Functions of Parliament

Question 1

What is the legislation function of Parliament?

Answer 1

It is often seen as the key function of assemblies - hence their common description of “legislatures”. Assemblies or parliaments are typically given legislative power in the hope that the laws they make will be seen as authoritative and binding. This is due to:
A Parliament/Assembly is a forum in which proposed laws can be openly discussed and debated
Parliaments/Assemblies are constituted to suggest that “the people” make the laws themselves.

Question 2

How does Parliament’s legal sovereignty help Parliament in fulfilling its legislation function?

Answer 2

Only Parliament can make laws for the UK or give power to other bodies to do so (the EU is granted that power by an Act of Parliament; similarly the devolved regional assemblies are granted power by the UK Parliament).

Question 3

How does Parliaments inability to bind future Parliaments help fulfil its legislation function?

Answer 3

This means that any law made in one Parliament can be amended or repealed by a future Parliament

Question 4

How is Parliament’s ability to make constitutional law help fulfil its legislation function?

Answer 4

The UK Parliament is unusual that it can do this, as constitutional law is not normally done by the assembly alone.

Question 5

How do white papers and bills help Parliament fulfil its legislation function?

Answer 5

White Papers and Bills are published for anyone to see before Parliament makes a decision; citizens can lobby their MP about them; pressure groups can make their views on the Bill known either through being consulted or by organising protests.

Question 6

How can ministers secondary legislation impede Parliament from performing its legislation function?

Answer 6

Ministers can make secondary (delegated or subordinate) legislation - most commonly through Statutory Instruments - which have little parliamentary scrutiny.

Question 7

Why do legislative proposals coming from the executive impede Parliament from performing its legislation function?

Answer 7

Most legislative proposals come from the executive. Private Members’ Bills have only a small chance of success

Question 8

Why do government defeats on bills being rare impede Parliament from performing its legislation function?

Answer 8

Government defeats on Bills are rare, especially when the party in government has a significant majority.

Question 9

What is the scrutiny function of Parliament?

Answer 9

Parliaments/Assemblies have increasingly become scrutinising bodies with a key role of delivering “accountable” or “responsible” government. Because in Parliamentary government the executive governs in and through Parliament it can only ultimately function with the support of Parliament.

Question 10

How do procedures help Parliament fulfil its scrutiny function?

Answer 10

Procedures are built in to ensure that this function is embedded. The PM and ministers are regularly questioned by MPs, both orally and in writing; select committees scrutinise bills before they become law

Question 11

How do backbenchers help Parliament fulfil its scrutiny function?

Answer 11

Backbenchers from all parties can participate in scrutiny. This means that a range of views can be heard, including dissenting voices from the government’s own party members.

Question 12

How does the government impede Parliament from fulfilling its scrutiny function?

Answer 12

The government has an inbuilt advantage in votes in Parliament and in committees

Question 13

How does the membership of committees impede Parliament from fulfilling its scrutiny function?

Answer 13

Membership of committees is heavily influenced by the whips.

Question 14

How do debates and questions impede Parliament from fulfilling its scrutiny function?

Answer 14

Debates and questions especially in the Commons tend to be show-piece events.

Question 15

Why do limited resources impede Parliament from fulfilling its scrutiny function?

Answer 15

Resources available to committees are limited, meaning that their ability to gain the information necessary to put alternative views is limited.

Question 16

Why could the opposition party impede Parliament from fulfilling its scrutiny function?

Answer 16

If the official opposition party is in disarray, there’s no real alternative being proposed.

Question 17

What is the representation function of Parliament?

Answer 17

Parliament provides an important link between government and the people. However the way representatives do and should carry out their role is complex. The traditional view (Burke’s view) was that MPs should act according to their own judgement, entrusted by their constituents to act on their behalf. The (idealistic) view that the composition of the assembly or Parliament should reflect or mirror the composition of society is another view of how representation should happen - the resemblance model.

