Please enable JavaScript.

Coggle requires JavaScript to display documents.

63: THE BRITISH INSTITUTIONS, Local government, 3.1.2 The House of Lords,…

- - - - Legislative power is vested in 2 chambers of Parl - HoC & HoL, (+ in Scottish & Welsh parls & Northern Ireland Assembly)
        
        Judiciary = independent. Determines law & interprets Acts of Parl. Highest court = Supreme Court - created 2009.
        
        Branches are not entirely separate. Eg -monarch formally head of all
  - - - 2) Dev. of cabinet
        
        3) Gradual widening of franchise (1832, 1867, 1918, 1928)
        
        4) Subordination of HoL in legislative matters to HoCs.
        
        5) Growth of organized parties with distinctive policies & with central & local machinery
  - - - It’s an unwritten & uncodified constitution as not contained in a single legal document
        
        4 main sources:
        
        1) Legislation (eg 1918 Representation of the People Act)
        
        2) Conventions - no-one knows how many! Not written down = assumptions - repeated & now tradition. Eg - appointing PM! Convention: leader of biggest party - but not always case eg Lloyd George 1916-22.
        
        3) Treaties - eg when Britain joined EEC 1973 signed Treaty of Rome - est. that (in event of a clash) decisions made in European law supersede those made in parl
        
        4) Authoritative works - eg 2 imp. texts from 19C which provides & sets out principles.
        
        Of these, conventions are easiest to change (just don’t do it) & treaties are most difficult (need to be re-negotiated).
        
        But ALL are far more flexible than is the case with most constitutions.
    - - Largely developed out of historic English law. Founding document - generally considered to be Magna Carta (barons drew up & forced King John to sign in 1215)
        
        Other landmark bills inc:
        
        English Bill of Rights, passed after Glorious Revolution 1688-9
        
        Acts of Union 1707
        
        Base of this uncodified constitution = “Common Law” (GB does not have a “penal code” or a “civil code”)
        
        Common Law = fruit of centuries of jurisprudence that's based on historical principles of natural or moral law - what is agreed to be right & wrong.
        
        Common Law can change at any moment as it's determined by judges - ∴ it evolves slowly to reflect changes in society & social norms
- - - - Theoretically every act of state done in monarch's name, but they have no part in decision making
      - Important duties inc:
        
        Opening & dissolving Parl
        
        Giving royal assent to bills
        
        Appoint govt ministers & public figures
        
        International duties as head of state.
        
        Choice & appointment of PM. through exercising of the Royal Prerogative. Monarch meets departing PM & then new PM & invites them to form govt (Although in practice just a formality)
  - - - Critics
        
        2) Undemocratic, outdated, expensive (£86m sovereign grant - public funds), aristocratic privilege & establishment, links to slavery
        
        1) Don’t pay tax! Not even hereditary, or corporation/capital gains despite huge investment profile! BUT receive £1bn+ from estates + - only ppl who can seal their wills.
        
        3) Wield more power than is assumed - Elizabeth & Charles vetted over 1000 laws (before seen by MPS) through Queen's Consent & forced changes to some of them
- - - - 3 separate elements: sovereign, HoLs & HoCs
        
        Historic dev. of concept of parliamentary representation
        
        Parliament “parley”, = to discuss. 1st used 13thC for meetings of Henry III & his noblemen/churchmen from Great Council. King used his & noblemen’s money to pay for govt & war. When in need of more, he called representatives from counties & towns to ask them to approve ↑ taxes. From 14C, these local reps (knights, burgesses etc) started to meet separately.
        
        Over time: Great Council → HoLs, & reps from counties & towns → HoCs.
        
        Originally, king only needed support of his councillors to pass a law, but by end 15thC members of HoCs participating in the law- making process.
        
        Parl ↑ used ability to grant taxes as political leverage & thus ↑ their power. ↑ dramatically after GRev 1688-9 when Parl peacefully asserted rights over monarchy - became ultimate authority in passing laws & only Parl could declare war. 1689 Bill of Rights established a constitutional monarchy.
        
        1 more item...
        
        Meetings of Parliament
        
        Parliament = a period of government
        
        Lasts max 5 yrs & divided into shorter sessions lasting 1 year, beginning in Oct.
        
        Adjourns for holidays. Dissolution ordered by monarch (on advice of PM)
        
        PM chooses election date within the 5 yrs (this right was taken away in 2011 with Fixed Term Parliament Act but restored in 2022).
        
        Parliamentary procedure - How does a law get passed?
        
        Party system = essential to way Parl works. Party Conflict is built into every step - (eg design HoCs)
        
        1) Govt introduces Bill to Parl in 2nd reading - 1st op. for MPs to debate the principles of the Bill. Opposition can respond. Then - a vote
        
        2) If passed → Committee stage. Another debate between govt & opposition - this time scrutinising Bill & picking over wording, clauses etc - detail
        
        1 more item...
    - - Members = currently 650 MPs - 1 per constituency
      - Serve until next election (generally 5 yrs, unless through by-election)
      - MPs consider & propose new laws, participate in debates & votes to pass new legislation & scrutinise government policies by asking govt questions - either in HoCs (eg Question Time) or in Committees
      - Layout
        
        Small - 400 seats! Deliberate. Rows - opposite. Front vs back benches. Dispatch box. Stranger's gallery. Much P&C - eg until 2001 top hat to raise point of order!
        
