Parliament and Parliamentary Sovereignty Flashcards
The composition of Parliament - The House of Commons
Members elected by attaining the most
votes at a general election in their respective constituencies (the ‘first past the post’ system).
The Speaker is the chair of the House of Commons - impartial.
The composition of Parliament - The House of Lords
Not elected.
Most are life peers appointed by the Monarch on the advice of the Prime Minister.
Parliament
- the House of Commons
- the House of Lords
- the Monarch
The meeting and duration of Parliament
- Meeting
Must be summoned every three years.
By convention, meets throughout the year. - Duration
Max term - 5 years
Dissolution of Parliament
is now once again a royal prerogative power. - ‘Sessions’
Each Parliament is divided into ‘sessions’.
Usually start in the
spring of one year and end in the spring of the next. A session ends when Parliament is
‘prorogued’ by Royal Decree. Prorogation terminates all business pending at the end of
a session.
The legislative process - for primary legislation
Bill
- First reading
- Second reading
- Committee stage
- Third reading
- Same procedure in HOLs
- Royal assent
The legislative process - Public bills
Alter the general law (ie the law that concerns the public as a whole).
(a) Government bills:
Part of the Government’s
legislative programme.
(b) Private members’ bills: Introduced by MPs or Lords who are not
government ministers.
Bill can generally be introduced in either house, other than financial must start in commons.
Private bills
Relate to matters of individual, corporate or local interest, and affect particular
persons and/ or a particular locality e.g. new railway line.
The Parliament Acts 1911 and 1949
A money bill (taxation) passed by the Commons can be presented to the Monarch for
assent one month after being sent to the Lords and will become law even though it lacks the consent of the Lords.
Other public bills: If passed by the Commons and rejected by the Lords in each of two
successive sessions, a bill can be sent to the Monarch for assent. One year must
elapse between the second reading in the Commons in the first session, and the third
reading there in the second session.
Bills seeking to extend the maximum duration of
Parliament are excluded.
Delegated legislation
Act of Parliament can confer upon ministers a power to make delegated legislation/statutory instruments.
‘Parent’ or ‘enabling’ Act
will stipulate the procedure. Common ones:
* Affirmative resolution procedure: The instrument either cannot come into effect, or ceases to have effect, unless one or both Houses passes a resolution approving the instrument.
* Negative resolution procedure: The Government is required to ‘annul’ the instrument if
either House passes a resolution rejecting the instrument within a specified period (usually
40 days) after it is ‘laid before Parliament’.
Parliamentary sovereignty
(a) Parliament is the supreme law- making body and may enact or repeal laws on any
subject.
(b) No Parliament may be bound by a predecessor or bind a successor – a particular Act of Parliament cannot be entrenched, or be given a ‘higher’ status than any other Act.
(c) No other person or body (but particularly a court of law) may question the validity of an
Act of Parliament or declare that Act to be unlawful.
The ‘Enrolled Act’ rule
Once an Act of Parliament has been entered onto the Parliamentary roll, the courts will not question the validity of that Act or hold the Act to be void.
The unlimited legislative competence of Parliament
(a) Statute may override international law.
(b) Statute may override constitutional conventions.
(c) Statute may alter the constitution.
(d) Statute may operate retrospectively.
(e) Statute may abolish or curtail aspects of the royal prerogative.
Express and implied repeal of statute
Express - If a later Parliament expressly repeals the contents of an Act made by an earlier Parliament,
that earlier Act will no longer be valid.
Implied - when later Act contradicts an earlier act.
May not apply to constitutional acts.
Limitations on the supremacy of Parliament - domestic
- Cannot override provisions of the acts of union.
- Acts which set up devolution e.g. The Government of Wales Act 1998 and Scotland Act 1998.
- Acts of independence - that granted independence to former colonies.
Limitations on the supremacy of Parliament - European - Types of EU legislation
Primary source:
* EU treaties
Secondary legislation:
* Regulations:
Issued by the EU are directly applicable and automatically
binding in all Member States without the need for any further legislation in the Member States.
* Directives:
Set out objectives to be achieved and oblige Member States to pass
domestic legislation themselves to implement those objectives. Set a date by which Member States must implement them.
* Decisions:
Directly binding in the same way as regulations, but only
on those to whom they are addressed, which may be Member States, companies or individuals.
* Recommendations and opinions:
Not binding.
