Government and Legislature

House of Commons functions: Provides government - too much power over legislature? Enacts legislation - may conflict with executive functions e.g. MP's representative area may want something his government policy is against Hold executive to account for it's conduct Authorise and control taxation and expenditure Represent the people House of Commons composition: 650 MPs Speaker - Independent chair of the house Whips - Party officials who maintain party discipline Leader who controls the management of time Role of Backbench MPsVoting, debating ,questions, committee membership, grievances of constituents

House of Lords purpose: Federal state Protect constitution Questions controversial legislation House of Lords reform: Parliament Act 1911 - Removed ability to veto money bills - House of Commons given power to overrule HL veto after 3 sessions Parliament Act 1949 - Amended 1911 Act to reduce veto time to 2 sessions Life Peerages Act 1958 - Enable appointment of a new class of peers based on merit (not hereditary) - People with various backgrounds of expertise House of Lords Act 1999 - Hereditary peers generally no longer have the right to sit and vote in HL

Legislative Process - Public bills, private members' bills, private bills First reading - Title read out Second reading - Chance for parliament to reject the bill Committee stage - Detailed scrutiny of the bill, usually by a standing committee of 16-50 MPs Report stage - Whole house considers the amendments made by the committee Third reading - General debate on the billScrutiny of the executive Debates - topic usually chosen by the opposition - Takes place in Westminster hall Parliamentary questions - Written and oral e.g. Prime Minister's questions Parliamentary committee system - membership is proportionate to the party strength in the commons

Collective Ministerial ResponsibilityConfidentiality AG v Jonathan Cape [1976] QB 752 - Enforced by convention (not enforceable in courts as no legal basis) Ministerial Code 2010 Para 2.1 requires ministers to 'argue freely in private while maintaining a unisted front when decisions have been reached' BUT Freedom of Information Act 2000 may allow the disclosure of Cabinet minutes which can be stopped by the AG as per R (Evans) v AG [2013] EWHC 1960 UnanimityMinisterial Code 2010 Para 2.3 says 'decisions reached by the Cabinet or Ministerial Committees are binding on all members of the government' - Caused many resignations e.g. Robin Cook and Clare Short in 2003Votes of Confidence Government will only remain in power if they retain support of their party or parties e.g. Labour Government 1979 Prime Ministers will only remain in power if they retain the support of their party or parties e.g. Thatcher 1990, Blair 2007 Suspensions of Collective ResponsibilityE.g. European Economic Community Referendum 1975 and The National Government 1932Coalition GovernmentE.g. Lib-Lab 1978-1979, The Coalition 2010.

Individual Ministerial ResponsibilityLegal Responsibility A minister can be sued or judicially reviewed for something that their department has done e.g. M v Home Office [1994] 1 AC 437, Carltona v Commissioner of Works [1943] 2 All ER 560 Government and its officials are not above the law [rule of law] Political Responsibility - Accountability to Parliament Various mechanisms - voting on bills and debates, oral and written questions to ministers, investigations by departmental select committees, votes of confidence. Conventions in place in order to ensure control by Parliament and accountability of the executive. Ministerial Code 2010 para 1.5 says 'Ministers only remain in office for so long as they retain the confidence of the Prime Minister' A minister is responsible for his/her department Chrichel Down Guidelines 1954 - Must defend civil servants who carried out expicit orders or acted in accordance with policy laid down by the minister - Minister is always responsible even if he has no knowledge of, or disagrees with the conduct Attempts to blame the civil servant - Prisons 1995, The West Coast Mainline nad Virgin Railways 2012 Ministerial Code 2010 para 1.2 says 'Ministers have a duty to Parliament to account and to be held to account, for the policies, decisions and actions of their departments and agencies' Resignation is rare but more likely to be reshuffled e.g. Chloe Smith 2013 Financial Impropriety Parliamentary Privilege - All MPs are subject to Parliament's own legal rules on payments, expenses etc Ministers are subject to additional requirements laid down by convention Ministerial Code para 1.2 says 'ministers should not accept any gift of hospitality which might or might reasonably appear to compromise their judgement or place them under an improper obligation' E.g. Peter Mandelson 1998, David Laws 2010 'Lying' to the House Ministerial Code general principle says 'ministers who knowingly mislead parliament will be expected to offer their resignation to the Prime Minister' E.g. Matrix Churchill Trial 1992 Personal ConductCauses many resignations e.g. Chris Huhne 2012, Andrew Mitchell 2012, Profumo 1962 etc

