3.1.1.2 the structure and role of parliament Flashcards
House of Commons
The lower chamber, and the primary chamber, of the UK legislature. It is directly elected by voters.
House of Lords
The upper chamber of the UK legislature. It is not directly elected by voters
Bicameralism
this term describes a politcal system in which there are two chambers in the UK legislature
Advantages of Bicameralism
-the upper house provides checks and balances
-provides gretaer scruntiny and revision of legislature
-represents different interests
Disadvantages of Bicameralism
-institutional conflict between the two houses which produces legislative gridlock
-indirectly elected upper house may frustrate the will of the democratically elected lower house
legislature
the branch of government responsible for passing laws
parliament
an assembly that has the power to debate and make laws.
how is each member elected?
FPTP
Is the number of MPs fixed?
No. In 2016, the Conservative government confirmed its commitment to cut the number of MPs to 600 and equalise constituency size by 2020
what are ministers and shadow ministers known as
front benchers
what are MPs that have no ministerial or shadow ministerial posts also known as
backbenchers
parliamentary privilege
The legal immunity enjoyed by MPs, particularly their right to free speech in parliament
two elements of parlaimentary privilege
-freedom of speech
-exclusive cognisance
freedom of speech
Members of both houses are free to raise any issue in parliament without fear of prosecution
exclusive cognisance
this is the right of each houses to regulate its own internal affairs without interference from outside bodies
divisons
a vote in parliament
whip
a party offical responsible for ensuring that MPs turn up to parliamentary votes and follow party instructions on how to vote
what are the three main roles of whips
-ensuring that MPs attend parliamentary divisions and approving the absence of MPs when their vote isn’t required
-issuing instructions on how MPs should vote
-enforcing discipline within the parlaimentary party
what is the role of the speaker?
Presides over debate in the chain by selecting MPs to speak and maintaining order. They may temporarily suspend MPs who break Parliamentary rules.
how is the speaker elected
by MPs through secret ballot
hereditary peers
a member of the house of lords who, since 1999, has been selected from those who inherited their title
life peer
a member of the house of lords who has been appointed to the chamber for their lifetime
peer
a member of the house of lords
different categories of members in house of commons
-hereditary peers
-life peers
-lords spiritual
peerages act 1963
-allowed hereditary peers to renouce their titles and membership of the lords.
-allowed douglas-home to leave the lords and win by by-election to the house of commons when he became Conservative party leader and prime minister in 1963
-also allowed for women hereditary peers to sit
what was significant about the 1958 and 1999 act together
they brought about signifcant changes to the composition and working of the house of lords. the creation of the life peers increased the diveristy and professionalism.
proposals of reform to the house of lords
-Free vote 2003 - MPs had a free vote on seven options proposed by a parlaimentary joint committee
-White Paper 2007 - hybrid house, 50% elected 50% appointed
-House of Lords bill 2012 - proposed a chamber of 360 elected members 90 appointed members 12 bishops and 8 ministerial members
Exclusive powers of the house of commons
-the right to insist on legislation - in cases of conflict over legislation the lords should ultimately give way to the commons
-financial privilege - the lords cannot delay or amend money bills
-the power to dismiss the executive - if the government is defeated on a motion of no confidence, it must resign
what legislation underpins the commons primacy
parliament act of 1911 and 1949
conventions covering the relationship
-the sailsbury doctrine - bills implementing manifesto commitments should not be opposed by the lords
-reasonable time - the lords should consider government business with a reasonable time
-secondary legislation - the lords does not usually object to secondary legislation
The parliament acts
The House of Lords does not have a veto over legislation approved by the House of Commons. It can onlt delay bills fro up to one year, Prior to 1911, it could block bills passed by the commons indefinitely. The parliament act 1911 restricted this veto power to two parliamentary sessions, which was reduced to one by the parliament act 1949.
financial privilege
-The house of lords cannot delay or amend money bills. the parliament act 1911 states that any bill certified by the speaker as a money bill which is not passed by the lords unamended within a month can recieve royal assent without the agreement of the lords.
-The commons can also claim finacial privilege when the lords passes an amendment to legislation that has finacial implications, such as creating new spending.
confidence and supply
-the commons can remove the government by defeating it in a motion of no confidence. the lords does not vote on confidence motions.
-before 2011, defeat in the commons on such a motion or on the queens speech would trigger the resignation of the government
fixed term parliament act 2011
clarified and limited what is treated as a confidence motion. Only a commons motion stating ‘that this house has no confidence in His majesty’s government’ is now treated as a motion of no confidence. if passed, and no alternative government is approved by the commons within 14 days, parliament is dissolved and a general election is called
the sailsbury convention
The Sailsbury Convention states that the House of Lords should not vote against a bill that seeks to an act manifesto commitment of the governing party on second or third reading no should it agree wrecking amendments
times the sailsbury convention has come under strain
-in 2006 pairs voted against an identity card bill despite it featuring in labour is 2005 manifesto. They argue that leave I have not won sufficient support of the election to claim a democratic mandate and that the convention was outdated as it relates to a time when the other house has the inbuilt conservative majority.
-lib dem conservative 2010 coalition
reasonable time convention
-The government needs to get its legislative proposals through parliament in a reasonable time. Whereas the government has significant control of the parliamentary timetable in the commons, it does not have this in the lords.
-the convention thus emerged that laws should consider all government business within a reasonable time
secondary legislation and the lords
-Parliament delegates to ministers the authority to issue secondary legislation which brings into force or amends part of an act. The parliament act do not cover legislation but it is a convention that the lords does not usually reject it.
-the review recommended that the commons should be able to override any lords vote to rejct secondary legislation.
-May’s government announced that it had no plans to curb the power of the lords
a more assertive house of lords
since the removal of hereditary peers the house of lords has become more assertive in the legislative process
-blair and brown were defeated 7 times in the commons but over 400 in the lords. moat of these happened on judicial and constitutional matters as they are of a particular interest of the peers
-many key provisions in bills are dropped liek the public bodies bill 2010-12, including plans to privatise the forestry committee