Parliament – legislature
·
Law making is Parliament’s primary
function.
·
Most law must be passed through
parliamentary procedure.
·
Parliament makes laws more legitimate.
Parliament – the name given to representative bodies.
Parliaments have the role of legislating, calling government to account and
representing the community.
Brief parliamentary history remains the same in terms of
basic functions of Parliament;
- Exists
to make government legitimate
- Give
consent to legislation without making the legislation
- Approving
financial arrangements
This is all in return to raise grievances against government
and make it accountable.
Parliament’s
key role is to support government not to threaten it.
Another
key role: A vote of no confidence, to dismiss a government. Reserve power that
makes government accountable to Parliament.
Parliamentary Government
Parliamentary
government – where government is drawn from Parliament and is accountable to
Parliament.
The
UK parliamentary government is known as bi-cameral: consisting of two chambers
or two rooms.
Features of a Parliamentary government
v
Parliament is the highest source of
political authority. Political power may be exercised only if it has been
authorised by Parliament.
v
The
government must be drawn from Parliament, either the Commons or the Lords. (All
members of the government must also be members of one out of the two houses)
v
There
is no strict separation of powers between that of the legislature and that of
the executive – the power of the government and legislature are fused.
v
Government
must be accountable to Parliament
Positives and negatives
of a Parliamentary Government
Positives
|
Negatives
|
Commons
are elected, Lords are selected
|
Undemocratic
because selected peers do not have legitimacy, and MPs have greater power as
they are elected, giving them greater legitimacy.
|
Faster
to pass legislation
|
More
laws are passed but not necessarily giving greater legitimacy to laws being
passed
|
British
executive (PM) and the legislature (Parliament) are fused
|
Power
is more divided and spread out more evenly, making it harder for one person
to have ultimate sovereignty
|
Both
opposition and government sit in both Commons and the Lords.
|
Not
equal, as the opposition will tend to be weaker if the government have a majority.
However, not the case of 2010 coalition government.
|
Presidential government
Features of a Presidential government
The legislature and the executive in the
form of a presidency have separate sources of authority. They are separately
elected.
The president is not part of the
legislature
The executive/President is accountable
directly to the people not the legislature
There is a clear separation of powers
between the executive and the legislature.
This implies that there must be a
codified constitutional arrangement that separates these powers.
A presidential government – where the president normally has a
separate source of authority from that of the legislature. This means that the
executive is accountable to the people directly, not to the legislature.
Separation of powers – constitutional principle that the three
branches of government; legislature, executive and judiciary should have
separate membership and should be able to control each other’s powers.
Positives and negatives
of a Presidential Government
Positives
|
Negatives
|
President
is elected by the people in a direct election.
|
The
legislature and the President have equally valid mandates from the public –
there is no way to reconcile internal conflict.
|
President
and the legislature are separated for a balance of power.
|
Reduces
accountability by allowing the president and legislature to shift the blame
to each other.
|
Presidential
government makes decisions and policy making easier and quicker
|
Accountability
is directly to the people, and legislation is passed easier.
|
Presidents
serve for a designated period of time and will not be dismissed
|
Difficult
to move an unstable president from office before the term has expired
|
28.01.2014
Parliamentary sovereignty
UK Parliament is said to be legally
sovereign:
·
Parliament
is the source of all political power.
Parliament may grant individuals the right to exercise political power or Parliament will delegate power to ministers, devolved governments, local authorities
Parliament may grant individuals the right to exercise political power or Parliament will delegate power to ministers, devolved governments, local authorities
·
Parliament
may restore delegated powers back to itself
·
Parliament
can make laws that are enforced by the courts and the authorities as there are
no restrictions on what laws Parliament can make.
Parliament is Omni competent – capable of making any act
Parliament is Omni competent – capable of making any act
·
Laws
made by previous Parliaments are not binding on the current Parliament.
Existing laws may be amended or repealed,
Existing laws may be amended or repealed,
·
Parliament
cannot pass laws that will prevent future parliaments amending or repealing.
