Parliament:
Parliament:

Parliament = the legislature. It is main way in which citizens are represented. It controls the power of the government, forcing it to be accountable. Above all, Parliament exists to grant formal consent to legislation even though it is dominated by the government.
Features of a Parliamentary Government: * Parliament is the highest source of political authority – political power has to be authorised by Parliament * Government has to be drawn from Parliament * No strict separation of powers between legislative and executive – fusion of powers * Government must be accountable to Parliament
Features of a Presidential Government: * Legislature and executive have separate sources of power – separately elected * President is not part of the legislature * The President (and therefore executive) is accountable directly to the people, not the legislature * Clear separation of powers between executive and legislature – there is therefore codified constitutional arrangements that separates those powers
What is parliamentary sovereignty? * Parliament in the UK is legally sovereign * It is the source of all political power * It may restore to itself any powers that have been delegated to others * It may make any laws it wishes and they shall be enforced by the courts and any other authorities * It is not bound by its predecessors – laws passed by parliaments in the past are not binding on the current parliament – neither can it bind its successors * In reference to political sovereignty, Parliament has lost much of its sovereignty * Parliament in the UK is legally sovereign, but the political sovereignty is less clearly located (it lies with the people at elections, with the government between elections)
The erosion of Parliamentary sovereign: * Legislative power has been moved to the EU – European law is superior to British law * EU law prevails * Parliament cannot pass any law that conflicts with EU law * Executive power has grown considerably in recent decades – there has been a transfer of political not legal sovereignty * Increasing the use of referendums means that sovereignty lies with the people – Parliament would not ignore the popular will of the people. However, results are not technically binding * ECHR is not binding but they do treat it as higher authority * Devolution has taken power away from Westminster Parliament

The three main parts of Parliament: House of Commons | House of Lords | The Monarch | * All Mps elected by the citizens in the General Election – each MP represents their own constituency | * All of the peers * Nominated experts in their field * PM has a large say in who becomes a peer | * King/Queen at the time * Less power now, but still have the final sign-off and on peerages |

* Basic structure: * HoC = lower house * HoL = upper house * Queen-in-Parliament = ceremonial role

* The different roles: Shared functions | House of Commons only | House of Lords only | * Granting formal consent to legislation * Calling government to account * Scrutinising proposed legislation and amending it where necessary * Debating key issues * Representing the interests of different sections of society | * Granting popular consent to proposed legislation * Refusing to approve items of legislation which are undesirable * Representing the interests of constituencies * Bringing attention to the grievances of individual constituents | * Deliberating at length on important issues * Providing specialist expert advice on proposed legislation * Delaying legislation, forcing government to reconsider |

* Composition and structure of the House of Commons: * 650 MPs * Frontbench MPs – prominent members of the political parties who tend to sit on the benches in the centre of the chamber: made up of ministers of the government and leading members of the other parties * Backbench MPs – all the other MPs who do not have a ministerial position post and/or who are not senior members of their party * The Speaker – elected by all MPs and must become politically neutral: keeps order and organises the business of the House in conjunction with the party leaderships. The speaker is also concerned with the conduct of MPs and may discipline them * Legislative committees – examine proposed laws and put forward amendments * Department select committees – permanent check for efficiency of government departments * Public Accounts Committee – examines government finances * Whip offices – respected MPs who’s role is to inform MPs who’s role is to inform MPs about the business of the house, ensure MPs turn up when required

* Composition and structure of the House of Lords: * Life Peers * Hereditary Peers * 25 Bishops/Archbishops from Church of England * Socially Homogeneous

