Topic 7. Parliament Flashcards
Composition of parliament
Monarch
House of Commons
House of lords
House of Commons
aka lower chamber
Democratic part
Made up of 650 MPs
MPs each represent a single constituency- a geographically defined electoral area
Elected via simple majority every 5 years; under the term of the fixed term parliaments act 2011
Composition of government
Party with the largest number of members in the House of Commons form the government, led by the party leader - becomes the PM
By constitutional convention, the PM sits in the House of Commons rather than lords
House of Lords
aka upper or second chamber
Members known as peers - hereditary and life peers.
Previously limited to hereditary peers and bishops (representing Church of England)
Life peers introduced through the life peerages act 1958
Usually appointed
How CRA 2005 changed the composition of House of Lords
Allowed for creation of the uk Supreme Court
When the Supreme Court came into being in 2009, former law lords or members of the appellate committee of the HL were transferred to the Supreme Court and no longer entitled to sit in parliament
Functions of parliament
Make laws
Debate
Scrutiny
Represent views of people across the uk
What makes the relationship between HL and HC effective
Through a combination of law and constitutional convention.
Laws - Parliament acts 1911 and 1949
Salisbury-Addison convention or Salisbury doctrine
Salisbury doctrine
- stems from the working arrangements reached during the post-war Labour Government of 1945 to 51, between Viscount Addison (leader of HL) and the fifth Marquess of Salisbury (Leader of the Conservative Opposition in the House of Lords).
- ensures that major Government Bills can get through the Lords when the Government of the day has no majority.
- in practice, the House Lords will not try to vote down at second or third reading, a Government Bill mentioned in an election manifesto or foreshadowed in the election manifesto.
Relevant law supporting the Salisbury doctrine
Parliament Act 1911 and 1949
the Parliament Act 1911 removed the House of Lords power of veto over legislation and replaced it with one of delay (of up to two years). Thus enabling legislation to pass in certain limited circumstances without the consent of the House of Lords.
The Parliament Act 1949 then reduced delaying power of the 1911 Act in respect of public bills, other than money bills, to one year.
How do members of House of Parliament vote
- vote in favour or against a motion and are counted during divisions, recorded by clerks and counted by tellers
- Commons vote aye and no
- Lords, contents and not contents
- results announced by Speaker (commons) or lord speaker (lords)
Components of fixed term parliaments act 2011
-limited power of PM to call for general election by providing fixed days for polls for parliamentary general elections
-established 5 year fixed term parliaments
-removed the prerogative power by the queen to dissolve parliament, instead putting it on a statutory footing
-early election can be triggered if HC passes a motion of no confidence
Code of conduct for MPs: 7 principles of public life
Selflessness, integrity, objectivity, accountability, openness, honesty, leadership
Parliament Acts 1911 and 1949
This statute removed the House of Lords power over of veto over primary legislation and replaced it with one of delay
Any other Public Bill, except those extending the life of a Parliament, could become an Act of Parliament without the consent of the Lords if passed by the Commons in three successive sessions with two years between first, second reading and final passing in the Commons, and if sent up to the Lords at least one month before the end of each of the three sessions.
This meant that in certain (limited) circumstances the House of Lords could delay legislation for two years but after this it could be sent for Royal Assent without the agreement of the Lords.
How did Parliament Act 1949 amend the 1911 Act
The Parliament Act of 1949 amended the 1911 Act and further reduced the Lords’ ability to delay legislation in respect of Public Bills, other than money bills, from three sessions to two, and reduced the period of time between the first, second reading and final passing in the Commons from two years to one.
