government and politics (UK) paper 2 - parliament

PARLIAMENTARY AND PRESIDENTIAL GOVERNMENT: separation of powers

a constitutional principle that the three branches of government - legislature, executive and judiciary - should have separate membership and separate powers and should be able to control each other's powers. It is largely absent in the UK.

PARLIAMENTARY SOVEREIGNTY: the erosion of parliamentary sovereignty

1. THE EUROPEAN UNION A great deal of legislative power has moved to the European Union. European law is superior to British law so if there is any conflict, EU law must prevail. Parliament may not pass any law that conflicts with EU law. There remain large areas of policy that have not passed to Brussels, including criminal law, tax law, social security, health and education, but there are also significant shifts of legislative authority - over trade, environment, employment rights and consumer protection. 2. EXECUTIVE POWER Executive power has grown considerably in recent decades. This involves a transfer of political but not legal sovereignty. 3. REFERENDUMS It in increasingly the practice to hold referendums when important constitutional changes are being proposed - devolution or the election of city mayors. Almost inconceivable that Parliament would ignore the popular will of the people, even though the results are not technically binding. The 2010 coalition government accepted that any further transfer of legal sovereignty to the European Union will have to be approved by a referendum, meaning in effect, sovereignty in such cases returns to the people. 4. HUMAN RIGHTS ACT Room for some controversy over the status of the Human Rights Act and the European convention on human Rights, which it establishes in law. The ECHR is not legally binding on Parliament, so Parliament retains its sovereignty. However, it is also largely clear that Parliament treats the ECHR largely as if it were supreme - it would only be in extraordinary circumstances that Parliament would assert its sovereignty over the ECHR. 5. DEVOLUTION Especially in Scotland. As with referendums, Parliament can restore to itself all the powers that it has delegated, but it is difficult to imagine circumstances in which the powers granted to the Scottish Parliament and the Welsh Assembly would be removed. Here again sovereignty has been transferred in reality, though not in constitutional law.

RELATIONSHIP BETWEEN GOVT. PARLIAMENT: why government dominated parliament

1. The government's majority tends to be very large, and so when trying to pass a law they have the majority to be able to send out a whip and pass that law. 2. Party loyalty in the UK is traditionally strong. 3. Prime ministerial patronage is extremely important. 4. MPs can be suspended or removed from the party. 5. House of Lords can a lack of authority.

THE STRUCTURE OF PARLIAMENT: bicameralism

Bicameralism describes a situation where a parliament has two chambers. The UK is bicameral: House of Commons and the House of Lords. Few countries juxtapose the democratic and aristocratic elements of their parliaments, e.g. United States, Australia, Poland, Romania.

THE STRUCTURE OF PARLIAMENT: legislative committees of either house

General committees exist in both Houses of Parliament. These have various functions and names, one being legislative committees. These committees are not free from party discipline. The governing party is always granted a majority on the committees (that is, positions are allocated in rough proportion to party membership in the two Houses as a whole). Party loyalty is expected to apply in committee. Members of the governing party are required only to vote for amendments that are approved by the government. Similarly, governing party members normally vote against any amendment that is not approved by government. It is rare for an amendment to succeed against government wishes. The government does, indeed, have a further precaution against any unwanted amendments. Any changes proposed in the House of Lords' committee must also be approved by the House of Commons. It is normal that Lord's amendments that are hostile to government intentions will be overturned in the Commons.

THE STRUCTURE OF PARLIAMENT:

Parliament is divided into three parts: 1. House of Commons (Lower House) 2. House of Lords (Upper House) 3. Queen-in-Parliament

parliament

Parliament is the name given to the representative bodies in many states, including the UK, it is also known as the legislature. Parliament have a number of roles including: legitimising legislation, passing laws, scrutinising legislation, calling government to account, representing voters and other groups and controlling government power. The UK Parliament has the ultimate power - sovereignty.

THE STRUCTURE OF PARLIAMENT: public accounts committee

Public Accounts committees (PAC) in the House of Commons: − Is always chaired by an opposition backbencher. − Investigates the financial aspects of government. − Is highly influential and often critical.

