Der Fixed-term Parliaments Act 2011 in Großbritannien. Oder: Die Folgen eines verfassungspolitischen Blindflugs

Abstract

When David Cameron wanted to become Prime Minister in 2010 he had to accept a Fixed-term Parliaments Act to cement the Conservative-Liberal Democratic coalition government . Under the rules of the Act the prime minister no longer had the authority to call elections at a time of his choosing . This power, on which his strong position in the Westminster democracy has rested in the past, was lost . This was one of the intentions of the advocates of the act . Furthermore, a fixed parliament was supposed to make British politics fairer, more inclusive, less confrontational, less tribal and less feeble . In the end the Act did not live up with these expectations . To some extent its flaws were responsible for the “Brexit Blunder” (Jo Murkens) . However, it also helped to frustrate any attempt by the Brexiteers to accomplish a no deal-Brexit . Part of this endeavor was the prorogation of Parliament which the Supreme Court adjudicated “unlawful” on 24 September 2019 . This judgment on the scope of the Royal prerogative is part of a transformation of the constitution that, accidentally, might have changed the role of the Crown in the constitutional fabric of the United Kingdom .