UK parliament examples

Parliament Act 1949

Established the HOC of as the dominant chamber by limiting the Lord's delaying power to a year.

Dissolution and Calling of Parliament Act 2022

Parliament no longer has a role in deciding when elections are held, although elections must be held on the 5-year anniversary. The extent of powers cannot be questioned by the courts.

Scotland Act 2016

declared that the Scottish Parliament is a permanent feature of the constitution, element became codified.

Devolved powers

Scotland has the ability to provide free prescriptions.

COVID impact on devolution

Exacerbated divisions between parliament and devolved assemblies over managing a public health emergency, but they worked together under SAGE.

European Communities Act 1972

Parliament agreed to make itself subservient to EU law. Overturned 31st December 2020.

House of Lords reform 1998

Removed all by 92 hereditary peers, more diversity, less conservative dominated. Introduced life peers.

Local Government Act 2000

Introduced an elected mayor with executive powers including oversight over policing, transport and economic development. Bristol voted to replaced Mayor with committee system in 2022.

Freedom of Information Act 2000

Act giving the right of access to information held by public authorities such as schools & hospitals.

Opposition Days

Labour raised issues over Grenfell, NHS privatisation. Success: 2009 motion to allow Gurkhas to settle in the UK passed as 27 Labour MPs rebelled. Not forced to change policy but eventually did.

Public Bill Committee

George Monbiot (climate activist) vs DEFRA junior Minister Rebecca Pow during 2019-21 Environment Bill Committee

Select Committee - government nominees

Amanda Spielman 2016 - blocked from being head of Ofsted (only second time a committee blocked a nomination) for lacking passion.

Select Committee - hearing

Caroline Nokes was questioned by the Home Affairs Select Committee over a rodent infested home for mothers seeking sanctuary in the UK.

Lords Committee

Investigate specialist subjects. E.g. Constitution Committee revision of the Cabinet Manual by the Cabinet Office.

Parliamentary Debates

2013 Debate over Syrian airstrikes to deter away from the use of chemical weapons against civilians by the Syrian president - Cameron conceded to Parliament. However, he had a prerogative over foreign policy as 30 conservatives and 9 liberal democrats voted against the government. Context: many people did not want to be involved in the Iraq war.

Parliamentary questions

42% increase from 2017-2018, 50,000 written questions. However, punch and Judy politics as well as 'pasty questions'. e.g. Blair put down Major after months of Tory infighting 'I lead my party, he follows his'

2019 Prorogation of Parliament

SC denied the legitimacy of the decision, clarifying there was no concern over lawfulness but had issue with the scope and limit of the power. Ruled Ultra Vires - no sufficient power to prorogue as no reasonable justification. New act to stop this.

Smith vs Ministry of Defence 2013

Court conflict with govt due to direct threat to policy over security/war. Ruled that the government was responsible for soldier right to life - the MOD had to ensure equipment was a suitable standard.

Reilly vs Secretary of State for Work and Pensions

'Workfare' policy was unlawful as it forced people to work for a private company to receive unemployment benefit. Ultra vires - incompatible with article 4 (slavery).

Belmarsh cases 2004

Concerned the indefinite detention of foreign prisoners - declared unlawful.

May conflict with Courts

Courts prevented deportation of 177 prisoners due to their 'right to family' included Abu Qatada. However she later accepted the need for the government to be 'reviewed and constrained'

Article 50

Legal mechanism for a member state of the EU to leave.

Miller vs Secretary of State for Exiting the European Union 2017

The Government viewed triggering Article 50 as the royal prerogative over foreign affairs. However this was disputed, legal experts argued Parliament must consent to the triggering. Case ruled that an Act of Parliament was must be passed to give the government Parliament's permission.

The European Union (Notification of Withdrawal) Act 2017

triggered article 50

Constitutional Reform Act 2005

Act that enhanced judicial independence by establishing a Supreme Court, and reforming the appointments process and role of the Lord Chancellor

2020 local election turnout

33.4%

Brexit backbench rebellion

21 backbenchers who voted against hard Brexit had whip removed but allowed back in December 2019.

Parliamentary priviledge

The right of MPs or Lords to make certain statements within Parliament without being subject to outside influence, including law. E.g. 2018 Lord Hain named Sir Philip Green as the person behind an injunction banning the Daily Telegraph from publishing allegations of sexual and racial harassment that had been made about him.

Constitution provides weak protection of human rights

Conservative pledge to remove the human rights act and replace it with a British Bill of rights 2022 which would limit people's ability to seek reparations for human rights abuses.

no of bills passed in 2017-2019 by gov (compared to 15 PMBs)

41

Example of electorate's influence on constitutional change

Devolution Acts 1997/98 (Gave New Labour legitimacy)

Constitution allows human rights to be regularly updated and avoids outdated legislation

R V R 1991 which changed the law that Husbands could have consensual sex with their wives as this was an outdated law that viewed women as property.

