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

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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

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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

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4
Q

Why is there no authority greater than British Parliament

A

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

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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.

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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

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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

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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

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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

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10
Q

When are whips particularly important

A

when government has a small majority

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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25
Q

Explain the role of HofC in legitimation

A

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

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26
Q

How well does H of C fulfil its legitimizing role

A

This is controversial because uk does not have codified constitution stating exactly what the powers of HofC has in relation to government

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27
Q

What is the House of Lords also known as

A

the upper chamber

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28
Q

Why does it not have the democratic legitimacy of the commons

A

its authority is less as it is an appointed chamber and so can not claim democratic legitamacy

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29
Q

What is the history of the composition of the House of Lords

A

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

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30
Q

Who appoints the crossbenchers and scrutinizes the appointments

A

HOLAC House of Lords Appointments Commission

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31
Q

Who presides over the lords

A

The Lord Speaker - manages and advises procedures

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32
Q

What are the main functions of the House of Lords

A

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

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33
Q

What is parliamentary ping pong

A

How the 2 chambers negotiate over proposed amendments to legislation before it reaches royal asent

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34
Q

Can government still pass legislation over the objections of the House of Lords
Explain your answer and provide an example

A

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

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35
Q

What is a seasonal committee

A

Deals with a particular issue and last from one parliamentary session to the next

36
Q

What is a special enquiry

A

Ad HofC committees investigate a specific issue and are set up for a specific time period

37
Q

Identify a particularly significant House of Lords seasonal committee

A

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
Q

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

A

human rights
National security strategy
Statutory instruments
Their members draw experience from both houses

39
Q

Identify a joint committee which is not permanent

A

joint committee on the draft online safety bill

40
Q

Why can the House of Lords not claim a legitimizing role

A

legislation can be enacted without its consent

41
Q

How do the powers of the lords compare to the power of the commons

A

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
Q

What is a statutory instrument

A

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
Q

What is political cronyism

A

favoritism awarding a job or advantages to friends or trusted collegues

44
Q

What opportunity does the House of Lords offer members of the commons

A

for former members of the commons to continue in public service and use their political experience to inform debate and advise government

45
Q

Sumerise the function of the House of Commons

A

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
Q

Sumerise the function of the House of Lords

A

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
Q

The House of Lords fulfills an important parliamentary role

A

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
Q

Explain the Salisbury convention

A

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
Q

What is the role and significance of the backbenchers in each house

A

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
Q

How much influence do back benchers have

A

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
Q

What is the legislative function of Westminster

A

the process through which parliamentary bill become law

52
Q

Describe the legislative process

A

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
Q

Why do most bills debated by parliament have a strong chance of being enacted

A

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
Q

Why do critics claim the commons have to much power over the process

A

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
Q

What can be the result of MPs expected to follow what the party whip in parliamentary vote

A

lack of scrutiny and badly thought out legislation

56
Q

Some MPs can show independence and prove unruly to whips. Identify notable government defeats in the commons

A

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
Q

What is a legislative bill

A

a bill is a proposed piece of legislation that can be intoduced in the commons or the lords

58
Q

What is a private members bill

A

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
Q

What is a ballot

A

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
Q

What is the 10 minute rule

A

MPs can put forward their proposal for a bill in a 10 minute speech - more likely to be unsuccessful

61
Q

What is a presentation

A

MP formally presents a private members bill to the HofC

62
Q

What does the fact that so few private members bill become law demonstrate

A

lack of influence of backbenchers

63
Q

Define filibuster

A

hostile MPs talk out a bill

64
Q

What is a select committee
Name them

A

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
Q

Why do select committe reports carry great political weight

A

because impartiality in the commons is so rare
Their critisms are designed to improve performance and not win political advantage

66
Q

Which select committee is regarded as the most important
What does it do

A

public accounts committee
It investigates the expenditure of all government departments enduring public money is not wasted

67
Q

What is a strength of a select committee

A

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
Q

What makes chairing a select committee an attractive prospect

A

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
Q

Identify 3 current chairs of House of Commons select committees

A

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
Q

When are questions posed in both chamber s

A

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
Q

Why does the PM have to attend Parliament each Wednesday between 12-12.30

A

To respond to questions form the chamber
An important opportunity for him to be help to account for government policy

72
Q

What happens during PM QT

A

Leader of opposition can ask 6 questions
Leader of next biggest party asks 2 questions
MPs have opportunity to ask questions

73
Q

What opportunity do governing party MPs have during PM QT

A

Ask questions which allow PM to take credit for government success and expose inadequacies of opposition

74
Q

What would supporters of PMQT argue

A

it is an opportunity for parliament to enter or gate PM weekly and is a spotlight on the PMs record

75
Q

What would critics of PM QT say

A

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
Q

What is the role of the liaison committee

A

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
Q

How is the chair of the liaison committe selected

A

usually heads of select committees chose their chair but in 2020 government made the appointment of Sir Bernard Jenkins

78
Q

What are opposition days

A

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
Q

What must MPs balance and why

A

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
Q

The influence of backbench MPs at Westminster has increased in recent years

A

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
Q

Define term opposition

A

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
Q

What does the opposition use its role in parliament to do

A

Persuade the electorate that it is a potential government in waiting

83
Q

Why is an opposition party required

A

without it government does not have to justify its policies and this encourages complacency and incompetence

84
Q

What should opposition parties do

A

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
Q

How can the opposition achieve these objectives

A

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