PARLIAMENTARY SOVEREIGNTY: legal sovereignty

Theoretical location of power. The UK Parliament is said to be legally sovereign. This means the following: − Parliament is the source of all political power. − Parliament may restore to itself any powers that have been delegated to others. − Parliament may make any laws it wishes and they shall be enforced by the courts and other authorities. − Parliament is not bound by its predecessors. Parliament cannot blind its successors.

PARLIAMENTARY AND PRESIDENTIAL GOVERNMENT: residential government

defined as in contrast to parliamentary government, a president normally has a separate source of authority from that of the legislature. This means that the executive (president) is accountable to the people directly, not to the legislature. − The legislature and the executive, in the form of the presidency, have separate sources of authority. They are separately elected. − The president is not part of the legislature. − The president (and therefore executive government as a whole) is accountable directly to the people, not to the legislature. − There is a clear separation of powers between the executive and the legislature. This implies that there must be a codified constitutional arrangement that separates those powers

PARLIAMENTARY AND PRESIDENTIAL GOVERNMENT: parliamentary government

defines as a system of politics where government is drawn from Parliament and is accountable to Parliament. In other words, the government has no separate authority from that of Parliament. − Parliament is the highest (in the UK the only) source of political authority. That is, political power may be exercised only if it has been authorised by Parliament. − The government must be drawn from Parliament - either the Commons or the Lords. In other words, all members of the government must also be members of the two houses. − There is, therefore, no strict separation of powers between that of the legislature and that of the executive. Instead, we say that the powers of the government and legislature are fused. − Government must be accountable to Parliament.

THE STRUCTURE OF PARLIAMENT: plenary sessions

neither the House of Lords nor the Commons meets very often in full, or plenary, session. indeed, there are not nearly enough seats for all the members. the occasions when the Houses are fullest are normally for Prime Minister's Question Time in the Commons, or when a great issue of the day is to be debated. In recent years the debates on the banning of hunting with dogs, on the 2003 war in Iraq, on the 2011 Anti-Terrorism Act, on student tuition fees in 2010, and on British membership of the European Union in 2011 have all attracted full houses. but for the most part the two chambers are only part filled. It is true that all loyal party members are expected to vote on government legislation, but this does not mean that members of either House have to be present during debates.

PARLIAMENTARY SOVEREIGNTY: political sovereignty

practical location of power. − Most political power lies with government, they often enjoy a majority in the House of Commons. − Parliament can thwart the authority of the government. - At a general election, political sovereignty returns to the people.

PARLIAMENTARY SOVEREIGNTY: westminster model

the Westminster Model is a description of the British central policy system, which is used more rarely today. it describes the fact that Parliament is the central representative body, that all power flows from Parliament and that government is accountable to Parliament. it also means that members of the government have to be drawn from Parliament.

FUNCTIONS OF PARLIAMENT: membership: life peers

− Appointed mostly on political grounds − Each main party gets to nominate a number of new life peers each year to replace those who have died − Most party nominations are retired politicians or current professional politicians − Examples of retired politicians: Lord Coe, Lord Lawson − Examples of current professional politicians: Lord Adonis, Baroness Warsi

FUNCTIONS OF PARLIAMENT: membership: bishops

− Bishops and Archbishops are all members of the Church of England. − CoE remains the 'established' religion of the UK. − Controversial members because CoE is not the religion of the majority of those in the UK and other religious traditions are not represented. − Politically neutral and form a kind of pressure group.

FUNCTIONS OF PARLIAMENT: limitations on the lords

− Can delay bills for only one year − Parliament Act of 1949 − No power over financial arrangements − Parliament Act of 1922 − May not block legislature which clearly appears in government's election manifesto. − Salisbury Convention − Any amendment made by the House of Lords must be approved by the House of Commons.

THE STRUCTURE OF PARLIAMENT: - legislative committees of the house of lords

− Contain 15+ members. − Often contain peers who are experts on the issue being legislated. − Are subject to weaker party discipline than in the Commons. − Often pass significant amendments to improve legislation and/or protect minorities. − Often defy the government's wishes. − Make amendments that are subject to approval in the Commons so their power is weakened. − Do sometimes force the government to change its mind.

