ABSTRACT
In constitutional theory, the Queen – under the royal prerogative – may appoint whomsoever she pleases to the office of Prime Minister.49 In practice, the position is governed by convention and the Queen must appoint the person who can command a majority in the House of Commons; this, under normal circumstances, will be the leader of the political party which secures the greatest number of parliamentary seats at a general election.50 Several differing situations present themselves: the government of the day may be returned by the electorate with a majority and the Prime Minister will remain in office. Alternatively, the government may lose the election, and the incoming Prime Minister will be the leader of that political party which commands a majority of seats in the House of Commons. More difficult is the position where the election produces no outright winner, resulting in no one party having an overall majority. Here, the spectre of a ‘hung parliament’ arises. The situation may also arise where a Prime Minister resigns from old age or ill health during the course of his term of office – as was the case in 1935 (Ramsey MacDonald), 1955 (Winston Churchill) and 1957 (Anthony Eden) – or dies in office (Campbell-Bannerman, 1905-08). Finally, it may be the case that a Prime Minister chooses to retire, as occurred in 1937 (Stanley Baldwin) and 1976 (Harold Wilson).
