The Relationship between the executive & parliament - 4.2 Relations between institutions - UK Government

Question 1

Elective dictatorship

Answer 1

A government that dominates Parliament, usually due to a large majority, and therefore has few limits on its power - coined by Lord Hailsham

Question 2

Hailsham argued the only real check on executive power is

Answer 2

General elections - inbetween executive can do what they want

Question 3

Examples of executive dictatorship

Answer 3

• 2005 constitutional reform act
• Fixed term parliament act 2011 (under coalition but coalition agreement had not been put to the electorate)
• David Cameron offered to devolve more powers to Scotland if they rejected independence in 2014

Question 4

Reasons for executive dominance

Answer 4

• FPTP (single party government, large majority)
• Whip system & party patronage (reinforce party loyalty)
• Government domination of legislation timetable (all but 20 days)
• Salisbury convention & Parliaments Act (limit opposition from House of Lords)

Question 5

Salisbury convention

Answer 5

The convention whereby the House of Lords does not delay or block legislation that was included in a government’s manifesto.

Question 6

Absence of codified constitution leads to

Answer 6

Whoever controls Commons is the dominant force in the political system

Question 7

Parliament’s methods of holding executive to account

Answer 7

Influence over legislation
Scrutiny of other government activities
Parliament’s ability to remove governments and ministers

Question 8

Parliaments influence over government legislation (method of holding to account)

Answer 8

• Increase in rebellions (PM likely to abandon issue if they think it will be defeated)
• Opposition can lead to the allowance of a free vote
• Increase in Lords using power of amendment (Parliament Act can avoid this)

Question 9

Example of PM abandoning an issue that they thought would get defeated by rebellions

Answer 9

2015 relax on the ban on fox hunting

Question 10

Example of a free vote (i.e. governing party don’t have to tow-the-line)

Answer 10

2013 Cameron’s party allowed free vote on same sex marriage - almost 1/2 conservatives voted no but due to labour support it got through

Question 11

Lack of parliament’s influence over legislation

Answer 11

• Normally party discipline leads to towing the party line

- Sometimes government can rely on support from opposing party

Question 12

Example of party having to submit to loyalty

Answer 12

December 2010 coalition government - Lib Dems had to accept to increase student tuition fees despite breaking an election promise

Question 13

Example of relying on support from opposing party

Answer 13

Blair 2005 - renewal of Trident nuclear weapon system - Conservative support cancelled out Labour rebellion

Question 14

Example of Lords using power of amendment to secure compromises from government

Answer 14

Sunset clause in 2005 Prevention of Terrorism Act

Question 15

Limitations on the power of the Lords to influence government legislation

Answer 15

Unelected so normally defer to Commons once suggested amendments
Parliament Act can skip them - Blair did this 3 times

Question 16

Parliament’s scrutiny of other government activities (method of parliament holding executive to account)

Answer 16

• Enhanced status of committees (due to being able to elect their own chairs)
• Committees allow in-depth scrutiny (compared to PMQ)
• Oral and written questions to departmental ministers
• Debates - opposition get 20 days, Backbench Business Committee

Question 17

Example of experienced chair of committee

Answer 17

Andrew Tyrie (Treasury Select committee) accumulated expertise

Question 18

Limits on committees scrutinising executive

Answer 18

• Ministers can block appearance of officials as witnesses
• Government have to respond, but not act on committee recommendations
• Resources remain limited

Question 19

Backbench Business Committee

Answer 19

created 2010. Cross-party. Schedules debates government won’t choose in order to raise awareness - however sometimes gets limited media attention

Question 20

Example of backbench business committee debate getting limited media attention

Answer 20

Hillsborough disaster

Question 21

Parliament’s ability to remove governments and ministers (method of Parliament holding Executive to account)

Answer 21

• Vote of no confidence - all of government resigns (hasn’t happened successfully since 1979)

Question 22

Limits on parliament’s ability to remove government’s and ministers

Answer 22

PM can face down opposition by making a vote a matter of confidence in the government
Fixed Term Parliaments Act - allows PM who loses vote of no confidence to form a new government over 14 days

Question 23

Example of PM making voting a matter of confidence in the government

Answer 23

Major and the Maastricht treaty 1993

Question 24

Arguments suggesting government has a large degree of control over parliament

Answer 24

• Whips, patronage, payroll vote, majority
• Secondary legislation powers
• Control of legislative schedule, limited amount of time for opposition
• Ministers can obstruct select committees from summoning officials to their hearings
• Government doesn’t have to act on committee reports
• Lords usually defers to the will of the elected house
• Salisbury convention protects manifesto promises
• Parliament Acts help governments overcome persistent opposition from Lords

Question 25

Government control over parliament has reduced

Answer 25

• Increase in rebellions (can lead to government withdrawing bills)
• Government has accepted restrictions on certain prerogatives (e.g. military action)
• FTPA removed government power to choose election date (unless 2/3 MPs agree)
• Backbench Business Committee (2010) gives backbench MPs choice of topics for debate raising neglected issues
• Select committees grown in status due to electing chairs & increased powers
• Increasing assertiveness of HoL
• No single party controls the Lords