Hypothetical question, next general election.

[R1Geezer]

Ok we know that last theoretical date for a general election is 10th May 2010. What actually would happen if that date just expires with the government not callng an election? Is there some point before that where some sort of Civil service protocol comes into force where an election is called on behalf of the Governement for 10th May?

[Parsfan]

The 5-year limit of a Parliament is set in statute, so presumably if the Government did not announce a general election when it needed to the opposition parties could go to court to force the issue. It is, as you say, purely hypothetical, as any government that didn't call an election in order to cling to power would be committing electoral suicide when they were eventually dragged to the polls.

[ABerrant]

The Royal Oppposition would need do nothing since the Parliament sits at the Monarch's pleasure.

Upon the expiration of the 5-year statutory lifetime of Parliament at midnight 10th May (and assuming no Act has been passed to extend its life) HM Queen Elizabeth would dissolve the present Parliament and a proclamation issued to summon a new Parliament. If the proclamation is issued immediately upon expiration the General Election would be on 3rd June.

[ABerrant]

Royal Opposition ??? - Oops, a senior moment there.

That should read "Her Majesty's Official Opposition"

[R1Geezer]

So there would be no government for 3 weeks? That's why I thought there must be a time prior to the cut off where some procedure or other must kick in.

[jake-the-peg]

I think you're making the assumption that we have a proper constitution where such things are laid down.

If the situation has never arisen there is often no real legislation covering it and we make it up as we go on.

This is often trumpeted as the flexibility of not having a written constitution by those who oppose enshrining such things in law

[ABerrant]

All of this is covered by many existing Statutes (Triennial Act 1694, Septennial Act 1715, Parliament Acts of 1911 and 1949 and the numerous Representation of the People Acts amongst many, many others).

Since it is customary to prorogue Parliament ahead of dissolution Goverment Departments always run on 'tickover' during the campaigning period for the General Election. This would be true whether the Prime Minister requested dissolution by The Queen ahead of expiration or if he allowed Parliament to 'time out' at which point The Queen automatically dissolves the Parliament. In each case The Queen issues a Royal Proclamation to dissolve and also orders the issue of the formal Writs of Election which require an election to be held in each constituency. The election is held 17 working days after the date of the Proclamation

If the party of the current Government fails to win the General Election then The Queen will commission the leader of the majority party to form her next Government.

[R1Geezer]

Thanks , so who's the governement/PM etc in the interim?

[ajmmac]

there is an automatic dissolution of parliament after 5 yrs if no election has been called--a new election must then be called within 3yrs--so you could have no parliament sitting for that time--last time it happened was during english civil war--no parliament for about 2.5 yrs i think

[R1Geezer]

yes so who runs the country in the interim?

[ABerrant]

As is always the case, the Civil Service implement the instructions of the Government Ministers given up to the point of dissolution.

[ABerrant]

...BTW ajmmac is incorrect that a General Election must be called within 3 years. As per my previous replies there are 17 working days between Proclamation of Dissolution (which includes the Summoning of a new Parliament) and the General Election. This period has existed for every Government since 1983 so there have been at least 5 previous occasions where this period of 'tickover' has existed (1987, 1992, 1997, 2001 and 2005).

Remember that whenever Parliament is dissolved there is not only no Government but there are no MPs either - Parliament ceases to be.