Institutions and functions of Parliament Flashcards
What are the primary functions of Parliament?
1) Provide democratic legitimacy to government, 2) Scrutinize government policy, 3) Act as forum for political debate, 4) Legislate, 5) Enable tax raising and spending, 6) Represent constituents.
How is the House of Commons composed?
Democratically elected representatives from constituencies, including government ministers (majority party) and backbench MPs from all parties.
What major change affected the House of Lords composition in 1999?
The House of Lords Act 1999 removed most hereditary peers, leaving only 92, making the Lords predominantly appointed life peers.
What is the typical origin of legislation in the UK Parliament?
Most legislation is initiated by the Government, though individual MPs can introduce Private Members’ Bills.
What is the significance of the King’s speech in the legislative process?
It announces the Government’s legislative agenda at the start of a Parliamentary session.
What happens when the Lords amend a Commons bill?
The bill returns to Commons to consider amendments. If rejected, it’s sent back to Lords. If no agreement is reached, the Parliament Act 1949 may be invoked to pass it without Lords’ consent.
How do political parties affect parliamentary scrutiny?
Party discipline often means MPs vote along party lines rather than independently evaluating legislation, potentially reducing effective scrutiny.
What role do government “whips” play in Parliament?
They pressure MPs, especially backbenchers, to support the government’s legislative agenda, reinforcing party discipline.
Where are politically high-profile bills typically introduced?
In the House of Commons rather than the Lords.
Why are some non-controversial bills introduced in the House of Lords first?
For efficient use of limited Parliamentary time, as the Lords can begin scrutiny while Commons deals with more contentious legislation.
What is the formal role of the monarch in the UK executive?
The monarch is Head of State and formally the source of executive power, though in practice executive power is exercised by the Prime Minister and Cabinet.
What convention governs the appointment of a Prime Minister?
The monarch appoints the person best able to command an overall majority in the House of Commons, typically the leader of the majority party.
Who is recognized as the first Prime Minister in British history?
Robert Walpole, who served from 1721 until 1742 (though he used the title “First Lord of the Treasury”).
What are the powers of the Prime Minister?
1) Head of government, 2) Policy development, 3) Appointment of ministers (patronage), 4) Control over government machinery, 5) Creation/enforcement of Ministerial Code.
How is “His Majesty’s Government” formed?
From the Cabinet, which is a committee of the most senior government ministers led by the Prime Minister.
What are the three ways Parliament can demonstrate confidence in the government?
1) Vote of confidence, 2) Vote of no confidence, 3) Vote on a substantive issue considered an issue of confidence.
What must a government do if it loses Parliament’s confidence?
Either resign or request that the sovereign dissolve Parliament, triggering a general election.
What are the two main elements of collective ministerial responsibility?
1) Confidentiality: cabinet meetings are private, 2) Unanimity: once cabinet decides, all ministers must support the decision publicly or resign.
When has collective ministerial responsibility been suspended?
During referendums (e.g., 1975 and 2016 EU membership votes) and certain controversial issues (e.g., Heathrow expansion under Theresa May).
What is individual ministerial responsibility?
Ministers have a duty to Parliament to account for the policies, decisions and actions of their departments.
How did the Act of Settlement 1701 affect the judiciary?
It provided greater security of judicial tenure, enhancing judicial independence.
What does Section 11(3) of the Senior Courts Act 1981 establish about judicial tenure?
What does Section 11(3) of the Senior Courts Act 1981 establish about judicial tenure?
Judges hold office “during good behaviour,” removable only by the Monarch on address from both Houses of Parliament.
What case demonstrated problems with judicial misconduct and the difficulty of removal?
Sir Peter Smith’s case - despite inappropriate conduct including refusing to recuse himself in conflicts of interest and using a coded message in a judgment, he remained a judge until resignation.
What were the Lord Chancellor’s three roles before 2005?
1) Judicial - law lord and head of judiciary, 2) Executive - cabinet member, 3) Legislative - presiding officer of the House of Lords.
