8/14/19
LONDON — What if Britain’s Parliament voted to remove Prime Minister Boris Johnson from office and he refused to leave, igniting a constitutional crisis? This is not some far-fetched theory. The possibility of Mr. Johnson refusing to step down was reported to have been raised recently by his top deputy and strategist, Dominic Cummings. As the country girds for Parliament’s return in September, only one thing seems certain: The confused and chaotic Brexit process promises to plunge Britain into new unknowns as an Oct. 31 deadline for leaving the European Union bears down. The British political system may yet withstand the tumult. But scholars say it has been more than a century since the country’s constitution — a medley of laws and customs, many but not all of them written — has come under such strain. “I think this is an entirely new constitutional situation,” said Robert Saunders, a historian at Queen Mary University of London. “The British haven’t thought it necessary to think seriously about the constitution for quite a long time.” Suddenly, armchair constitutional theorizing is in vogue. “King Charles lost his head by flouting the constitution,” former foreign secretary Mr. Malcolm Rifkind wrote. “Mr. Johnson will wish to keep his, while some around him are, clearly, losing theirs.”
It all begins with signals from some lawmakers that when Parliament reconvenes in September, it will pass a vote of no confidence in Mr. Johnson’s government, based on his intention to pull Britain out of the European Union by Oct. 31, “do or die,” deal or no deal. Traditionally, that would stop a government in its tracks. These days, lawmakers have 14 days after such a vote to try to put together a new government. If they cannot, the prime minister is then supposed to call a general election. But as Mr. Cummings has let it be known, even if a rival were to attract enough support to form a government, the prime minister could legally call for a general election and refuse to vacate Downing Street. Under Mr. Cummings’ scenario, Mr. Johnson could sit tight and schedule an election for after Brexit, sending the country crashing out of the European Union on Oct. 31 and in the middle of a campaign. At this point, constitutional experts say, the queen could conceivably step in and dismiss Mr. Johnson, using her “reserve prerogative power.” “It’s uncharted waters,” Mr. Saunders said. “It’s always been assumed the government wouldn’t put her in a position to make a politically contentious decision. But that looks like it may change.”
