Restoring confidence: Replacing the Fixed-term Parliaments Act 2011

This paper begins by considering the Fixed-term Parliaments Act 2011 (‘FTPA’), and the political constitution, placing it in its political and constitutional context. It sets out the background to the FTPA which was a part of a Coalition agreement and considers difficulties with the most commonly made argument in favour of Fixed-term Parliaments.

The second part of the article then considers the impact of a bare repeal and addresses the potential practical legal consequences if the FTPA is repealed without any replacement. It then argues it will only be possible to revive the 'dissolution' prerogative if it is done with express words in a new Act. The final part of the article addresses the question of whether the prerogative should be revived, before arguing that it should not, and that a statutory power to call an election should be conferred on the Prime Minister subject to a vote by simple majority in the House of Commons.