The Challenge of Periods of Caretaker Government in the UK

Abstract

Caretaker periods mark the transitions between the termination of one government and the formation of another. Caretaker conventions exist to ensure that the country is never left without a fully functioning executive, and to prevent a government whose democratic mandate has expired from making decisions that will inappropriately bind the incoming government. This article examines the UK's current caretaker conventions and argues that the UK is particularly vulnerable to problematic caretaker periods. Historically, its constitutional traditions and party system have made these periods short and rare. As a result, the conventions governing these transitional periods have remained underspecified. This article discusses why caretaker periods are likely to become more frequent and prolonged in the UK, analyses the UK's conventions and suggests how they can be reformed to pre-empt some of the challenges inherent to these constitutionally exceptional periods.