A level Edexcel Politics paper 2

First group of the constitution

✚ It establishes the distribution of power within the state.

✚ In so doing, it also establishes the relationships between the institutions that make up the state.

Second group functions of the constitution

✚ It establishes the limits of government power.

✚ It asserts the rights of the citizens and how these may be protected.

✚ It describes how the constitution itself can be amended — what the procedure is for such a process.

Magna Carta, 1215

An agreement between the nobles and the king. It established the principle of the rule of law, i.e. that government must operate within the law and the law should apply equally to all citizens.

Bill of Rights, 1689

An agreement between the king and Parliament. It established the idea of the sovereignty of Parliament over the king in matters of legislation.

Act of Settlement, 1701

Established the monarch's position as ruler of England, Scotland, Wales and Ireland. It also established that the rules of succession to the throne should be determined by Parliament.

Act of Union, 1707

Dissolved the Scottish Parliament and established the union of Great Britain and Ireland.

Parliament Acts, 1911 and 1949

Limited the power of the House of Lords to delaying legislation for one year and took away the house's power over financial matters

The UK Constitution is unentrenched

✚ Any part of the UK Constitution can be changed with a single act of Parliament.

✚ For example, the Human Rights Act could be scrapped or amended if Parliament passed a law to do so.

✚ The UK is unlike most other countries, which tend to have entrenched constitutions.

The UK Constitution is unentrenched also means

✚ A constitution that is entrenched is protected from short-term amendment.

✚ For example, the US Constitution requires a complicated procedure whereby three-quarters of the 50 states and two-thirds of both houses of Congress must agree to change the constitution.

✚ Uncodified constitutions are therefore easier to change. For better or worse, they are more flexible.

The UK has an uncodified constitution:

✚ The UK Constitution is not written down in one single document.

✚ It can be found in multiple places, including in statute law (acts of Parliament), conventions (unwritten rules that have the force of law) and historical texts (such as the Magna Carta).

The UK has an uncodified constitution also means

✚ The UK Constitution is therefore multi-sourced.

✚ The UK is unlike most other countries, which tend to have codified constitutions, such as the USA and France.

The UK has a unitary constitution:

✚ In the UK, ultimate political power rests in one geographical location — Westminster.

✚ All the important political institutions are located here, including Parliament, government departments and the UK Supreme Court.

✚ These institutions have power and authority over every other decisionmaking body, such as devolved parliaments and local councils.

The UK has also has unitary constitution:

✚ This point was confirmed by the UK Supreme Court in 2017 when it ruled that only the UK Parliament, and not the devolved bodies, could confirm or deny Britain's withdrawal from the EU. ✚ In having a unitary constitution the UK differs from other countries, such as the USA, which have federal constitutions.

✚ Under a federal constitution, the division of powers reserved to regional bodies is symmetrical — that is, they all have equal powers.

The 'twin pillars' metaphor describes

parliamentary sovereignty and the rule of law as the two fundamental, interdependent principles underpinning the UK's uncodified constitution.

Parliamentary Sovereignty (The Dominant Pillar)

Meaning: As defined by A.V. Dicey, Parliament is the supreme legal authority. It can make or unmake any law on any matter. No Parliament can bind its successors, and no other body (e.g., courts) can override or set aside an Act of Parliament.

Key Example: The European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972, re-asserting UK parliamentary sovereignty.

Significance: It establishes the ultimate source of political power in the UK, making Parliament (especially the elected Commons) democratically supreme.

The Rule of Law (The Limiting Pillar)

Meaning: Also from Dicey, it means everyone is equal under the law, including the government. Laws must be clear, prospective, and applied fairly by independent courts. Government actions require legal authority.

Key Example: The 2019 Supreme Court ruling (Miller/Cherry case) found Boris Johnson's prorogation of Parliament was unlawful, demonstrating that the executive is not above the law.

Significance: It acts as a check on arbitrary power, protects individual rights, and provides a framework within which parliamentary sovereignty operates.

The Tension & Interdependence of parliamentary sovereignty

Tension: Parliamentary sovereignty suggests Parliament is above the law (it makes the law). The rule of law suggests Parliament is under the law (it must act lawfully). This creates an unresolved tension.

