Parliament Flashcards

1
Q

Outline the origins if the British Parliament

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Outline the key events in the development of the Uk parliament

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Describe Parliament

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Why is there no authority greater than British Parliament

A

because British. democracy has evolved over many centuries without a codification

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

What does parliamentary sovereignty mean

A

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.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What is the difference between US and UK forms of government

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is the composition of the House of Commons

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are front bench MPs

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are party whips

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

When are whips particularly important

A

when government has a small majority

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Who is the speaker of the House of Commons

A

An MP whose role is impartial and they do not engage in political debate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is the speakers role

A

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 well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How is the speaker elected

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the role of the leader of the opposition

A

To ensure government is thoroughly scrutinized whilst convincing the public that the official opposition is an alternative government in waiting

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What right does the leader of the opposition have

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the main functions if the House of Commons

A

1 legislation
2 providing ministers
3 scrutiny and debate
4 representation
5 legitimation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Describe Hof C role in legislation

A

HofC must agree to enact a bill before it becomes law
If it decides not to vote for legislation then it fails to pass

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What are the stages at which a bill is scrutinized

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

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

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Describe the role of Hof C in providing ministers

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Describe role of HofC in scrutiny and debate

A

1 major function of MPs is to debate governments legislative programme - this enables MPs to weigh up likely impact of public bills

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

State other ways MPs can scrutinize and debate issues of public concern

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Explain the HofC function in representation

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Why has the representative role of MPs been criticized

A

Hof C does not reflect the social make up of the UK today. It is influenced by privately educated white middle class males

