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Public Law > WK 4 - UK Parliament > Flashcards

WK 4 - UK Parliament Flashcards

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1
Q

Where does UK Parliament sit?

A

Westminster, London

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2
Q

How many chambers in Parliament? Names

A
  • Two; bicameral
  • House of Commons
  • House of Lords
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3
Q

The House of Commons

A
  • Elected chamber
  • 650 MPs (each represents one of 650 constituencies in UK)
  • Has primacy
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4
Q

The House of Lords

A
  • Unelected chamber
  • Made up of around 800 peers (life, hereditary + bishops)
  • Can delay (and exceptionally block) legislation
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5
Q

Three main functions of parliament

A
  • Formation of government
  • Holding government to account
  • Making laws
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6
Q

How does Parliament form government?

A
  • Majority in House of Commons necessary (confidence)
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7
Q

Holding government to account

A
  • Relationships between executive and legislature
  • Political constitution
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8
Q

Making laws

A
  • Only Parliament can enact primary legislation
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9
Q

Two other functions of Parliament

A
  • Supply personnel of government
  • Authorise taxes and spending
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10
Q

Define democracy

A

Government of the people by the people

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11
Q

Who elects MPs in HoC?

A

Their constituency. They represent it.

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12
Q

Explain the relationship between MPs and constituents

A
  • MPs are democratically accountable to constituents
  • Need to keep constituents happy to be re-elected
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13
Q

Which electoral system focusses on the constituency?

A

First Past The Post (FPTP)

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14
Q

What is FPTP also known as? Why?

A
  • ‘Winner-takes-all’ system
  • Most votes wins constituency
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15
Q

Give pros and cons about FPTP

A
  • A simple-majority system (easy to understand)
  • Not proportional
  • Expected to create a single-party majority, therefore stability in Gov’t
    [except 2010 + 2017 elections]
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16
Q

Explain Alternative Vote (AV) System

A
  • Rank candidates in order of preference
  • In first round, all first-preference votes counted. If someone receives over 50%, the candidate is elected.
  • If no candidate elected, second round of counting occurs. Lowest-ranking in first 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 round, next lowest-ranking candidate is eliminated and process repeated until one candidate secures a higher quantity of cotes than total combined of remaining candidates
17
Q

2011 AV Referendum

A

67.9% British people rejected adoption of AV system to replace FPTP

18
Q

What is the purpose of elections?

A
  • Determine membership of House of Commons
  • Determine which political party forms the Government
19
Q

How often do elections occur?

A

Normally five years unless early election

20
Q

House of Lords composition (Sep 2024)

[Members, 3 categories]

A
  • 805 total members
  • 692 life peers [conferred by King on recommendation by PM]
  • 88 hereditary peers
  • 25 bishops
21
Q

How are life peers chosen?

A

Conferred by King on recommendation by PM

22
Q

What is the salisbury convention?

A

A constitutional convention which restricts powers of HoL.

23
Q

Why should HoL not reject Bill implementing manifesto pledge? (e.g., Salisbury convention)

A

Government has an electoral mandate to advance such Bill

24
Q

Which convention + legislation restricts powers of HoL?

A

(1) Salisbury convention
(2) Parliament Acts 1911-49

25
Q

What is the Parliament Acts 1911-49?

A

Legislation restricting HoL powers

26
Q

Explain Parliaments Act 1911-49

A
  • HoL cannot block legislation, but can only delay
  • Money Bills (Taxation and Government spending): 1 month delaying power
  • Non-money Bills: 1 year delaying power
27
Q

What is the exception of Parliaments Act 1911-49?

s(2)1

A
  • Without Lord’s consent, HoC cannot pass a Bill which extends parliamentary term beyond 5 years
28
Q

R (Jackson) v Attorney General [2005], [2006]

A
  • Could HoC bypass HoL without enacting two Bills?
  • Act 1 would (without Lords’ consent) repeal Parliament Act 1911, s 2(I)
  • Act 2 would (without Lords’ consent) extend the life of Parliament beyond 5 years
  • Majority (with 1 dissenting judge): Not permitted, implied prohibition on enacting a Bill like Act 1.
29
Q

HoL 1-year delaying power

A
  • Significant power
  • Politically and even financially costly to wait a year to pass Legislation
  • Government chooses to reach a compromise with HoL rather than waiting

Public Law (17 decks)

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