Parliament

Parliament

1. Sovereignty

   • Legally UK Parliament is sovereign
     • Source of all political power, no body can exercise power unless parliament authoriese
     • recall any power it had delegated to others
       • e.g devolution or the EU
     • it can make any laws it wishes
     • its not bound by the actions of previous parliaments
       • therefore cannot be bind its successors
   • Parliaments political sovereignty has decreased
     • power passed to the EU
       • EU law is superior to British law, therefore Parliament may not pass any law that contravenes the EU
       • however there are areas that the EU have no influence over at all
         • e.g health, transport, tax, education
       • some areas the EU has great influence
         • e.g agriculture, fisheries, trade and employment rights
       • in theory Parliament could withdraw but unlikely
     • power of executive has grown
       • PM in particular
       • especially those with large majorities
         • e.g Thatcher + Blair
     • Use of referendums
       • have taken one of parliaments role
         • to make significant changes to constitution
       • results are not binding but it would be politically unwise to ignore them
     • Following 1998 Human Rights Act, parliament has accepted European Convention on Human Rights
       • act could be repealed, but parliament treats ECHR as supreme
       • would take extraordinary circumstances to abolish the Act or ignore ECHR
     • Devolution
       • powers have devolved to Scotland Wales and Northern Ireland
       • could be reclaimed, but highly unlikely in practice
         • apart from Northern Ireland due to security circumstances there

2. Structure of Parliament

   • Plenary Sessions
     • whole house meets
     • normally Commons is only full once a week at PMQs
     • can also be full for controversial bills
       • e.g tutition fees/ fox hunting
     • often Gvt will expect backbenchers to vote
       • doesn't mean they'll take part in relevant debate
   • Legislative Committees
     • small groups of MPs assigned to scrutinise
     • intended to make Parliament more effective
     • recommend amendments however members are whipped
     • The government would have a majority on committees in the commons
   • Committees of Whole House
     • plenary session of either house, norm for HOL, rare for HOC
     • only if bill is significant or important
     • e.g Budget
     • Party Whips apply
   • Select Committees
     • mirror government departments
     • elected by all members of HOC
     • governing party will have majority of members
     • not whipped
     • job to investigate workings/consider policies + proposed legislation
   • Speakers
     • oversee debates
     • supposed to be neutral, therefore uncontroversial
     • replaced Lord Chancellor because of lack of power separation

3. Functions

   • Legitimisation
     • provides consent for legislation
     • no bill can become law without parliament consent
   • Scrutiny
     • Scrutinises legislation, both primary and secondary
     • involve making amendments
     • represents various interests in society
   • Opposition
     • government is forced to explain itself
     • benefits accountability
   • Acccountability
     • ministers forced to explain and justify their policies
     • can extend to opposition parties presenting alternative opinions
     • only a PM can remove a minister
     • expected to expose government mistakes
   • Financial Control
     • parliament needs to approve budget
   • Representation
     • MPs represent both party and manifesto
   • Redress of Grievances
     • carried out by MPs on behalf of constituents- investigate complaints against public bodies
   • Private Members' Legislation
     • only way parliament can propose its own legislation
   • Deliberation
     • rare instance of parliament dedicating time to a great issue of the day
   • Reserve Powers
     • powers to veto legislation and dismiss a government
     • rarely used, potentially grant great power
     • government often see a defeat coming and withdraw or changes a bill
     • e.g Sunday Trading Bill/allowance of Gurka settling rights in 2009
   • Delay
     • usually used by the Lords
     • this means lords are laregly free from whips, can delay legislation
     • gives government time to reflect
     • e.g 1991 War Crimes bill- defeated, 2005 hunting with dogs act- passed

4. House Of Lords

   • Significance
     • large majorities have become common
     • remaining membership of Lords has become more professional i.e heriditary peers
     • more legitimacy- removal of hereditary peers
     • contains legal and human rights experts
     • becoming more proactive
   • Restrictions
     • can only delay bills, not block them
     • it has no power over finances
     • Salisbury convention
     • Amendments proposed by the lords must be approved by commons

5. House Of Commons

   • Strengths
     • theoretical power
     • can amend legislation
     • MPs can call ministers to account
     • every constituency is represented
     • when small/no majority- commons have power over governments
     • different interest groups can be represented by different individuals
     • MPs have freedom to express their own views
   • Weaknesses
     • FTPT almost guarantees overall majority
     • party loyalty amongst MPS is traditionally strong
     • another reason for loyalty is the patronage of the PM