PARLIAMENT
Structures and functions of the houses
Comparative powers
Parliament and executive
STRUCTURES AND FUNCTIONS OF THE HOUSES
MEMBERSHIP:
HOC MEMBERS
- Elected (single-member constituencies)- fptp
- Fixed term parliament Act (2011- fixed five year parliamentary terms)
- Except: if a govt loses a vote of no confidence and the pm cannot form
another administration within 14 days
- Or: if ⅔ of MPs support an early election calling
- Theresa May June 2017- called an early election with the support of
enough MPs
- ¾ of MPs in the commons are backbenchers (the frontbenchers- govt and shadow
ministers of the opposition)
HOL MEMBERS
- No upper limit memberships
- Peers: hereditary, life and Lords Spiritual (bishops and Archbishops)
- Undemocratic feature
MAIN FUNCTIONS:
PASSING LEGISLATION
Parlt superiority
- Parlt- supreme legislative body- authority to pass or amend laws on any subject
- Exclusive power to give consent to taxation
- Lords cannot interfere with ‘money’ bills (can amend non-financial legislation)
- Can make or unmake any laws
- No entrenched constitution to restrict parliament
Legislation initiated by govt
- Most is initiated by govt- limited opportunity for backbench and opposition MPs to
propose their own measures
, - Parlt- tends to react to legislation put forward by the exec rather than developing its
own legislative proposals
- Rarely can defeat or significantly amend legislation
- To succeed there needs to be sufficient opposition from the opposition parties
combined along with rebels in the govt- David Cameron March 2016 defeat on
plans to extend Sunday trading- Labour and SNP joined conservative outliers
Legislative process
- Legislative bill- proposal for a new law or change to an existing law brought before
parlt- can be introduced in commons or lords
- Most important type of proposal is a govt/public bill that are brought forward by govt
ministers- dominated by govt
- Private members bill- introduced by an individual backbench MP or a Lord that
affects the whole population
- Imposition of a duty on councils and the NHS services to look after people with
autism (2009), brought up by MP Cheryl Gillan
- Less likely to become law than a govt bill
- At the start of each session in the commons a name is pulled out of a ballot to
decide which bill proposal will be addressed
Whips
- Party whips enhance the adversarial nature of the govt
- Ensure MPs turn up to parliamentary votes by giving a written instruction of
attendance (a whip)- indicates the importance of their presence
- 3 line whips- very important
- Govt whips may offer the idea of promotions to ministerial positions to encourage
party loyalty (can also impose sanctions on rebels eg. party suspension to sit as
independents)
- Smaller scale of this operates in the Lords
Overriding necessity
- Can use this to push through legislation
- 2005 prevention of terrorism act- control orders for individuals suspected of
terrorist offences- completed its stages within 18 days
PARLIAMENTARY SCRUTINY
- Responsibility to scrutinise the executive
- Opposition seeks to hold the govt to account and expose errors
- Ministerial duty- explain and defend policies in parlt
- Most govt depts are represented in the Lords by a junior minister to oversee the
passage of business in the house
Structures and functions of the houses
Comparative powers
Parliament and executive
STRUCTURES AND FUNCTIONS OF THE HOUSES
MEMBERSHIP:
HOC MEMBERS
- Elected (single-member constituencies)- fptp
- Fixed term parliament Act (2011- fixed five year parliamentary terms)
- Except: if a govt loses a vote of no confidence and the pm cannot form
another administration within 14 days
- Or: if ⅔ of MPs support an early election calling
- Theresa May June 2017- called an early election with the support of
enough MPs
- ¾ of MPs in the commons are backbenchers (the frontbenchers- govt and shadow
ministers of the opposition)
HOL MEMBERS
- No upper limit memberships
- Peers: hereditary, life and Lords Spiritual (bishops and Archbishops)
- Undemocratic feature
MAIN FUNCTIONS:
PASSING LEGISLATION
Parlt superiority
- Parlt- supreme legislative body- authority to pass or amend laws on any subject
- Exclusive power to give consent to taxation
- Lords cannot interfere with ‘money’ bills (can amend non-financial legislation)
- Can make or unmake any laws
- No entrenched constitution to restrict parliament
Legislation initiated by govt
- Most is initiated by govt- limited opportunity for backbench and opposition MPs to
propose their own measures
, - Parlt- tends to react to legislation put forward by the exec rather than developing its
own legislative proposals
- Rarely can defeat or significantly amend legislation
- To succeed there needs to be sufficient opposition from the opposition parties
combined along with rebels in the govt- David Cameron March 2016 defeat on
plans to extend Sunday trading- Labour and SNP joined conservative outliers
Legislative process
- Legislative bill- proposal for a new law or change to an existing law brought before
parlt- can be introduced in commons or lords
- Most important type of proposal is a govt/public bill that are brought forward by govt
ministers- dominated by govt
- Private members bill- introduced by an individual backbench MP or a Lord that
affects the whole population
- Imposition of a duty on councils and the NHS services to look after people with
autism (2009), brought up by MP Cheryl Gillan
- Less likely to become law than a govt bill
- At the start of each session in the commons a name is pulled out of a ballot to
decide which bill proposal will be addressed
Whips
- Party whips enhance the adversarial nature of the govt
- Ensure MPs turn up to parliamentary votes by giving a written instruction of
attendance (a whip)- indicates the importance of their presence
- 3 line whips- very important
- Govt whips may offer the idea of promotions to ministerial positions to encourage
party loyalty (can also impose sanctions on rebels eg. party suspension to sit as
independents)
- Smaller scale of this operates in the Lords
Overriding necessity
- Can use this to push through legislation
- 2005 prevention of terrorism act- control orders for individuals suspected of
terrorist offences- completed its stages within 18 days
PARLIAMENTARY SCRUTINY
- Responsibility to scrutinise the executive
- Opposition seeks to hold the govt to account and expose errors
- Ministerial duty- explain and defend policies in parlt
- Most govt depts are represented in the Lords by a junior minister to oversee the
passage of business in the house
