Free Essay

To What Extent Does Parliament Effectively Control Government Power?

In: Other Topics

Submitted By eltomo96
Words 833
Pages 4
Government is, in theory, accountable to Parliament, however it is difficult for this to be the case when government makes up a large part of Parliament. So when examining how effective Parliament is at controlling the power of the executive, all of the below has to be considered.

The role of select committees and departmental select committees are very important in the control of government’s power. These committees scrutinize government policy, as well as raising public awareness of it, in great detail. The line of questioning is very different, and considerably more in depth, than if the queries were raised in the House of Commons; this is because evidence is gathered in advance and the committees demand answers with substance, opposed to filibustering or rhetoric. Evidence has shown that 40% of committee recommendations to government has then been applied to policy. However, it is not so much that the recommendations are a control of the executive, but the fear the committees induce in the government; the government knows that, if they make a policy that is not in the public’s interest, they will be exposed. That being said, in a legal sense, select committees have no control or power over government, which could be argued makes them ‘watchdogs without teeth’. The committees are also, in part, made up of MPs belonging to the governing party and may not want to scrutinize their party as it may be damaging to their career prospects.

The House of Lords cannot block government policy, however the upper chamber can delay it by one year, which means that, if government want to pass it, it has to be voted for again in the House of Commons. Of the 528 occasions the Lords defeated the House of Commons between 1997-2010 (this in itself shows the House of Lords to be a useful check on government) 40% of the policies were not re-debated the next year. Although this high number of government defeats over this time period may have been the result of the fact that, until recently, the Upper Chamber was dominated by the Conservatives and there was a Labour government. It is, though, a limitation of the House of Lords that it has not veto powers and is only able to delay the executive opposed to controlling it.

In our current government (a Conservative and Liberal Democrat coalition) it is difficult for the executive to dominate Parliament as there is no majority, this means that the governing party as to get MPs from their coalition partners or the opposition to also vote in favour of proposed legislation. This reduces the influence of the party whips as there has to be cross party consensus. This gives Parliament a great deal of control over government power as even a small group of MPs can prevent the will of the executive. This, though, is uncommon as government normally holds a large majority in Parliament (this is largely due to the electoral system used in the UK’s general elections). In fact the previous hung Parliament was in 1974. It becomes easy for the executive to dominate Parliament when it has a majority because there is a fusion of powers within it, when the government has a majority it makes up the majority of the Parliament, which can lead to what is effectively an elected dictatorship. An example of this would be Tony Blair’s Labour government, who had such a large mandate that they passed an unprecedented amount of constitutional reform (such as the Human Rights Act 1998, and the creation of a Scottish and Welsh assembly respectively) with relative ease.

The House of Commons can give a vote of ‘no confidence’ if there is a government that the Lower Chamber believes not to be fit for purpose, this happened to James Callaghan’s government in 1979 following ‘the winter of discontent’. It is rare, though, for this to happen as it requires a general election (should the vote of no confidence be successful) and MPs are often reluctant to risk their seats. Also, as there is often a majority held by government, it would require an MPs to vote their own party out (this is very unlikely). Callaghan’s government was one seat short of a majority (only because of the resignation of John Stonehouse) and, incidentally, the vote of no confidence passed by one vote. So this power held by Parliament to vote out government, should there be a majority, is unlikely to be an effectual check of executive power.

While Parliament has several procedures and some constitutional powers, Parliament’s effectiveness in controlling the power of the executive is dictated, not so much by the size of the majority, but by the presence of a majority itself to the extent that the executive could remove those safe guards completely. As the UK uses an electoral system which by its nature creates majority governments, Parliament, while offering in depth scrutiny, does little, if anything, to control the power of the executive.

Similar Documents

Premium Essay

As Politics Unit 2 Edexcel

...Parliament Source Questions (6/10) Specification a) Describe three functions of Parliament b) With reference to the source, and your own knowledge, explain why government needs an effective Parliament c) Analyse the main factors that limit the effectiveness of Parliament Jan 2010 a) With reference to source, what changes to the second chamber are proposed? b) With reference to the source, and your own knowledge, explain the arguments for a fully or partly elected chamber c) Make out a case against an elected second chamber Jan 2011 a) With reference to the source, describe two functions of the House of Commons b) With reference to the source, and your own knowledge, explain how the House of Commons can control the power of government c) To what extent is the House of Commons effective in carrying out its various functions? May 2011 a) With reference to the source, describe three proposals that seek to strengthen parliamentary representation by increasing popular participation b) With reference to the source, and your own knowledge, explain how three of these proposals seek to make government more accountable to Parliament c) To what extent will the coalition government’s proposals bring about an effective reform of Parliament? Jan 2012 a) With reference to the source, why are legislative committees needed? b) With reference to the source, and your own knowledge, explain the ways in which backbench MPs can call government to account c) To what extent has the...

