Prime Minister - Exit From Office

Exit From Office

Most prime ministers in parliamentary systems are not appointed for a specific term in office and in effect may remain in power through a number of elections and parliaments. For example, Margaret Thatcher was only ever appointed prime minister on one occasion, in 1979. She remained continuously in power until 1990, though she used the assembly of each House of Commons after a general election to reshuffle her cabinet.

Some states, however, do have a term of office of the prime minister linked to the period in office of the parliament. Hence the Irish Taoiseach is formally 'renominated' after every general election. (Some constitutional experts have questioned whether this process is actually in keeping with the provisions of the Irish constitution, which appear to suggest that a taoiseach should remain in office, without the requirement of a renomination, unless s/he has clearly lost the general election.) The position of prime minister is normally chosen from the political party that commands majority of seats in the lower house of parliament.

In parliamentary systems, governments are generally required to have the confidence of the lower house of parliament (though a small minority of parliaments, by giving a right to block supply to upper houses, in effect make the cabinet responsible to both houses, though in reality upper houses, even when they have the power, rarely exercise it). Where they lose a vote of confidence, have a motion of no confidence passed against them, or where they lose supply, most constitutional systems require either:

a) a letter of resignation or

b) a request for parliamentary dissolution.

The latter in effect allows the government to appeal the opposition of parliament to the electorate. However in many jurisdictions a head of state may refuse a parliamentary dissolution, requiring the resignation of the prime minister and his or her government. In most modern parliamentary systems, the prime minister is the person who decides when to request a parliamentary dissolution.

Older constitutions often vest this power in the cabinet. (In the United Kingdom, for example, the tradition whereby it is the prime minister who requests a dissolution of parliament dates back to 1918. Prior to then, it was the entire government that made the request. Similarly, though the modern 1937 Irish constitution grants to the Taoiseach the right to make the request, the earlier 1922 Irish Free State Constitution vested the power in the Executive Council (the then name for the Irish cabinet).

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