* Committees: Committee | Roles | Strengths | Weaknesses | House of Commons departmental select committees | * Investigate the work of government for efficiency and effectiveness * Consider major departmental policies * Consider proposed legislation * Investigate matters of public concern * Investigate errors made | * Act largely independently of party control * Have the power to call ministers, civil servants and outsiders as witnesses to their hearings * Given time for extensive questioning and investigation * Respected by policy makers | * Have relatively little research back-up * Have no ability to enforce their recommendations * Sometimes put under pressure by party whips to take a particular view – not always independent | House of Commons Public Accounts Committee (PAC) | * Checks that public spending has been used for its intended purpose * Investigate financial arrangements of the government * Search for any corruption | * Always act independently * By tradition, the chair is a member of the opposition * Has full access to details of government financial arrangements * Highly respected by policy makers | * Cannot enforce its recommendations | House of Commons Legislative Committees | * Examine proposed laws * Put forward amendments which may improve legislation | * Have the opportunity to examine legislation in detail | * Nearly always divide on party lines – not independent * Lack expertise and research back-up * If they take too much time, the government can curtail their debates * Their decisions may be overturned by the whole House |
Legislative Committees: * Formed for each proposed piece of legislation * Contain between 15-40 backbenchers * Examine proposed laws and to put forward amendments (need approval of whole HoC)
Departmental Committees: * 19 such committees (e.g. – Health and Home Affairs) * Members are elected, but expected to behave in a non-partisan way * Reports carry significant weight * Have considerable powers, such as calling for ministers/civil servants/external witnesses/official papers in their investigations * E.g. – March 2010. Environment and Rural affairs committee released a report of ‘Waste strategy for England’
Functions of Parliament: * Scrutiny: * Involves close inspection, and where necessary, amendments may be proposed * Detailed scrutiny carried out by standing committees of both Houses * Ensures various interests are represented * Doesn’t normally involve blocking legislation but important changes can be proposed and accepted * Can also scrutinise ministers decisions
(e.g – Home Affairs Committee – Detention of terrorist suspects report 2006: rejected government case for up to 90-day detention without trial for terrorist suspects: suggested 28 days maximum – recommendation accepted by whole House of Commons) * Reserve Powers: * Two powers that it rarely uses: 1. Veto government legislation (e.g. – 1986 second reading deficit of Sunday trading bill due to religious opposition and workers rights) 2. Dismiss government (e.g. - 1979 Callaghan’s Labour Government dismissed in a vote of no confidence) * Legitimation: * For any law or executive action to be implemented and respected, it requires parliamentary sanction * This effectively grants popular consent and makes legislation legitimate * Opposition: * Only applies to parties * Traditional power * Hold government to account but do not overturn decisions (e.g. – gay marriage) * Ensures government are working effectively * Accountability: Individual ministerial responsibility | Questions to ministers | Debates | Select committees | * Ministers responsible for all activities including themselves(e.g. – David Blunkett resigned due to trying to get his partners nanny’s visa fast tracked) * Serious mistakes means that MPs have to resign | * Every minister to appear in House regularly * Questioned * Make an impact * PMQ – used to be to hold PM accountable, now just contest between party leaders(e.g. – 2010 Mike O’Brien – free health care for athletes?) | * 2 times debate * Ministers must justify legislation * Bad to lose votes on bill * ALL MPs can pose questions on bills * Pressure groups also het a say through MPs(e.g. – Tom Brake S.O.S!) | * Committees can question legislation, finance and departments * Bring in outside speakers from organisations * No time limit on questions * MPs can develop specific knowledge to be on specific committees * E.g. – Defence Select Committee from 2010 – criticised Afghanistan war | * Deliberation: * Parliament can debate on vital issues * Make critical decisions affecting the future of the country
(e.g. – HoL: holding terrorists without trial) * Representation: * Parliament represents constituencies: bring up key issues from electorate – represent party and manifesto
(e.g. – 2006-2007 MPs showed dislike for plans to build casinos in their constituency) * Redress of grievances: * Varies from MP to MP – from their constituents * Private members legislation: * Present their own private legislation if they win from ballot * Nearly always blocked
(e.g. – David Steele’s Abortion Act of 1967 – legalised abortion for the first time) * Financial control: * One of the weakest functions but one of the oldest * Government need to gain taxes to carry out functions – need to be renewed every year * Do have PAC that focuses on spending – some reports can cause government policy changes
Evaluation of the domination of the legislature by executive government: Advantages of this: | Disadvantages of this: | * Government is rarely removed from office prematurely * Governments are generally able to carry out virtually all their manifesto | * Governments can become dictorial – legislation may not be properly scrutinised * Have been times where the government has lost the confidence of the public, but can still survive if the whips can maintain control |

Why is the government able to dominate parliament? * Party loyalty – ensures that MPs support legislation * Voting system – FPTP ensures an absolute majority in the House of Commons (e.g. – 2005: Labour’s 3% lead over Conservatives translated into a majority of more than 60 seats) * Party whips – keep party members in support of government policies (sanctions in place) * Prime Ministerial patronage – posts demand loyalty from aspiring MPs who want to be in ministerial office, so rarely defy the government * Threat of dissolution of Parliament – HOWEVER, fixed-term parliament has effectively removed this threat * House of Lords will nearly always have to bow to the authority of government – can only delay legislation