Constitution puts the UK's core values and institutions at risk

While most citizens of the UK consider the NHS to be a crucial service to the UK, there is nothing in the constitution that prevents privatisation

Constitution is flexible and allows new laws to be brought about quickly and easily

Introduction of devolution in 1998 was due to rising nationalism in the devolved bodies

Constitution gives rise to an elective dictatorship

PMs can pass unpopular legislation. Tony Blair 2006 ID cards act.

Constitution allows for a strong executive

Historically, the UK have been able to make strong and decisive action—Thatcher's government from 1979-1990, privatisation and deregulation of the economy.

Reform to the house of lords has not gone far enough

92 Hereditary peers and 26 lord Spiritual, all peers are unelected

Reform to the house of lords has gone far enough

As of 2022, around one quarter of peers were cross benchers

Reform to the electoral systems have not gone far enough

FPTP still used to elect MPs to Westminster, not proportional representation

Reform to the electoral systems have gone far enough

Proportional representation used in devolved bodies, FPTP preserves strong governments such as Blair in 1997 with majority of 179

Devolution has not gone far enough

England has no form of devolution except metro mayors, ineffective

Devolution has gone far enough

Conflict with Scotland, Gender recognition bill 2020 blocked by Westminster

House of lords is unrepresentative

26% of peers are women and 6% are ethnic minorities as of 2022 - average age is 69

Must be a democratic deficit in order for the legislative process to function

The HoL acts of 1949 and 1911 would have to be repealed to give the second chamber more power if the house was more representative and democratic.

House of lords lacks legitimacy due to hereditary peers and lord’s spiritual

92 hereditary peers and 26 lord's spiritual

Would lose expertise

Lord Walton former president of The British Medical Association, can give informed expertise on health.

House of Lords independence is important for democracy

Around a quarter of Peers are cross benchers, meaning they are objective and non-partisan.

Elected house would increase accountability.

Despite allegations of sexual misconduct in 2018 Phillip Green is still a peer.

Northern Ireland – united parties

Good Friday agreement 1998 brought an end to over 30 years sectarian violence and created a power sharing agreement

Northern Ireland – parliament suspended

Stormont has not been sitting for 40% of the time it could have been in operation

Scotland – more representative of the people

More left-wing electorate, 25% GDP spent on social services + overwhelming SNP majority in Holyrood

Scotland – increased desire for independence post Brexit

The 2014 referendum has not solved the issue, SNP attempted to call another referendum in 2022 without the approval of Westminster

Wales – assembly has been a success

Only 25% of eligible voters voted to create a welsh assembly BUT voted for greater power in 2011

England – no devolved body

England possesses 83% of the electorate but has no devolution except metro mayors.

Government bills are rarely defeated.

Blair was not defeated in the commons until after the 2005 election, large majority of 179 allowed him to go 8 years without a defeat.

Government must maintain the support of their own backbenchers.

Backbench rebellion in 2019 where conservative backbenchers voted against Theresa May on the Brexit withdrawal agreement (118-strong), eventually led to the end of her premiership

Lack of time for scrutiny and specialism in party-whipped committees

Members of the defence and foreign affairs committee have been 93% male from 1979 to 2017
or
Democratic Audit found that at least 2 out of 5 members are "cannon fodder" attendees, purely there to vote along party lines
Or Only half of the 1% of accepted amendments are from the opposition, 84% are government changes.

Public bill committees allow evidence from outside experts and MPs.

Two thirds of all MPs on bill committees had some sort of expertise or relevant experience
Or
Margaret Hodge chair of the PAC (always a senior opposition figure) held Amazon, Starbucks, and google to account for the limited tax they pay.

The house of lords has limited power.

Commons accepted none of the proposals made by the Lords to amend the Rwanda Bill

In the house of lords there is more time for detailed scrutiny

Lord Walton was the former president of the British medical Association and is able to provide expertise on matters of health and represent experts in the medical field. Helped to scrutinise embryology bill.

Legislate and scrutinise - effective

2005, Backbench MPs defeated Blairs plans to extend the detention of Terrorist suspects to 90 day—first ever commons defeat (got the taste for near success of backbench rebellion in 2003 over Iraq).

Lords and commons legislate and scrutinise - not effective

Brown gov't (2007-2010) only defeated 3 times in the Commons.

House of Lords effectiveness restricted by 1949 parliament act meaning they can only delay legislation.

Represent - effective

Jess Philips, Labour MP for Birmingham Yardley in 2019 talking about how her constituency only had "one midwife"

Represent - not effective

Not representative of society as a whole, 430/650 MPs are men. Lords is even worse—6% from an ethnic minority background.

Maintain - effective

1979, Callaghan's gov't lost parliamentary confidence vote and had to hold an election, which was lost.

Maintain government - not effective

Government unlikely to lose a confidence vote in the commons, May after losing her Brexit withdrawal agreement vote still won her confidence vote 325 to 306.

