Speculation has been mounting about what happens if Theresa May resigns next week. One possibility being discussed is a minority Labour government, supported by confidence and supply arrangements with other parties. Could this happen? The answer is yes, but parliament would need to innovate to avoid the risks of trying to make it happen.

The obvious route being floated is through the Fixed Term Parliaments Act. If the Commons carries a motion of no confidence in the precise words of section 2(4), parliament has 14 days to pass a motion of confidence in a new government. If it fails, a general election follows.

The Fixed Term Parliaments Act route, however, poses immense difficulties. What if Theresa May or an interim prime minister obstructs the process