Words: 1305 - Pages: 6

Free Essay

Unit 2

...only way of protecting individual rights and freedoms, the current quasi-entrenched HRA fails to do this, reflected in the conservative plans to replace it with a less powerful British bill of rights with will neither enjoy quasi-entrenchment nor a direct association with the ECHR. This shows how the government of the day can tamper with our rights in the absence of codification. * It may help prevent any further drift towards excessive executive power, codification will surely constrain possibly over-mighty governments who are easily able to alter to constitution. However, it may not necessarily be entrenchment de jure but possibly de facto, which would be unnecessary and fail to curb excessive executive power. * Codification will bring Britain into line with other modern democracies, the UK is one of three, including Israel and New Zealand to not have a codified constitution. However, we would be exchanging flexibility for rigidity, many people argue our organic constitution is a great advantage of our current system. To what extent have the coalition government’s proposals to reform the UK been controversial? * In 2011 the coalition introduced the fixed term parliament act as a result of the...

Words: 2374 - Pages: 10

Premium Essay

Parliament Doesn't Carry Out Its Functions Adequately

...'Parliament carries out none of its functions adequately.' Discuss (40 marks) In the UK, Parliament consists of the Monarchy, the House of Commons and the House of Lords. This has existed for centuries and has stood the test of time, in that it still exists. However a number of concerns have been raised about some of the functions and whether they function adequately enough (to a satisfactory or acceptable extent). Parliament currently carries out several functions and is the prime legislative body in the UK. It has many functions such as being representative, legitimising legislation, calling government to account as well as scrutinising and amending legislation. It is made up of representatives who are voted in order to represent the needs of their constituencies In the House of Commons. Government has to be drawn from Parliament as well as being accountable to it, accountability means that Parliament must justify its policies to Parliament as well as referring to representatives who are accountable for their electorates. Parliaments main function is not to obstruct and control the government as it will only do this if the government is seen to be abusing its power by not acting in the public’s interest. Predominately and most obviously parliaments “main function” is legislation and passing bills and in all fairness that’s what Parliament does, far more bills are efficiently passed through Parliament and become laws compared to the US who struggle to pass anything...

Words: 1074 - Pages: 5

Premium Essay

‘Assess the View That the Us Constitution Ensures Limited Government’

...influenced by the works of political theorists such as Montesquieu and Locke. The Founding Fathers favoured a government that prevented any individual or particular group becoming tyrannical. Furthermore, they strongly opposed the notion of excessive government power, seen as the potential threat to individual freedom, wanting to protect minorities as well as the population as a whole, from arbitrary or unjust rule. Consequently, the Founding Fathers outlined main provisions within the US constitution in order to avoid tyranny: the separation of powers, a federal structure of government and also providing citizens inalienable and entrenched rights through the implementation of the Bill of Rights. Arguably, these provisions as a result mostly ensure, as the Founding Fathers had hope to achieve, limited government, in so much as the size and scope of the federal government is limited to an extent in which it is necessary only for the common good of people. The separation of powers prevalent in the USA, whereby political power is distributed between the executive, the legislature and the judiciary branches of government, were adopted from the Founding Fathers by the principles of Montesquieu, who argued for a separation of powers into legislative, executive and judiciary branches in order to avoid tyranny. This framework of government implies not only the independence of government, therefore a separation of personnel (for example, both Hilary Clinton and Barack Obama had to give up...

