Can the Queen still dissolve parliament?












4















Traditionally it has been the constitutional power of the monarch to dissolve parliament and trigger a general election at will.



Ostensibly, the Fixed Term Parliaments Act of 2011 removed this power.



However, since parliament derives its power from delegated royal prerogative and acts can only become law with royal assent. Is this actually binding and could the Queen still dissolve parliament if she so wished, even if she had to take a few steps to repeal that law first?










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    4















    Traditionally it has been the constitutional power of the monarch to dissolve parliament and trigger a general election at will.



    Ostensibly, the Fixed Term Parliaments Act of 2011 removed this power.



    However, since parliament derives its power from delegated royal prerogative and acts can only become law with royal assent. Is this actually binding and could the Queen still dissolve parliament if she so wished, even if she had to take a few steps to repeal that law first?










    share|improve this question







    New contributor




    Persistence is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
    Check out our Code of Conduct.























      4












      4








      4








      Traditionally it has been the constitutional power of the monarch to dissolve parliament and trigger a general election at will.



      Ostensibly, the Fixed Term Parliaments Act of 2011 removed this power.



      However, since parliament derives its power from delegated royal prerogative and acts can only become law with royal assent. Is this actually binding and could the Queen still dissolve parliament if she so wished, even if she had to take a few steps to repeal that law first?










      share|improve this question







      New contributor




      Persistence is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.












      Traditionally it has been the constitutional power of the monarch to dissolve parliament and trigger a general election at will.



      Ostensibly, the Fixed Term Parliaments Act of 2011 removed this power.



      However, since parliament derives its power from delegated royal prerogative and acts can only become law with royal assent. Is this actually binding and could the Queen still dissolve parliament if she so wished, even if she had to take a few steps to repeal that law first?







      united-kingdom constitutional-law






      share|improve this question







      New contributor




      Persistence is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
      Check out our Code of Conduct.











      share|improve this question







      New contributor




      Persistence is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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      asked 12 hours ago









      PersistencePersistence

      1233




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          2 Answers
          2






          active

          oldest

          votes


















          7














          Parliament derives its power from Britain's unwritten constitution, not from delegated royal prerogative. This certainly dates to at latest the Glorious Revolution. The Bill of Rights 1688 explicitly confirmed that the King has no power to dispense with laws, and the Case of Proclamations in 1610 established that the King could not legislate without the consent of Parliament. The ultimate authority in the UK is not the Queen, it's the Queen in Parliament (in other words, Parliamentary action with royal assent).






          share|improve this answer





















          • 2





            Well that answers that one then. So to check I understand you right, neither parliament nor the Queen are sovereign but the composition of the two are.

            – Persistence
            9 hours ago











          • I feel the answer is only partially complete, as it's missing whether or not the Queen could dissolve parliament. For example, if Queen's law requires parliament's consent, then can the Queen still dissolve parliament if parliament, for some reason, agrees? Can the Queen, in certain instances, override parliament?

            – SSight3
            6 hours ago











          • @SSight As noted in the question, the FTPA removed that ability. Parliament is only dissolved 25 days before an election, and an election only happens after 5 years, a motion of no confidence, or a 2/3 vote of the Commons.

            – cpast
            5 hours ago






          • 1





            @Persistence Essentially. The union of the Queen in Parliament (which is sometimes just called "Parliament" with the Queen being a part of Parliament) has supreme legislative authority, unbound by any formal constitutional restrictions except the rule that it can't stop future Parliaments from changing things again. It might need to be explicit about changing rules, but it can change them.

            – cpast
            4 hours ago











          • The Queen in Parliament, is that what the mace is for?

            – gerrit
            3 hours ago



















          0














          Parliament is dissolved at the beginning of the 25th day before a general election under s3 of the Fixed-term Parliaments Act 2011. ss 1-2 deal with setting the dates of general elections and they are automatic, chosen (within limits) by the Prime Minister or triggered by a motion of Parliament - the Monarch has no role.






          share|improve this answer























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            2 Answers
            2






            active

            oldest

            votes








            2 Answers
            2






            active

            oldest

            votes









            active

            oldest

            votes






            active

            oldest

            votes









            7














            Parliament derives its power from Britain's unwritten constitution, not from delegated royal prerogative. This certainly dates to at latest the Glorious Revolution. The Bill of Rights 1688 explicitly confirmed that the King has no power to dispense with laws, and the Case of Proclamations in 1610 established that the King could not legislate without the consent of Parliament. The ultimate authority in the UK is not the Queen, it's the Queen in Parliament (in other words, Parliamentary action with royal assent).






            share|improve this answer





















            • 2





              Well that answers that one then. So to check I understand you right, neither parliament nor the Queen are sovereign but the composition of the two are.