Interdependence: In practice, they balance each other. Parliament should legislate in line with rule-of-law principles (e.g., the Human Rights Act 1998 incorporates ECHR rights, which courts use to scrutinise statutes). The courts uphold parliamentary statutes but interpret them through a rule-of-law lens.

Statute law

Laws passed by Parliament

Constitutional conventions

Unwritten rules which are considered to be binding on all members of the political community

Constitutional conventions examples

Salisbury Convention and collective cabinet responsibility

Authoritative works

The writings of constitutional experts that clarify the meaning of the Constitution

Authoritative works examples

A. V. Dicey's Law of the Constitution, 1885 Walter Bagehot's The English Constitution, 1867

Common law and tradition

Rules that have been passed down through various judgments in court cases

Foreign treaties and agreements

Agreements with external bodies that bind the UK in some way

Treaty example

European Convention on Human Rights with the Council of Europe

The purposes of constitutional reform for devolution were to address the following shortcomings:

✚ The political system needed to be more democratic.

✚ The political system was too centralised, with too much power in too few hands.

✚ Citizens' rights were inadequately protected.

✚ The political system needed to be modernised and brought into line with other modern democracies.

House of Lords reform

✚ All but 93 of the hereditary peers (those members of the House of Lords who could pass on their position to family members) were removed. The Act reduced the House of Lords' membership from 1,330 to 669 mainly life peers.

✚ Only life peers can now be appointed to the Lords.

✚ All Lords appointments are now made by an independent commission instead of the prime minister.

Devolution in the UK has the following features:

✚ It is the transfer of powers but not sovereignty to the three national regions of the UK.

✚ Originally the funding for devolved services came from a central government annual grant, but increasingly the devolved governments have gained independent control over taxes raised in their countries.

✚ The size of the devolution grants has been calculated using the 'Barnett formula', which takes account of the fact that the three countries have greater needs than England.

✚ It is asymmetric, meaning that the three regions have not been granted the same powers.

Devolution in the UK also has the following features:

✚ The devolved administrations each have an elected assembly (parliament in Scotland and Wales) and an executive, or government, which is drawn from the assembly.

✚ The method of election of the assemblies is not first-past-the-post but by forms of proportional representation.

✚ In general, devolution has been entrenched by referendums.

✚ The UK Parliament has the option of bringing back the powers to Westminster and has suspended devolved government in Northern Ireland several times.

Human Rights Act (HRA) 1998

This act brought the European Convention on Human Rights (ECHR) into UK law. It is binding on all bodies except the UK Parliament.

The creation of the UK Supreme Court

✚ The Constitutional Reform Act 2005 took the 12 most senior judges out of the House of Lords and created instead the UK Supreme Court, the highest court of appeal and legal interpretation in the country.

✚ It also guaranteed the independence of the judiciary, taking the appointment of judges out of political hands, and replaced the lord chancellor, a cabinet minister, as head of the judiciary by the lord chief justice, a senior judge.

First positive of UK SC

As a separate institution from Parliament, the UK Supreme Court enjoys greater independence and is willing to challenge the government, as demonstrated when the court prevented Boris Johnson from proroguing Parliament for political reasons in September 2019.

Second positive of UK SC

Senior judges are appointed by the Judicial Appointments Commission, reducing the possibility of political interference in the selection of judges and increasing the likelihood that the Supreme Court would act without bias by simply applying the law.

First negative of UK SC

The Supreme Court does not have much more power than the body it replaced. It can only interpret laws passed by Parliament, whereas courts in European countries and in the USA can strike down laws that are deemed unconstitutional.

Second negative of UK SC

The Supreme Court is only allowed as much power as it is given by Parliament, and the power it currently has can be taken away. The Conservatives pledged to review the extent of the Supreme Court's powers in their 2019 election manifesto, which may affect how well it can hold the government to account.

Third negative of UK SC

Some on the left accuse the court of having a conservative bias, owing to the justices' narrow social background.

