Parliament and Parliamentary Sovereignty Flashcards
The Legislative Function of Parliament - Why does parliament need to make or change laws?
- Situational and societal changes ( The Divorce, Dissolution and Separation Act 2020)
- Demographic Change in the UK: prior to 1965, there was unchallenged discrimination in public places prior to legislation e.g., advertising for tenants may have “no blacks” written on it.
- Laws keep pace with modern life; internet etc (e.g. data protection)
- Changes in medicine (e.g. illegalization of certain drugs)
- Changes in global relationships (e.g., Brexit/European Communities Act 1972 repealed; Human Rights Act 1998 to give effect to the ECHR)
How are laws made and changed ?
Preliminary Stages:
- Bill is first stage of making/changing the law: drafted by lawyers to ensure terms are precise consistent and fit with current law.
Bills- Key Features:
- A draft law going through parliament
- If a bill is approved, it becomes an AoP
- Most are public bills (as opposed to private/hybrid, which are rare).
- Laws relating to the general population (as opposed to specific person or organisation);
- Government will propose a public bill
- Format is always the same (and is the same as legislation itself):
1. Short title (inclusive of where it was introduced): The Childcare Bill HL
2. The Long title: Descriptive title including the place and scope of the bill
3. The Childcare Bill: A bill to make provision for free childcare for young children of working parents and about the publication of information about childcare and related matters by Local Authorities in England.
Process through the Houses of Parliament:
- Parliament is usually sub-divided into several year-long ‘sessions’, beginning and ending in the spring;
- The session begins where the Monarch makes a speech for the legislative programme ahead;
- Timetables allocate bills to either the HoC or HoL;
- Start in either HoC or HoL, but either way, need to go through each house and its respective stages;
- “Tabling and amendments” - where member of HOC/HOL suggest what should be removed/added/ replaced
- Changes agreed in one House must be agreed by the other house until final text is agreed (fine tuning – see next side);
- Note the “ping pong” effect sometimes takes place.
- Finally Royal Assent is given by the Monarch (very unlikely – has not happened in 300 years since 1708) – then finally, the bill becomes legislation
Examples of bills passing between chambers:
Children and Families Bill sought to reform law in:
- Adoption
- Care System
- Special Educational Needs
- Family justice system
- Workplace arrangements for those with parental responsibilities.
1. Started in HoC; when got to HoL, report stage, big change was suggested – smoking in vehicles was harmful to children – an area that had been campaigned on by British Heart Foundation. HOL wanted new amendment – voted in favour; HoC accepting these.
2. Became illegal to smoke in vehicles carrying children in Children and Families Act 2014
Some problems with bill passing from a democratic perspective:
- Party whips (similar to team managers):
Examples: black book; PartyGate scandal (Jan 2022) William Wragg (head of Constitutional Affairs Select Committee accused whips of outright blackmail – loss of money for constituency); or more positive means. - Elective dictatorship
- Delegated or secondary legislation: Henry VIII clauses
How parliament scrutinises the government- Four main mechanisms
- Prime Minister questions
- Written Ministerial Qs
- Select Committees (HOC +HOL)
- Parliamentary Debates
Prime Minister questions
- Qs directed to PM by the leader of the opposition. Every Wednesday at noon
- Justify actions/agendas; explain the future effect of these and; how they will benefit the public as a whole;
- Public discussion allowing visibility whilst pressing and specific questions can be asked
Advantages:
- Raises morale of main two parties and awareness of the core divisions/ positions
- Increases public awareness of the ideologies/perspectives underpinning key parties
- Good way of making PM justify self- in the spotlight
Disadvantages:
- Often overlooks the mains points – dodging
- Theatrical
- Personal e.g., For instance, when Kier Starmer was leader of opposition during the Boris Johnson administration
Written Ministerial Qs
