1. Parliament

Cards (64)

  • Bicameral
    a system with two chambers - elected HoC and unelected HoL which is usually seen in a federal government system
  • Unicameral
    system of government where a single central unit has the wholesale right to make laws and decide on policies
  • Unicameral case study - Israel's knesset
    they have the right to pass any law even if it is in conflict with the lands basic laws and only the supreme court has the powers to challange.
  • Members of the monarchy
    • queen/king - usually ignored as their role is a ceremonial symbolism of the crown
  • Monarchs powers
    • appointing a government
    • opening and dismissing parliament in october/november
    • the queens/kings speech which is given at the start of a parliamentary session to inform parliament of government's legislative programme
  • House of Commons members
    • 650 MPs
    • each member represents one constituency and is elected by FPTP
    • usually a representative of a party and thus are subject to a system of party discipline
    • categorised as backbenchers with the minority being frontbenchers
  • House of Commons powers
    • legally its the dominant chamber of parliament
    • supreme legislative power - theoretically they can make or unmake any law they wish as the lords are only able to delay these laws - they exercise the sovereignty of parliament
    • only subject to higher authority of EU laws and treaties
    • they can theoretically remove a government
  • House of Lords members
    • not an elected body
    • Constitutional Reform Act 2005 created the supreme court and removed law lords from the house of lords
    • life peers - peers who sit in the lords for their entire life and were appointed under the Peerages Act 1958
    • hereditary peers - peers with an inherited title in descending order of rank, they existed in the 'unreformed' HoL
    • lords spiritual - bishops and archbishops of the church of England (opposed to other peers who are lords temporal)
  • House of Lords powers
    • they can only delay bills passed by the commons and this does not extend to money bills
    • Salisbury convention means they can't defeat measures outlined by a governments election manifesto
    • lords hold supreme veto powers which cannot be overriden by the commons
  • what are the functions of parliament
    • passing legislation
    • scrutiny of the executive
    • providing ministers
    • legitimacy
    • commons have the function of representing the electorate
  • why does governing through parliament make actions seem more 'rightful'?
    • parliament supposedly stands for the public as a representative assembly - the public feel they have approval of their actions
    • parliamentary approval is based on the assumption their actions have been properly debated and scrutinised - this exposes any weakness or issue
  • what is an example of governing through parliament making actions more rightful
    MPs vote to trigger Article 50
  • why can legitimacy be in doubt?
    • HoL has no democratic legitimacy as its unelected
    • respect for parliament is undermined by scandals such as partygate, expenses scandals and a series of harassment cases in westminster
  • define scrutiny
    parliaments relationship with the executive
  • define legitimacy
    whether parliament is deemed trustworthy and representative of the people
  • how effectively does parliament perform its representative function?
    • MP’s loyalty to their party may come into conflict with the need to represent a constituency as they are ultimately aiming for a promotion
    • the commons is still not entirely representative - as of 2015, 29% were female which does not represent the UK population where 51% are female, 6% are ethnic minorities as opposed to the real 13%
    • Ministers are restricted by a code of conduct, meaning that they cannot raise certain matters in the House of Commons
  • what is a surgery?
    in their constituency, MPs can hold a surgery where anyone can come and discuss matters important to them which provides the MP with an idea of what the locals want discussed in westminster
  • scrutiny of the executive - function
    • parliament has the responsibility to excise an oversight of the executives decisions, within this the opposition seeks to hold the government accountable for its errors in judgement
    • ministers have the duty of explaining and defending their policies within parliament - senior ministers usually sit in the commons where the main action is
  • questions to ministers - scrutiny
    • may call for oral or written answers, proposed weekly by the PM proposes a weekly question and answer session in the chamber of commons
    • criticism is that these are often unduly theatrical and almost a point scoring exercise which is dominated by PM or OL which undermines the say of party members or deputy's
  • select committees - scrutiny
    • shadow individual government departments in the commons
    • criticism is that their power is limited to just 'sending for persons, papers and records' relevant to their case
  • debates - scrutiny
    • Backbench Business Committee in 2010 granted MPs more power in shaping the agenda - they pick the topic of debate one day per week
    • debated in the lords are often given credit for higher quality as participants have expertise in a particular field although they rarely influence the course of events
    • criticism - Gov and Opp debates are usually on topics which divide parties so they create party arguments more often than carrying real investigation
  • example of gov being defeated in a debate
    David Cameron in 2013 - proposal to undertake military action in syria was rejected
  • how representative is the HoL
    • unelected body
    • does not reflect wider composition of the UK
    • 3 in every 4 members is male
    • average age is 71
    • 86% were born in the UK and most in London
    • 70% of lords had private school education
  • is the purpose of the lords to be representative?