Fourth negative of UK SC

Others on the right believe that the court has overstepped its bounds by entering the political arena. They point to the 2017 Miller case, which denied the government the ability to trigger Article 50, a mechanism notifying the EU of the UK's intention to leave, without first seeking approval from Parliament

Did Labour introduce electoral reform for Westminster? What electoral reforms DID they implement?

No change to Westminster elections (FPTP retained). Labour dropped the promised referendum on the Alternative Vote (AV).

Reforms were for new institutions:

Scotland & Wales: Additional Member System (AMS) for their devolved parliaments.

London Mayor & Assembly: Supplementary Vote (SV) for Mayor, AMS for Assembly.

European Parliament: Changed from FPTP to Closed Regional Party List.

N. Ireland: Single Transferable Vote (STV) used for its assembly.

Define devolution under New Labour. What were the key features of the Scottish and Welsh settlements?

Devolution: The statutory delegation of power from the central UK Parliament to sub-national bodies (not federalism - Parliament remains sovereign).

Scotland Act 1998: Created the Scottish Parliament with primary legislative powers over devolved matters (e.g., health, education). Had tax-varying power. A referendum confirmed public support.

Government of Wales Act 1998: Created the National Assembly for Wales with executive powers (secondary legislation only initially). A referendum was confirmed by a narrow margin.

What did the Human Rights Act (HRA) 1998 do? How did it change citizens' rights and the role of judges?

Incorporated the European Convention on Human Rights (ECHR) into UK statute law.

Key Sections:

S.3: Requires judges to interpret legislation "as far as possible" to be compatible with the ECHR.

S.4: Allows senior judges to issue a "declaration of incompatibility" if legislation breaches the ECHR. This does not strike down the law (Parliament remains sovereign).

When was the UK Supreme Court established and what did it replace? What were its key constitutional purposes?

The Constitutional Reform Act 2005 established the Supreme Court, which opened in 2009.

It replaced the Appellate Committee of the House of Lords and the role of the Lord Chancellor as head of the judiciary.

Key Purposes:

Strengthened Separation of Powers: Physically and institutionally separated the top court from the legislature (HoL).

Clarified Judicial Independence: Ended the anomalous role of the Lord Chancellor.

Enhanced Transparency: A visible, dedicated final court of appeal.

Fixed-term Parliaments Act 2011

✚ The dates of general elections were taken out of the control of the prime minister.

✚ Elections were to take place every 5 years.

✚ An early election can be called if approved by a two-thirds majority of the House of Commons, or if the government loses a vote of no confidence.

✚ Furthermore, a vote of no confidence in a government could not be tied to an ordinary piece of legislation but instead had to be dealt with as a separate motion in the House of Commons.

Wales further devolution

✚ The Wales Act 2014 gave the Welsh government limited powers to raise new forms of tax and to control the revenue from them.

✚ In 2015 the UK government allowed the Welsh Assembly to claim control over income tax revenue raised in Wales.

✚ The Wales Act 2017 allowed the Welsh Assembly to determine its own electoral system (though not for general elections).

✚ It allowed the Welsh Assembly to turn itself into a parliament, giving it limited law-making functions.

✚ Wales also gained increased power over public services.

What is the key contextual event driving constitutional reform since 2015?

The dominant context is the 2014 Scottish Independence Referendum.

The result was 55% 'No' to independence, but the pro-union campaign promised "extensive new powers" to discourage a 'Yes' vote.

This led to the major reform: the Scotland Act 2016. Subsequent reforms have often been reactive to constitutional pressures.

The Scotland Act 2016 (Main Reform)

Main Provisions (The 'Vow' Delivered):

Permanent Recognition: Legally recognised the Scottish Parliament and Government as permanent institutions (repeal requires a referendum).

Fiscal Framework: Granted significant tax-raising powers, including control over income tax rates and bands.

Welfare Powers: Devolved some welfare powers, e.g., disability benefits and new benefits in devolved areas.

Control over Elections: Gave Holyrood power over its own electoral system (e.g., extending franchise to 16- and 17-year-olds).

Apart from Scottish devolution, list three other major constitutional reforms since 2015.

