House of Lords

• House of Lords

  >sit in the upper chamber

  >Appointed experts

  >Reviews legislation from commons

  >Scrutiny of commons
• Bagehot stated


  House of Lords can alter and reject Bills on which House of Commons is not yet thoroughly earnest
• Jackson v Attorney General 2005


  Argued that the 1971 Parliament Act was a piece of secondary legislation as it had been using provisions of the Act
• Salisbury convention

  1. Relationship between the two houses
  2. Shows it would be constitutionally wrong to oppose proposals that have been put before the electorate
• House of Lords

  >Populated by specialist/ experienced politicians

  >Performs the bulk of secondary legislation scrutiny
• What are Hereditary peers

  They are entitled by birth to a seat in the House of Lords
• House of Lords Reform Act 2014


  >Preserving the houses integrity by removing convicted criminals and absentee peers

  >Enabling peers to retire
• Burns report recommendations

  1. Reduction in size - Cap at 600
  2. Suggests a fixed term membership
  3. No party should hold a majority of political seats
• Where did parliamentary privilege come from?

  The Bill of Rights 1689 Article 9 (freedom of speech)
• Pepper v Hart 


  It is for the courts to decide whether a privilege exists and for parliament to decide whether such a privilege has been infringed
• Members of parliament

  1. MPs have freedom from arrest - only in civil matters
  2. MPs have freedom of speech - Defamation Act
  3. MPs did not have the authority to voluntarily waive parliamentary protections ( parliamentary privilege) before the 1996 Act