The United Kingdom has an uncodified constitution. The constitution consists of legislation, common law, Crown prerogative and constitutional conventions. Conventions may be written or unwritten. They are principles of behaviour which are not legally enforceable, but form part of the constitution by being enforced on a political, professional or personal level. Written conventions can be found in the Ministerial Code, Cabinet Manual, Guide to Judicial Conduct, Erskine May and even legislation. Unwritten conventions exist by virtue of long-practice or may be referenced in other documents such as the Lascelles Principles.
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👉 Constitutional conventions of the United Kingdom in the context of Lascelles Principles
The Lascelles Principles are a constitutional convention in the United Kingdom beginning in 1950, under which the sovereign can refuse a request from the prime minister to dissolve Parliament if three conditions are met:
- if the existing Parliament is still "vital, viable, and capable of doing its job",
- if a general election would be "detrimental to the national economy", and
- if the sovereign could "rely on finding another prime minister who could govern for a reasonable period with a working majority in the House of Commons".
The convention was in abeyance from 2011 to 2022, when the sovereign's prerogative power to dissolve Parliament was removed by the Fixed-term Parliaments Act 2011. Following passage of the Dissolution and Calling of Parliament Act 2022, which repealed the Fixed-term Parliaments Act, these principles are thought to have been revived.
In this Dossier
- ⭐ Core Definition: Constitutional conventions of the United Kingdom
- 👉 Constitutional conventions of the United Kingdom in the context of Lascelles Principles
- Constitutional conventions of the United Kingdom in the context of Prime Minister of the United Kingdom
- Constitutional conventions of the United Kingdom in the context of Resignation from the House of Commons of the United Kingdom
Constitutional conventions of the United Kingdom in the context of Prime Minister of the United Kingdom
The prime minister of the United Kingdom is the head of government of the United Kingdom. The prime minister advises the sovereign on the exercise of much of the royal prerogative, chairs the Cabinet, and selects its ministers. Modern prime ministers hold office by virtue of their ability to command the confidence of the House of Commons, so they are invariably members of Parliament.
The office of prime minister is not established by any statute or constitutional document, but exists only by long-established convention, whereby the monarch appoints as prime minister the person most likely to command the confidence of the House of Commons. In practice, this is the leader of the political party that holds the largest number of seats in the Commons. The prime minister is ex officio also First Lord of the Treasury (an office often associated with the premiership between 1721 and 1895, after 1902 always united to it, and, after 1905, an official title of the position), Minister for the Civil Service, the minister responsible for national security, and Minister for the Union. The prime minister's official residence and office is 10 Downing Street in London.
Constitutional conventions of the United Kingdom in the context of Resignation from the House of Commons of the United Kingdom
As a constitutional convention, members of Parliament (MPs) sitting in the House of Commons of the United Kingdom are not formally permitted to resign their seats. To circumvent this prohibition, MPs who wish to step down are instead appointed to an "office of profit under the Crown"; by law, such an appointment disqualifies them from sitting in the House of Commons. For this purpose, a legal fiction has been maintained whereby two unpaid sinecures are considered to be offices of profit: Steward and Bailiff of the Chiltern Hundreds, and Steward and Bailiff of the Manor of Northstead.
Since the passage of the House of Commons Disqualification Act 1975, "offices for profit" are no longer disqualifying in general, but the explicit list of hundreds of disqualifying offices contained in the act now includes the two stewardships so that this convention can be continued. It is rare for an MP to be nominated to a legitimate office of profit on the disqualifying list; no MPs have lost their seat by being appointed to an actual office since 1981, when Thomas Williams became a judge.