Wales Act 2017: Followed the 'Silk Commission'. Moved Wales from a conferred powers model (you can only do what Westminster says) to a reserved powers model (you can do anything unless Westminster reserves it), aligning with Scotland. Granted some tax-varying powers.

Dissolution and Calling of Parliament Act 2022: Repealed the Fixed-term Parliaments Act 2011. Restored the Prime Minister's power to request a dissolution from the Monarch, returning to a convention-based system.

Internal Market Act 2020: A post-Brexit law to regulate trade within the UK. It gave Westminster powers in devolved areas (e.g., setting standards), seen by Scotland/Wales as a power grab undermining devolution.

What is the Sewel Convention and why has its status been a major point of tension since 2016?

The Sewel Convention states that Westminster "will not normally" legislate on devolved matters without the consent of the devolved legislature (via a Legislative Consent Motion - LCM).

Post-2015 Tensions:

The Scotland Act 2016 recognised the convention in statute but did not entrench it.

The UK Internal Market Act 2020 and the EU (Withdrawal) Act 2018 were passed without the consent of the Scottish Parliament, breaching the convention.

Arguments for establishing an English Parliament

England is the only nation in the UK not to have its own parliament, which has created resentment.

It could sit outside of London, reducing that city's political dominance and potentially reducing the North-South divide.

More arguments for establishing an English Parliament

An English Parliament would permanently resolve the West Lothian question. It would clarify what is meant by 'English-only' issues and leave the Westminster Parliament free to focus on truly national issues. The EVEL measure, introduced in 2015, did not go far enough, as non-English MPs can still vote on English-only matters.

It can be argued that English identity and culture has been under threat from immigration and multiculturalism. An English Parliament would promote and preserve this.

Arguments against establishing an English Parliament

If every nation in the UK had its own parliament, it would raise the question of what the UK Parliament is for.

It would not give any more autonomy to the different regions in the UK. The people of Cornwall are likely to feel as distant from an English Parliament in, say, Nottingham as they are from the UK Parliament in Westminster.

More arguments against establishing an English Parliament

The West Lothian question or English question has already been addressed by EVEL in 2015, which strikes the right balance between acknowledging that English MPs should have a greater say on matters relating to England and accepting that all laws passed in England have a considerable knock-on effect for the rest of the UK.

Well under 20% of the public support the creation of an English Parliament, according to the latest opinion polls. Polls also suggest that most English voters say they wish to be governed from the Westminster Parliament..

What is devolution? How does it differ from federalism and why is it significant for the UK constitution?

Devolution: The statutory delegation of power from the UK Parliament in Westminster to sub-national bodies. Power is lent, not surrendered.

Key Difference from Federalism: In a federal system (e.g., USA), powers of states are entrenched and protected by a constitution. In UK devolution, Westminster retains parliamentary sovereignty and can, in theory, amend or revoke devolved powers.

Significance: Transformed the UK from a unitary to a decentralised union state, creating asymmetric governance and major political institutions outside Westminster.

Outline the powers, funding, and electoral system of the Scottish Parliament. What is its political impact?

Powers (Scotland Act 1998/2016): Devolved matters include health, education, justice, policing, environment, and income tax (varying powers). Reserved matters (to Westminster) include defence, foreign policy, immigration, and macroeconomic policy. A reserved powers model.

Funding: Block grant from UK Treasury (via Barnett Formula), plus own tax revenue and limited borrowing powers.

Electoral System: Additional Member System (AMS) - 73 constituency MSPs (FPTP) + 56 regional MSPs (list). Produces proportional outcomes, often leading to minority/coalition governments (e.g., SNP-Green cooperation).

Impact: High electoral turnout, policy divergence (e.g., free tuition, NHS prescriptions), and a platform for the Scottish independence movement.

Outline the evolution of powers, funding, and electoral system of the Welsh Senedd (Parliament). How does its model differ from Scotland's?

Powers (Govt. of Wales Acts 1998, 2006, 2017): Moved from an initial conferred powers model (could only do what Westminster specifically allowed) to a reserved powers model (like Scotland) in 2017. Key devolved areas: health, education, local government. More limited tax powers than Scotland (e.g., can set income tax rate from 2022).

Funding: Primarily a block grant (Barnett Formula), with some minor tax powers.