              – Persistence
              9 hours ago











            • I feel the answer is only partially complete, as it's missing whether or not the Queen could dissolve parliament. For example, if Queen's law requires parliament's consent, then can the Queen still dissolve parliament if parliament, for some reason, agrees? Can the Queen, in certain instances, override parliament?

              – SSight3
              6 hours ago











            • @SSight As noted in the question, the FTPA removed that ability. Parliament is only dissolved 25 days before an election, and an election only happens after 5 years, a motion of no confidence, or a 2/3 vote of the Commons.

              – cpast
              5 hours ago






            • 1





              @Persistence Essentially. The union of the Queen in Parliament (which is sometimes just called "Parliament" with the Queen being a part of Parliament) has supreme legislative authority, unbound by any formal constitutional restrictions except the rule that it can't stop future Parliaments from changing things again. It might need to be explicit about changing rules, but it can change them.

              – cpast
              4 hours ago











            • The Queen in Parliament, is that what the mace is for?

              – gerrit
              3 hours ago
















            7














            Parliament derives its power from Britain's unwritten constitution, not from delegated royal prerogative. This certainly dates to at latest the Glorious Revolution. The Bill of Rights 1688 explicitly confirmed that the King has no power to dispense with laws, and the Case of Proclamations in 1610 established that the King could not legislate without the consent of Parliament. The ultimate authority in the UK is not the Queen, it's the Queen in Parliament (in other words, Parliamentary action with royal assent).






            share|improve this answer





















            • 2





              Well that answers that one then. So to check I understand you right, neither parliament nor the Queen are sovereign but the composition of the two are.

              – Persistence
              9 hours ago











            • I feel the answer is only partially complete, as it's missing whether or not the Queen could dissolve parliament. For example, if Queen's law requires parliament's consent, then can the Queen still dissolve parliament if parliament, for some reason, agrees? Can the Queen, in certain instances, override parliament?

              – SSight3
              6 hours ago











            • @SSight As noted in the question, the FTPA removed that ability. Parliament is only dissolved 25 days before an election, and an election only happens after 5 years, a motion of no confidence, or a 2/3 vote of the Commons.

              – cpast
              5 hours ago






            • 1





              @Persistence Essentially. The union of the Queen in Parliament (which is sometimes just called "Parliament" with the Queen being a part of Parliament) has supreme legislative authority, unbound by any formal constitutional restrictions except the rule that it can't stop future Parliaments from changing things again. It might need to be explicit about changing rules, but it can change them.

              – cpast
              4 hours ago











            • The Queen in Parliament, is that what the mace is for?

              – gerrit
              3 hours ago














            7












            7








            7







            Parliament derives its power from Britain's unwritten constitution, not from delegated royal prerogative. This certainly dates to at latest the Glorious Revolution. The Bill of Rights 1688 explicitly confirmed that the King has no power to dispense with laws, and the Case of Proclamations in 1610 established that the King could not legislate without the consent of Parliament. The ultimate authority in the UK is not the Queen, it's the Queen in Parliament (in other words, Parliamentary action with royal assent).






            share|improve this answer















            Parliament derives its power from Britain's unwritten constitution, not from delegated royal prerogative. This certainly dates to at latest the Glorious Revolution. The Bill of Rights 1688 explicitly confirmed that the King has no power to dispense with laws, and the Case of Proclamations in 1610 established that the King could not legislate without the consent of Parliament. The ultimate authority in the UK is not the Queen, it's the Queen in Parliament (in other words, Parliamentary action with royal assent).







            share|improve this answer














            share|improve this answer



            share|improve this answer








            edited 7 hours ago









            Steve Melnikoff

            1,201511




            1,201511










            answered 9 hours ago









            cpastcpast

            12.9k12559




            12.9k12559








            • 2





              Well that answers that one then. So to check I understand you right, neither parliament nor the Queen are sovereign but the composition of the two are.

              – Persistence
              9 hours ago











            • I feel the answer is only partially complete, as it's missing whether or not the Queen could dissolve parliament. For example, if Queen's law requires parliament's consent, then can the Queen still dissolve parliament if parliament, for some reason, agrees? Can the Queen, in certain instances, override parliament?

              – SSight3
              6 hours ago











            • @SSight As noted in the question, the FTPA removed that ability. Parliament is only dissolved 25 days before an election, and an election only happens after 5 years, a motion of no confidence, or a 2/3 vote of the Commons.

              – cpast
              5 hours ago






            • 1





              @Persistence Essentially. The union of the Queen in Parliament (which is sometimes just called "Parliament" with the Queen being a part of Parliament) has supreme legislative authority, unbound by any formal constitutional restrictions except the rule that it can't stop future Parliaments from changing things again. It might need to be explicit about changing rules, but it can change them.

              – cpast
              4 hours ago











            • The Queen in Parliament, is that what the mace is for?

