What is a Government Formation Process?

Politics — James William Steven Parker

A government formation process is the constitutional and political process through which a governing administration is identified, appointed and established after an election, a change of prime minister, a resignation, the loss of parliamentary support, or another event that requires a government to be formed or reconstituted. The precise process varies substantially between political systems because some states use parliamentary government, some use presidential government, and some combine features of both.

In a parliamentary system, the central question is normally which political leader can command the confidence of the legislature, particularly the elected chamber. In a presidential system, the executive authority may derive directly from a separately elected president rather than from continuing legislative confidence. Government formation can therefore involve elections, negotiations between parties, appointment of a prime minister or president, allocation of ministerial offices, coalition agreements, confidence arrangements and formal constitutional procedures.

In the United Kingdom, government formation is governed by a combination of constitutional conventions, legislation and the exercise of prerogative powers. The House of Commons Library explains that a government is usually formed following a general election but can also be formed when there is a change of prime minister during a Parliament.

In a parliamentary system, election results provide the numerical starting point for government formation, but the party with the largest number of seats is not necessarily constitutionally identical to the government. The decisive issue is normally whether a prospective government can command legislative confidence. If one party has an overall majority, formation can be relatively straightforward because its parliamentary leader can normally demonstrate sufficient support to govern.

If no party has a majority, the situation is commonly described as a hung parliament or legislature, and negotiations may follow. Parties can negotiate a formal coalition in which ministers from multiple parties participate in one government, a confidence and supply agreement in which another party supports the government on specified fundamental votes without joining the Cabinet, or less formal arrangements. The UK Parliament describes a government as needing to command a majority in the House of Commons on confidence and supply, and notes that this support may come from one party or from several parties without a formal coalition.

The appointment stage depends on the constitutional system. In the United Kingdom, the monarch formally appoints the Prime Minister, but constitutional convention means that the person appointed must be capable of commanding the confidence of the House of Commons. Following an election, the political circumstances normally make the appropriate appointment clear, particularly where one party has an overall majority. Where the result is inconclusive, political negotiations can determine which leader is best placed to form an administration.

The incumbent Prime Minister normally remains in office while the formation process is unresolved, but should resign when it becomes clear that they cannot command confidence and a clear alternative government exists. Once the new Prime Minister is appointed, ministers are appointed on the Prime Minister's advice and the Cabinet and other ministerial offices can be established. The House of Commons Library describes ministerial appointment as an exercise involving the Prime Minister's advice to the Sovereign, with formal procedures applying to ministerial appointments.

Government formation is not identical to the election itself. An election determines the composition of the elected legislature, while government formation determines which political leadership can exercise executive authority within the constitutional framework. The distinction matters particularly where no party has a majority. A party can win more seats than every other party but still require support from other parties to pass confidence motions, supply measures or legislation.

Conversely, a party with fewer seats than another may potentially form a government if it can assemble sufficient parliamentary support. Government formation therefore involves both arithmetic and constitutional conventions. Parliamentary seat totals establish the available numbers, but negotiations, party agreements, leadership decisions and the willingness of other legislators to support a proposed administration can determine the practical outcome. This is why a government formation process can continue after election results have become known.

Negotiation is often an important component of government formation when no party possesses sufficient legislative support by itself. Negotiations can address the identity of the prime minister, the distribution of ministerial positions, legislative priorities, budgetary arrangements and the terms under which participating parties will support the government. A coalition involves a greater degree of institutional integration because participating parties normally share ministerial responsibility.

A confidence and supply arrangement is narrower because the supporting party can remain outside government while undertaking to support specified confidence and financial measures. A minority government can also operate without a formal agreement if it can obtain sufficient support vote by vote. These arrangements are politically distinct even though all can enable a government to operate without one party controlling an absolute majority of legislative seats. The 2017 UK Conservative government, for example, operated under a confidence and supply agreement with the Democratic Unionist Party after the election produced no Conservative overall majority.

Formal government formation also involves practical administrative continuity. Government cannot simply cease to exist between an election and the establishment of a successor administration, so constitutional systems normally contain arrangements governing the incumbent administration during the transition. In the UK, the incumbent government remains in office while negotiations take place, subject to conventions concerning its ability to exercise authority. Once a new Prime Minister is appointed, ministerial appointments, Cabinet composition and relevant formal procedures follow.

In the United Kingdom, newly appointed senior ministers undertake statutory and other oaths and participate in established constitutional procedures. These procedures demonstrate that formation has both a political dimension and a formal constitutional dimension. The political question is who can govern, while the constitutional question is how that person and the resulting ministers acquire and exercise the formal authority of government.

Government formation can end in several different ways depending on the political circumstances. A majority government can emerge when one party has sufficient seats. A coalition government can emerge when several parties agree to govern jointly. A minority government can form when a party or grouping does not possess a majority but expects to obtain enough support to survive confidence and supply votes.

A government may also be formed after the previous government resigns during a parliamentary term, provided another leader can command legislative confidence. If no viable administration can obtain or retain confidence, constitutional procedures may eventually lead to another election, although the precise mechanism differs between countries. The process is therefore best understood as a set of constitutional mechanisms for connecting legislative representation with executive authority rather than as one universal sequence that operates identically everywhere.

The concept is closely connected with parliamentary confidence, coalition building, minority government, caretaker government, constitutional conventions, ministerial appointment and legislative control of public expenditure. It is important not to assume that government formation always means that the largest party automatically receives every ministerial position or that an election result automatically identifies the prime minister in every constitutional system. The governing arrangements depend on the constitution and political circumstances of the jurisdiction concerned.

In the UK, for example, the monarch's formal role exists alongside the political requirement that the government command Commons confidence. The House of Commons Library states that if no party has an overall majority, political parties may agree on the person best placed to command confidence, including through a coalition or confidence and supply arrangement. Government formation is therefore the institutional bridge between an election or political transition and the establishment of an administration capable of exercising executive authority.