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Today's choice of prime minister by the king was pretty obvious.

But in general: Can I legally challenge that the king appointed X for prime minister? I could e.g. argue that the majority of the MPs do not support him/her, or that he/she was not correctly chosen as head of the political party he/she claims to represent.

Usually, the king has to follow the "advice" of the prime minister for all decisions, but in this case is probably an exception.

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    A relevant example is from 2017, when Theresa May told the Queen she had the backing of the DUP to form a coalition government, 17 days before she finalised a coalition deal with that party (link). There was no formal challenge, and 17 days later a formal challenge would have been useless because she could just go to the Queen again and say the same thing, now truthfully. But there might be some legal analysis from that event (though I don't recall reading any at the time.)
    – kaya3
    Commented Jul 5 at 15:41
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    "I could e.g. argue...": Your representative in Parliament is supposed to do that for you. There are parliamentary procedures in place for this, for example a motion of no confidence. Allowing anyone to pursue such things formally is just asking for trouble -- it costs money to field such requests, and there are enough kooks out there that you would be getting them all the time even for the most popular governments after the most transparently legitimate elections.
    – phoog
    Commented Jul 5 at 15:49

2 Answers 2

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There is no direct legal mechanism for an ordinary member of the public to challenge the monarch's appointment of the Prime Minister such that it could force a different appointment.

The Monarch alone appoints a Prime Minister using the royal prerogative.

The Prime Minister holds office until they resign.

The Prime Minister can resign of their own accord.

The House of Commons could vote on a motion that "this House has no confidence in Her Majesty’s Government". It is convention that the Prime Minister resigns when it's clear they do not have the confidence of the House of Commons and that an alternative government (formed from the current composition of the House) does have the confidence.

The ordinary member of the public could write letters, campaign, protest etc to try to influence that.

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    The Royal Prerogative also includes the power to unilaterally dismiss a Prime Minister, which last happened in 1834 when King William IV dismissed Lord Melbourne. This is probably what would happen today if a PM refused to resign upon losing the confidence of Parliament. Commented Jul 5 at 16:00
  • The House of Commons could also just pass a bill saying "X is prime minister". Commented Jul 5 at 16:02
  • @JFabianMeier Would such a bill require royal assent?
    – ceejayoz
    Commented Jul 5 at 23:53
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    @NateEldredge A more recent example, albeit involving the Queen's representative, rather than Her Majesty herself, was the dismissal of the Australian PM in 1975. Commented Jul 6 at 2:59
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    @ceejayoz: Yes, but if the King starts withholding royal assent from legislation, that would be an immediate constitutional crisis. So would any serious controversy over who the PM should be (except in the case of a hung parliament that does not manage to form a coalition within a reasonable period of time - that would be a weird anomaly but it's not the King's fault).
    – Kevin
    Commented Jul 7 at 5:25
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There's an important step missing from the question (and the other answer): the incoming PM is appointed on the advice - or at least, the recommendation - of the outgoing PM*.

It is assumed that the outgoing PM will make a sensible choice - and they are entitled to wait until a suitable candidate emerges, as happened in 2010.

In that regard, the King is essentially unable to ignore that advice, and convention is that only the Commons can challenge the subsequent appointment, initially by voting down the subsequent King's Speech, or later via a vote of no confidence in the government.

There is precedent for a legal challenge to a PM's advice, as was used during Brexit. However, the circumstances of that challenge were quite specific, and might not apply in the appointment of a PM - especially since the aforementioned mechanisms exist to remove a PM.


* Regarding the role of the outgoing PM on the choice of their successor: it's a matter of convention, but the Cabinet Manual has this to say:

Historically, the Sovereign has made use of reserve powers to dismiss a Prime Minister or to make a personal choice of successor, although this was last used in 1834 and was regarded as having undermined the Sovereign.

In modern times the convention has been that the Sovereign should not be drawn into party politics, and if there is doubt it is the responsibility of those involved in the political process, and in particular the parties represented in Parliament, to seek to determine and communicate clearly to the Sovereign who is best placed to be able to command the confidence of the House of Commons.

As the Crown’s principal adviser this responsibility falls especially on the incumbent Prime Minister, who at the time of his or her resignation may also be asked by the Sovereign for a recommendation on who can best command the confidence of the House of Commons in his or her place.

(Cabinet Manual, 2010, section 2.9)

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  • So if the losing prime minister would be acting like Trump in 2020, and would not advice the king and would ignore "no confidence" motions, the parliament would need to pass a bill to remove him? Commented Jul 6 at 11:43
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    Could you please cite a source for that? According to the House of Commons Library, the Prime Minister is appointed by the monarch acting alone (i.e. not on the advice of the outgoing PM).
    – n00p
    Commented Jul 6 at 16:04
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    @n00p: have updated the answer. Commented Jul 7 at 13:57

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