Public Law 4 Flashcards
What term is used to describe the structure of the UK parliament?
Bicameral (made up of two chambers).
The House of Lords.
The House of Commons.
Facts of the House of Commons?
- Elected Chamber.
- 650 Member (MP’s).
- Each MP represents one of the constituencies which make up the UK.
- Has primacy (superiority).
Facts of the House of Lords?
- Unelected Chamber.
- 805 Members (Life peers, Hereditary peers and bishops).
- Can delay (and sometimes) block legislation.
4.
What are the 3 main functions of the parliament?
- formation of government (government always needs a majority in HoC, the confidence of HoC)
- holding government to account (relationship between executive and legislature – political constitution)
- making laws (only Parliament can enact primary legislation formation of government)
- Life peers are conferred by the King on recommendation by Prime Minister.
- Less powerful than the House of Commons, but work together to make laws.
How are parliament and democracy linked?
Democracy = “government of the people by the people”.
MPs are democratically accountable to their constituents and need to keep them happy as MPs want to be re-elected (or want their party’s candidate in that constituency elected) in the next elections.
What is the electoral system in the UK and how does it work?
First-Past-the-Post:
- ‘Winner takes all’
- The candidate with the most votes wins in each constituency.
- Disadvantage = A simple-majority system and ill-equipped to produce electoral results reflecting the proportion of votes cast across constituencies.
- Advantage = Expected to create single-party majority governments and therefore stability in government—though exceptions such as the 2010 and 2017 elections.
How does the Alternative Vote system work?
- Voters rank candidates in order of preference (1, 2, 3, and so on) for as many or as few candidates as they wish.
- In first round of counting, all first-preference votes are counted. If one candidate receives over 50% of first-preference votes, then that candidate is elected.
- If no candidate secures more than 50% of first-preference votes, second round of counting takes place. The lowest-ranking candidate in first counting is eliminated; remaining candidates’ second-preference votes are counted.
- If on the basis of first- and second-preference votes one candidate secures more votes than the combined total of the remaining candidates, that candidate is elected.
- If no winner emerges in second counting, next lowest-ranking candidate is eliminated and the process is repeated until one candidate secures a higher quantity of votes than the combined total of the remaining candidates.
What is the purpose of a general election and how often are they carried out?
They determine the membership of the HoC & which political party forms the government.
- Normally take place every 5 years unless an early election is called.
- Fixed-term Parliaments Act 2011 was a major reform, but Dissolution and Calling of Parliament Act 2022 reversed that reform.
What was the Fixed Term Parliament Acts 2011?
FTPA provided for 5-year fixed parliamentary terms and only in exceptional circumstances could an early general election be called (either HoC passing a two-thirds majority or government losing a confidence vote & no new government formed within 14 days).
What did the Dissolution and Calling of Parliament Act 2022 do?
Reinstated the constitutional situation before the FTPA by reviving the prerogative powers of the monarch to dissolve and summon parliament.
Now, it is a prerogative power to dissolve Parliament and call an early general election (s 2).
If Parliament is not dissolved after five years, it automatically dissolves for a general election on the fifth anniversary of the day on which Parliament first met (s 4).
What is a constitutional convention which restricts the powers of the House of Lords?
Salisbury Convention
What does the Salisbury convention mean?
The House of Lords should not reject a government Bill that implements a manifesto pledge as the government has an electoral mandate to advance such a Bill.
How does Parliament Acts 1911-49 (legislation) restrict powers of HoL?
The House of Lords cannot block legislation only delay the legislation.
Money Bills = 1-month delaying power
Non-money Bills = 1-year delaying power
What is the exception to the powers of the Parliament Acts 1911-49?
The House of Commons cannot pass a Bill that extends parliamentary term beyond 5 years without the consent of the House of Lords.
Can use a 1-year delaying power for this scenario, however, the House of Commons would much more likely reach a compromise before then).
What is the difference between parliamentary sovereignty and parliamentary privilege?
Parliamentary sovereignty = refers to the principle that Parliament is the supreme legal authority in the UK.
Parliamentary privilege = refers to the special legal rights and immunities enjoyed by Members of Parliament (MPs) and the Houses of Parliament to enable them to perform their functions without interference.