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
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
26
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
27
What is the House of Lords also known as
the upper chamber
28
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
29
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
30
Who appoints the crossbenchers and scrutinizes the appointments
HOLAC House of Lords Appointments Commission
31
Who presides over the lords
The Lord Speaker - manages and advises procedures
32
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
33
What is parliamentary ping pong
How the 2 chambers negotiate over proposed amendments to legislation before it reaches royal asent
34
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
35
What is a seasonal committee
Deals with a particular issue and last from one parliamentary session to the next
36
What is a special enquiry
Ad HofC committees investigate a specific issue and are set up for a specific time period
37
Identify a particularly significant House of Lords seasonal committee
1 Secondary legislation scrutiny committee they highlight in statutory instruments have been badly worded and may not achieve their purpose 2 seasonal House of Lords committee on environment and climate change has held government accountable for not achieving its carbon reduction targets
38
Identify permanent committees that meet regularly that are made up of members of both lords and commons - joint committees What advantages do these committees have
human rights National security strategy Statutory instruments Their members draw experience from both houses
39
Identify a joint committee which is not permanent
joint committee on the draft online safety bill
40
Why can the House of Lords not claim a legitimizing role
legislation can be enacted without its consent
41
How do the powers of the lords compare to the power of the commons
commons has the sole right to defeat a bill and has the right to dismiss a government if it loses a vote of no confidence Members of the lords do not have constituency duties so can devote more time to scrutiny. They are not elected or bound by party manifesto so can act more independently.
42
What is a statutory instrument
A form of legislation which allows the provisions of an act of parliament to be brought into force or altered with =out parliament having to pass a new act
43
What is political cronyism
favoritism awarding a job or advantages to friends or trusted collegues
44
What opportunity does the House of Lords offer members of the commons
for former members of the commons to continue in public service and use their political experience to inform debate and advise government
45
Sumerise the function of the House of Commons
1 represent the nation and be accountable to it in a general election 2 dismiss a government in a vote of no confidence 3 legitimize important decisions such as committing Uk to major military operations 4 the executive needs consent from commons for legislation to be enacted 5 scrutinize legislation in parliamentary debate and public bill committees 6 House of Commons select committees monitor the work of government departments
46
Sumerise the function of the House of Lords
1 can delay legislation for 1 parliamentary session but can not veto 2 since parliament act 1911 and 1949 do not extend to statutory instruments the lords can veto them 3 lords main work is as a revising chamber offering amendments to legislation and scrutininsing the work of government through committees , questions and debate 4 if the House of Commons vote to extend the life of a parliament over 5 years the lords could reject the proposal so they protect civil liberties
47
The House of Lords fulfills an important parliamentary role
yes 1 the expertise on peers means amendments they make to legislation significantly improves it 2 reports of the House of Lords committees are held in high regard because of the expertise of its members 3 House of Lords committee on secondary legislation fulfills an important function scrutinizing statutory instruments 4house of lords debates often raises important issues for public debate 5 House of Lords scrutinizes ministers further to ensure government is made accountable to parliament 6 if the government dominates the commons with a large parliamentary majority then the lords provides an important source of independent opposition No 1 since the lords can not claim democratic legitimacy the government can ignore its amendments to legislation 2 although the lords can delay legislation for a year it has no veto power 3 lords have no influence over financial bills including budget 4 Salisbury convention means lords will not vote against legislation that has been in a governments party election manifesto 5 lords debate is highly regarded but no evidence it influences government s decision making 6 since the lords is unelected it lacks a representative function which undermines its parliamentary usefulness 7 commons has strong committee systems so lords committees are not essential
48
Explain the Salisbury convention
1Lords can not claim democratic legitimacy 2Salisbury convention established the principle in 1945 that lords will not seek to stop legislation that was contained in a governing party’s manifesto as it would oppose the democratically expressed will of the public in a general election 3Lords can still propose amendments but they would not be designed to wreck the bill
49
What is the role and significance of the backbenchers in each house
back benchers are protected by parliamentary privilege - they are free to raise any issue they wish in Westminster without fear of being persecuted in courts Main role of back bencher it to represent the interests of their constituents, scrutinize work of governement, consider legislation, legitamise certain government decisions and raise issues they feel are significant
50
How much influence do back benchers have
Depends on the size of the governments parliamentary majority. If it has a small majority backbenchers with be at their most influential as whips on both sides will have to make concessions to secure their support
51
What is the legislative function of Westminster
the process through which parliamentary bill become law
52
Describe the legislative process
1 at its first reading the bills title is introduced and a date given for its second reading - no debate, no vote at this stage. Bill could be defeated at this stage 2 Bill goes to public bill committee to be examined in detail and amendments added 3 bill reaches report stage where the changes made by public bill committee are accepted or rejected further amendments maybe added by MPs not members of the committee 4 bill then reaches 3rd reading when it is further debated and a vote is taken - unlikely to be defeated at this stage 5 bill is sent to House of Lords where it goes through similar process- and significant amendments to the bull may be made - parlimentary ping pong occurs as commons decides to accept and reject lords amendments 6 once both houses agree the bill receives royal assent and becomes a parliamentary statute
53
Why do most bills debated by parliament have a strong chance of being enacted
1as they will have been introduced by government who will be able to give the bill sufficient time to be debated 2 government can rely on whips to encourage support for the bill in the commons 3 if it was part of the governments election manifesto lords will not set to obstruct it with wrecking amendements
54
Why do critics claim the commons have to much power over the process
1 if government has large parliamentary majority it can usually rely on loyalty of MPs to vote for the bill 2membership of public bills committe is proportional to party strength in the commons so always gives government a majority 3whips also influence members of public bills committee who are instructed to vote according to the whip 4 MPs who are to critical of their governments bills are unlikely to advance their careers
55
What can be the result of MPs expected to follow what the party whip in parliamentary vote
lack of scrutiny and badly thought out legislation
56
Some MPs can show independence and prove unruly to whips. Identify notable government defeats in the commons
1 shops bill 1986 - defeated in second reading 72 conservative MPs keen to keep tradition voted against plans to deregulate Sunday trading 2 terrorism act 2006 - 49 labour MPs were unconvinced by Blair government proposals that terrorist suspects should be held in custody for 90 days without charge - government enacted without this provision 3 reform of Sunday trading laws 2016- plans by Cameron government to allow large shops to extend their opening hours in England and Wales 4 EU withdrawal agreement 2018 May government defeated on Brexit deal it was offering Parliament 5 The Letwin amendment 2019 - in an emergency debate 21 pro ~EU conservative MPs voted for Oliver Letwin’s amendment for House of Commons to take control of parliamentary business to stop the possibility of the Johnson government leaving the EU with a no deal Brexit 6 the fixed term parliament act 2019 - on 3 separate occasions the Johnson government filed to secure a 2/3 majority necessary under the fixed term parliament act 2019 to trigger a snap general election 7 EU withdrawal agreement bill 2019 - An attempt by Johnson governement to limit discussion of the EU withdrawal bill to 3 days