FUNCTIONS OF PARLIAMENT: 6. deliberation

− Deliberation is where parliament will convey public political discourse and discuss in an argumentative manner rather than bargaining − Argumentation is considered the source of legitimisation limitations include: − Both Houses lack enough time to consider bills thoroughly. − Standing committees are whipped so fall under government control.

FUNCTIONS OF PARLIAMENT: significance of the lords' membership

− Government is prevented from enjoying an absolute majority in the Lords − Peers who do have a party allegiance still tend to be more independent than MPs − Most peers have a wide variety of experience due to their previous occupations − CoE is strongly represented − Legal profession and judiciary is also strongly represented − HoL is subject to the political patronage of party leaders. − Membership of the HoL is due to be significantly reformed.

FUNCTIONS OF PARLIAMENT: 9. financial control

− Governments depend upon their ability to collect taxes and spend money on their key functions. − Any changes to the system or spending allocation must be approved by Parliament. − The accounts committee considers the effectiveness of government spending and tax-payers value for money. limitations include: − Parliament is traditionally not expected to challenge government seriously in this area. − House of Lords has no jurisdiction at all.

FUNCTIONS OF PARLIAMENT: membership: hereditary peers

− Hereditary peers owe their position to being the eldest son of a hereditary peer who has died. − Maximum of 92 in the House of Lords − Labour Government sought change in 1999 to limit the number.

FUNCTIONS OF PARLIAMENT: 7. accountability

− In between elections Parliament must act on behalf of the people. − It forces government to justify policies. − The doctrine of individual ministerial responsibility is relevant. − In a general election the government is directly accountable to the public. − Questions to ministers force the ministers to face criticism and be prepared to answer it. limitations include: − Collective government responsibility makes it difficult to examine government decisions. − The opposition lacks the administrative back-up of the government. − Skilful ministers and civil servants can evade questioning by MPs and peers. − MPs and peers may lack expertise and knowledge. − The power of patronage prevents governing MPs and peers being hostile or too inquisitive. − There remains a good deal of government secrecy, especially in the fields of defence, security and foreign policy.

FUNCTIONS OF PARLIAMENT: 2. scrutiny

− It involves inspection of proposals and legislation and propose amendments if necessary. − More detailed scrutiny happens in legislative committees as well as general inspections in plenary sessions in both houses. − Parliament looks at secondary legislation, for example European law. limitations include: − Legislative committees are whipped and rarely defy government.

FUNCTIONS OF PARLIAMENT: 5. opposition

− It is a process to check the government prepares its case/s effectively. − It is expected for politics to be adversarial so all proposals must be challenged. − One rare example: The Lords defying the Commons.

FUNCTIONS OF PARLIAMENT: 3. legitimation

− It provides consent for government decisions. − It makes legislation legitimate and keeps parliament in power. − It is part of the formal process by which laws are passed.

FUNCTIONS OF PARLIAMENT: 11. redress of grievances

− Its where a constituent feels they have been unfairly treated by the government, or one of its agencies - that constituent may complain to their local MP. − It is an ancient parliament function and an unwritten contract between MPs and government. − MPs will either raise issues at the floor of the House (HoC), or see a minister or civil servant directly. limitations include: − MPs lack time to deal with many constituents'' grievances.

FUNCTIONS OF PARLIAMENT: 10. representation

− MPs must represent interests of their own constituency, their party and its manifesto. − They will weigh-up party attitudes to the issue against what they perceive to be the nation's best interest. − E.g. the Iraq War, where they considered the country as a whole and stepped out of party allegiances. limitations include: − The electoral system makes the Commons highly unrepresentative. − The House of Lords is not elected. − Both Houses are socially unrepresentative, especially in terms of women or social and ethnic background.

