Discussing UK law. Links: swarb.co.uk | law-index | Acts | Members Image galleries

Leader of Her Majesty's Most Loyal Opposition.

Re: Leader of Her Majesty's Most Loyal Opposition.

Postby Hairyloon » Sun Mar 04, 2018 9:47 pm

Smouldering Stoat wrote:Well, I suppose it is possible that Parliament, having established a procedure for establishing who is Leader of the Opposition for its own purposes, might then provide that somebody else to be paid the salary for that office, but I remain to be convinced.


Fair enough, but if you could perhaps be specific as to where you think the explanation falls down?
Hairyloon wrote:I expect they considered the prospect of a party leader not having the confidence of his own MP's to be so far fetched as to be not worth any consideration.


In the event that somebody other than the person set out in that act became LOTO, then I expect they would revise that rule in short order, but unless and until that happens it is a clear cains of "Ain't broke..."
We don't have a copy of Erskine May, but we do have a quotation from it in Hansard:
Pete Wishart MP wrote:Page 49 of “Erskine May” refers to the official Opposition as

“the largest minority party which is prepared, in the event of the resignation of the Government, to assume office”.


Quotes out of context can be made to say almost anything, but nobody is questioning that the convention exists, only how firmly set in stone it is.
Or, put another way: what kind of constitutional crisis would be triggered if the convention was breached?
I imagine the Corbyn cult might throw a hissy fit, but I don't see anyone else being too bothered.

Mr Corbyn is Leader of the Opposition because he is leader of the Opposition.

No, he is Leader of the Opposition because he is leader of the the Labour Party and the Labour Party is the largest minority party.
User avatar
Hairyloon
 
Posts: 10560
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Re: Leader of Her Majesty's Most Loyal Opposition.

Postby Hairyloon » Mon Mar 05, 2018 1:22 am

Smouldering Stoat wrote:When Labour Members of Parliament wanted to remove Mr Corbyn, they did so by trying to remove him from the Leadership of the Labour Party. Tell me, why do you think you know better than them?


Sorry, I neglected to answer that, but you are missing something fundamental: I don't think I know better, I know that I don't know and so I ask, and I hold "This is how we've always done it" to be an answer of limited merit.
User avatar
Hairyloon
 
Posts: 10560
Joined: Thu Nov 01, 2012 3:12 pm
Location: From there to here and here to there... Funny things are everywhere.

Previous

Return to Constitutional Law

Who is online

Users browsing this forum: No registered users and 1 guest