Words: 2217 - Pages: 9

Premium Essay

Sources of Law

...• Judicial Precedent (Case Law). INTRODUCTION The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules and principles which constitute the law applicable in a country at a given time. In other words the materials from which rules of law are developed. KEY DEFINITIONS Bill: - a draft law or legislation Delegated legislation: - law made by parliament indirectly Ultra vires: - Latin term which means “beyond the powers” Common law: - a branch of the law of England which was developed from customs, usages and practices of the English people Stare decisis; - Latin term which means “the decision stands” Precedent: - An earlier decision of a court This chapter has shown its importance in the industry first by way of hierarchy of laws. It is this particular hierarchy that is used when there is a conflict of laws in courts. Cases like the S.M Otieno case can hold proof to this. The law making process described is also the same procedure used in parliament when making laws. SOURCES OF LAW The phrase source of law literally means where rules of law are found. However, the phrase has been used in a variety of senses. It has been used to describe; i. The origins of the rules and principles which constitute the law applicable in a country at a given time. ii. The source of force or validity of the various rules...

Words: 10311 - Pages: 42

Premium Essay

Law of the Republic of Trinidad and Tobago

...Association is an organisation founded to promote the and ethical thought and action, and devoted on the basis of common humanity. The nation of Trinidad and Tobago has for some time been in a state of political crisis, characterised by ethnic tensions and by an increasing lack of confidence, on the part of the population, in the institutions of State. Many people and groups see the prospect of a lessening of tensions, and the beginnings of a return to social harmony and economic progress, in Constitutional reform. In response to these pressures, the present government has appointed a commission to review the constitution, and the work of that commission is now open for public comment in a series of open meetings. Response to the official draft has been sporadic but largely negative. The best informed commentators have unanimously seen in it an increase in the power of the Executive, although excessive executive power without adequate checks and balances was said to be the major problem of the existing Constitution. Some human rights organisations have detected in it the beginning of sever erosion of fundamental rights. In addition, other groups, including one newly-formed national political party, have prepared their own drafts, and suggestions for reform of particular aspects have been bandied about for some years. All these proposals, however, are subject to the accusation of catering to the desires of particular groups. This is natural and not to be condemned. Politics...

Words: 10483 - Pages: 42

Premium Essay

To What Extent Has the Location of Sovereignty in the Uk Changed in the Recent Years

...To what extent has the location of sovereignty in the UK changed in the recent years? Sovereignty is essential and there is nothing you can do to challenge it or take it away. In the UK sovereignty lies within parliament; Sovereignty was placed formally to parliament after the Bill of Rights Act in 1688 when the monarch’s powers were removed. Ultimate power lies in parliament due to the fact that the electorate vote for the members of Parliament in free, fair and regular elections. There are two types of sovereignty that exist, legal and political. Legal sovereignty is the principle that one body has the authority and right to change any law in anyway it wants to, legal sovereignty in the UK has been said to lie in Westminster Parliament. Political sovereignty is where power effectively and actively is used and implemented, in other words who holds political power and who has can influence it. For example, political sovereignty lies with the electorate at election time, but at other times lies with Parliament when debating legislation and constitutional statues. People argue that the EU undermines Parliament sovereignty because national sovereignty of the British ts citizens is the ability of the UK to decide matters for itself. Membership of the EU has meant there has been a loss of national sovereignty. There are now a lot of EU institutions which are also in power with the UK political institutions and sometimes a number of areas which the EU has had an impact on the independent...

Words: 1148 - Pages: 5

Premium Essay

Governing the Uk: 3 Questions for Unit 2

...is the function of accountability. Accountability refers to several different activities, such as forcing government to explain its actions and accept criticism of such actions. This is apparent throughout each day relevant in the source, where it states that questions are posed to various different minsters, including the Prime Minister. It is an important function because it means the legislature can call government to account via such criticism, and can even involve removing a government from power. Another important function possessed by the House of Commons is the function of scrutiny. This involves close inspection of and, where necessary, amendments to any proposed legislation. This function is carried out by legislative committees from both the Commons and the Lords. It is an important function because it shows that the Commons is representing the various interests of society and ensuring unnecessary discrimination does not occur. b) With reference to the source and your own knowledge, explain how the House of Commons can control the power of government. (10) It is argued that the House of Commons can control the power of government. This is argued because of the ever-growing domination of the Commons over government and the increasing relevance and importance of the House. There are many ways that refer to the point that the Commons can control the government, such as debating which is apparent in the source in the form of the opposition motion presented by the...

