Structure and role of PArliament Flashcards
Trustee theory of representation?
Sometimes known as Burkean. The idea that representatives use their superior knowledge/ experience to act for the people, in their best interests.
Mandate theory of representation?
A government has had its manifesto approved by the public and therefore can carry out whichever policies it desires.
Delegate theory of representation?
This views the representative as the mouthpiece of their electors, aiming to carry out the exact wishes of their constituents.
Parliamentary Privilege?
Where MPs are granted legal immunity over anything said in parliament.
Example of Parliamentary Privilege being broken/ failing?
2009 Expenses Scandal: 4 MPs jailed
What are the main ways in which Parliament scrutinises/ checks the executive/ government:
- PMQs
- Select Committees
- HOL
- The Opposition
What do Select Committees do?
Scrutinise government policy, shadowing the work of major government departments. They do this by carrying out enquiries, writing reports, carrying out Q&A sessions, and asking to see government documents.
Ways in which Select Committees might be restricted in their work?
- If the govt has a majority in the Commons, this will be reflected in the make-up of the committees, limiting the incentive to scrutinise effectively.
- Whips control individual appointments to committees, meaning loyal MPs may be placed strategically.
- SCs can scrutinise and advise upon govt policy but not force/ implement change
- SCs have limited powers of subpoena/ attendance e.g. Mark Zuckerberg refused to attend a hearing.
Example of Select Committee success?
40% of recommendations are acted upon.
Ways in which The Opposition are effective in scrutiny?
- Privileges at debates e.g. PMQs six direct questions
- On ‘Opposition Days’ opposition parties choose subjects for debate and often spend time scrutinising govt policy/ actions
Ways in which The Opposition are ineffective in scrutiny?
- Have no real ability to initiate their own legislation
- Govt usually has an overall majority, granting them dominance in the HOC
- They have a lack of resources in comparison to the govt e.g. the Govt has the loyal support of the Civil Service
- Opposition party is usually divided/ in a position of weakness as a result of election loss.
Ways in which PMQs are effective in scrutiny?
- The PM must answer questions on topics they are not always aware of and must justify their actions, holding them to account
- Leader of The Opposition is permitted to ask 6 direct questions to the PM
Ways in which PMQs are ineffective in scrutiny?
- Questions often not properly answered by the PM/ govt ministers
- “Punch & Judy” Politics
- Planted questions designed to flatter rather than scrutinise
Functions of Parliament?
- Lawmaking
- Representation
- Scrutiny
- Recruitment of ministers
- Promotion of legitimacy
Ways in which Parliament is effective in its law-making function?
- It can make and un-make any laws it wants, now to an even further extent due to the loss of overarching EU law.
- There is no codified constitution to restrict Parliament.
- Parliament is superior to other institutions e.g. devolved bodies.
Ways in which Parliament is ineffective in its law-making function?
- Mostly considers govt-made bills, rather than Private Members’ Bills, therefore it is government rather than Parliament that is legislating.
- Govts usually have majorities in the commons, making the passing of laws a foregone conclusion - Parliament is sidelined.
- The Lords rarely propose their own legislation and usually tend to just ‘fix’ government bills which pass through the Commons.
Ways in which Parliament is effective in its Representative function?
- The HOC is elected, and is superior to the Lords
- By the Delegate theory, each MP acts on behalf of their constituents
Ways in which Parliament is ineffective in its Representative function?
- The HOL remains entirely unelected
- Due to the voting system, the make-up of the HOC does not reflect the way people vote
- Argued that MPs/ Peers come from a narrow background, and therefore do not reflect society
Ways in which Parliament is effective in its Scrutiny function?
- PMQs provide time where the PM and govt ministers mustjustify their actions.
- Select Committees are used to scrutinise govt policy, and public bill committees examine proposed legislation (40% rule)
- Debates can be held discussing the merits of government actions
- The Opposition party is given time to challenge govt e.g. PMQs, Opposition Days
- MPs and Peers can submit questions to ministers, which must be responded to
Ways in which Parliament is ineffective in its Scrutiny function?
- The govt usually has a majority in the Commons, meaning most MPs will be supportive of the government.
- Weakness of PMQs: Planted questions, ‘Punch & Judy’ politics
- The government’s majority is reflected on select committees, reducing the extent to which they may carry out effective scrutiny
Ways in which Parliament is effective in its Recruitment function?
- All ministers are MPs, and so will have spent time as backbenchers ‘learning the ropes’
- Backbenchers learn how the government and Parliament work, before progressing to junior ministerial posts, before potentially running a government department
Ways in which Parliament is ineffective in its Recruitment function?
- Ministers only come from the pool of MPs of the largest Commons party, so there are not many to choose from
- The skills learned in Parliament during time as a Backbencher may be more debating and speaking rather than managing and organising
- Ministers increasingly have no experience of a career outside of politics, so may lack perspective/ understanding of the implications of their actions.
Ways in which Parliament is effective in its function of Promoting Legitimacy?
- Being elected, the Commons has the approval of the people, so its actions are legitimate
- Govt actions are scrutinised/ challenged by Parliament, making those actions better
Ways in which Parliament is ineffective in its function of Promoting Legitimacy?
- Lords are unelected, and some hereditary, meaning they are not democratically legitimate, yet still play a large part in creating legislation
- A number of scandals e.g. 2009 Expenses, have undermined public trust/ opinion of Parliament
