Legislature Flashcards
How is UK Parliament helped in fulfilling its legislation function?
Legal sovereignty
No Parliament can bind future Parliaments
Can make constitutional law
White papers and bills are published for anyone to see them before Parliament makes a decision
What are the 6 main functions of Parliament?
Legislation (law making)
Scrutiny (holding government to account)
Representation (link between government and people)
Legitimation (gives government authority)
Recruitment to government
Deliberation
How may Parliament be impeded in performing its legislative function?
Ministers can make secondary legislation - most commonly through Statutory Instruments - which have little Parliamentary scrutiny.
Most legislative proposals come from the executive
PMB’s have little chance of success
Government defeats on Bill are rare, especially when the party in government has a significant majority
How is Parliament helped in achieving its scrutiny function?
PM and ministers are regularly questioned by MPs, orally and in writing; select committees can question actions of ministers and civil servants; standing committees scrutinise bills before they become law. Backbenchers participate in scrutiny, so a range of views can be heard, including dissenting voices from the government’s own party members.
How may Parliament be impeded from performing its scrutiny function?
Government has inbuilt advantages in votes in Parliament
Membership of committees heavily influenced by whips
Debates and questions (especially in Commons) tend to be show piece events
Resources available to committees are limited, meaning their ability to gain information is limited when opposition is in disarray, no real alternative being proposed
How is UK Parliament helped in achieving its representation function?
MPs can speak and vote in accordance with their conscience, provided they’re not ambitious for promotion
The electorate can vote out MPs at the next election if they feel their views aren’t being represented
MPs can raise issues on behalf of their constituents orally or in writing
The composition of Parliament is gradually changing to include more women, members of ethnic minorities etc.
How might Parliament be impeded from performing its representation function?
Tight party discipline conflicts with the idea that MPs can act according to their own conscience
The House of Lords in unelected - its members don’t represent constituents
Both Houses are male dominated
How is Parliament helped in fulfilling the legitimation function?
MPs have various ways to hear the views of their constituents and so can put their concerns to the executive
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
A no-confidence motion triggers a General Election
How may Parliament be impeded from performing its legitimation function?
Tight party discipline means that MPs in the governing party may be unwilling to indicate a lack of support for its own leadership
Executive has direct access to media to inform the public of its actions, giving its own version of events.
Parliament may not always be aware of all information given to the executive which limits the way it can be said to give informed approval to government actions.
What is the advantage of drawing the executive from the legislature? (Recruitment to government)
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 measure of support other than that of the PM.
What are the disadvantages of drawing the executive from the legislature? (Recruitment to government)
May exclude people whose talents would be useful in 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
What are the features of Parliament?
Bicameralism
Fusion of powers
How many members of a select committee are there?
11-14 members elected by the Commons
What type of people are the chair persons?
A significant parliamentary personality with a good deal of influence
Why are select committee positions so highly sought after?
The additional salary, which is above an MP’s pay