Words: 1596 - Pages: 7

Free Essay

Politics

...GOVERNMENT AND POLITICS AS LEVEL UNIT TWO GOVERNING THE UK “Never, never, never give up” Winston S Churchill 1874-1965 1 GOVERNING THE UK 50% of AS [25% of A2] UNIT TWO SAMPLE QUESTION Answer one question from Section A and one question from Section B in 80 minutes. Spend 40 minutes on Section A and 40 minutes on Section B SECTION A QUESTION ONE PRIME MINISTERIAL POWER “For too long the big political decisions in this country have been made in the wrong place. They are not made around the Cabinet table where they should be, but they are taken on the sofa in Tony Blair’s office. No notes are kept and no one takes the blame when things go wrong. That arrogant style of government must come to an end. I will restore the proper process of government. I want to be Prime Minister of this country not a President (Source: David Cameron, The Times, 5th October 2006) “The Cabinet is the committee at the centre of the British political system. Every Thursday during Parliament, Secretaries of State from all departments as well as other ministers meet in the Cabinet Room in Downing Street to discuss the big issues of the day. The Prime Minister chairs the meeting, selects its members and also recommends their appointment as ministers to the monarch. The present Cabinet has 23 members (21 MPs and two peers). The secretary of the Cabinet is responsible for preparing records of its discussions and decisions”. (Source: From a modern textbook) (a) What...

Words: 68254 - Pages: 274

Premium Essay

Politicals Institutions in the United Kingdom and the United States of America

... Constitutional Monarchy and Parliamentary Democracy 3. The Electoral System and Political Parties in the UK 4. The Current Political Situation 5. Devolved Administration in the UK II. The United States of America 1. The Make-Up of the USA 2. The Federal and Constitutional Republic of the USA 3. Political Parties in the USA 4. The Current Political Situation in the USA I. The United Kingdom 1. The Make-Up of the UK The United Kingdom of Great Britain and Northern Ireland is a constitutional monarchy and unitary state. It is made up of four individual countries, which are England, Northern Ireland, Scotland and Wales. It is governed by a parliamentary system and its seat of government is in London. There are also three devolved powers outside of the capital, located in Belfast, Cardiff and Edinburgh (the three capital cities of Ireland, Wales and Scotland respectively). There are also a number of islands that are constitutionally tied to the United Kingdom constitution, but that are not part of the UK. They are the bailiwicks (headed by a bailiff, appointed by the crown to administer) of Jersey and Guernsey (to the south of the UK) and also the Isle of Man, which is off the north-east coast of the British mainland. However, it is true to say that the majority of British might even get confused as to the difference between the United Kingdom of Great Britain and the British Isles. In fact, it should be remembered that there is a difference between...

Words: 5493 - Pages: 22

Free Essay

To What Extent Can Spain Be Callled Federal When Compared with German Federalism?

...To what extent can Spain be called federal when compared with German federalism? This paper will serve to answer the question in the subject. It is important to bear in mind that this question will be answered via a comparison. Because of this comparison a certain structure is maintained during this paper. It will discuss the key points of the German political form first, where after the key points of Spain will be discussed. These two forms will be compared to each other, to expose to what extend Spain is a federal State. For the purpose of this paper, federalism entails that there needs to b e a form of political integration whereby the states, transfer sovereign powers to the federation. The federation then would control the actions from the states from a central government. Key-marks of federalism will be broad competence for the states, limited competences for the central government and entrenchment of divided power in the constitution. For this paper the distinction between co-ordinate federalism and co-operative federalism is made. In co-ordinate federalism each state is separate, has its own exclusive competences, its own administration, its own taxes and a minimal need for co-operation. Co-operative federalism on the other hand entails more collaboration between the states and the central government. Competences between states are mostly shared, the central government legislated and the states are to implement this legislation in most fields, the states are however...