Laws cannot be entrenched against future change
Laws cannot be entrenched against future change
Britain cannot have a fixed/entrenched
constitution as long as parliamentary sovereignty endures.
Considering
political sovereignty, we can infer Parliament has lost much of its
sovereignty.
Political sovereignty refers to where the political power lies in reality.
Political sovereignty refers to where the political power lies in reality.
In reality, most
political power lies with government.
Typically, a government enjoys a majority in the Commons and can virtually guarantee proposals will be passed by Parliament.
Typically, a government enjoys a majority in the Commons and can virtually guarantee proposals will be passed by Parliament.
‘The sovereignty of Parliament is in
reality the sovereignty of the majority party’
Parliament
should only ever block government plans if it seen to be abusing its mandate or
operating beyond it.
Parliaments
enormous reserve powers, can block legislation, and in exceptional
circumstances, Parliament can pass a vote of no confidence and dismiss a
government.
This was done in 1979 when James
Callaghan’ Labour government was removed from office.
Parliament in
the UK is LEGALLY SOVERIGN, but
political sovereignty is less clearly located.
Sovereignty lies
people at elections with the proviso that Parliament can overrule government.
Westminister
model – the UK system of government that is drawn from Parliament and not
separately elected.
Also that Parliament is at the centre of the political system.
Government is accountable to parliament.
Also that Parliament is at the centre of the political system.
Government is accountable to parliament.
The erosion of Parliamentary sovereignty
1.
Legislative
power has gone to the EU.
EU law is SUPERIOR to British law, so it will EU will prevail.
Legislative authority over trade, environment, employment rights, consumer protection.
Large areas of policy that have not passed to EU: criminal law, tax law, social security, health, education
EU law is SUPERIOR to British law, so it will EU will prevail.
Legislative authority over trade, environment, employment rights, consumer protection.
Large areas of policy that have not passed to EU: criminal law, tax law, social security, health, education
2.
Executive
power has grown; transfer of political but not legal sovereignty.
3.
Referendums
are being used to deal with important constitutional changes.
Although referendum results are not binding on Parliament, typically, Parliament will not ignore a popular vote.
The legal transfer of sovereignty has to be approved through a referendum – this suggests that sovereignty returns to the people.
Although referendum results are not binding on Parliament, typically, Parliament will not ignore a popular vote.
The legal transfer of sovereignty has to be approved through a referendum – this suggests that sovereignty returns to the people.
4.
Controversy
over the status of Human Rights Act and European Convention on Human Rights –
which it establishes in law.
ECHR is not legally binding on Parliament – as it retains sovereignty.
Parliament however, treats ECHR as if it were supreme.
In extraordinary circumstances, Parliament would assert its sovereignty over the ECHR.
ECHR is not legally binding on Parliament – as it retains sovereignty.
Parliament however, treats ECHR as if it were supreme.
In extraordinary circumstances, Parliament would assert its sovereignty over the ECHR.
5.
Devolution: sovereignty is transferred in reality,
and not through constitutional law – this means that it would be difficult to
re-establish parliamentary sovereignty.
Parliamentary
sovereignty is basically a myth; because it has said to be eroded by the five
reasons above.
HOWEVER, Parliament’s reserve powers can:
-
allow
Britain to leave the EU at any time, and restore ALL SOVEREIGNTY
-
devolution
can be cancelled
-
decide
not to accept a referendum result
-
both
legal and political power could return to Parliament if there is not a secure
parliamentary majority.
HOUSE OF COMMONS
PARTY
|
MALE MP’S
|
FEMALE MP’S
|
TOTAL
|
Conservative
|
257
|
49
|
306
|
Labour
|
178
|
80
|
258
|
Liberal Democrat
|
49
|
8
|
57
|
Total
|
508
|
142
|
650
|
Plenary sessions
Prime Minister’s
Question Time is the busiest time in the Commons
Not enough seats in the room for all the seats in the Parliament.
Not enough seats in the room for all the seats in the Parliament.
