UK Government
The ways in which Parliament interacts with the Executive
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Backbenchers
Pros/Cons
Have significant role;
- can introduce Private Members' Bills which may become laws
- can carried out detailed scrutiny of gov't bills and policy- through working on public bill or select committees
- can give questions to gov't ministers during Question Time
- can examine gov't actions through debates in HOC
- can raise concerns of their constituents and bring them to gov't attention
- can use parliamentary privilege
Pros/ Cons
Don't have significant role;
- Private Member's Bills rarely become law, so most of backbencher's time is spent considering gov't bills
- Scrutiny- gov't whips limit role of their backbenchers, limiting independence
- When debating they have limited time to discuss an issue in detail
- Question Time is often weak and ineffective
Select Committees
Pros/Cons
- they scrutinise gov't policy- carry out inquiries, write reports, carry out questions and ask to see gov't papers
Have significant role;
Pros/Cons
Don't have significant role;
- the gov't has a majority on committees so can dominate them
- Whips control individual appointments to the committees- meaning loyal MPs can be placed on them
- Select Committees can criticise gov't policy but can't change it
Question Time
- PM must answer questions on subjects which they aren't aware of- must justify and explain their actions which holds them to account
- During PMQs, the opposition leader can ask supplementary questions- giving them more opportunity to scrutinise the PM
Has a role in scrutinising gov't;
Con
Can be argued to be ineffective;
- Questions are often not properly answered by PM/Ministers
- the boorish nature of PMQs damage reputation of Parliament and politicians in eyes of the public
- The PM and opposition leader try to embarrass each other and score cheap political points- rather than meaningful scrutiny
The opposition
- gives privileges at debates e.g., during PMQs the opposition leader can ask PM more questions
- On 'opposition days' opposition parties can choose subjects for debate, often use the day to criticise and scrutinise gov't policy and actions
Plays a significant role;
Pros/Cons
Don't have significant role;
- have no real ability to initiate legislation
- Gov't usually has overall majority- gives them dominance
- have a lack of resources relative to gov't
- opposition party is often in a position of weakness and may be divided, as they will have lost the election
Sources of UK Constitution
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Conventions:
- non-legal established rules of conduct and behavior
- Example= monarch granting Royal Assent to each bill passed by Parliament
Works of authority:
- works written by scholars seen as experts in constitution- outline what is 'correct'
- Example= The English Constitution (1867) Bagehot's
Common law:
- this is 'judge-made law' which are laws based on precedent and tradition.
- When deciding on legality of case, judges will use previous decisions on similar cases
- Example= powers contained in the Royal Prerogative
EU laws/treaties:
- UK is subject to European laws and will remain so until formally exiting the EU- which they left in 2020
Statue law:
- law made by Parliament, one of the most important sources of constitution, as statue law overrides other laws due to parliamentary sovereignty. Example= European Community Act of 1972
Principles
Rule of law:
- the second 'twin pillar' of UK constitution
- Principle that the law applies to everyone, even those in gov't
Parliamentary government:
- there is a fusion of powers between executive and legislature
- Parliament provides gov't in the members of gov't are drawn from Parliament
Parliamentary sovereignty:
- principle that absolute, supreme and unrestricted power lies with Parliament
- No codified constitution for judges to use to challenge it, statue laws outrank other laws- Parliament can't bind its successors
- Idea has been challenged though, due to the wider use of referendums. Parliament is restricted by practical considerations and outside interests
Constitutional monarchy:
- monarchy in UK has no real political power, but remains in place because it is long-established and traditional
- monarch sits 'above; the gov't, but is merely a figurehead
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Relationship between the executive and Parliament
- Lord Halisham coined the phrase 'elective dictatorship' in the 1970s. Only real check on gov't power is a general election every 5 years
- Even with small majorities, gov't are able to pass most of its legislation without amendments
- Major constitutional change has occurred without any opposition to it
- Example= introduction of fixed-term parliaments in 2011, and the devolving of more powers to devolved governments
Factors and arguments suggesting Parliament holds executive to account:
- Parliament can defeat gov't by voting against legislation
- Opposition to gov't policy may mean that a free vote is offered
- Increased willingness of the Lords to challenge gov't bills due to lack of single-party control and removal of most hereditary peers
- Select committees have increased in significance following decision to elect their chairs
- PM must appear twice a year before the Liaison Committee, which is made up of the chairs of select committees
- Debates can be held on issues. which can raise their profile or have an impact on executive action
- Opposition parties are allocated 20 days to discuss issues not set by gov't
Factors and arguments suggesting Executive still has ability to dominate Parliament:
- Defeats in Commons on gov't legislation is very rare- Tony Blair didn't lose a vote during first 8 years of his premiership
- Party discipline and influence of whips ensures the majority of gov't bills are passed without difficulty
- Gov't often has an extensive 'payroll vote' made up of ministers, junior ministers and parliamentary private secretaries
- Parliament Act allows gov't to push through legislation that has been blocked by the Lords
- A vote of confidence hasn't happened since 1979
- The gov't has extensive powers under secondary legislation, allowing them to change laws
PM and the Minister
power of PM and cabinet
Prime-ministerial government: an idea that recognises growing power of PM. Theory rose from development of political party, growing importance of party leader. PM is now at the centre and makes the major decisions and influences on all policy areas
- Cabinet provides advice and support to PM
Core executive model: the PM and cabinet exercise influence on policy but also use their contacts to exert influence e.g., key advisors, committee members.
