parliament Flashcards
what is parliament
the British legislature (law-
making body), made up of
the House of Commons,
House of Lords and
monarch.
house of commons
the primary chamber of
the UK legislature, directly
elected by voters.using the first-past-the-post electoral system. there are around 650 constituencies(average of 6 candidayes per constituency seeking election)
house of lords
the second chamber of the
UK legislature, not directly
elected by voters.
backbenchers
MPs who do not have a ministerial or shadow- ministerial position. They
occupy the benches in the
debating chamber behind
their leaders. Their main
role is to represent their
constituencies. They are
also expected to support
the leaders of their
respective parties.
opposition
the official opposition is
usually the party with the
second-largest number
of seats in the Commons.
Its role is to criticise the
government and to oppose
many of its legislative
proposals. It also seeks
to present itself as an
alternative government.
what is the fixed terms parliament act of 2011
general elections are supposed to be held at regular intervals, at the end of a fi xed fi ve-year parliamentary term.
when can an early general election be held
if a government loses a vote of no confi dence and the prime minister cannot form another administration within 14 days;
example: vote of no confidence in the British Labour government, 1974–1979, of James Callaghan occurred on 28 March 1979. The vote was brought by the Official Opposition leader Margaret Thatcher
if two-thirds of MPs support a
motion calling for an early election. Theresa May called an early election for June 2017 with the
support of the necessary proportion of MPs.
explain front benchers
sub-divided into members of
the government, and ‘shadow’ ministers, who are members of the opposition, occupying the front bench that faces the government.The Shadow Cabinet is headed by the leader of the opposition.
Since September 2015 this has been Jeremy Corbyn, the leader of the Labour Party.
house of lords
The House of Lords does not have an upper limit on the size of its membership.
three main categories of peer: hereditary peers, life peers and 26 ‘Lords Spiritual’ (Anglican
archbishops and bishops) who sit in the Lords for historic reasons, as the Church of England is the
official church of the British state.
it is seen as undemocratic because members have not been elected
what are functions of the commons and the lords
- passing legislation
- scrutiny of the executive (including debating)
- providing ministers.
Commons has the function of representing the electorate.
how does parliament pass legislations
parliament has the authority to pass or amend laws on any subject.
- House of Commons (as elected chamber representing the public) has exclusive
power to give consent to taxation
-house of lords cannot interfere with money bills, house of lords can amend non financial legislation (Most legislation is initiated by the government and there is limited opportunity for backbench
and opposition MPs to propose measures of their own. )
-Parliament mostly reacts to measures put before it by the executive, rather than developing its own legislative proposals, and it is rarely able to defeat or significantly amend legislation. however there has been evidence of success in this, To succeed, this requires solid opposition from the opposition parties combined with rebels on the government side e.g :David Cameron’s defeat in March 2016 on plans to extend Sunday trading, when Labour and the SNP joined with Conservative dissidents.
- partywhips: responsible for ensuring that MPs attend parliamentary votes (known as ‘divisions’) and for granting leave of absence if their vote is not essential. They issue MPs with a written instruction to attend –
also known as a ‘whip’ – which indicates how important it is for an MP to be present. they impose sanctions on those who do not accept the party line.
Persistent rebels may have the whip withdrawn, meaning that they are effectively suspended from the party
and have to sit as an independent. This can also happen in cases of misconduct where it is felt that an MP has damaged the party’s reputation. Smaller teams of whips operate in the Lords.
they use the argument of necessity to pass through laws as well e.g.2005 Prevention of Terrorism Act, which introduced control orders for individuals suspected of
terrorist offences, completed all its stages in just 18 days.
examples of bills thatg had been unworkable:1991 Dangerous Dogs Act, passed in response to a series of stories about dog attacks. Critics argued that, instead of prohibiting certain breeds of dog, it should have targeted irresponsible owners. A review by the RSPCA, 25 years later, showed that of 30 deaths caused in
that period by dogs, 21 involved breeds that were not specified in the act.
how can parliament exercise scrutiny
Parliament has a responsibility to exercise oversight of the executive’s actions. The opposition seeks to hold the government to account and to expose its errors. Ministers have a duty to explain and defend their policies in parliament.
it is exercised through
questions to ministers, may call for oral or written answers.
Prime Minister’s Questions, a weekly question-and-answer session in the chamber of the Commons, has been criticised for being unduly theatrical and largely a point-scoring exercise dominated by the prime minister and the leader of the opposition.