Electoral System: Additional Member System (AMS), promoting proportionality.

Impact: Creates policy divergence (e.g., opted for an NHS-focused COVID recovery, free prescriptions). Reflects growing Welsh political identity but with less prominent separatist pressure than Scotland.

Describe the unique power-sharing system in Northern Ireland. What are its powers, and what is the main challenge to its operation?

Power-Sharing (1998 Good Friday/Belfast Agreement): Designed to ensure Unionist and Nationalist communities share power. The Executive must include both sides.

Key Mechanism (d'Hondt method): Ministerial posts are allocated to parties in proportion to their Assembly seats, mandating coalition.

Powers: Devolved matters include policing, justice, education, and agriculture. Reserved & Excepted matters (like security policy) can be transferred or remain at Westminster.

Electoral System: Single Transferable Vote (STV) - highly proportional.

Main Challenge: The Assembly/Executive has been suspended multiple times (e.g., 2017-2020, 2022-2024) due to breakdowns in trust between communities (e.g., over the Northern Ireland Protocol). This leads to direct rule from Westminster.

What is meant by the "English Question"? What are the main models of devolution within England?

The English Question: The issue that Scottish/Welsh/NI MPs at Westminster can vote on English laws (e.g., health, education), but English MPs have no say on those devolved matters. This is the West Lothian Question.

Attempted Solutions:

English Votes for English Laws (EVEL) 2015-2021: A parliamentary procedure giving English MPs a veto on English-only laws. It was abolished in 2021 due to complexity and claims it created "second-class" MPs.

Regional & City Devolution: The main model. Metro Mayors (e.g., Greater Manchester, West Midlands) with powers over transport, housing, and skills. Elected via Supplementary Vote (SV).

Impact of devolution on UK constitution

Constitutional Impact:

Moved from Unitary to Quasi-Federal: Power is dispersed, but sovereignty remains at Westminster—a major tension.

Asymmetry: Different settlements for each nation create complexity and perceived unfairness.

Strain on Parliamentary Sovereignty: Conventions like Sewel (legislative consent) are tested (e.g., Internal Market Act 2020).

Impact of devolution on UK politics

Policy Divergence: A "postcode lottery" in services (e.g., tuition fees, NHS drug funding).

Party Politics: Gave nationalist parties (SNP, Plaid Cymru) a platform and power. Changed dynamics of UK-wide parties.

Centrifugal/Centripetal Forces: Strengthened national identities but also provided an alternative to independence (a "safety valve").

What are the current ongoing debates due to UK devolution?

Funding: Fairness of the Barnett Formula.

The Union: Has devolution saved or undermined the Union? (See Scottish independence debates).

What are the three key areas of debate regarding further constitutional reform in the UK?

The extent to which reforms since 1997 (e.g., devolution, Human Rights Act) should be taken further.

The extent to which devolution should be extended within England (e.g., English devolution, English votes for English laws).

Whether the UK should adopt an entrenched and codified constitution, including a new bill of rights.

What are arguments FOR taking devolution further since 1997?

Democratic Demand: To address the "West Lothian Question" and perceived imbalances. Supports further English devolution or federalism.

Deepening Devolution: Calls for more powers for existing bodies (e.g., tax-varying powers for Scotland, policing and justice for Wales).

Subsidiarity: Decision-making should be at the most appropriate/local level, suggesting more regional mayors or assemblies in England.

What are the arguments for and against replacing the Human Rights Act (1997) with a British Bill of Rights?

For Replacement: To assert parliamentary sovereignty over the European Court of Human Rights, to make rights more "British", and to balance rights with responsibilities.

Against Replacement: The HRA works well and protects citizens. Changing it could weaken rights protections and create legal uncertainty.

What are the debates on further reforming the House of Lords since 1999?

For an Elected Chamber: Would increase democratic legitimacy and accountability.

For Appointed Experts: Current system allows for independent expertise and scrutiny without party domination.

Status Quo: Fear an elected chamber would challenge the supremacy of the Commons and create gridlock.

What was 'English Votes for English Laws' (EVEL) and why was it controversial?