Question 18

How do MPs acting with their conscience help Parliament fulfil its representation function?

Answer 18

MPs can speak and vote in accordance with their conscience, provided they aren’t ambitious for promotion

Question 19

How do the electorate help Parliament fulfil its representation function?

Answer 19

The electorate can vote out MPs at the next election if they feel their views aren’t being represented.

Question 20

How do MPs raising issues help Parliament fulfil its representation function?

Answer 20

MPs can raise issues on behalf of constituents either orally or in writing

Question 21

How does the composition of Parliament help Parliament fulfil its representation function?

Answer 21

The composition of Parliament is gradually changing to include more women, members of ethnic minorities, non C of E member etc.

Question 22

How might party discipline impede Parliament from performing its representation function?

Answer 22

In recent years the tight discipline exercised by political parties conflicts with the idea that MPs can act according to their own conscience. The doctrine of mandate suggests that in modern times parties are the central mechanism through which representation takes place

Question 23

How does the House of Lords impede Parliament from performing its representation function?

Answer 23

The House of Lords is unelected - its members don’t represent constituents.

Question 24

Why do both Houses impede Parliament from performing its representation function?

Answer 24

Both Houses are male dominated

Question 25

What is the legitimation function?

Answer 25

In parliamentary systems, the executive operates through Parliament and requires the support of Parliament to provide it with its authority. As the House of Commons is all-elected, MPs indirectly act as the voice of the people - and if a majority of them is satisfied that they generally have confidence in the way the executive is running the country then the executive can be said to have legitimate power.

Question 26

How do the various methods of MPs hearing from constituents help Parliament fulfil its legitimation function?

Answer 26

MPs have various ways to hear the views of their constituents such as letters, surgeries, phone calls etc.) and so can put their concerns to the executive

Question 27

How do Parliamentary debates help Parliament to fulfil its legitimation function?

Answer 27

Parliamentary debates are televised, broadcast on the radio, reported in newspapers - thus Parliament has an “educational” element in conveying to the public what the government is doing

Question 28

How do no confidence motions help Parliament fulfil its legitimation function?

Answer 28

A no confidence motion (if carried) triggers a General Election

Question 29

How does party discipline impede Parliament from fulfilling its legitimation function?

Answer 29

Party discipline is very tight. MPs in the government party may be unwilling to indicate a lack of support of its own leadership.

Question 30

How does the executive having direct access to the media impede Parliament from fulfilling its legitimation function?

Answer 30

The executive now has direct access to the media to inform the public of its actions, giving its own version of events. Tony Blair was often criticised for by-passing Parliament and giving information directly to the media.

Question 31

How does Parliament not always being aware of all the information impede Parliament from fulfilling its legitimation function?

Answer 31

Parliament may not always be aware of all the information given to the executive which limits the way it can be said to give informed approval to government actions.

Question 32

What is the recruitment to government function of Parliament?

Answer 32

The PM, Secretaries of State, Ministers, PPSs (Parliamentary Private Secretaries) in the executive are all drawn from the House of Commons (the majority) or the House of Lords. If the PM wishes to appoint someone who isn’t a member of the Lords or the Commons s/he must create a Life Peerage for them.

Question 33

What is the advantage of drawing the executive from the legislature?

Answer 33

Would-be members of government had to prove themselves either to be elected in a constituency or to have served the country in some way in order to have gained a Life Peerage. Hence members of government will normally have learned the skills necessary for the posts and to have some measures of support other than that of the PM.

Question 34

What are the disadvantages of drawing the executive from the legislature?

Answer 34

It may exclude people whose talents would be useful to government
It may foster a cult of party discipline so that MPs and peers who are ambitious have to stifle their own opinions and vote with the party line in order to win favour with the PM.

Question 35

What is the deliberation function?

Answer 35

Both Houses of Parliament are debating chambers and debates are regularly held on topics of interest - not just on Bills.