- select committees, which shadow individual government departments in the Commons.
- debates, which can be set-piece events, such as the August 2013 House of Commons debate: the Cameron government was defeated on its proposal to undertake military action in Syria. Since 2010 the creation of the Backbench Business Committee has given MPs
more power to shape the agenda by allowing them to choose the topic for debate on one day per week. Debates in the Lords are often given credit for their high quality, with participants commonly including recently retired individuals with expertise in a particular field, but they
rarely influence the course of events.
what is a select committee
consisting of backbench MPs, the composition of Commons select
committees reflects the
make-up of the Commons.
Select committees in the
Commons investigate and
report on the activities of
government departments.
Their counterparts in
the Lords (such as the
Constitution Committee
and the Science and
Technology Committee)
carry out topic-based
inquiries.
how can parliament provide ministers
Parliament acts as a recruiting ground for future ministers, with the whips making
recommendations to the prime minister on suitable candidates for promotion. The prime minister possesses wide powers of patronage. (at any time, they may obtain the appointment, dismissal or nominal resignation of any other minister.)
e.g.following the 2008 financial crisis, Gordon Brown recalled Peter Mandelson from the European Commission, appointing him to the Lords so
that he could serve as business secretary.
how does parliament represent the electorate
Commons has a representative function as the elected house.they use their judgement on how to vote, rather than
taking instructions from those who elect them. The first-past-the-post system means that there is a strong link between an MP and their constituency. MPs are expected to respond to issues raised by individual constituents and to stand up for local interests at Westminster.
for example, 44 MPs who voted against plans for the London to Birmingham High Speed Rail link (HS2) in March 2016 represented constituencies that would be aff ected by the planned route.
If an MP does not fulfi l the expectations of the local electorate, the voters have a right to choose a different representative at the next general election.
(The Lords is representative only in the sense that it contains people with a wide range of professional backgrounds, although this aspect is not organised systematically.does not reflect the composition of wider UK society. More than half of its members are over the age of 70, three quarters are male and only
around five per cent come from ethnic minorities.)
how effectively does parliament perform its representative function
an MP’s loyalty to their party, may come into conflict with the need to represent a constituency.
skilful MPs are good at reconciling the two roles.
The ministerial code, which regulates the
conduct of ministers, advises them to take care to avoid conflicts of interest. But they are allowed to make representations to colleagues in government, as long as they make it clear that they are acting as their constituents’ representative and not as a minister. e.g in 2006 Hazel Blears, a member of Tony Blair’s Cabinet, supported protests against a planned closure of
part of a hospital in her Salford constituency.
arguments against parliament effectively being a representative function
29 per cent of MPs elected in May
2015 were female
ethnic minority MPs make up 6 per cent of the Commons, compared to 13 per cent of the population.
explain exclusive powers of the house of commons
to give consent to
taxation and public expenditure. Since the Commons represents the taxpayer, there is a tradition that although the Lords debates money bills, it cannot interfere with them. For this reason the chancellor of the exchequer is obliged to sit in the Commons, where the annual budget is always
presented.
can exercise power is the situation known as confidence and supply. This can occur in the event of a minority government, where the governing party does not join a formal coalition, but relies on a limited agreement with another party (or parties) to keep
itself in office. example- Conservative Party’s arrangement with the Democratic Unionist Party following general election in June 2017, Conservatives were eight seats short of a majority, was
a confidence and supply agreement. This means that the supporting party will provide backing on a vote of no confidence, and will vote through the government’s budget (the ‘supply’ part of the
arrangement). In return the smaller party will receive certain concessions. It is an agreement that is more flexible (and thus less stable) than a full coalition.
example- James Callaghan’s minority
Labour government concluded the ‘Lib–Lab Pact’ with the smaller Liberal Party. There was talk of the SNP supporting a minority Labour government on these terms, had the 2015 election resulted
in a hung parliament.
how does the house of lords lack power
definitely less powerful than the Commons, as suggested by one of its informal
alternative names, the ‘second chamber’.
its powers have been limited by both law and convention.
it lacks the democratic legitimacy of an elected chamber.
the Lords had no right to delay money bills
* its power to veto non-financial bills was to be replaced by a power of delay lasting two
parliamentary sessions (equivalent to two years).
power of the Lords is also constrained by the 1945 Salisbury convention: stated that the Lords would not oppose a bill that gave effect to a commitment contained in the manifesto of the winning party at a
general election. (house of lords cannot oppose any second or third readings)