What it was: A parliamentary procedure (2015-2021) giving English (or English and Welsh) MPs a veto on laws only affecting England.

Arguments For: Corrected the democratic deficit where Scottish MPs could vote on English matters but not vice versa.

Arguments Against: Complicated parliamentary procedure, created two classes of MP, and was abolished in 2021 as ineffective.

How has devolution been extended within England since 1997?

Through the creation of elected mayors with powers over transport, planning, and economic development for combined authority regions (e.g., Mayor of Greater Manchester, West Midlands). Debates centre on whether to extend this model to more regions and whether to give these mayors more fiscal powers.

What are the key arguments FOR a codified and entrenched UK constitution?

Clarity & Accessibility: A single document would make rights and rules clear to citizens.

Effective Limits on Government: Would prevent arbitrary power (e.g., through "Henry VIII clauses") and better protect individual rights.

Modern Necessity: The current uncodified system is outdated and has been weakened by events like the Brexit process.

Higher Law: Entrenchment would protect the constitution from short-term political change.

What are the key arguments AGAINST a codified and entrenched UK constitution?

Flexibility: The uncodified system allows for pragmatic adaptation (e.g., rapid response in a national crisis).

Parliamentary Sovereignty: A codified constitution would undermine this fundamental principle, transferring power to judges (creating a "legal constitution").

Historical Success: The current system has provided stability and effective government for centuries.

Pragmatism: It works, and the process of codification would be highly contentious and politically divisive.

Why is the concept of entrenchment fundamentally at odds with the UK principle of parliamentary sovereignty?

Parliamentary sovereignty means no parliament can bind its successors. An entrenched codified constitution (requiring a special procedure to amend) would fundamentally limit this sovereignty, as future parliaments could not change constitutional laws easily. This would represent a decisive shift from a political to a legal constitution.

What is a proposed 'British Bill of Rights' ?

A proposed piece of constitutional legislation intended to replace the Human Rights Act (1998). It is a key reform advocated by some Conservatives.

In relation to the 'British Bill of Rights' what are the key debates surrounding it?

FOR: Would assert parliamentary sovereignty over the European Court of Human Rights (ECtHR), making the UK Supreme Court the ultimate authority. Aims to make rights more "British" and balance individual rights with responsibilities and public safety.

AGAINST: The Human Rights Act already protects citizens effectively. Replacing it could weaken rights protections, create legal confusion, and damage the UK's international human rights standing. Opponents (like Labour and the Lib Dems) see it as an unnecessary and politically motivated change.

The structure of the House of Commons is as follows:

✚ 650 Members of Parliament.

✚ Frontbench MPs — government ministers, senior and junior, plus leading spokespersons from opposition parties (about 150).

✚ Backbench MPs — all those MPs who are not frontbenchers (about 500).

✚ Select committees — permanent committees of backbench MPs, elected by all the MPs. Their main role is to scrutinise the work of government departments.

✚ Legislative committees (also called public bill committees) — temporary committees that scrutinise proposed legislation and propose amendments to improve the legislation. They mostly have 20-40 members who are chosen by party whips.

✚ Party whips — senior MPs who seek to persuade backbenchers in their own party to vote the way the party leadership wants them to, ensuring party unity.

✚ The Speaker — presides over disputes in the House of Commons and takes decisions on parliamentary procedure.

First type of peers:

✚ Hereditary peers have inherited the title from their father and in most cases the title passes on to their sons (just a handful of hereditary peerages are passed through the female line). Out of the several thousand hereditary peers who live in the UK, only 92 are allowed to sit in the House of Lords. ✚ Life peers are appointed for life by party leaders and an Appointments Commission. They do not pass on their title to their children. These peers are a mixture of former politicians and experts in various fields. Most peers have allegiance to a political party.

Second type of peers:

✚ While most peers (both life and hereditary) have a party allegiance, some have no party affiliation and are fully independent. These peers are called crossbench MPs.

✚ In addition to life and hereditary peers, archbishops and bishops of the Church of England are also members of the House of Lords. There are 26 of these. No other religions have automatic representation.

✚ The Lord Speaker presides over debates in the House and maintains discipline.