Debates that attracted full house
Hunting of dogs
2003 Iraq war
2001 Anti-Terrorism Act
Student tuition fees, 2010
British membership to the EU 2011
All loyal members are expected to vote in legislation, but this does not mean that members of either House have to be present during debates.
2003 Iraq war
2001 Anti-Terrorism Act
Student tuition fees, 2010
British membership to the EU 2011
All loyal members are expected to vote in legislation, but this does not mean that members of either House have to be present during debates.
Legislative committees of House of Commons & Lords
Legislative committees
are not free from party discipline; governing party is always granted a
majority on the committee.
Legislative
committees are allocated in rough proportion to the membership to the two
houses.
Members of the
governing party are only required to vote for amendments that are approved by
the government and would normally vote against any amendment not approved by
government.
The government
has a precaution against unwanted amendments; changes proposed in the Lords
must be approved by the Commons.
The Lords can
make a nuisance, and can hold up legislation that the government would be
forced to allow
Unwanted
amendments from the Commons legislative committee can be overturned when the
‘Report Stage’ is reached.
The whole House
plenary session is invited to vote on a proposed amendment & party whips
work at this stage, reversing unwanted changes.
Membership to
legislative committees can be frustrating and unpopular.
MPs/Peers who
have experience will request for specific committees to be allocated to them.
Pressure groups
are very active at this committee stage of a bill’s progress through
Parliament- to persuade committee members, and ministers to include amendments
supportive of their cause.
Committees of the whole House
Often in the
Lords, committee stage of a bill is considered by plenary session of the whole
House.
This is rare in
the Commons.
Bills of special
significance or constitutional significance a committee of the whole Commons is
called.
Departmental select committees
19 committees:
specific area of government responsibility
Made up 11-14 members; elected by the Commons
Chairperson – additional salary above MPs. Try to come to a verdict with unanimous conclusions
Non partisan/neutral – governing party has majority of members on the select committee
Made up 11-14 members; elected by the Commons
Chairperson – additional salary above MPs. Try to come to a verdict with unanimous conclusions
Non partisan/neutral – governing party has majority of members on the select committee
Select
Committees
·
investigate
the efficiency and effectiveness of the government departments
·
well
considered taken into account relevant opinion
·
consider
proposed legislation – consider its effectiveness
·
major
public concern that fall into the responsibility of the committee and the
government department
·
serious
errors making corrections/recommendations
·
propose
future legislation
Adversial style of questioning;
aggressive
Approaching select committee hearings with Trepidation/fear
Approaching select committee hearings with Trepidation/fear
Public
Accounts Committee
|
Standards
and Privileges Committee
|
Statutory
Instruments Committee
|
European
Scrutiny Committees
Both
Houses
|
Liaison
Committee
|
Oldest, independent.
Chair – opposition
Public spending correctly
as approved by Parliament
Wastefulness and
inefficiency
|
Standards of public life
Disciplinary against MPs
and the relationship with Parliament
|
Checking govt. use of
‘secondary legislation’
Parliament has statutory instrument wide powers to
ministers to make legislation without parliamentary debate
|
Examine proposed
legislation from European Commission
Guide
ministers in negotiations with Europe.
|
Chairs of all SELECT
COMMITTEES
? PM on his policies
& conduct
|
Committee
|
House/s
|
Main roles
|
European Union Committee
|
Lords
|
Examines and makes
recommendations concerning proposed EU legislation
|
Home Affairs
|
Detention of terrorist
suspects 2006
|
Rejected the government
case for up to 90 day detention without trial for terrorist suspects
recommending 28 days maximum. Accepted
by the Commons
|
Culture, Media and Sport
|
Call in TV quiz shows
2007
|
Criticised TV companies
where it was not clear what the chances of winning were and how much callers
were paying. This resulted in the cancellation of these shows
|
Home Affairs
|
Domestic violence and
forced marriage 2008
|
Called for better
policing and law enforcement in relation to domestic violence and forced
marriages. New police guidelines
|
Culture, Media and Sport
|
Standards and libel laws
2010 -2012
|
The conduct of the press
in relation to privacy, phone hacking , information from the police
Resulting in a major
public inquiry Leveson Inquiry on
press conduct
|
Treasury
|
HM Revenue and Customs
tax collection performance 2012
|
Publicised problems in
collecting all tax due from large companies. Failure of the revenue to
collect tax due in many cases.
