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 5years
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 newlabour 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 10,000signatures - 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