How effective is Parliament in controlling the executive? Does control executive power | Doesn’t control executive power | * Select committees can act independently and scrutinise departments effectivelyFor example: * Defence Select Committee from 2010 criticised war in Afghanistan and urged future governments to learn the lessons of Iraq, and in particular, plan for post-war peace, as well as the war itself | * HoL – lacks democratic legitimacy and some of the other weaknesses of the commons. The Lords will nearly always have to bow down to the authority of government and even through the Parliament Act of 1949, even if the Lords reject legislation up to 3 times, it can still become law if the commons pass it in the next session | * Parliament does ultimately have a veto on legislation and has used it in the past For example: * 2006 – HoC rejected government plans to increase the period of time that terrorist suspects could be imprisoned for without trial for up to 90 days | * Collective responsibility inhibits Parliaments’ ability to call government to account – must all take public responsibility for all policies of the government, even if they disagree privately or had nothing to do with the formulation of policy. If a minister disagrees with government policy they are expected to resign or face rapid dismissal. This restricts the flexibility of parliament to defy the government and control the executive powers | * Parliament can dismiss a government through a vote of no confidenceFor example: * 1979 Callaghan’s Labour government was dismissed through a vote of no confidence of the HoC | * Government usually has overall majority – means that it is very rare for government legislation not to go through and leaves a minority of opposition for which cannot control the executive effectively | * Under circumstances such as government majority or no majority, effectiveness of parliament may be increased | * Power of Prime minister patronage is strong – means that MPs have to remain loyal to their party if they aspire to hold a ministerial post in the future | * HoL has been effective in amending and delaying legislationFor example: * In 2000, the Lords rejected Clause 28 of the Education Act twice. It was eventually passed in the Local Government Act 2003 | * Party loyalty is strong and so will support legislation that the executive propose – it is rare for members to vote against their party | | * Whips have great influence and so rarely defy government in fear of sanctions |

Is parliament representative? YES | NO | * Elected – therefore received consent | * Not socially representative | * MPs contact external groups and constituents | * FPTP (plurality system), can result in tactical voting – not what the people truly want | * Involvement in committees allows MPs to make legislation fairly representative | * Party whips push MPs to vote in party lines, instead of the good for constituents | * Pressure groups can help representative nature of Parliament | * Wealthy/insider groups have more influence | * MPs can join pressure groups | * Small parties are under-represented |
Evaluation of Parliament: REPRESENTATION | CALLING GOVERNMENT TO ACCOUNT | * Each MP represents a constituency and its constituents * Free and fair elections | * Not socially representative * Party loyalty to the party line rather than national/group interests | * PMQs * Select committees are extremely active and independent – examine legislation closely and can be very critical | * PMQs have become a media sideshow with little relevance to real policy examination * Many MPs are reluctant to be critical of their own party | | | | | DELIBERATION | SCRUTINY | * HoL can extensively deliberate * HoL members have expertise and knowledge * Debates help to keep government accountable | * Little time to debate in HoC * Government controls most of timetable – possible to avoid and cut short debates which might embarrass it | * Departmental select committees have proved to be effective in scrutinising the government | * Don’t have to implement the amendments * Little time for scrutiny | LEGISLATING | CHECKING GOVERNMENT POWER | * Key role of the HoC is to make legislation legitimate through consent * HoC can block legislation which is against the public interest | * Procedures of Parliament in respect of passing legislation are ancient and considered to be inefficient and ritualised | * Consent to legislation * Can veto legislation * Can pass vote of no confidence | * Party loyalty and discipline means that many MPs are reluctant to challenge government * Government rarely loses a major vote in the commons |

Agencies supporting Parliament: * The Parliamentary ombudsman: * An extensive office staffed by experienced officials * Investigate complaints that are routed through MPs from constituents – where government departments are accused of not dealing fairly of thoroughly enough with a member of the public * Receive around 2,000 complaints a year * Where a claim is upheld, the ombudsman makes a report to a select committee that deals with their work – may order that compensatory action be taken by the department concerned * The Comptroller and auditor general: * Works directly for the PAC * Two functions: 1. Ensure government revenues are spent on parliament approved purposes 2. Checks the government accounts to check for careful and effective spenditure * Can summon ministers/civil servants if major criticisms are reported to PAC

* Audit Commission: * Investigates the operations of local government to check for effectiveness on basis of best value * Reports are used by central government to control the activities of local government and Parliament may use them to monitor quality of services at local level * National Audit Office: * Checks for efficiency, guards against wastefulness and ensures that services serve the public effectively * Looks especially at ‘front-line’ services, such as the NHS * Its reports are often highly critical and are used by government to improve its performance, and by select committees as a basis for their own investigations