Parliament Flashcards
Outline the origins if the British Parliament
1 King Henry 111 did not want to share power which provoked the nobility led by Simon de Montfort
2 Henry was captured at the ball tel of Lewis in1624
3 Simon de Montfort summoned representitives of nobility, senior churchmen, 2 knights from each county and 2 burgesses from leading towns to meet in Westminster Hall in 1265
4 Because he broadened membership beyond nobility the De Montfort Parliament is often considered the first English Paliament
Outline the key events in the development of the Uk parliament
1 de Montfort Parliament 1265 - he summoned commoners as well as noblemen and churchmen to Westminster Hall to discuss reform is generally seen as first recognizable parliament
2 Bill of Rights 1689 - agreement of King William 111 to parliament Bill of rights established the principle of parliamentary sovereignty before this Houses of Parliament increasingly asserted its authority against the crown
3 Extension of the franchise 1832, 1867, 1884, 1918, 1928 and 1969 - these parliamentary acts gradually extended the franchise until in 1928 the principle of universal franchise was established - vote given to everyone over the age of 21 in 1969 the voting age was reduced to 18
4 Parliamentary Acts 1911 and 1949 - the 1911 act established the House of Lords as an unelected body could only delay not veto legislation that the House of Commons had passed. In 1949 the lords delaying power was reduced to 1 year
5 House of Lords Act 1999 - all but 92 hereditary peers were removed form the lords as a result most members are life peers which has made the lords more assertive in dealing with the commons
Describe Parliament
1 uk parliament comprises of houses of commons and House of Lords and
2 possesses the supreme legislative authority.
3 It scrutinizes the work of government and represents the diverse interests of the UK.
4 Parliament provides membership of the government
Why is there no authority greater than British Parliament
because British. democracy has evolved over many centuries without a codification
What does parliamentary sovereignty mean
Parliamentary sovereignty is a principle of the UK constitution.
It makes Parliament the supreme legal authority in the UK which can create or end any law.
Generally, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change. Parliamentary sovereignty is the most important part of the UK constitution.
What is the difference between US and UK forms of government
Uk has a parliamentary form US has a presidential form of government
Parliamentary means voters elect the House of Commons and the executive is selected from its membership and appointed me enters of the LOrds
What is the composition of the House of Commons
is democratically elected chamber of parliament
Each member of parliament represents the interests of their constituency
Constituencies are allocated to ensure all parts of the uk are equally represented in the commons
What are front bench MPs
MPs can be divided into front and back bench
Front bench - MPs invited by PM to join government as senior ministers, junior ministers or private secretaries are bound by collective ministerial responsibility . This means they must present and support public ally government policy from the front benches
Main opposition party has its own shadow front bench whose members scrutinize their government counterparts , they too must support the party’s leadership
What are party whips
1 All main parties appoint whips to maintain party discipline
2 They encourage and cajole MPs to support the party line
3 They report back any large scale potential rebellions that may encourage leadership to modify postition to avoid defeat
4 On especially important occasions a 3 lined whip is issued which requires MPs to attend a vote and to vote as demanded by the leadership. If MPS refuse they may have party whip withdrawn which means they lose their membership of the party
When are whips particularly important
when government has a small majority
Who is the speaker of the House of Commons
An MP whose role is impartial and they do not engage in political debate
What is the speakers role
1 to ensure Parliament functions as effectively as possible
2 They arrange parliamentary business with the leaders of the main parties
3 Ensure procedures are followed
4 Preside over debates in the commons
5 They have a disciplinary function and if MPs are deliberately disobedient abusive or accuse another mP of lying they can be suspended
How is the speaker elected
By secret ballot of all MPs
After they are elected they are ceremonially dragged to the speakers chair
At the beginning of each new parliament they must seek re-election but usually just a formality
What is the role of the leader of the opposition
To ensure government is thoroughly scrutinized whilst convincing the public that the official opposition is an alternative government in waiting
What right does the leader of the opposition have
1 to ask 6 questions at PMQT enabling them to put high pressure on the PM by highlighting their failures of policy and offering their own solution
2 To select a shadow cabinet whose job it is to hold government to account and persuade the electorate the could be trusted in government
What are the main functions if the House of Commons
1 legislation
2 providing ministers
3 scrutiny and debate
4 representation
5 legitimation
Describe Hof C role in legislation
HofC must agree to enact a bill before it becomes law
If it decides not to vote for legislation then it fails to pass
What are the stages at which a bill is scrutinized
bill formally presented to Parliament in its first reading-
2 MPs have the opportunity to debate the main principles of the bill at its second reading
3 a bill is then scrutinized by MPs on Public Bill Committee
4 bill further debated at third reading
5 sent to house of the lords where same process takes place
6 bill receives royal assent and becomes law
These stages should ensure a bill is scrutinized before it becomes law and that Hof C legaslitative function worlds well but what do critics say
1 Public Bill committee vote on party line and always have a government majority which impacts on objectivity when offering amendments to the bill
