Parliament

Representative democracy

electing people who will represent and make decisions on people's behalf

indicative representation

(look like the subject)

responsive representation

(preferences and interests of people expressed)

What do Lady Hale and Lord Reed in the Miller II case say about representation?

We live in a representative democracy. The House of Commons exists because the people have elected its members

parliamentary scrutiny

the House of commons and Lords closely examining government policies, actions and spending

Lady Hale in Miller v PM [2019]

'[The] constitutional principle […] of Parliamentary Accountability is described by Lord Carnwath in his judgement in the first Miller Case as no less fundamental to our constitution than Parliamentary sovereignty.'

Act of Settlement 1701

legislation passed by parliament that establishes some of the powers of parliament over the government

What are 4 ways in which parliamentary scrutiny contributes to better policy

1. parliament committees can find more evidence/analyse in different ways — shows things you did not see when you initially tried to come up with the policy

2. draws out objections to govt policy by engaging with individuals and groups who do not necessarily agree with the policy

3. Produces more legitimate decisions - if you know your decisions are going to be scrutinised, you will have to ensure they are justifiable

4. Catalyses the building of coalitions in favour of and against a position — evidence used in debates is gathered from parliamentary scrutiny.

what is necessary for effective parliamentary scrutiny

separation of powers from the parliament and government

What does the Act of Settlement 1701 say about parliamentary scrutiny

'No person who has an office or place of profit under the King or receives a pension from the crown shall be capable of serving as a member of the House of Commons'

are any acts immune to parliamentary scrutiny

There are fast-track legislation that don't undergo intense scrutiny e.g Anti-terrorism, Crime and Security Act 2002 after 9/11

what places a limit on parliamentary scrutiny

prorogation and dissolution

dissolution

terminates a Parliament and, by convention requires the summoning of a new Parliament, so triggering a general election for membership of the House of Commons.

Prorogation

brings an end to a session of Parliament. Parliament is suspended for a period by a Monarch.

when is a decision to prorogue parliament unlawful according to Lady Hale and Lord Reed?

"if the prorogation has the effect of frustrating or preventing, without reasonable justification, the ability of Parliament to carry out its constitutional functions as a legislature" Miller II

What do Lady Hale and Lord Reed say in the Miller II case say about the prorogation of parliament

"The longer that Parliament stands prorogued, the greater the risk that responsible government may be replaced by unaccountable government"

What do the lascelles principles say about parliamentary sovereignty

Sovereign can refuse a request from PM to dissolve Parliament if 3 conditions are met:

1. Existing Parliament is still 'vital, viable and capable of doing its job'

2. General election will be 'detrimental to the national economy' and

3. If the sovereign could 'rely on finding another prime minister who could govern for a reasonable period with a working majority in the commons

What does Adam Tomkins believe about political parties

"The problem of the party" is the main obstacle to deliberative democracy in the United Kingdom

what does Edmund Burke believe about political parties

"Parties must ever exist in a free country"

what happens to the party with the most votes

they form the government with the leader being the PM

what happens to the party with the second most votes

they form the main opposition

what is a party whip

a party member that ensures MPs are willing to compromise with other party members to achieve things together and vote collectively with the party, even if their personal beliefs are not aligned.

what does Lord Reed say about whips

"One of the whips' duties is to see that their parties are as fully represented as possible at important votes or division"

why do people believe parties should be removed from the constitution

Political parties can be argued to be private institutions that need to be isolated to function

who has more power, the house of lords or the house of commons?

The Parliament Act 1911 asserts the dominance of the House of commons as they are democratically elected

bicameralism

'two-Chamber'. A bicameral parliament is one that contains two separate assemblies that must both agree when new laws are made.

why are people in support of having a bicameral system

Having only the House of Commons will lead to an elective dictatorship — this is due to the huge concentration of power in Commons

confidence removability rule

the government has to command the confidence of the House of Commons. If there is a vote of no confidence, it gets rid of the government.

what does the House of Lords represent

national interests - they are not beholden to parties, locality or government

R (Miller) v Secretary of State for Exiting the European Union 2017

Facts: Govt wanted to use the prerogative power to trigger Article 50 of the Treaty on European union without asking parliament

Decision: this would be unlawful as article 50 would change the UK law and take away rights but only parliament had the power to do this

R (Miller) v The Prime Minister 2019

Facts: an order of council was made on the advice of the PM demanding that parliament be prorogued for 5 weeks in the midst of Brexit negotiations. Miller argued this was unlawful

Decision: even though the decision to prorogue is a prerogative power, it was justiciable as the prerogative has to be used within its legal limit. the decision was unlawful and had no effect so parliament could return immediately

What do Lady Hale and Lord Reed say are the consequences of the prorogation of parliament

"While parliament is prorogued, neither House can meet, debate and pass legislation. "

House of Commons Library Briefing paper June 2019

"the government of the day advises the Crown to prorogue and the request is acquiesced to."

Lady Hale on the presentation of prorogation

"prorogation […] has been performed to prevent MPs intervening prior to the UK's departure."

Case of Proclaimations 1611

"the King hath no prerogative but that which the law of the land allows him"

the limits of the prerogative are set by law and determined by the courts

Council of Civil Service Unions for the Civil Service 1985

Lord Roskill describes the dissolution of parliament as one of a number of powers whose exercise was non-justiciable