3.1.1.2 the structure and role of parliament Flashcards
1
Q
House of Commons
A
The lower chamber, and the primary chamber, of the UK legislature. It is directly elected by voters.
2
Q
House of Lords
A
The upper chamber of the UK legislature. It is not directly elected by voters
3
Q
Bicameralism
A
this term describes a politcal system in which there are two chambers in the UK legislature
4
Q
Advantages of Bicameralism
A
-the upper house provides checks and balances
-provides gretaer scruntiny and revision of legislature
-represents different interests
5
Q
Disadvantages of Bicameralism
A
-institutional conflict between the two houses which produces legislative gridlock
-indirectly elected upper house may frustrate the will of the democratically elected lower house
6
Q
legislature
A
the branch of government responsible for passing laws
7
Q
parliament
A
an assembly that has the power to debate and make laws.
8
Q
how is each member elected?
A
FPTP
9
Q
Is the number of MPs fixed?
A
No. In 2016, the Conservative government confirmed its commitment to cut the number of MPs to 600 and equalise constituency size by 2020
10
Q
what are ministers and shadow ministers known as
A
front benchers
11
Q
what are MPs that have no ministerial or shadow ministerial posts also known as
A
backbenchers
12
Q
parliamentary privilege
A
The legal immunity enjoyed by MPs, particularly their right to free speech in parliament
13
Q
two elements of parlaimentary privilege
A
-freedom of speech
-exclusive cognisance
14
Q
freedom of speech
A
Members of both houses are free to raise any issue in parliament without fear of prosecution
15
Q
exclusive cognisance
A
this is the right of each houses to regulate its own internal affairs without interference from outside bodies
16
Q
divisons
A
a vote in parliament
17
Q
whip
A
a party offical responsible for ensuring that MPs turn up to parliamentary votes and follow party instructions on how to vote
18
Q
what are the three main roles of whips
A
-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
19
Q
what is the role of the speaker?
A
Presides over debate in the chain by selecting MPs to speak and maintaining order. They may temporarily suspend MPs who break Parliamentary rules.
20
Q
how is the speaker elected
A
by MPs through secret ballot
21
Q
hereditary peers
A
a member of the house of lords who, since 1999, has been selected from those who inherited their title
22
Q
life peer
A
a member of the house of lords who has been appointed to the chamber for their lifetime
23
Q
peer
A
a member of the house of lords
24
Q
different categories of members in house of commons
A
-hereditary peers
-life peers
-lords spiritual
25
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
26
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.
27
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
28
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
29
what legislation underpins the commons primacy
parliament act of 1911 and 1949
30
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
31
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.
32
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.
33
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
34
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
35
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
36
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
37
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
38
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
39
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
40
4 factors that have increased effectiveness of the house of lords
-party balance
-enhanced legitimacy
-government mandate
-support from MPs
41
party balance
-No party has a majority in the house of lords, so governments must win cross-party support for their legislation.
-The votes of Lib dem proved crucial - if they vote with the opposition, the government faces defeat
-the government is most likely to give ground when it's own peers rebel or abstain
42
enhanced legitimacy
the reformed lords is more confident of its legitimacy and more willing to show its strength on legal and constitutional issues
43
government mandate
peers have questioned whether the sailsbury convention should apply in periods of coalition or when the governing party wins the support of less than a third of the electorate
44
support from MPs
the lords has been most effective in forcing the government to amend its proposals when MPs, particularly backbenchers from the governing party, support from amendments
45
debates about relative powers
the relative powers of the two chambers reflect their different functions and legitimacy. The commons has primacy because it has the democratic legitimacy which the lords lacks.
46
Input legitimacy
the composition of an institution and its responsiveness to citizens' concerns as a result of participation by, and representation of, the people.
47
Output legitimacy
the quality and effectiveness of an institution's performance and outcomes for people.
48
input vs output in parliament
the commons has input legitimacy because of its composition (it is directly elected and accountable to voters), whereas the lords has output legitimacy becuase of what it delivers (its scruntiny and revision produces better quality legislation)
49
functions of parliament
-legislation
-scrutiny and legislation
-debate
-recruitment of ministers
-representation
50
legislation as a function of parliament
Parliament is the legislative branch of the political system. This indicates that parliament's main function is making law
51
Bill vs Act
a bill is a draft legislative proposal that is debated in parlaiment. When a bill has completed the legislative process and enters into law it is an act of parliament.
52
what bills can a government produce
they can produce either a green paper or a white paper
53
green paper
a government document setting out various options for legislation and inviting comment
54
white paper
a government document setting out a detailed proposal for legislation
55
the legislative process
1) first reading
2) second reading
3) committee stage
4) report stage
5) Third reading
6) house of lords stage
56
first reading
The formal presentation of the title of the bill on the floor of the house by a minister from the resposible department. There is no debate or vote at this stage.
57
second reading
The main debate on the principle of the bill. The government minister explains and justifies the objectives of the bill, the shadow ministers responds and backbenchers contribute to the debate.
58
what happens if a bill is contested?
A vote is taken.
59
Committee stage
Bills are sent to a piblic bill committee, where detailed scruntiny of each clauses takes place and amendments can be made. Amendments are often tabled by the government as it seeks to clarify and improve the bill.
60
public bill committees
a committee responsible for the detailed consideration of a bill
61
report stage
Amendments made in a committee are considered by the full house of commons. It may accept, reject or alter them. MPs not on public bill committee now have an oppourtunity to table Amendments. John major's gov lost a report stage vote on the Maastrichts treaty in 1993, but made the issue a matter of confidence and won by 40 votes. In 2015, due to EVEL new procedures were introduced.
