Parliament Flashcards
Bicameralism
- A political system where there are 2 chambers.
-Lower chamber usually elected and most dominant.
-Upper house may be elected indirectly or directly.
-The UK has a bicameral legislature (a parliament with 2 houses).
-Benefits: Upper house provides checks and balances (allows each branch of government to amend or veto acts to balance power). Greater scrutiny and revision of law. Represents different interests.
-Cons: Conflict between the two causes legislative gridlock. Indirectly elected upper house may frustrate the will of the democratically elected lower house.
How parliament makes a law
Financial privilege
House of Commons is dominant; they have the right to resist legislation, lords cannot delay or amend money bills, the power to dismiss executive.
How parliament makes a law
-House of Commons is underpinned in Parliament Acts 1911/1949; Salisbury convention, reasonable time limit, secondary legislation (lords do not object).
-Parliament Act 1911 = 2-year veto/delay.
-Parliament Act 1949 = 1-year veto/delay.
-House of Lords becomes a revisionist chamber – recommend amendments the House of Commons can vote on changes.
-War Crimes Act 1991, European Parliamentary Elections Act 1999, Sexual Offences Act (amend) 2000, Hunting Act 2004.
How parliament makes a law
Confidence and supply
-Requirement that the government must be able to command a majority n the House of Commons on votes / vote of no confidence.
-Government requires confidence and supply of House of Commons to remain in office.
-Supply: authorisation of government spending by commons.
-Fixed terms parliament act 2011 – is passed and no government chosen withing 14 days, parliament is dissolved, and a general election is called.
Sailsbury convention
-Stated the House of Lords should not vote against a bill that enacts a manifesto commitment of the government on 2nd/3rd.
-Developed in 1940s as an acceptance that unelected Lords should not frustrate the will of the commons.
-NOT LAW = relied on prevailing public understanding.
-Reasonable time convention: get legislative proposals through parliament in reasonable time. Government has control of timetable in House of Commons, not House of Lords.
-A more assertive House of Lords: more involved since removing hereditary Lords. Government defeats become more common.
-Reform of the House of Lords: House of Lords Act 1999 focused on the composition of the Lords than relationship with the Commons.
-House of Lords increased effectiveness:
-Party balance – no overall majority.
-Enhanced legitimacy – willing to move on legal issues.
-Government mandate – should apply in periods of coalition.
-Support from MPs – lords force government to amend proposals.
Should the House of Lords be wholly elected?
Yes
-Fully elected House of Lords would have the legitimacy that can only be derived from democratic elections.
-Would be more confident in its work of scrutinising and amending government bills.
-If no party has a majority, as would be likely under proportional representation, would challenge the dominance of the executive.
-Elected by proportional representation, would be more representative of the electorate.
Should the House of Lords be wholly elected?
No
-Would come into conflict with House of Commons, both would claim democratic legitimacy.
-Institutional conflict between two elected chambers with similar powers would produce legislative gridlock.
-Appointed house would retain the expertise and independence of crossbench peers.
-Problems associated with party control in the House of Commons would be duplicated in an elected upper house.
How a bill becomes an act
-1 First reading. The title of the bill is read, there is no debate or vote.
-2 Second reading. Minister explains the objectives of the bill, if contested a vote is taken.
-3 Committee stage. Detailed scrutiny of each clause takes place, government seeks clarity to amend bill.
-4 Report stage. Amendments considered by House of Commons; MPs now have opportunity to table amendments.
-5 Third reading. Debate on the amend bill on the floor of the House, no further amendments.
-6 House of Lords stage. Bill is sent to House of Lords, commons may agree, reject or amend.
Private members bills
-Legislative proposal is initiated by backbench MPs.
-Ballot = 20 MPs introduce a bill at random.
-10-minute rule bill = MPs draw attention to issues.
-Presentation = resent the name/ no debate.
-Time constraints and difficulty persuading MPs mean most fail at an early stage.
-E.G Murder Act 1965, Abortion Act 1967.
Secondary legislation
-Acts of parliament are primary.
-Delegated by parliament to government ministers.
-Statutory instruments, automatically came into effect, cannot be amended.
-Brexit and Covid-19 brought an increased volume of secondary legislation, Some came in without scrutiny and at a short notice.
Effectiveness of legislation
-Philip Norton developed a threefold classification of legislatures: policy making, policy influencing, legislatures with little or no policy influence.
-UK is a policy influencing legislature, laws pass through parliament not by it.
-Parliament can vote on amendments and bills, but effectiveness is limited.
Delegate model
-Someone acts on behalf of another but by clear instruction.
-MPs do not act as delegates.
-MPs are representatives who are free to exercise their own judgement.
-Zac Goldsmith 2015 – third runway at Heathrow.
Trustee model
-Edmund Burke.
-Once elected, MPs are free to decide how to vote based on their own judgement.
-Elitist = based on assumption MPs know best as they have greater understanding on affairs.
Relationship between parliament and executive
-Parliament and government are unequal.
-Executive is the dominant actor.
-Government has control over legislative process, can fill its mandate and govern effectively.
-Legislative – executive relations are shaped by institutional resources/political context.
-Government majority
-Extent of parliamentary majority
Government majority
-FPTP often delivers a working majority for the party that wins most votes in a General Election.
-Government with a large majority is in a commanding position able to push legislation through parliament by utilising the whip system.
-Large majority government can defeat or amend bills.
-Blair government of 167 in 2001 survived rebellion from Labour backbenchers on Iraq, tuition fees and foundation hospitals.