|
SPEAKERS –
oversee debates; neutral, senior MP that is prepared to retire from party
politics
COMMONS
2009 – Michael Martin became involved in controversy of the expenses scandal; he was defensive of the MPs and forced to resign
2009 – Michael Martin became involved in controversy of the expenses scandal; he was defensive of the MPs and forced to resign
John Bercow; passive admin
role restore the
reputation of MPs
LORDS
Lord Speaker – replacing Lord Chancellor; member of the cabinet appointed by the PM
Baroness D’Souza; who shall speak and organising the main parties.
LORDS
Lord Speaker – replacing Lord Chancellor; member of the cabinet appointed by the PM
Baroness D’Souza; who shall speak and organising the main parties.
The Functions of Parliament
Parliament
passes law, but doesn’t usually MAKE law.
The British
Parliament can be described as a
‘policy-influencing legislature’ and
arguably a ‘weak legislature’
Function
|
Limitations
|
Helps or hinders government
|
Legitimation – provide
consent for the monarch’s legislation. Legislation becoming legitimate.
|
Parliament contains
unelected Lords – that do not enjoy the same ‘mandate’ the MP’s do, and
therefore do not have the same authority or legitimacy.
|
Helps government as it
claims consent to legislations being passed.
However, because the
Lords are unelected, Parliament’s legitimation is not holistic and could be
argued to hinder government.
|
Scrutiny – close
inspection and proposing amendments by legislative committees. Scrutiny
ensures that discrimination doesn’t occur and laws are not created against
the minority. Scrutiny allows important changes to be proposed and accepted.
|
Cannot block legislation
completely.
|
Helps as it looks at
major, primary and secondary legislations and EU laws or proposed
regulations.
Hinders because scrutiny
is simply informing, the ultimate decision cannot be blocked through
scrutiny.
|
Opposition – parties who
do not make up the government.
|
Mostly, governments enjoy
a majority in the Commons, so opposition is more ritualised rather than
active.
Lords do not require a
majority.
|
Helps government as
opposition keeps the governing body accountable and makes them justify
policies.
Hinders, because
opposition points out flaws in the governing party constantly.
|
Accountability – justification
of policies, criticisms of policies, to expose mistakes of serious error and
for those ministers to resign
OPPOSITION accountability – presentation of alternative government proposals.
PMQT – free from party
whips, MPs ask the PM questions
Select committees – power
to question ministers, civil servants, witnesses.
Debates on legislation –
proposed legislation must be debated twice a week, with ministers justifying
proposals.
|
Ministers have civil
servants that answer already written questions.
Become a ritualised
contest between the two party leaders/media show
Can go on for a long time
Some bills might be given
to the Lords to scrutinise, even from the governing body MP’s.
|
Helps government as PMQT
is free from whips.
Hinders because questions are pre arranged and answers pre written. Hinders the legitimacy of the accountability in Parliament.
Helps accountability as
ministers are on select committees for a length of time. Hinders government
as decisions are not made quickly, which is not ideal because government
office is for only five years.
|
Financial control –
ability to collect and spend taxes. Has to be renewed annually, with changes
to the tax system having to be approved through Parliament.
|
The Lords lost their
power to vote in financial bills, in 1909 when they attempted to block the
Liberal government’s budget. The Parliament Act, 1911 took away the right to
vote in financial powers.
MP’s in the Commons are
at their most loyal when considering the budget
|
Helps government as MPs
need to effectively decide how to spend taxes.