THE NATURE OF PARLIAMENT: features of the house of commons

− Made up of 650 MPs − The majority in the Commons forms the government − Members of the government make up the front bench − Departmental and select committees − Legislative committees − Whips − Speaker

FUNCTIONS OF PARLIAMENT: 1. private members' legislation

− Most legislation is passed by government. − Annual ballot ensures a few MPs and peers can put forward private legislation. − Most are blocked but rarely a private members' bill is passed with enough support. limitations include: − The House of Lords is not elected. − The Commons is seen to be dominated by the executive and therefore not independent. − The electoral system means the Commons is not politically representative of the electorate. − Little time is devoted to private members' legislation. − Government is easily able to 'kill' any bills it opposes. − It is difficult for MPs and peers to gather enough support to force bills through.

FUNCTIONS OF PARLIAMENT: membership: crossbenchers

− Number of life peers with no party allegiance - to prevent total domination − Extremely independent − Guarantee that the government can never enjoy an overall majority − Appointed by the Appointments Commission (independent body) − Prominent citizens such as: Lord Hastings, Lord Ramsbotham

FUNCTIONS OF PARLIAMENT: membership: law lords

− Senior judges in the House of Lords, both active and retired − Wealth of legal experiences gives the House of Lords special ability to make a good contribution to the legislative process − Can examine proposals from a legal point of view.

FUNCTIONS OF PARLIAMENT: 4. specific lord's powers

− The Parliament Act of 1949 means the Lords can delay a House of Commons proposals for a year. − This can cause government to amend the bill and gives them time to do so. − Lords can amend a bill after which it must be confirmed by the House of Commons - this may lead to it bouncing between the two houses. limitations include: − The Parliament Act limits this power to one year. − Proposed Lords' amendments must be approved by the House of Commons, where the government dominates.

FUNCTIONS OF PARLIAMENT: 8. reserve power

− These are powers which parliament rarely uses (the ability to veto government legislation and to dismiss a government). − If the Lords reject legislation it can be revered by the House of Commons, however this cannot work the other way. − It is not the role of Parliament to defy the will of the elected government. limitations include: − MPs of the governing party are especially reluctant to use reserve powers for fear of precipitating a general election in which they might lose their seat and/or their party might lose power.

FUNCTIONS OF PARLIAMENT: role of the lords

− To delay any legislation where peers want the government to re-think proposals and consult more widely. − Example: banning hunting with dogs in 2004-5 − To make helpful and friendly suggestions and amendments to bills − Example: Tuition fees 2003-4 − To make hostile suggestions in the hope that constant obstruction will force the government to compromise. − Example: Anti-Terrorism Act 2004-5 − Example: Exemption for Christian churches to the Equality Act, 2010 − To debate issues to ensure government hear the opinion of a wide range of society and experts. − Examples: mercy killing, abortion, IVF

THE NATUTE OF PARLIAMENT: features of the house of lords

− Upper House − 92 hereditary peers − 26 archbishops − Several hundred life peers − Legislative no departmental committees − Crossbenchers − No one party has a majority − Lord Speaker

THE STRUCTURE OF PARLIAMENT: - legislative committees of the house of commons

− Usually consists of 15-40 backbenchers. − Consider possible amendments to proposed legislation. − Always have a government majority. − Rarely pass amendments against government wishes. − Are seen as largely ineffective except where an issue is not controversial between the parties.

RELATIONSHIP BETWEEN GOVT. PARLIAMENT: domination of legislature by executive govt.

− Very important feature of UK political system. − "'Fusion' of executive and legislative power could be the secret of British political efficiency" - Walton Bagehot. − Backbenchers and front benchers sit together. − This 'fusion' means that positively: − Governments are rarely removed from office prematurely. − Governments are generally able to carry out their manifesto commitments. − However, it negatively means that: − Government can become dictatorial in nature. − There may be times when the public has lost confidence in the government.

RELATIONSHIP BETWEEN GOVT. PARLIAMENT: relationships between govt. and parliament is changing

− When the government has a modest majority it is vulnerable. − When there is no overall majority the government's control is reduced. − The House of Lords becomes more active when the government has a large majority in the House of Commons. − Sometimes a group of MPs within the majority party are obstructive.