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
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