    • it is a function of parliament as a whole
    • the lords is a body of specialism
    • it allows an educated body to influence but not decide on scrutiny
  • how does the whip system hinder the commons ability to be representative?
    • whips have a large amount of power as the throw threats at MPs and can manipulate information
    • MPs are told what to say in maiden speeches instead of addressing the issues important to their constituents
    • whips often are used to manipulate MPs into voting in line with the party - they are told how to vote on legislation meaning MPs sometimes don't read it
  • exclusive powers to the commons
    • commons retains exclusive authority over taxation and public expenditure
    • confidence and supply - can occur during a minority government in which the government favours a limited agreement with another party over a coalition
  • main constraints on power of the lords
    • due to increase in democracy the lords power has lessened and they are denoted to the 'second chamber'
    • parliamentary acts of 1911 and 1949
    • 1911 - ended lords interference in taxes as they can no longer veto non-financial bills but delay them and money bills can't be delayed
    • 1949 - halved the amount of time lords can delay non-financial bills for
    • Salisbury convention 1945 - lords would not oppose a bill that was based on a government manifesto pledge
  • what are the 3 distinct powers of the lords
    • revising chamber which offers amendments for government to decide on
    • delay non financial legislation for up to a year
    • only scenario it still has veto power is when government attempts to prolong life of parliament beyond its legal 5 years
  • Why is the Lord's deemed to be a more legitimate body since reforms made by New Labour?
    • There are far less hereditary peers than before
    • the upper house is now dominated by life peers who were appointed due to experience in a particular field
    • this improves legitimacy
  • What does Lib Dem rebellions against Labour manifesto promises suggest regarding the power of the Lords?
    • lords dominated by conservative peers
    • introduction of new labour reforms allowed lib dems to become more independent as they were granted more power to prevent bills
    • this gave them a greater ability to effectively scrutinise
  • Why does the presence of cross-bench peers further increase the legitimacy of the Lords?
    • cross-bench peers are more successful in holding the government to account because of their neutrality
    • this means they only assess bills on merits and thus decide accordingly if they support government or opposition
  • how can the advisory element of the lords be used ot the commons advantage?
    the government can use its majority in the commons to their advantage
  • how is the preventuon of Terrorism Bill 2005 an example of commons supremacy?
    • government compromised that legislation would be reviewed after a year and the lords eventually backed down
    • prevention of the terrorism bill created a sticky point between houses and was passed by the commons of the grounds of a 'sunset clause' being added which meant it would automatically expire in a year unless renewed
    • advice can be given but its largely ignored when from the lords
  • what can the commons utilise if the lords don't compromise?
    the parliament act as they can use it to force a bill through
  • why might advocates of commons supremacy oppose the idea of an elected house of lords?
    • results from parliamentary elections form governments
    • the HoL doesn't need to be representative as its function is to be specialised not generalised
    • commons is said to be legitimate and have the peoples interest in mind
  • define parliamentary privilege
    the right of MPs or lords to make certain statements within parliament without being subject to outside influence including law
    • this does not mean MPs are exempt from the law - 2009 expenses scandal
    • the principle is so that they can enjoy their historic right to freedom of speech
  • examples of parliamentary privilege
    • Ryan Giggs named by MP as injunction footballer
    • MP names 'amoral' British lawyers for silencing press for Vladimir Putins 'henchmen'
    • Hugh Edwards was a case where this privilege was not used
  • strength of backbench business committee
    • considered one of the biggest developments in parliaments ability to scrutinise
    • allows for debates to be held on topics that otherwise may not be brought up in parliament
    • topics can qualify through a petition with over 10,000 signatures - this applies to 35 days of the year
  • weaknesses of backbench business committee
    • MPs can be ignored by the executive
    • there are cases such as an 'adjournment debate' where no action is taken
    • after official business is over there is a chance for the MP to say their concern in the debate
    • this happens in cases of powerful executives when there is a government majority and a strong whip system
  • strengths of backbench rebellions
    • stifled recently
    • been a rise in the number of backbench rebellions even though MP participation declined
    • this allows them to prevent certain government legislation
    • decreased dye to whips as they may be suspended from their party
    • governments can drop bills if they are nit sure it will pass through a backbench rebellion