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King Charles III

The King prepares for his first constitutional crisis as Boris Johnson’s legacy lives on 

The King is preparing for his first constitutional crisis as monarch due to events which occurred before he ascended the throne.

When Boris Johnson stepped down as Prime Minister in September 2022, he had the right to create a number of new peerages in the House of Lords, rewarding his closest political allies with a permanent place in the legislature.

The list of people due to receive life peerages on the recommendations of Mr Johnson is due to be released in the coming days, with four Conservative Members of Parliament expected to be elevated to the House of Lords.

Nadine Dorries, Alister Jack, Alok Sharma and Nigel Adams are widely thought to become members of the House of Lords at the recommendation of Mr Johnson.

A long-standing constitutional convention is that when an MP is awarded a peerage, they resign from the House of Commons immediately.

It is not possible for somebody to be both a member of the House of Commons and the House of Lords at the same time, therefore in accepting a peerage, the MP is expected to resign their seat with a by-election taking place.

However, it is understood that MPs who are due to be awarded life peerages are not minded to resign their seats, and instead want their elevation to be deferred until the next election.

There is no constitutional precedent for a peerage to be deferred. If MPs refuse to resign their seats, it could lead to a constitutional crisis.

Part of the reason for their reluctance to be conferred to the House of Lords immediately is the prospect of four Conservative held by-elections taking place.

Polls suggest that the Labour Party would make significant gains, and would likely win all four seats.

This is not the first time Boris Johnson has initiated a constitutional crisis with the monarch being placed in a difficult position.

In 2019, the Supreme Court ruled that Mr Johnson had unlawfully asked Queen Elizabeth II to suspended Parliament in order to push through Brexit legislation.

The court heard claims that Mr Johnson and members of his top team misled Her Late Majesty over the circumstances of the prorogation.