Delay to the election would require agreement of both houses of Congress, and that it would require a constitutional amendment to extend his term. But what is the UK position if a PM decided not to hold an election because he thought he might lose it? https://www.bbc.co.uk/news/world-us-canada-53597975
At the moment, the Fixed Term Parliaments Act prescribes (subject to provisions for earlier general elections) that there will be a general election on 2 May 2024: section 1(3). Parliament will dissolve on the 25th working day before that day: section 3.
The PM can (section 1(5)) postpone that day by up to 2 months. He must give reasons and get the approval of both Houses (section 1(6) and (7)).
But anything else would require an Act of Parliament amending section 1(3) FTPA. The PM would need a House of Commons majority for that. But let’s assume he has one: the party he leads has a majority, is also frightened of an election, and wants to cling to power.
Any such legislation would not be subject to the Parliament Acts: see section 2(1) of the Parliament Act 1911. That means that the House of Lords would have a veto, which could not be avoided by the Parliament Act route.
But it is open to the Prime Minister to ask the Queen to appoint sufficient peers to pack the House of Lords to vote his way. It is not clear that that the Queen could properly refuse that request.
The Queen could also refuse Royal Assent to the legislation: but that would breach the very powerful convention that she does not use that power, especially against the advice of the sitting PM.
There is, however, no other guarantee in our constitutional arrangements against a House of Commons majority determined to hold power and to avoid a general election it thinks it will lose.
You can follow @GeorgePeretzQC.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled:

By continuing to use the site, you are consenting to the use of cookies as explained in our Cookie Policy to improve your experience.