Parliament and the Legislative Process Flashcards
What is the structure of the UK Parliament and what does it consist of?
UK Parliament has a bicameral structure consisting of:
- House of Commons (HoC): 650 elected MPs
- House of Lords (HoL): Life peers, hereditary peers, bishops
- Monarch: Ceremonial role, grants Royal Assent
What are the 3 main functions of Parliament?
- Legislation: Passes laws and sets the legislative agenda
- Accountability: Scrutinises and holds the government accountable
- Representation: MPs represent constituencies, and the public will
How often are general elections held in the UK (what are the exceptions)?
General elections are held every five years unless:
- A vote of no confidence occurs
- The Prime Minister requests early dissolution
What was the Fixed-term Parliaments Act 2011?
The Act required a two-thirds majority for early elections unless a vote of no confidence occurred
What is the role of the Whip System in Parliament and what is the three-line whip?
Role of Whips: Encourage attendance, communicate party stance, ensure discipline
Three-Line Whip: Strict instruction to attend and vote a certain way. Defying it can lead to suspension
What is the role of Government and Opposition in Parliament?
Government: Must maintain the confidence of the HoC
Opposition: Critiques and holds the government to account
How is the government formed in the House of Commons?
Government ministers, including the Prime Minister, are appointed from MPs in the HoC
What are the powers of the House of Commons regarding finance?
The HoC must consent to raising funds and approving government expenditures. The HoL’s role in financial matters is limited by the Parliament Acts 1911 and 1949
What is the Recall of MPs Act 2015?
MPs can be recalled if:
- They are convicted of an offence and sentenced to less than 12 months
- They are suspended for 10 sitting days or 14 calendar days
- They commit expenses fraud
What is a Government Bill?
A bill introduced by government ministers, typically drafted by the government, with limited influence from Parliament
What are the 4 types of bills in Parliament and what do they do?
1) Public Bills: Affect general public policy
2) Private Bills: Affect specific individuals or organisations
3) Hybrid Bills: Combine aspects of public and private bills
4) Private Members’ Bills: Introduced by MPs not in government
What is the Parliamentary progress of a bill (8 steps)?
- First Reading: Introduction (no debate)
- Second Reading: Debate on principles
- Committee Stage: Detailed examination
- Report Stage: Consideration of amendments
- Third Reading: Final review
- Other House: Goes through similar stages
- Ping Pong: Reconciliation of amendments
- Royal Assent: Bill becomes law
What are the 3 main functions of the House of Lords?
- Shared legislative powers (limited by theParliament Acts 1911 and 1949)
- Scrutiny of government work and statutory instruments
- Debates and reports through specialised committees
What are the 3 main limitations of the House of Lords?
1) Cannot veto Money Bills
2) Can delay Public Bills for one year
3) Cannot oppose manifesto Bills at second or third reading (Salisbury Convention)
What is Delegated Legislation (Statutory Instruments)?
Secondary legislation made under powers granted by an Act of Parliament, e.g., Orders, Rules, Regulations
What are the 2 procedures for parliamentary scrutiny of Statutory Instruments?
1) Negative Procedure: Annulled if objected to within 40 days
2) Affirmative Procedure: Requires parliamentary approval before implementation
What is “Elective Dictatorship”?
A term coined by Lord Hailsham to describe excessive executive dominance in Parliament, due to:
- The majoritarian system
- Party discipline
- Limited powers of the HoL
