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Elective dictatorship


An "elective dictatorship" (also called executive dominance in political science) is a phrase popularised by the former Lord Chancellor of the United Kingdom, Lord Hailsham, in a Richard Dimbleby Lecture at the BBC in 1976. The phrase is found a century earlier, in describing Giuseppe Garibaldi's doctrines, and was used by Hailsham (then known as Quintin Hogg) in lectures in 1968 and 1969. It describes the state in which Parliament is dominated by the government of the day. It refers to the fact that the legislative programme of Parliament is determined by the government, and government bills virtually always pass the House of Commons because of the nature of the majoritarian first-past-the-post electoral system, which almost always produces strong government, in combination with the imposition of party discipline on the governing party's majority, which almost always ensures loyalty. In the absence of a codified constitution, this tendency toward executive dominance is compounded by the Parliament Acts and Salisbury Convention which circumscribe the House of Lords and their ability to block government initiatives.

In the United Kingdom, ultimate legislative sovereignty resides in Parliament (Parliamentary sovereignty). Parliament may pass any legislation on any subject it wishes. Parliament operates without restraints such as, for instance, an obligation to legislate in accordance with fundamental constitutional rights. The apparent exceptions to this rule are situations in which Parliament has chosen to limit itself as with the case of implementation of European Union law, where British courts can "disapply" UK legislation that is in conflict with EU law, but could withdraw such authority.


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