Supreme court is limited by parliamentary sovereignty

UK supreme court decisions can be overridden by an act of parliament, not legally binding

Supreme court can check the power of the executive

Miller v. The PM 2019 prevented Johnson from proroguing parliament

Parliament can hold the executive to account and remove them from office

James Callaghan, 1979 lost vote of no confidence, triggered an election which Labour went on to lose

Backbench rebellions can be curbed by a powerful executive

Tony Blair backbench rebellion in 2003 over the Iraq War, absorbed it by meeting with MPs and creating an illusion of collaboration

Parliament can block executive legislative agenda

Johnson was defeated 12 teams during his 3 year premiership, post assuming May's government

Strong majorities and party whips mean that the executive can dominate the legislature

Tony Blair was never defeated in the commons from 1997-2005

PMs struggle to gain healthy majorities anymore

Coalition in 2010 and May's deal with the DUP to form a working majority

With strong leadership large majorities are still possible

Johnson still has 80 seat majority in 2019

Whips have become less effective

In 2019 the Conservative party removed the whip from 21 MPs who refused to comply with the government's position on the European Union Bill.

Blair’s gov’t it was easy to pass legislation

Unpopular 2006 ID cards act

PMQs are effective

2003 when Labour's Tony Blair was prime minister. Multiple MPs from all parties questioned him about his decision to go to war in Iraq which pressured him to defend the government's actions.

PMQs are ineffective

Prime minister Boris Johnson in March 2022 skirted all questions about his attendance at the downing street party, the scandal that became known as "party gate".

Select committees effective

Digital, culture, media and sport committee investigation into fake news.

Their 2018 report gained widespread media attraction and is credited for bringing about debate on the issue of "fake news".

Select committees ineffective

2018 when the Work and Pensions committee was made up of all conservative members except for two opposition MPs.

Legislative process effective way for backbenchers to hold executive accountable

Health and Social Care act of 2012" this bill came with changes that would significantly affect the NHS and how it functioned.

The bill came under heavy scrutiny however it was continually amended by MPs and select committees, until it gained Royal assent in 2018.

Legislative process not an effective way for backbenchers to hold executive accountable

October of 2022, when all conservatives were instructed to vote no to a ban on fracking, although nearly all opposition MPs voted yes, they were outvoted by the conservative members

Scrutiny is more effective due to crossbench peers

Currently there are 183 cross benchers and 37 non-party affiliated peers sitting in the House of Lords

Less opportunity to scrutinise

No ministers questions and the commons also have liaison committees to question and check the executive which the lords cannot do

Lords exert influence on the legislative process

EU withdrawal bill in 2018, the government lost 14 of the 16 decisions on amendments in the House of Lords.

Can only delay legislation for up to a year, fiscal bills for a month

The parliament act of 1949 prevents the lords from vetoing legislation, only being able to delay for a year.

Lords is effective at in representing areas of expertise outside of politics

Lord Walton was the former president of the British medical Association and is able to provide expertise on matters of health and represent experts in the medical field

Peers are unrepresentative and so unelected, so have little authority

As of December 2022, only 26% of peers were women and hereditary peers and lords spiritual still exist,

Power to delay legislation is too great

2015 proposed cuts to tax credit caused the bill to go back to parliament for further debate and scrutiny

Power to delay legislation is not too great

The parliament act of 1949 prevents the lords from vetoing legislation, only being able to delay for a year, seen when the Dubs amendment was overturned in the commons in January 2020

Committee authority too much power to the Lords

Delegated Powers and regulatory committee gives reports on whether appropriations of bills appropriately delegate legislative power amend whether bills give powers to ministers which cannot be effectively scrutinised by parliament in the future

Committee authority not too much power to the Lords

The 2010 Wright reforms allowed select committees more authority, with chairs now being elected by the commons

Scrutiny too much power Lords

There is time for more detailed discussion on issues since they are not forming legislation, ministers scheduled on a five week rotation.

Scrutiny not too much power Lords

Salisbury Convention 1945 and the Parliament Act

Has the power to block bills and hinder the legislative process thus forcing gov’t to amend bills/legislation

Lords opposed 2011 welfare reform bill; gov't eventually agreed to certain amendments in order for the bill to pass through the chamber

Lords only have power to block bills for up to a year

Hunting act 2004 introduced by Labour Party, lords tried to block and make amendments, but bill was pushed through with limited concessions thanks to 1949 parliament act

No singular party dominates the HoL

183 cross bench lords, 25 bishops, and 37 non-affiliated

MPs are elected so have a public mandate

Labour MP jess Philips, in HoC in 2017 about how her constituency in Birmingham only had one midwife as well as speaking up for survivors of domestic abuse

More effective ways of scrutinising gov’t than the HoC

2019 HoL economic affairs committee on social care funding promoted the government to reform the system and increase funding for the elderly

Committees and PMQs are used to scrutinise government- the Prime Minister does not appear before the Lords to be challenged

David Cameron challenging PM Gordon brown over expenses scandal in 2009, forced GB gov't to set up an inquiry into MP's expenses enquiry