parliament Flashcards
tony benns five questions
what powers have you got
where did you get it from
in whose interrst do you exercise it
to whom are you accountable
how do we get rid of you
what powers do parliament have- Erskine
Erskine May 2019- parliament is comprised of the sovereign, the house of lords and the house of commons
describes the powers as:
to control taxation and to authorise defence services
to legislate
to enfore the authtority of each house (disciplining MPs)
to control their own precints and proceedings
powers of parliament- independence
independence- to discuss freely withour fear of arrest
-to manage own affairs,
- bill of rights 1688- freedom of speech and debates or proceedings in parliaments ought not to be impeached or questioned (proceedings includes acts of parliaments, no defamation, can defeat court injunctions [john hemming 2011 used this parliamentary privilege to name footballer ryan giggs as the subject of a super-injunction
powers of parliament- to scrutinise and recommend Bills to the crown
-the kings speech sets out his governments legislative agenda
-although any MP can propose a bill, it is the ruling party whose leader is selected by the monarch that determines the legislative agenda
-parliament act 1911, HOL kept rejecting HOC money bill, passed this act which removed HOL right to veto bills (can only delay),
-Jackson v AG passed bill banning the hunting of foxes without HOL consent
-when bills enacted they become supreme law over all
powers of parlaiment- to question public officials and scrutinise government expenditure
-by parliament asking questions to ministers
-committes such as public affairs committee (can only scrutinise and shame government for mispending like the highspeed 2)
-the crown is required to answer and can call witnesses for questioning
where did parliaments powers come from?
2 sources
1. the crown- calls parliament to advise the monarch (must take oath to show allegiance)
2. the people- choose and speak through their representatives
in whose interests does parliament exercise its powers?
-legally the crown (the oath) and therefore everyone
-politically MP constituents
-reality, self promotion for careers, party funders
-lobbyists
how do you get rid of parliament?
-MPs can leave but parliament is forever
-to reform system fundamentally would requore the will of a majority of parliament
what is parliament?
the body with the role of law-making, scrutising of bills and holding the executive accountable
analysis of parliament
-current electoral system does not represent all parties equally in parliament
-HOL unelected and unrepresentative
-composition of MPS is biased against women and ethnic minorities
-assumption that free from outside interferences so not biased and subject to undue influence
-freedom of speech allows to perform their functions effectively and to work for the good of their country not their own agendas and “maintenance of its authority” (sir barnett cocks 1966)