- Parliamentary questions that are put to govt ministers in writing by MPs or Members of the Lords re: the workings of their departments
- They receive a written answer
- Q&As are published online in the written questions and answers database
Advantages:
- Holds individuals ministers to account
- Focused, detailed and targeted at particular areas of practice or specific departmental workings
Disadvantages:
- Low profile and lacking visibility
- Impactful
Select Comittees (HOC +HOL)
HOC:
- Working group of MPs from diff parties
- One for every department e.g., justice committee (in 2021 looking at how Covid-19 effected justice), etc (some cross-departmental
- Look at specific key areas such as: spending/policy/administration (or allegations against individual MP)
Examples: international trade; prison probation safety; environmental issues/ clean energy; transport
HOLs:
- Working group of Lords
Two types:
- Permanent- yearly: general ares e.g, the constitution; communication; science and technology
- Special committee (specific current issue
HOC + HOLs:
- Either may bring knowledge and expertise of public specific people
- Produce a well-researched report with recommendations/conclusions that the government is accountable to. Findings are reported to the commons. The govt will normally make a response to the select committee report, either publishing it itself (as a command paper) or sending a memorandum to the committee, which can be published as a special report
Adv + Disadv of Select Committees
Advantages:
- Stimulates debate in parliament or serves as evidence during PMQs.
- Real change can be made based on very well-researched, high-quality evidence
- Comprises of an eclectic set of viewpoints from different parties without being biased.
- Can be visible and make the news.
Disadvantages:
- Advisory Recommendations
- Can be ignored without this coming into direct public spotlight
Parliamentary Debates
- Open floor for MPs across benches to discuss core and current issues
- In the House of Commons, the Speaker is responsible for ensuring that the rules of the House on the way business is carried out are adhered to as per Rules of behaviour and courtesies in the House of Commons.
- MPs apply for a debate which are then allocated by a ballot arranged by the Speaker’s Office – these take place on Tuesdays or Wednesdays.
Advantages:
- Visible and make the media
- Cross-party approach means that they hear a wide range of viewpoints – allowing all parties to contribute + Lords.
- Raises morale of all parties represented in Parliament
Disadvantages:
- Theatrical + can avoid the point.
What is parliamentary sovereignty ?
- Glimmers in Magna Carta – limits placed on those in power;
- Bill of Rights 1689 (following the Glorious Revolution) – Parliament has power over the Monarchy to make law:
1. Firmly established the principles of frequent parliaments
2. Free elections
3. freedom of speech within Parliament – known today as Parliamentary Privilege.
Dicey’s Orthodox view on Parliamentary Supremacy
- Parliament is the keystone of our constitution
- These produced three rules for parliament supremacy
Three rules for Parliamentary Supremacy
- Parliament has legislative freedom
- Parliament cannot be bound by predecessor or bind a successor
- Validity of an Act of Parliament cannot be questioned
Rule 1
- Parliament Acts 1911 & 1949 (also see Jackson) – bolsters the supremacy of the democratically elected house (also Salisbury convention)
- Devolution (Scotland: Holyrood – Edinburgh), Wales (Senedd Cymru: Cardiff) and Northern Ireland (Stormont: Belfast Parliament) (Sewel convention) (though there are limits on this and powers were given away by Westminster).
1. Brexit – how would European Laws be handled? Still an important part of UK constitution, need to be reviewed. Should they flow back to Westminster or devolved Parliaments.
2. Power grab?
3. European Withdrawal Act (2018, 2020) – compromise - European Communities Act, 1972 (Section 2) “make Britain great again”
1. Factortame (number 2) 1991
2. Lord Bridge: ‘any limitations upon its sovereignty implied by EU membership had been accepted ‘voluntarily’ by Parliament’ - European Withdrawal Act (2018, 2020).
1. Withdrawal acts replete with Henry VIII clauses – who has regained power Parliament or the executive? - Human Rights Act (1998): Section 19.
- Elective dictatorship: huge sway/pressures over Parliament by government majorities