Words: 2297 - Pages: 10

Premium Essay

Constitutional Law

...NONE, ONE OR SEVERAL? PERSPECTIVES ON THE UK’S CONSTITUTION(S) DAVID FELDMAN* An inaugural lecture is the occasion when the University of Cambridge can look its gift horse in the mouth, weighing the new professor in the balance against his or her distinguished predecessors. The Rouse Ball Professorship of English Law has been held in the past by a long series of distinguished scholars, from Sir Percy Winfield to my immediate predecessor, Sir Jack Beatson whom we are delighted to welcome back today. Their work has influenced generations of lawyers. They certainly influenced me. Before I encountered Criminal Law: The General Part,1 a great little volume by Professor Glanville Williams, Learning the Law, was my ‘Guide, Philosopher and Friend’ (as it still says on the cover of the latest edition, now edited by my colleague Professor Tony Smith)2 as I approached the study of law. Another Rouse Ball Professor, the late Sir William Wade, had a formative effect on my understanding of land law and administrative law both through his famous books, Megarry and Wade on the Law of Real Property (now edited by a former Fellow of Downing College, Dr. Charles Harpum)3 and Administrative Law (now in the hands of my colleague Dr. Christopher Forsyth),4 not to mention the lectures that I attended as an undergraduate in (softly be it said) the University of Oxford. Two wonderfully stimulating and enjoyable books by the Emeritus Rouse Ball Professor and * Rouse Ball Professor of English Law in...

Words: 10282 - Pages: 42

Premium Essay

Politics Exam Edinbrugh

...Northern Consortium United Kingdom – Politics Past paper questions for June exam < Module 1 > Section A 1a What are the differences between Public Bills Committees and Select Committees? [5] Public Bills Committee is part of legislative process, whereas Select Committee is part of scrutiny process. In the former committee, the bill is examined by line by line to ensure that its wording and language is clear to allow any amendments on the bill. In the latter committee, there are two departments – governmental and non-governmental. They examine government departments’ expeditures , policies and policies. There are between 16 to 50 members in the PBC who are selected by Committee of Selection whose 7 out 9 members are ships. On the other hand, there are 11 members in the SCs and to eliminate “the conflict of interest, all the members are backbench members who are elected using the Alternative vote system. 2a What are the main functions of Parliament and how well does it perform them? [5] < This question is a 20-mark question > 3a What are the differences between direct and representative democracy? [5] In direct democracy, people are directly involved in decision-making processes, whereas in representative democracy, people elect MPs who will represent and form a government in Parliament. For instance, some qualified members of Athenian society were involved in decision-making and a referendum is a limited form of direct democracy. Also general elections...

Words: 18470 - Pages: 74

Free Essay

Ridkw

...How has Coalition Government affected Party Politics in the U.K? The arrival of a coalition government formed between the Liberal Democrats and the Conservative Party in 2010 has affected UK party politics in various ways, the nature of which is looked into below. The governing of a country by a coalition of two political parties with differing political stances will involve negotiation between and some degree of compromise on behalf of the two parties. This is necessary in order to come to some form of agreement on key policies, such as those affecting the economy, unemployment, crime, environmental concerns, welfare, law and order and education, amongst other policy areas. The agreements reached are also, to a certain degree, in a balance of compliance with key political beliefs or philosophies of both the Conservatives and the Liberal Democrats in terms of their respective guiding principles on areas such as social justice, the appropriate degree of state intervention and the importance of equality and availability of opportunity within society. The rise to power of a coalition government has made Consensus politics a key feature of UK party politics, since the nature of a coalition involves broad agreement on most basic policies between the two major political parties forming the coalition; the Conservatives and the Liberal Democrats. The ability and will to negotiate and agree is of key importance if a coalition is to be able to govern effectively, in an organised...

Words: 2676 - Pages: 11

Free Essay

Gov and Pol

...which questions to do, the following principles are recommended: It is almost certain that you will be better off choosing your strongest question to do first. You should choose questions on the basis of how well you can answer the section (c) part. The (c) part carries 25 of the 40 marks available for the whole answer. Do not choose a question simply because you can do part (a) especially well. The (a) question is only worth 5 marks. It would be illogical to choose your strongest (a) part if you cannot do well on section (c). If you cannot decide between several (c) parts, i.e. you can do more than one equally well, make your choice on the basis of part (b) which carries 10 marks. But remember, it is the (c) parts that will determine most what your overall mark will be. So, when you first look at the exam paper, look at the (c) sections first. Assessment Objectives Each question is divided into three sections, as follows: carries 5 marks carries 10 marks carries 25 marks The way you answer questions should be determined by the way assessment objectives are distributed. Assessment objectives provide the basis upon which examiners award marks. You need to be familiar with them to maximise your marks. They will help direct your revision and with the answers to the questions. A full explanation of...

Words: 51996 - Pages: 208