        Speaker
        
        Chosen by MPs from amongst themselves. Presides over debates, sits on raised chair at top end of the table. Gets deciding vote in a tie. Job: to keep order. Currently Sir Lindsay Hoyle, took over from John Bercow in 2019
  - - - The Cabinet
        
        20 or so senior ministers chosen by PM to lead on specific policy areas eg ... + Chancellor
        
        Meets weekly in cabinet room in 10 Downing Street. There’s a Shadow Cabinet too.
        
        How does the Cabinet make decisions?
        
        Through collective responsibility - convention whereby individual members of govt are held accountable for actions & decisions of govt as a whole. 2 principles:
        
        1) Ministers can have free & frank discussions which remain confidential :.
        
        2) Once a position has been agreed all ministers expected to abide by it & vote with govt, or else resign
        
        PMs can take flexible approach eg overlooking media leaks but depends. Eg: Nov 2023 Sunak sacked Home Sec Braverman (unvetted article in Times - accused police of left wing bias & Palestine = marches = hate marches
        
        Collective responsibility can be suspended eg during 2016 EU referendum campaign
        
        Different views on effectiveness: Sometimes just rubber stamps decisions already made eg under Tony Blair - approach called “sofa government”, other times greater discussion & disagreement.
      - The Prime Minister
        
        Head of govt. Chairs Cabinet, selects its ministers. 10 Downing St.
        
        Not directly elected. Chosen by MPs - almost always leader of majority party but some exceptions eg David Lloyd George 1916-22.
        
        Unlike American Pres (who cannot be in Congress and Pres due to separation of powers), UK PM is a product of the fusion of powers of the exec & legislature.
        
        Duties
        
        Alongside chancellor PM in charge of tax-and-spending policy and responsible for all government policy & decisions.
        
        Has overall control of civil service.
        
        Theoretically has power to send armed forces into action however recent convention says Parl should also approve (eg Cameron backed down after losing vote on Syria military intervention)
        
        BUT cannot do what they want - need to retain confidence of most MPs eg to pass laws
        
        1 more item...
    - - Devolution = transfer of powers & funding from national → local govt. Ensures decisions are made closer to local ppl, communities & businesses they affect.
        
        It's a process. Began in 1997-8 & led to formation of parliaments in Scotland, Wales & N Ireland (Holyrood, Senedd & Stormont) & many powers being devolved to Edinburgh, Cardiff & Belfast.
        
        Different from federalism - federalism divides sovereignty between central institutions & states, but in a devolved state sovereignty remains at the centre.
        
        Powers devolved to ALL: health & social care, edu, local govt, social security, justice & policing (not Wales), sport & arts.
        EG - in pandemic - regions had full control over covid policy as falls under healthcare - devolved.
        
        Scotland: 129 Scottish MPs. SNP governed since 2007. Has some control over taxation
        
        Wales - 60 MPs in Senedd. Also responsible for Welsh lang.
        
        N Ireland - 90 MPs in Stormont. Under 1998 Good Friday agreement power shared equally between unionists & nationalists. Current 1st Minister from Sinn Fein - v significant.
        
        In ENGLAND - still one of most centralised states in Europe.
        
        London was 1st region (1998) to gain some devolved powers - directly elected mayor & London assembly. BUT no law making powers.
        
        BUT over last 20 yrs - many deals with other areas - led by Manc - but NOT all have devolved powers - resulted in a profound asymmetry in England - just 14 councils have directly elected mayor
        
        1 more item...
- - - - Until 1918 2 main parties = Cons (Tories) & Liberals (successors to the Whigs).
        
        After WW1 Labour took place of Liberals. 1981 Labour split -defecting MPs formed Social Democratic Party - merged with Liberals 1988 → Liberal Democrats
        
        Other small parties inc Green Party & now Reform UK & Workers Party of GB (1 MP each) + numerous regional parties eg Plaid Cymru, SNP (Official 3rd party status with43 MPs in Commons ∴ guaranteed speech at start of debate) & DUP (8 seats).
- - - - Select Committees v imp - members often experts in certain areas by virtue of previous careers, (more than in HoCs) so can conduct expert analysis of policy
        
        Has power to amend or even VETO Bill for 1 yr (though usually accepts predominance of Commons). Eg: 2005 vetoed Blair’s Bill to ban fox hunting….BUT - know the veto has to be used sparingly as otherwise could lead to abolition….
        
        Debate generally more civilised & respectful - many older & nothing to prove in careers
        
        It’s a self regulating chamber (opposed to HoCs) - so no constraints on how long debate can last & no restrictions as to who can speak.
- - - - 4) Parliament then prorogued for 1week
- - - - 4) 1958 - Life Peerage Act - creation of Life Peers (not heredity) for recognition of lifetime achievements.
        
        5) 1999 House of Lords Act - Blair abolished all but 92 hereditary peers (forced compromise).
- - - - Supporters: Allows govt to get things done. Hung parliaments & coalitions are less efficient.
        
        Critics: undemocratic, unfair as Smaller parties not allowed Whips, not allowed to speak until end of debates (except 3rd party-SNP) not usually allowed to chair committees or even have membership - SO have v little influence.