Main functions of the House of Commons

Legislation - Mainly passes government bills; dominant in law-making due to elected mandate and Parliament Acts 1911 & 1949.

Scrutiny - Holds government accountable via PMQs, select committees (e.g. Liaison Committee), debates, and opposition days.

Representation - MPs represent constituents' interests (constituency surgeries, voting in line with local concerns).

Financial control - Sole authority to approve taxation and public spending (supply bills).

Ministerial responsibility - Ministers are drawn from and accountable to the Commons.

Main functions of the House of Lords:

Legislative revision - Revises and improves bills (e.g., amending legislation in detail).

Expert scrutiny - Uses expertise of peers (life peers with specialist knowledge) to scrutinise policy.

Delaying power - Can delay non-financial bills for up to one year (Parliament Act).

Debating public issues - Provides a forum for in-depth debate on controversial topics (e.g., Brexit, human rights).

Commons strengths:

Effective at passing manifesto-backed legislation (majority government ensures legislative efficiency).

Strong financial control - only Commons can authorise budgets.

Select committees increasingly respected (e.g., scrutiny of executive during Covid-19).

Commons weaknesses:

Executive dominance reduces backbench MPs' influence (e.g., use of whips, Salisbury Convention for Lords).

Limited scrutiny time due to packed legislative timetable.

FPTP can undermine representative function (e.g., safe seats, lack of proportional representation).

Lords strengths:

High-quality revision of legislation (e.g., defeats on Brexit bills led to government concessions).

Less partisan, more detailed scrutiny (no constituency duties, crossbenchers).

Can delay controversial laws, forcing government rethink (e.g., Tax Credits cuts 2015).

Lords weaknesses:

Limited democratic legitimacy (unelected) restricts power; conventions like "financial privilege" limit influence.

Cannot block legislation indefinitely; Commons can override using Parliament Acts.

Government can pack Lords with peers (e.g., large appointments to secure majority).

The House of Commons has the exclusive power to:

✚ approve or reject proposed legislation

✚ dismiss a government through a vote of no confidence

✚ order ministers to answer questions on the floor of the house, in a select committee or in writing

✚ amend legislation

✚ order debates on important national issues or in a crisis or emergency

The House of Lords has the power to:

✚ delay the passage of legislation for up to a year

✚ amend legislation, although such amendments may be overturned in the House of Commons

✚ order a government minister (if the minister is a member of the House of Lords rather than the House of Commons) to answer questions on government policies and decisions

✚ debate issues of great national concern

Since the House of Lords is unelected, three main limits have been placed on its power:

✚ The Parliament Act 1911 banned the Lords from having legislative control over financial matters. This ban confirmed the elected Commons' 'financial privilege'.

✚ The Parliament Act 1949 stipulated that the Lords can only delay the passage of legislation for one year.

✚ The Salisbury Convention, dating back to the 1940s, means that the Lords cannot obstruct any proposed legislation that was contained in the governing party's last election manifesto.

Arguments for Commons supremacy (Salisbury Doctrine / Constitutional Theory):

Democratic Mandate: Commons has electoral legitimacy; Lords is unelected. The Salisbury Convention (1945) dictates Lords should not block manifesto bills from an elected government.

Financial Privilege: Only the Commons can initiate and approve money bills (Parliament Acts 1911 & 1949). Lords can only delay them for one month.

Parliament Acts: Ultimate statutory power rests with Commons; can bypass Lords' veto after one year (e.g., Hunting Act 2004).

Ministerial Responsibility: Government is accountable to Commons. PM and most ministers are MPs. Lords cannot force resignation via confidence votes.

Secondary Legislative Power: Statutory Instruments (delegated legislation) are rarely rejected by Lords (e.g., only 1-2% are even debated).

Arguments for significant Lords influence (Political Practice / Scrutiny Power):

Effective Revision & Delay: Lords regularly amends bills (e.g., 2017-19: over 500 defeats for May government). Delay can force policy concessions (e.g., Tax Credits cuts 2015).

Expertise & Less Partisanship: Crossbenchers and life peers provide specialist scrutiny. Commons is often dominated by party whips.