Hinders as not all of
Parliament has the right to vote in financial bills.
|
Representation –
represent their party by ‘toeing the party line’. Representation should be a
reflection of the UK in both the Commons and the Lords.
|
MPs are representing
70,000 constituents.
When an MP wants to
represent national interest they may defy their own party leadership (EU
- Conservatives, NHS reform – Liberal
Democrats)
Not representative:
96% are white
90% university educated
62% white, male, 40+
22% women
4% ethnic minorities
34% went to private schools |
Helps government as 75%
are paid a retainer to represent an outside group
Hinders government as it
is not representative of UK.
Underrepresentation of
ethnic minorities, those without degrees, younger MPs, women, state-school
educated individuals.
|
Redress of grievances –
complaints from constituent about a government agency (NHS, police,
immigration, social security system)
|
Paid constituency workers
often are used to redress grievances, or neighbouring MPs as MP’s for a
constituency is a difficult role.
|
Helps government as
issues are addressed directly, government by the people.
Hinders government as
Parliament doesn’t always directly deal with it, and delegates the role to
paid workers.
|
Private members
legislation – presented by the government
1967 Abortion Act
2007 Forced Marriages Act
2012 Live Music Act
|
Opposition not permitted
to do this.
Nearly all private
members legislations are blocked by the government.
|
Hinders government as it
is rare for government to support it or find reasons to oppose it.
|
Deliberation – Parliament
is given the opportunity to hold debate on an issue; Iraq war 2003.
Lords: detention without
trial for terrorist suspects
|
Parliament is only able
to hold debate occasionally.
|
Helps government as
Parliament is able to have discussions on important issues that are current.
|
Reserve powers – great
authority, the ability to veto government legislation.
Dismiss a government
using a vote of No Confidence.
|
The Lords voting down of
legislation is usually overturned by the Commons.
MPs of the governing
party are reluctant to use reserve powers for fear of precipitating general
election where they may lose their seat/power from government.
|
Helps government as it
gives Parliament ultimate sovereignty, to block legislation and to dismiss a
government.
Hinders government as MPs
are reluctant to use their reserve powers.
|
Specific Lords powers –
to delay legislation in the Lords for a year using the Parliament Act 1949.
Forces the government to
rethink and ensure sufficient support for the proposal.
Enough to obtain
important concessions by way of amendments.
To amend, must be
approved by the Commons where the government dominates.
-Defeat
of War Crimes Bill, under the Parliament Act was an important example of
delay.
-Hunting
with Dogs Act 2004/2005 passed twice & Lords ensured a debate on the
issue.
|
Commons cannot delay as
MPs are whipped to vote in legislation.
Obstruction, negotiation
and compromise are luxuries controlled and used by the Lords
Every amendment must be
confirmed by the Commons.
|
Hinders government as
disagreement between the two Houses, passing a bill backwards and forwards is
known as ‘ping pong’ – presenting the frustration of the government.
|
Analyse the main
factors that limit the effectiveness of Parliament. (25 marks)
Argument
|
Counter argument
|
Mini conclusion
|
Discipline that is
exercised by the party whips and leaders prevents MPs and peers from
operating independently. Divisions and standing committees are usually
strictly whipped.
|
MP’s today are not just
‘lobby fodders’ as reported by Peter Riddell in his article scrutinising the
House of Commons, concluding that MPs today are more effective than ever of
holding the government accountable.
MPs rebel more than ever,
EU budget vote: 53 Rebel Tory
MPs defeat their own government over spending cut call – voting against their
own party.
|
Although party whips
exist, they are much more lenient because of the fusion of the legislature
and the executive, in the British parliamentary democracy. However, in a
presidential democracy, party whips are able to have greater control and less
rebellions occur.
|
MP’s do not have
sufficient time, expertise, knowledge,
research to examine legislation and government policy to its fullest.
|
Lords are of many fields,
and the delegation and perhaps sharing of the role of scrutiny could be
shared between both Houses to enable the widest range of expertise and
knowledge to be utilised. Legislation is passed relatively quickly due to not
having a codified constitution, so MPs should use time effectively whilst
dealing and scrutinising legislation before passing to the Lords.
