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Parliamentary Change: A Step To Far?Featured PR

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Leicestershire, Leicester, United Kingdom (prbd.net) 08/10/2010

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The Liberal Democrat – Conservative government have proposed a number of reforms for parliament and the law itself. But several legal experts gasped when they heard the latest with regard to fixed term parliaments.

The coalition was formed because there was no clear majority as a result of the election. But the two parties negotiated for nearly five days attempting to reach a consensus on key issues. The Liberal Democrats had been rooting for the reform of parliament throughout their election campaign, and it looks like they got it.

The agreement between the two parties discussing many issues, one of which states the following: “The parties agree to the establishment of five year fixed-term parliaments”. Over the next few days the Liberal Democrats and the Conservatives will put a binding motion together and before the House of Commons which will state that the next General Election will be held on the first Thursday of May 2015.

But that is not all. What will follow will be primary legislation which would result in each parliament being fixed to a five year term and that in order to dissolve a government before that term, a 55% majority will be needed. Scott Styles, a senior lecturer in the School of Law at Aberdeen University has described this as “truly astounding”. The new Prime Minister, David Cameron, has given up, without protest, one of his basis political rights – the right to call a general election. This is legal, but politically unwise.

The second ramification of this move is potentially more disturbing. By raising the bar to a vote of no confidence in government to 55%, the government could potential continually legislate in order to protect their position. There is nothing to stop the government legislating for a 60% majority, or a 70% majority. Many commentators have blasted that a majority is a majority simple as, and that deviating from the 51% bar could steer the government into potential murky legal waters.

Another concern, is that this is not a prime ministerial power that is being surrendered but a power of the House of Commons. Democratically and legally this seems to be almost an abuse of power by the coalition. Of course it could be counter legislated by the House of Commons, but that would require the approval of the House of Lords. David Cameron has potentially handed to power of government to the House of Lords!

Antonia Torr is a graduate from the University of Leicester, with a degree in Law with European Union Law. Having enjoyed writing from a young age, Antonia has received numerous awards that act as a testament to her quality of writing. Should you wish to read more of Antonia’s work, feel free to visit her at www.qualitysolicitors.com. There you will be able to find all the resources you need, from law guides to actually finding a solicitor. Why not pop in to a Quality Solicitors Branch today, or visit our website at http://www.qualitysolicitors.com to find the nearest one.

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