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Dissolution And Calling Of Parliament Act 2022

Policy background

  1. In its 2019 General Election manifesto, the Government committed to repealing the 2011 Act. The Act gives effect to that commitment. By making express provision to make the prerogative power to dissolve Parliament exercisable again, Parliament can be dissolved by the Sovereign, on the request of the Prime Minister, as if the 2011 Act had never been enacted. This means Governments can call a general election at the time of their choosing within the life of a Parliament.
  2. It is settled law that the dissolution of Parliament (and any decisions relating to the dissolution of Parliament) is not reviewable by the courts. In order to ensure that this position is preserved, and to ensure maximum certainty on the timing of a parliamentary election, the Act makes explicit provision to this effect.
  3. The Act also provides that Parliament shall sit for a maximum term of five years.
  4. The Joint Committee on the Fixed-term Parliaments Act conducted pre-legislative scrutiny on this legislation and reported on 24 March 2021. 1

1 Joint Committee on the Fixed-Term Parliaments Act Report , 24 March 2021. The Committee scrutinised the Government’s draft version of the Bill, which was published as the Draft Fixed-term Parliaments Act 2011 (Repeal) Bill on 1 December 2020: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/940027/Draft-Fixed-term-Parliaments-Act-Repeal-Bill.pdf . The Government changed the name of the legislation in response to the Joint Committee’s report.

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