|
There are many MPs, and
between them and the Lords – totalling 650 members of Parliament there should
be enough time, expertise and knowledge to examine legislation to create the
most effective sets of laws for the country to be run by.
|
Commons lacks legitimacy
due to a distorted representation because of the electoral system for
Westminister – FPTP. The Lords are also unelected and therefore have no
legitimacy, particularly the 92 hereditary peers that still exist.
|
Commons can be perceived
as legitimate, as an MP would need concentrated support in a constituency to
achieve a seat, so there is representation, although it is arguably very
limited.
Hereditary means are not
the only way to get at Lordship; part of the PM prerogative powers is the
ability to select Lords; they have legitimacy from the governing party.
|
Commons is debating
electoral reform after the coalition in 2010. The effectiveness of Parliament
is significantly reduced purely by the existence of a coalition; the lack of
legitimacy to the Commons and Lords is further highlighted because of the
coalition making Parliament ineffective because of internal divisions within
the current government.
|
Traditional secrecy of
government making it difficult for MPs, peers and select committees to obtain
information and examine policy effectively
|
Freedom of Information
Act 2000 makes information accessible and open. The ‘expenses scandal’ 2009,
caused public outrage by disclosure of widespread actual and alleged misuse of
the permitted allowances and expenses.
.
|
The Freedom of Information
Act 2000 has made it easier to access information, and therefore obtain and
examine information. Trust in a lot of MPs has declined after the expenses
scandal.
|
|
See page 224 for
reference to the legislative process
Membership to
the House of Lords – March 2012
Categories
of membership
|
Number
|
Life peers
|
671
|
Hereditary peers
|
90
|
Bishops
|
23
|
Archbishops
|
2
|
Life peers that
die are reselected in proportion to the party representation in the Commons.
Conservatives nominated more peers in 1979-97, after that Labour had an advantage.
Most nominations for Lords are retired politicians:
Conservatives nominated more peers in 1979-97, after that Labour had an advantage.
Most nominations for Lords are retired politicians:
Lord Sebastian Coe, (MP and athlete),
Lord Lawson (former Chancellor of the Exchequer)
or current
professional politicians:
Lord Adonis (former Junior Education
minister & prime ministerial adviser) and Baroness Warsi (cabinet Minister)
A recent appointment is Doreen Lawrence,
the mother of Stephen Lawrence who was killed. She has done a lot of work
related to gun and gang crime.
Crossbenchers
are appointed as life peers with no party allegiance
This guarantees that government can never enjoy an overall majority.
Can be nominated by anyone, but usually through the independent Appointments Commission.
This guarantees that government can never enjoy an overall majority.
Can be nominated by anyone, but usually through the independent Appointments Commission.
Lord Hastings – a former TV executive
Lord Ramsbotham – prison reformer
Lord Ramsbotham – prison reformer
Prior to 1999,
the Lords didn’t attend debates – the Conservatives that did attend could
usually achieve a majority.
The 1997 Labour
government set to remove the right of hereditary peers to sit and vote in the
Lords.
A compromise was
reached to allow 92 hereditary peers to retain their seats; however the rights
and political significance of hereditary peers will be short lived.
Bishops and
archbishops are members of the Church of England.; an established religion of the
UK.
The position is controversial as:
The position is controversial as:
1.
Majority
of citizens do not observe any religion
2.
Doesn’t
represent the religious traditions of the UK
However, the bishops are influential when
moral and religious issues are discussed; politically neutral and form a type
of pressure group within the Lords.
The Lords position as the highest appeal court was replaced by the Supreme Court.
Senior judges within the Lords creates a wealth of legal knowledge making a great contribution to the legislative process.
Peers who have a
party allegiance tend to be more independent than MPs because politics isn’t
there principal occupation, so the whips have little leverage over them.
The House of
Lords is becoming more significant because…
-
Previously
less significant as there was a large majority of hereditary peers that had no
interest in legislations.