2 on many bills MPS are expected to vote how whips tell them to
3 many changes to law are now made by secondary legislation using statutory instruments rather than enacting primary legislation - so sidestep the commons scrutiny
Describe the role of Hof C in providing ministers
1 major office holders in government are members of HofC because this chamber processes democratic legitimacy
2 but the way in which parliament provides front benches for government and opposition significantly reduces choice. It encourages conformity and reduces debate as backbenchers support the government in the expectation of political advancement
Describe role of HofC in scrutiny and debate
1 major function of MPs is to debate governments legislative programme - this enables MPs to weigh up likely impact of public bills
State other ways MPs can scrutinize and debate issues of public concern
1 parliamentary backbench business committee- established in2010 provides backbench MPs with 3rd ads a year to control parliamentary business. They cab ask to raise any issue tithe the committee which can generate debate on areas that might otherwise be neglected by government
2 petitions committee - created to schedule debates in petitions that had reached 100,000 signatures
3 adjournment debates - take place at the end of each days sitting MPs can apply to the speaker to ask a minister a question to which they must respond. If minister and back bencher agree other MPs can ask questions. These debates are limited to 30 minutes and are rarely attended by many MPs but they can raise issues of significant public interest
4 early day motions - are motions introduced by MPs urging debate on a specific issue
5 emergency debates - 24 MPs may request an emergency debate. If speaker allows an MP has 3 minutes to make the case in the chamber for an emergency debate. If the speaker allows the HofC can decided if the emergency debate can take place
6 urgent questions - if an MP believes an issue needs a minister to address it at once they can apply to the speaker to ask an urgent question. If speaker decides it will serve th public interest the minister is required to explain tho the house what the government is doing on the issue raised
Explain the HofC function in representation
650 MPs represent every part of the UK so interests of all British people are represented in Westminster
Each MP represents a single constituency and should work hard to ensure the interests of his constituents are raised in Hof C
Why has the representative role of MPs been criticized
Hof C does not reflect the social make up of the UK today. It is influenced by privately educated white middle class males
Explain the role of HofC in legitimation
Parliament was established to provide consent that would legitimize the decisions of the monarch
Crown has now been replaced by democratically elected governement legitimations remains parliaments main constitutional function
So parliamentary bills require consent of HofC before they can enact
Convention also developed that HofC should be consulted over committing British troops to military action
How well does H of C fulfil its legitimizing role
This is controversial because uk does not have codified constitution stating exactly what the powers of HofC has in relation to government
What is the House of Lords also known as
the upper chamber
Why does it not have the democratic legitimacy of the commons
its authority is less as it is an appointed chamber and so can not claim democratic legitamacy
What is the history of the composition of the House of Lords
1For the majority of time HofL was composed of peers whose membership was
based on their hereditary title, much smaller number of bishops from the Church of England these 2 groups were call Lords temporal and Lords Spiritual
2 expansion of franchise in 19th Century resulted in the influence of the Hof L declining as authority of HofC increased
Parliament Act 1911 further reduced power of HofL removing its right to veto legislation passed by Commons
31958 Life Peerage act gave PM authority to nominate life peers to the Lords - they don not pass down their titles and their appointment is based on public service - this opened up membership of the Lords to people who had served their country giving the house professional legitamcy
4 1999 Blairs government removed right of 750 hereditary peers to continue sitting in upper chamber allowing 92 hereditary peers to be elected to the lords by hereditary peerage - part allegegiance must remain so there will always be 48 conservative 28 crossbenchers 3 LIb Dems 2 Labour and 17 non affiliated
5 because of the reforms the HofC is now made up of life peers, elected hereditary peers and Bishops of CofE. Life peers are the buffers number and nominated to the crown by the PM
Who appoints the crossbenchers and scrutinizes the appointments
HOLAC House of Lords Appointments Commission
Who presides over the lords
The Lord Speaker - manages and advises procedures
What are the main functions of the House of Lords
1 legislation - when a bill leaves the commons it is sent to the lords to be examined in detail. Any member can propose an amendment.(amendments are usually highly important given the expertise in the lords) commons does not have to accept.
2 Scrutiny - lords scrutinizes the work of government in oral questions to ministers and committees- because of the expertise of its members their work is highly regarded. Instead of monitoring departments and committees concentrate on making recommendations to government on major social and political issues
3 Legitimation, representation and provideing governement and debate - members can serve as ministers in the lords , because they are less politically toxic debates can raise vital issues
What is parliamentary ping pong
How the 2 chambers negotiate over proposed amendments to legislation before it reaches royal asent
Can government still pass legislation over the objections of the House of Lords
Explain your answer and provide an example
Yes because of 1911 and 1949 Parliamentary Acts
2000 sexual offenses bill reduced the legal age for gay sex from 18 to 16 it easily passed the commons but was rejected by the lords. The government quickly evoked the 1949 Parliamentary act to give the bill royal assent and so by passing the lords