional laws of the United Kingdom Category:Electoral legislation in the United Kingdom