-
Previous
permanent in-built Conservative majority
Lords couldn’t wield any great influence
as it was clearly undemocratic.
Changes in the
prestige and influence of the Lords:
-
Large
government majorities became normal in the Commons. (1983, 1987, 1997, 2001) meaning opposition was weaker meaning
the Lords felt it their duty to strengthen parliamentary opposition.
-
Lords
developed a new ‘professionalism’ – taking their role more seriously,
specialists in their area of policy,
-
Reform
of the Lords, 2000 removed all but 92 hereditary peers, giving the Lords
greater authority. Not a democratic body, but more representative politically
and socially of the country.
-
Coalition
changed the behaviour of the Lords: coalition lacked a mandate as its coalition
agreement hadn’t been presented to the electorate. Lords argued that the
coalition hadn’t been elected either. Coalition became a second opposition.
-
Stronger
rights culture because of the ECHR on British law in 2000. Lords: containing
lawyers and human rights experts has taken the guardian of individual rights
against governments that have been accused of being too dictatorial.
The average
number of government defeats per annum in the Lords under:
Labour
(1997-2009) – 43
Conservative
(1979-97) – 13
This was because
up to 2000 there was a built in Conservative majority in the Lords; hereditary
peers that were allowed to vote.
After 2000 the
Lords gained greater legitimacy and acted in an independent, confident manner.
ISSUE
|
DETAIL
|
OUTCOME
|
House
of Lords Reform 1999
|
Objected to the complete
abolition of voting rights for hereditary peers
|
Government had to
compromise; 92 hereditary peers remained
|
The
legal age of consent for homosexual males 1998/9
|
Voted twice, to lower
from 18 to 16
|
November 2000, forced the
measure through the 1949 Parliament Act
Passed in two consecutive sessions in the Commons |
Anti-Terrorism
legislation 2001
|
Defeated on 10 occasions;
proposing key amendments
|
Compromise: Removing
incite to religious hatred as an offence
|
Hunting
with Dogs 2001
|
Blocked. Time ran out –
2001 GE
|
Postponed and passed by
both Houses in 2004
|
Anti-Terrorism
legislation 2005
|
Unacceptable after a
successful appeal by Belmarsh prisoners in the law lords – suspects shouldn’t
be detained without trial
|
Accept amendments; terror
suspects had movements restricted but couldn’t be detained
Hostile
suggestions for amendments to force the government to compromise
|
Gambling
Order 2007
|
Rejected a plan to allow super casino to be built in Manchester
|
Review its plans for
casinos to be opened
|
Political
Parties and Elections Bill 2009
|
Rejected a clause
‘all donors to UK
political parties should be resident in the UK for tax’
|
Clause dropped
|
Equality
Bill 2010
|
Amendment excluding the
Church of England end discrimination against the old, gay, disabled
|
Against government
opposition but it was accepted
Hostile amendment to make an exemption for Christian churches to discriminate on sexuality when employing priests |
Health
and Social Care Bill
and Welfare Reform Bill 2012 |
Both bills amended
extensively; delayed the progress through Parliament
|
Accepted the amendments
Changed significantly.