Winston Churchill - "...democracy is the worst form of government except all the others that have been tried"General Election Walter Bagehot - "No-one will contend that the ordinary working man who has no special skill... can judge much of intellectual matters' Women couldn't vote until 1928 Vote every 5 years fixed term as per Fixed Term Parliaments Act 2011 Who cannot vote? Citizens who lack legal capacity Non UK, Ireland or Commonwealth citizens Convicted prisoners - R (Pearson) v Home Secretary 2001, Hirst v UK (No2) 2005 BHRR 441 Mental health detainees Members of House of Lords - unless no longer sitting e.g. hereditary peers as per S3 House of Lords Act 1999 Convicts for corrupt or illegal practices at elections How does one vote? ECHR, Protocol 1 Article 3 - "free lections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the people in the choice of the legislature" In person at polling booth By post - Political Parties, Elections and Referendums Act 2000 Fraud by post - R (Afzal) v Election Court [2005] EWCA Civ 647 Many new suggested developments such as voting via internet, mobile phone and supermarkets

Who may stand as a candidate for election as an MP?Pre-requisites Nomination Deposit (Has Pros and cons) Who may not stand? Pursuant to separation of Powers e.g. Judges, civil servants etc. Aliens 21 years old and younger Mental health detainees Members of House of Lords - unless no longer sitting Bankrupts Person guilty of corrupt or illegal practices Certain categories of convict 'First Past the Post' Westminster voting system Constituencies - Single member, equal value of vote Boundaries determined by Boundary Commission CampaigningLimits and other rules constrain parties and individual candidates to ensure fairness and propriety in electioneering Political Parties, Elections and Referendums Act 2000 What may or may not be said Advertising Broad Casting Spending Funding

The Electoral Commission Political Parties, Elections and Referendums Act 2000 Independent Registers political parties Public education relating to current electoral systems in the UK and EU Reform Should voting be compulsory? Should campaigning be funded from taxation? Extended postal voting? 'E-voting'? Alternating voting systems?

The Prime Minister Leads government and Coalition (or party) Convention, not law Appointed my Monarch (prerogative power) Convention to be leader of majority party and a constituency MP in the House of Commons Appoints, directs, promotes, demotes and fires ministers Addresses the nation when there is a crisis Minister of the Civil Service Prerogative powers e.g. war/treaties The Cabinet Convention, not law Evolved from Curia Regis - 'King's Advisers' 21 Cabinet Ministers paid Make policies Pm decides: Frequency and duration of meetings, content & conduct, agenda, who speaks and for how long.

Special Advisers PM has 18.5 Deputy Pm has 4 Cabinet ministers up to 2 Code of Conduct for Special Advisers 2010 May be political No duty to be impartial or objective The Civil Service Servants of the crown Statutory protections include the Constitutional Reform and Governance Act 2010, Civil Service Commission and a duty to the government not to parliament Non-political, neutral Independent Permanent Civil Service Code 2010 Nolan Principles

Open GovernmentArguments for:Democracy: People's government, right to know, participationCorruption not hiddenArguments against: National Security Public safety Strong, viable, credible government - united front Good governance - uninhibited debate Can appeal to the Information Commissioner and then the courts Scottish ministers v Scottish Information Commissioner 2007 - Can over-rule ministers; public interest HM Treasury v Information Commissioner 2009 - Ministry did not have to reveal whether it held legal advice Corporate Officer House of Commons v Information Commissioner - Details of MP's expenses claims; public interest Cabinet Office v Information Commissioner - Ordered disclosure on balance of public interest regarding the legality of the Iraq war

Parliament

Responsible Government

Prime Minister & Cabinet

Elections and Democracy