PAPER 2

• Recognised pieces of Constitution

  • Magna Carta(1215)
  • Bill Of Rights (1689)
  • The Act of Settlement(1701)
  • The Acts of Union(1707)
  • The Parliament Acts of 1911 & 1949
  • The European Communities Act (1972)
  • The European (Notification of Withdrawal) 2017
• Parliamentary Sovereignty


  Idea that parliament is supreme and able to exercise power over all other institutions and agencies. Parliament has final say on legislative matters and the supreme court for example, can only interpret and suggest changes to laws.
• Labour proposed incorporation of the ECHR into UK law and Freedom of Information Act (2000)
• There was a lack of reform under Thatcher and Major, helping to build up more pressure for this when it came round to Labour's landslide in 1997
• Constitutional Reform Act 2005


  • Established the UK Supreme Court, removing the top level of appellate court remaining in the Lords, emphasising the divide between legislative and judicial branches of govt. Justices to the court are appointed by merit by the independent Commission with minimal intervention from the Lord Chancellor/Minister of Justice. Strengthens the principle of the Rule of Law, reducing interference by the legislature.
• Fixed Term Parliaments Act 2011

  • Reduction in the manipulation of GE outcomes as parliamentary terms must be dissolved every 5 years, rather than when the government prefers, enhancing democracy.
• Human Rights Act (1998) + Freedom of Info Act (2000)


  • Cornerstone of Blair's winning manifesto, meaning rights of people in the UK were protected, not just by ECHR or United Nations. Making it easier for people to have their rights protected within the country rather than outsourcing to the ECHR etc.
• House of Lords Act 1999


  • Moved to abolish hereditary peers, making it easier for people of merit in a range of fields to be chosen to sit as peers.
• The Scottish parliament operates under an AMS electoral system with the largest party forming a government. There are 129 MP's
• The 2016 Scotland Act following the failed referendum in 2014 for independence granted Scotland widened ability to pass laws, control over welfare services and further taxes
• The Welsh Assembly has 60 members and powers over transport, housing, health and education amongst others. Police and justice, taxation are not devolved powers.
• The Northern Ireland Assembly has power over education, local govt + welfare and pensions. However, it remains dysfunctional due to the divide between the leading parties.
• Key Functions of Parliament

  • Legitimation/Passing legislation
  • Scrutiny/Making the govt accountable
• Process of a Bill of becoming a Law

  1. First Reading

  2. Second Reading

  3. Committee Stage

  4. Report Stage

  5. Royal Assent
• Parliamentary Privilege


  • Parliamentarians have the right to say whatever they like in parliament and they can never be sued for libel in doing so. This also covers the drafts and other preparations they make before debates.
• MPs/peers are not immune to prosecution under the law, unlike some countries. Examples include Fixed penalty notices for 'Party gate' Incident with Rishi Sunak the current PM being charged. + Former Labour deputy leader Harriet Harman pleaded guilty to driving without due care.
• Parliamentary privilege can be seen as beneficial as it allows politicians to discuss whatever it requires within the chambers to reach a conclusion on legislation through historic right to Freedom of Speech, more clarity for the general public.
• There are concerns about where the privilege is limited and what lies beyond its bounds, such as important govt information or documents concerning police or national security.
• Hybrid Bills


  A mixture between a public and private bill as it enacts changes to laws affecting both the general public and individual groups/organisations
• Hybrid Bills


  • Channel Tunnel Bills passed in 70s/80s that impacted the South east of the UK
• Process of a Bill becoming a Law

  1. First Reading

  2. Second Reading

  3. Committee Stage

  4. Report Stage

  5. Royal Assent
• First Reading


  • Formal stage when Bill is introduced in either chambers
• Second Reading


  • Crucial stage, main parliamentary debate occurs, followed by a vote/division where MP's vote either way
• Committee Stage


  • Public Bill committees are formed for each piece of legislation made, containing 18 members chosen by party whips, with a government-side majority
• Report Stage


  • Whole house debates on the entire bill with amendments
• Royal Assent


  • Monarch signs it, formally making it a law, has not been refused since 1707
• Parliamentary privilege


  Parliamentarians have the right to say whatever they like in parliament and they can never be sued for libel in doing so
• MPs/peers are not immune to prosecution under the law, unlike some countries
• Examples of parliamentary privilege in action include Fixed penalty notices for 'Party gate' Incident with Rishi Sunak the current PM being charged, and Former Labour deputy leader Harriet Harman pleading guilty to driving without due care
• Parliamentary privilege


  It allows politicians to discuss whatever it requires within the chambers to reach a conclusion on legislation through historic right to Freedom of Speech, more clarity for the general public
• There is a concern around where the privilege is limited and what lies beyond its bounds, such as important government information or documents concerning police or national security
• Backbench Business Committee


  • Created in 2010, reserves 35 days in each parliamentary session to discuss topics for debate, gifting further opportunity for backbenchers to choose topics which have otherwise not been chosen
• Backbench Business Committee


  • Implementation of Harvey's Law in 2015 which forces the Highway Agency to inform owners of pets who are killed on roads
• There has been a rise in recent years with the number of backbench rebellions against government measures and decisions
• If a government has a significant majority, it may even be able to bypass large rebellions within parties like Sir Tony Blair did concerning foreign affairs in Iraq in 2003, regardless of over 100 Labour MP's voting against it
• From 1997 to 2010, only 7 government-backed bills failed to pass through parliament
• Changes to the select committee system and the introduction of the Liaison Committee have strengthened the role of backbench MPs to hold governments to account
• Departmental Select Committee


  • Role - Calling Govt to account through 19 committees for each department to investigate their work, examining spending policies & admin, reporting to commons with any findings
  • Members are elected by all of the Commons, Chair selected by committee & membership varies between 11-14
  • Governing party has majority on each committee
  • Largely independent from party allegiance, meaning more focused on governing work and ensuring professionalism within parliament, separating loyalty
• Departmental Select Committee


  • 2015 Investigation into Treasury Committee into proposals for regulation on Banking sector
• Public Accounts Committee (PAC)


  • Role - Examine public finances scrutinising public spending choices from government/civil servants, looking at how much money is spent and why
  • The chair is always a member of the opposition & elected by party as well as other members