              – gerrit
              3 hours ago














            • 2





              Well that answers that one then. So to check I understand you right, neither parliament nor the Queen are sovereign but the composition of the two are.

              – Persistence
              9 hours ago











            • I feel the answer is only partially complete, as it's missing whether or not the Queen could dissolve parliament. For example, if Queen's law requires parliament's consent, then can the Queen still dissolve parliament if parliament, for some reason, agrees? Can the Queen, in certain instances, override parliament?

              – SSight3
              6 hours ago











            • @SSight As noted in the question, the FTPA removed that ability. Parliament is only dissolved 25 days before an election, and an election only happens after 5 years, a motion of no confidence, or a 2/3 vote of the Commons.

              – cpast
              5 hours ago






            • 1





              @Persistence Essentially. The union of the Queen in Parliament (which is sometimes just called "Parliament" with the Queen being a part of Parliament) has supreme legislative authority, unbound by any formal constitutional restrictions except the rule that it can't stop future Parliaments from changing things again. It might need to be explicit about changing rules, but it can change them.

              – cpast
              4 hours ago











            • The Queen in Parliament, is that what the mace is for?

              – gerrit
              3 hours ago








            2




            2





            Well that answers that one then. So to check I understand you right, neither parliament nor the Queen are sovereign but the composition of the two are.

            – Persistence
            9 hours ago





            Well that answers that one then. So to check I understand you right, neither parliament nor the Queen are sovereign but the composition of the two are.

            – Persistence
            9 hours ago













            I feel the answer is only partially complete, as it's missing whether or not the Queen could dissolve parliament. For example, if Queen's law requires parliament's consent, then can the Queen still dissolve parliament if parliament, for some reason, agrees? Can the Queen, in certain instances, override parliament?

            – SSight3
            6 hours ago





            I feel the answer is only partially complete, as it's missing whether or not the Queen could dissolve parliament. For example, if Queen's law requires parliament's consent, then can the Queen still dissolve parliament if parliament, for some reason, agrees? Can the Queen, in certain instances, override parliament?

            – SSight3
            6 hours ago













            @SSight As noted in the question, the FTPA removed that ability. Parliament is only dissolved 25 days before an election, and an election only happens after 5 years, a motion of no confidence, or a 2/3 vote of the Commons.

            – cpast
            5 hours ago





            @SSight As noted in the question, the FTPA removed that ability. Parliament is only dissolved 25 days before an election, and an election only happens after 5 years, a motion of no confidence, or a 2/3 vote of the Commons.

            – cpast
            5 hours ago




            1




            1





            @Persistence Essentially. The union of the Queen in Parliament (which is sometimes just called "Parliament" with the Queen being a part of Parliament) has supreme legislative authority, unbound by any formal constitutional restrictions except the rule that it can't stop future Parliaments from changing things again. It might need to be explicit about changing rules, but it can change them.

            – cpast
            4 hours ago





            @Persistence Essentially. The union of the Queen in Parliament (which is sometimes just called "Parliament" with the Queen being a part of Parliament) has supreme legislative authority, unbound by any formal constitutional restrictions except the rule that it can't stop future Parliaments from changing things again. It might need to be explicit about changing rules, but it can change them.

            – cpast
            4 hours ago













            The Queen in Parliament, is that what the mace is for?

            – gerrit
            3 hours ago





            The Queen in Parliament, is that what the mace is for?

            – gerrit
            3 hours ago











            0














            Parliament is dissolved at the beginning of the 25th day before a general election under s3 of the Fixed-term Parliaments Act 2011. ss 1-2 deal with setting the dates of general elections and they are automatic, chosen (within limits) by the Prime Minister or triggered by a motion of Parliament - the Monarch has no role.






            share|improve this answer




























              0














              Parliament is dissolved at the beginning of the 25th day before a general election under s3 of the Fixed-term Parliaments Act 2011. ss 1-2 deal with setting the dates of general elections and they are automatic, chosen (within limits) by the Prime Minister or triggered by a motion of Parliament - the Monarch has no role.






              share|improve this answer


























                0












                0








                0







                Parliament is dissolved at the beginning of the 25th day before a general election under s3 of the Fixed-term Parliaments Act 2011. ss 1-2 deal with setting the dates of general elections and they are automatic, chosen (within limits) by the Prime Minister or triggered by a motion of Parliament - the Monarch has no role.






                share|improve this answer













                Parliament is dissolved at the beginning of the 25th day before a general election under s3 of the Fixed-term Parliaments Act 2011. ss 1-2 deal with setting the dates of general elections and they are automatic, chosen (within limits) by the Prime Minister or triggered by a motion of Parliament - the Monarch has no role.







                share|improve this answer












                share|improve this answer



                share|improve this answer










                answered 1 hour ago









                Dale MDale M

                51.1k23072




                51.1k23072






















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