Parliamentary sovereignty Flashcards
What are three main elements of Parliament?
House of Commons
House of Lords
Monarch
What is the composition of the House of Commons?
650 elected MPs
The Speaker
The Prime Minister and cabinet ministers (included within the elected MPs)
When can an MP be removed from their seat?
- When they are convicted of an offence and receive a custodial sentence
- Following a report from the Committee on Standards
- The MP is convicted of providing false or misleading information for allowances claims
What is the composition of the House of Lords?
The Lords Temporal (around 700 life peers and 92 hereditary peers)
The Lords Spiritual (26 senior members of the clergy of the Church of England)
What is the maximum life of a Parliament?
5 years, although it can be dissolved sooner by the Monarch at the request of the Prime Minister.
What is the legislative procedure to pass a public bill?
First reading
Second reading
Committee stage
Third reading
Proceedings in the HOL
Royal Assent
What happens at the First Reading of a public bill?
This is purely a formality
The title of the bill is read out, printed and published
What happens in the Second Reading of a public bill?
The main debate takes place in the House of Commons on the general principles of the bill
What happens in the Committee Stage of a public bill?
The bill is referred to a general committee consisting of 16-50 members appointed by the Committee of Selection.
Important bills or bills which require little discussion because they are uncontroversial may be referred to the Committee of the Whole House.
The purpose is to examine the bill in detail and amends may be made.
What happens in the Third Reading stage of a public bill?
Consideration of the amended bill.
Amends may be made orally.
This is the final opportunity to vote on the bill - often MPs do not.
What happens when the bill reaches the HOL during a public bill?
The process repeats except in the HOL, except the Committee Stage will consist of the Committee of the Whole House.
When the bill has received its third reading, it must be sent back to the Commons if the Lords have made any amendments.
It can be sent back and forth numerous times, but if the Commons restores the original wording the Lords will usually accept it.
What happens in the Royal Assent stage of a public bill?
A bill then becomes law and is referred to as an Act of Parliament.
It will commence on the date set in the legislation or determined by delegated legislation under the Act.
What are private bills?
Bills which relate to matters of individual, corporate or particular persons or locality.
When can a bill be passed for Royal Assent without HOL consent?
Under the Parliament Acts 1911 and 1949, Royal Assent to a bill can be given which lacks the consent of the HOL, provided the Speaker has certified the provisions of the Acts have been complied with.
What bills can be passed over to the Monarch for Royal Assent?
Money bills i.e. public bills dealing only with national taxation or supply - can be passed to the Monarch one month after being passed to the Lords.
Other public bills if the HOL have rejected it in two successive sessions - the bill can be sent to the Monarch. A year must elapse between the second reading in the HOC and third reading in the second session.