62
Third reading
A debate on the amended bill on the floor of the house. No further amendements are permitted.
63
House of lords stage
The bill is sent to the house of lords, where these stages are repeated. If I meant to the bitter made in the Lord is common to migrate the reject them or amend them further. Bill may go back north between the two houses in the process known as Parliamentary ping-pong.
64
three types a private member bill can take
-Ballot
-ten minute rule bill
-presentation
65
secondary legislation
a law made by minsters, who have been grnated this authority by an act of parlaiment rather than made by parliament.
66
three classifications of legislature
-policy-making legislatures
-policy influencing legislatures
-legislatures with little or no policy influence
67
policy making legislatures
these amend or reject legislative proposals made by the executive, and can put forward alternative bills
68
policy influencing legislatures
these can modify or reject legislative proposals from the executive but are unable to develop extensive legislative proposals of their own
69
legislatures with little or no policy influence
these are unable to modify or veto legislative proposals from the executive and cannot formulate meaningfull alternative policy proposals of their own.
70
accountability
The principle that an office holder or institution must account for their actions.
71
parliamentary scruntiny
The role of parliament in examing the policies and work of the executive, and holding it to account
72
why is parliamentary scruntiny and accountability an important function?
It means that the governments legislative process can be scruntinised, parliament also exercises a general scrutiny and oversight role. It scrutinises the actions of the executive and ensures government accountability by requiring ministers to explain and justify their actions.
73
parliamentary questions
government ministers face questions from MPs on the floor of the house.
74
PMQ's
Provides an oppourtunity for the leader of the opposition, the leaderr of the third largest party and backbenchers to question the prime minister.
75
evaluation of PMQ's
provides parliamentary theatre rather than effective scruntiny
76
The role of the opposition
The leader of the opposition has special privileges additional salary right response first prime minister made a statement and the right to ask six questions at the PMQ's.
77
the work of select committees
Select Committees have extended and enhancxed parliamentary scruntiny of the executive. The overall aim is to hold the governemnt accountable for policy and decision making, and support parliament in scrutinising legislation and government spending
78
how are MPs elected to select committees
secret ballot
79
why has the effectiveness in the recruitment and development of future government ministers has become questionable?
-Communication skills
-Experience - due to high turnover of MPs
-Conformity
80
Delegate model
A delegate model is an individual selected to act on behalf of others on the basis of clear instructions. They should not depart from these instructions in order to follow their own judgement.
81
Trustee model
Edmund Burke (1729-97) proposed the trustee model of representation. MPs are responsible for representing the interests of their constituents in parliament. Once elected, they are free to decide how to vote based on their own independent judgement of the merits of an issue.
82
Delegate
An individual authorised to act on behalf of others but who is bounds by clear instructions
83
Representation
The process by which an individual/s act on behalf of a larger group
84
Representative
An individual who acts on behalf of a larger group but is free to exercise their own judgement
85
Trustee
An individual who has formal responsibility for the interests of another
86
Constituency representation
- MPs are expected to protect and advance the collective interests of the constituency they represent, and to represent the interests of individual constituents.
- MPs hold regular surgeries in which constituents can discuss problems or concerns.
87
Party representation
- Striking the right balance between representing the views of the local party members who selected them and of the voters who elected them can be tricky for MPs.
88
Descriptive representation
Descriptive representation occurs when a legislature mirrors the society it represents. In this perspective, parliament should be a microcosm of society with all major social groups included in numbers proportional
to their size in the electorate.
89
Which party tends to have higher female candidates?
Labour
90
Increasing the number of women candidates
- All-women shortlists
- Priority lists
91
Key factors of the legislative-executive relations
- the government's parlaimentary majority
- the extent of party unity
92
Importance of a government majority
- A government with a large majority is in
a commanding position, able to push its legislation through parliament by utilising the whip system and controlling the parliamentary timetable.
93
minority government
the party with the largest number of seats governs alone. It may be able to persuade a smaller party to support it on the budget and Queen's Speech. This is known as a 'confidence and supply' deal. It is difficult to sustain a minority government for long, although the Fixed-term Parliaments Act 2011 limits what counts as a confidence motion.
94
Coalition government
Two or more parties form the government, having reached a formal agreement on a legislative programme and cabinet posts.
95
Examples of a coalition
2010 conservative lib dem coalition
96
effectiveness of Backbench MPs
-The strengthening of select committees, creation of the Backbench Business Committee (BBBC) and greater use of urgent questions have given backbench MPs more opportunity to scrutinise government.
97
Has parliament become more effective?
-Parliamentary scrutiny of the executive has been enhanced in recent years by the increased assertiveness of backbench MPs and the House of Lords.
- the election of select committee chairs and members
- new mechanisms for citizens to petition parliament
-The prime minister is now obliged to get parliamentary consent before calling an early election.
98
Parliament and Brexit
-Brexit poses significant challenges for parliament. The 2016 EU referendum was a move away from parliamentary sovereignty towards popular sovereignty. It provoked competing claims of legitimacy. The government claimed that parliament should not frustrate Brexit but
many MPs sought to reassert parliamentary democracy. Some noted Chapter 5 Parliament that referendums are advisory rather than binding; others accepted the result but argued that the terms of withdrawal should be subject to parliamentary consent.