- Who holds power depends on resources available and outside circumstances
-This theory recognises that PM power is constrained
Cabinet government: idea that power is collective and located in cabinet. Members run departments and are drawn from parliament, all ministers have equal say in policy, including PM. This is underpinned by collective responsibility and a sense of solidarity.
- The PM needs support of cabinet to survive
Presidentialism; idea that PM have in effect become presidents who act like head of state and government. PM's set their own personal policy agendas and claim a personal mandate following election success. The media focus on PM especially during election campaigns.
Can PM dominate their cabinet?
PM strengthened by:
- can promote loyal colleagues and supporters, making cabinet more likely to support them
- PM in effect controls the careers of ministers, which should ensure their loyalty
PM restrained by:
- Ministers must come from HOC or HOL, so there is a limited number of people to choose from and ministers will come from majority party
- must be a balance of interests and ideas, to avoid alienating sections of the party
- particular groups must be represented e.g., females
- may be better to have opponents in cabinet, so they are bound by collective responsibility
Cabinet management(strengthens PM):
- control how often and how long the cabinet meets for, and sets agenda
- control appointments to cabinet committees and chair most important ones
- number of cabinet meetings and duration has declined with recent PMs
- often meetings are just used for formal business, without meaningful debate
Cabinet management(restrains PM): - if PM isn't successful, the cabinet will not support them
- Cabinet resignations, especially senior one, can damage authority of PM
PM and cabinet office(give power to PM):
- gives PM more staff working for them, helping them control and oversee policy process
- use of special advisers has grown in recent years- are personally loyal to PM, rather than government or cabinet
PM's power restricted - the bodies and advisors available to PM are considerably less than those available to US President
Legislative process
Process of a bill becoming an Act of Parliament:
Committee stage: the bill is considered in detail by a public bill committee. Some bills may be considered by whole chamber. Amendments can be made at this stage.
Report stage: the committee reports its findings, and any amendments, to Commons, can amend or reverse any changes
Second reading: a full debate takes place considering the details of the bill, which can be defeated at this stage
Third reading: this is another full debate of the bill, but no amendments can be made. Usually bills will be passed at this stage
First reading: the bill is introduced to Parliament, with no debate or voting
The second chamber: once passed by Commons, the same process takes pace in HOL. Sometimes bills may start in Lords before going to Commons
Initial stage: 'Draft Bills' are issued for consultation before being formally introduced to Parliaments. Allows proposed changes and amendments to made before the Bill's formal introduction. The consultation process on these bills involve gov't issuing a paper for public considerations
Royal Assent: once passed by both chambers, the bill is given to the monarch to grant Royal Assent. Once this happens, the bill becomes law
How Commons and Lords interact during the passing of laws:
- Lords are able to propose amendments for consideration by Commons. Commons can adapt these amendments or reject them
- Lords can then argue against the rejection. This can start a process of 'ping-pong', where a bill goes back and forth between the two chambers
- The Lords will generally accept the bill eventually but can delay it by up to a year
- If there is a division, the Commons take priority, as it is democratically legitimate
- Exceptions are bills outlined in government's manifesto and money bills, which will not generally be delayed by the Lords
- An exception when Lords voted to delay proposed gov't cuts to tax credits in 2015
The Constitution
Constitution= a set of rules for governing a government- the purpose of a constitution is to prevent a gov't from becoming over-powerful
Types of Constitutions
- Codified: written down in one place, constitutional laws are entrenched- they have a higher status than other laws
- Uncodified: made up of several sources- some written, some not. Constitutional laws have same status as any other laws
-Entrenched: protected by a 'higher court', needing special procedures to amend it - Unentrenched: laws relating to constitution have same status as any other laws, can be amended easily
- Unitary: power is concentrated within a single body
- Federal: power shared between institutions
- Rigid: constitution relatively difficult to amend or change
- Flexible: constitution is quite easily amended/changed
Key Documents
Magna Carta, 1215: signed by King John, the 'Great Charter' was a series of written promises between the king nd his subjects. King agrees to govern England and deal with its people according to customs of feudal system.#
Bill of Rights, 1689: guaranteed further basic rights e.g., free elections, and laid out both rights of Parliament and limitations on power of Monarch. Includes no right to taxation without Parliament's agreement
Parliament Acts,1911,1949: removed HOL the power to veto a bill instead Lords could delay a bill up to 1 year. The Parliament Acts define the powers of the Lords in relation to public bills. The Lords can't amend money bills
Comparative Powers of Lords and Commons
Commons can be argued to be more powerful than Lords:
- Lords can only delay bills, and suggest amendments, which can be overturned by Commons
- Commons can actually vote down legislation, unlike Lords
- Commons has vote of no confidence option
- MPs are more independently-minded than in the past, so are less likely to toe the party line
- Commons is more democratically legitimate- they have more of a right to challenge gov't
- Committees and PMQs are used to scrutinise gov't- the PM doesn't appear before the Lords to be challenged
Lords can be argued to be more powerful:
- Party control is much weaker as Lords don't need to be re-elected, so gov't can't rely on own party peers backing them
- more political balance in the Lords- no one party dominates
- More expertise/specialist knowledge- bills are potentially more carefully and effectively scrutinised
- Peers are from a range of backgrounds, so represent different groups and interests in society
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