Constitutional Guardian Role: Lords acts as a brake on "elective dictatorship," especially on constitutional matters (e.g., requiring a referendum for EU treaty changes under the 2011 Act).

Public Inquiries & Debates: Lords can debate controversial topics without electoral pressure, raising media/profile (e.g., debates on assisted dying).

Coalition/Weak Government Context: Lords power increases when Commons majority is small (e.g., 2017-2019) and Salisbury Convention is less clear (e.g., coalition manifestos).

First reading

MPs are informed about the bill or proposed legislation

Second reading

The main debate on the bill is held, which is followed by a vote.

Committee stage

If the Commons votes in favour of the bill at the second reading, a public bill committee is formed to consider it line by line. This committee may propose amendments.

Report stage

The bill is debated again, with all the passed amendments included.

Third reading

There is a final debate and a last opportunity to block the legislation

Passage to 'the other place' (House of Lords)

Most bills are first presented in the House of Commons, so they next pass to the House of Lords (though it can be the other way round). The procedures for passing the bill are roughly the same in the House of Lords.

Royal assent

The monarch signs the bill into the law, which signifies the formal passage of the bill into the law. It is now an Act of Parliament

Legislative Process Interaction:

Ping-pong: Bills can pass between Commons and Lords until agreement is reached.

Amendments: Lords can propose amendments, but Commons can overturn them. Under the Parliament Acts 1911 & 1949, Commons can bypass Lords' veto after a delay (one year for most bills, one month for Money Bills).

Government Agenda: Lords usually defers to elected Commons on manifesto commitments.

Salisbury Convention:

Origin: Established post-1945 to manage Labour government reforms.

Rule: House of Lords should not block 2nd or 3rd reading of any government bill that fulfills a manifesto commitment.

Reason: Respects democratic mandate of elected government.

Impact: Lords may still propose amendments but ultimately passes manifesto bills.

Backbench MPs have the following functions:

✚ They can initiate legislation through private members' bills. These are not bills that have the backing of the government but are instead introduced by individual backbench MPs. ✚ They represent the interests of their constituents. ✚ They can threaten a backbench rebellion by voting against the wishes of their party leadership

Backbench MPs also have the following functions:

✚ They can scrutinise government policy and decisions. ✚ They can take positions of leadership in the House of Commons by becoming select committee chairs. ✚ They can ask parliamentary questions and take part in debates.

House of Commons bb significance

Scrutiny: Hold the government to account via PMQs, select committees (e.g., Backbench 1922 Committee in Conservative Party influences leadership), and debates.

Legislation: Introduce Private Members' Bills (e.g., PMB on abortion law reform), and amend government bills in committee stages.

Representation: Represent constituency interests, raising local issues in debates or via EDMs.

Influence: Can rebel against party whips on key votes (e.g., Tory backbench rebellies over EU issues 2010-2019), potentially altering legislation or threatening government authority.

House of Lords bb significance

Expert Scrutiny: Many are life peers with expertise (e.g., scientists, former civil servants) who provide detailed revision of legislation.

Delaying Power: Can delay non-financial bills for up to one year, forcing the Commons to rethink (e.g., revisions to the Welfare Reform Act 2012).

Independent Voice: As mostly unelected and less bound by party discipline, they often provide less partisan scrutiny.

Parliamentary Privilege

Legal immunity enabling MPs/Lords to perform duties without fear of external interference (e.g., free speech in chamber protected by Article 9, Bill of Rights 1689).

Importance of parliamentary privilege

Enables Effective Scrutiny: Allows backbenchers to expose wrongdoing (e.g., using privilege to name individuals in scandals like the 2011 phone-hacking scandal) without fear of libel suits.

Protects Parliamentary Sovereignty: Ensures Parliament is the supreme legal authority, free from control by the judiciary or executive over its proceedings.

Safeguards Representation: Empowers backbenchers to raise sensitive constituency issues (e.g., alleged local corruption) freely.

Limits of parliamentary privilege

Criticism/Limits: Can be seen as an outdated privilege; potential for abuse (e.g., making unfounded allegations). However, it remains a foundational pillar for backbencher independence and effective parliamentary democracy.