|
LORDS
|
Can delay passages of
bills for a year – 1949 Parliament Act
|
No power over financial
bills – 1911 Parliament Act
|
They cannot block
legislation that appeared in the governments previous election manifesto – Salisbury Convention
|
Amendments proposed by the
Lords must be approved by the Commons
Protect
minorities/ improve the quality of legislation
University top up tuition
fees 2003/4
|
Lords can delay
legislation by passing same amendments over and over until a compromise is
reached
Hunting with dogs
|
Debate current issues;
IVF, mercy killing, abortion, embryo research
|
RELATIONSHIP between Government (executive) and Parliament (legislature) = FUSED
Backbenchers and frontbenchers sit
together in the chamber
©
Governments
are rarely removed from office prematurely; give 5 years before another
election – much more stable
© Can carry out their manifesto
commitments without obstruction; electorate vote for a party that can be
granted a solid mandate
|
§ Can become too dictatorial; legislation
not scrutinised properly
§ Government loses the confidence of the
public – Parliament can remove a government by a vote of no confidence
|
Government dominates Parliament…
-
Single
party majorities help the executive to dominate
No party majority means the executive power is weakened
No party majority means the executive power is weakened
-
Party
loyalty is traditionally strong ; parliamentary majority with confidence
Party rebellion would weaken the government
Party rebellion would weaken the government
-
Prime
ministerial patronage; bound by collective majority
Coalitions weaken PMs power as posts are controlled by the coalition partners
Coalitions weaken PMs power as posts are controlled by the coalition partners
-
Whips
can suspend or remove MPs from a party
De-selection they will not be the party candidate anymore
De-selection they will not be the party candidate anymore
-
PM
used to threaten MPs with dismissal
Fixed term parliament removes this
Fixed term parliament removes this
-
Lords
are a thorn in the governments side
Lords are not legitimate, must bow to the authority of the government
Lords are not legitimate, must bow to the authority of the government
COMMONS STRENGTHS
|
COMMONS WEAKNESSES
|
The ultimate power to
remove a government – Vote of No
Confidence
|
Normally comfortable
majority – dominate MPs through patronage and discipline
|
MPs can veto legislation
under exceptional circumstances
Threatening a veto forces compromises |
Legislative standing
committees are controlled by whips – amending legislation is difficult
|
Force legislative
amendments from the government
|
Insufficient time and
support to be able to call government to account
Ministers are skilful in
avoiding intrusive questioning
|
MPs call ministers to
account – select committees
|
Limited role in developing legislation
|
Constituency MPs – raise
grievances
|
Not socially representative
– lacking ethnic minorities and women
|
Interest and cause groups
are represented by MPs
|
Government ignores
Parliament, consulting groups and the public
|
Influence and can thwart
the will of the government
|
MPs don’t like election
time; government can fall at anytime demanding obedience
|
Parliamentary reform – Lords
Stage 1- removing the voting rights of hereditary
peers; 800 or so. 1988 Margaret Thatcher’s Poll Tax; backwoodsmen voted –
legislation was passed. 92 remained.
Stage 2 - Removal
of the remaining 92 hereditary peers – allowing them to die out as the only way
to remove them. There really should be a fully appointed second chamber
Stage 3 – Main
parties agree that there should be a fully elected chamber/ partly elected
FUTURE:
Brown – unable to complete reform
all elected second chamber by regional list
Brown – unable to complete reform
all elected second chamber by regional list
Second
chamber: consider opponents and supporters
FULLY APPOINTED – for
|
FULLY APPOINTED – against
|
FULLY ELECTED – for
|
FULLY ELECTED - against
|
Brings people who don’t
want to go through election
|
Too much power into the
hands of those responsible for appointing members – corruption
|
More democratic
|
Elected second chamber
would mirror Commons creating a deadlock between the Houses
|
Adequate representation –
major groups and associations
|
Undemocratic holds –
prehistoric ideals
|
Eliminate corrupt
practices in relation to appointments to the Lords
|
Too many elections –
voter fatigue and apathy
|
More independents – cross
benchers/ politically neutral
|
Lacks legitimacy and
public support – people have no part in the composition
|
Democratic balance
against the power of the government if elected by PR so no party wins overall
majority
|
Over powerful second
chamber would weaken the legislature
|
Smaller parties have a
greater representation
|
Another part of the
legislature that is dominated by parties
|
COMMONS reform
-
Select
committees receive additional salary raising their status and influence
-
Select
committees are elected by backbenchers making them more independent – not by
party whips
-
Backbench
Business Committees – members elected by other MPs; schedule debates
independent of government, 20 days in the year triggered by e-petitions
-
Commons is reduced to 50 members
-
Size
of constituency is made equal – Commons more legitimate
-
Constituents
given the power of recall – unsatisfactory MPs can be removed, by
elections
-Tamanna
-
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