57
What is a legislative bill
a bill is a proposed piece of legislation that can be intoduced in the commons or the lords
58
What is a private members bill
Can be introduced in either house under the ballot, the ten minute rule and presentation Most originate in the commons Limited time on a Friday is given to debate them -may not even be enough there to vote to processed
59
What is a ballot
Held at start of each Parliament. MPs can put forward proposals for a private members bill 20 bills enter the ballot the top 7 are debated - most common method to introduce a private members bill
60
What is the 10 minute rule
MPs can put forward their proposal for a bill in a 10 minute speech - more likely to be unsuccessful
61
What is a presentation
MP formally presents a private members bill to the HofC
62
What does the fact that so few private members bill become law demonstrate
lack of influence of backbenchers
63
Define filibuster
hostile MPs talk out a bill
64
What is a select committee Name them
Introduced in 1979 to monitor performance of the major departments of state Made up of a small number of MPs from both parties expected to work together -members are chosen by whips as highly regarded backbencher 1 business, energy and industrial strategy 2digital, culture, media and sport 3 defence 4 education 5 environment, food and rural affairs 6 foreign affairs 7 health and social care 8 home affairs 9 international development 10 international trade 11 justice 12levelling up, housing and communities 13 NI affairs 14 Science and technology 15 Scottish affairs 16 transport 17 treasury 18 welsh affairs 19 work and pensions
65
Why do select committe reports carry great political weight
because impartiality in the commons is so rare Their critisms are designed to improve performance and not win political advantage
66
Which select committee is regarded as the most important What does it do
public accounts committee It investigates the expenditure of all government departments enduring public money is not wasted
67
What is a strength of a select committee
it can consult widely with ministers, civil servants and experts and can send for persons papers and records to help them with investigations and can compel attendance of members of the public
68
What makes chairing a select committee an attractive prospect
They are elected by MPS to ensure cross party support They are highly regarded backbenchers Receive a significant financial bonus They have authority to confront powersful departments of state
69
Identify 3 current chairs of House of Commons select committees
1 Jeremy Hunt chair of Health select committee - former health secretary 2 Tobias Elwood chair of defence select committee former soldier and defence secretary 3 Tony Tugendhat chair of foreign affairs select committee
70
When are questions posed in both chamber s
1 Monday - Thursday and hour of parliamentary business is set aside for oral questions to ministers 2 In the lords half an hour is devoted to oral ministerial questions on the same days - questions are directed to government not ministers 3 Ministers must respond to written questions within a week if asked in the commons and 2 weeks if asked in the lords
71
Why does the PM have to attend Parliament each Wednesday between 12-12.30
To respond to questions form the chamber An important opportunity for him to be help to account for government policy
72
What happens during PM QT
Leader of opposition can ask 6 questions Leader of next biggest party asks 2 questions MPs have opportunity to ask questions
73
What opportunity do governing party MPs have during PM QT
Ask questions which allow PM to take credit for government success and expose inadequacies of opposition
74
What would supporters of PMQT argue
it is an opportunity for parliament to enter or gate PM weekly and is a spotlight on the PMs record
75
What would critics of PM QT say
1 It’s raucous nature discourages genuine debate 2 PMs are good at avoiding answering questions. 3 PMs use the theatrical nature to make make popular counter claims 4 make it it more about electioneering than scrutinizing government policy
76
What is the role of the liaison committee
represents the chairs of all select committees and questions PM 2x each year Less confrontational than PM QT its steady examination allows better opportunity for discussion PM is less able to divert questions
77
How is the chair of the liaison committe selected
usually heads of select committees chose their chair but in 2020 government made the appointment of Sir Bernard Jenkins
78
What are opposition days
during each parliamentary session 20 days are set aside to debate subjects chosen by the opposition - issues they believe government needs to justify itself on
79
What must MPs balance and why
they are accountable to their constituents in general elections - doesn’t mean they do what their constituents want They must balance demands of constituents with demands of party whip and their own conscience
80
The influence of backbench MPs at Westminster has increased in recent years
Yes 1the independence of the select committee has made them effective in scrutinizing government departments 2 backbench business committee has provided MPs with more control over parliamentary agenda enabling them to choose more topics to debate 3 the petitions committee also provides more opportunities to determine what is debated in parliament 4 the liaison committee regularly holds the PM to account for policy development and implementation 5 MPs have an increasingly important legitimizing role 6 as a result of the fixed term parliament acts 2011 HofC had to approve early 2011 and 2017 and 2019 general elections ] 7 recent speakers have allowed MP more opportunities to ask urgent questions 8 from 2017 to 2019 backbenchers were influential in delaying May Johnson governmets EU withdrawal legislation 9 The erosion of their backbench parliamentary support led to resignation of Thatcher May Johnson and Truss No 1 despite recent reforms select committee reports and scrutiny of liaison committee have no binding power over government 2 the governments increase inn use of secondary legislation to change laws has negatively impacted MPs legislative function 3 it is only a convention that HofC should be consulted on deployment of British troops 4 Johnson parliament repealed the fixed term parliament act 2011 restoring th PMs right to determine date of general election 5 recent speakers have allowed more urgent questions but this in sot a new backbench power 6 Although MPs had influence during Brexit negotians this was only because the administrations lacked parliamentary majority once a majority seat was achieved back bench influenced decreased 7 this suggests influence of backbenchers depends on parliamentary majority
81
Define term opposition
the second largest party in the HofC is his Misty’s most loyal opposition . The opposition front bench shadows the government front bench and scrutinizes its decisions
82
What does the opposition use its role in parliament to do
Persuade the electorate that it is a potential government in waiting
83
Why is an opposition party required
without it government does not have to justify its policies and this encourages complacency and incompetence
84
What should opposition parties do
1 ensure government justifies it legislative programme and decisions 2 create public debate by providing reasoned arguements why they can not support government decision 3 be prepared to provide an alternative government in waiting in case the PM seeks early dissolution of parliament 4 use front bench spokesmen to focus on government departments they shadow exposing their failure of policy and implementation 5 leader of the opposition use the opportunity of PMQT to present themselves as having political knowledge to be a PM in waiting
85
How can the opposition achieve these objectives
1 carefully choose the subjects for debate in the Hof C during 20 opposition days 2 scrutinize proposed government legislation in public bill committees and offer amendments. However, these require the support of the government to be accepted 3 shadow ministers expose mistakes and failures of their opposite number in government 4 if the government has a small majority opposition can work closely with more independently minded HofL to uncover failures in government policy 5 in parliamentary debate opposition parties play an important role in forcing government to justify its policy