CH11 - PARLIAMENT

What are the two core constitutional functions of parliament?

1. SCRUTINISING THE EXECUTIVE

2. MAKING LAW

SCRUTINY OF THE EXECUTIVE: Where is there scrutiny from parliament?

• Examine government policy

• Government administration

• Public expenditure

• Ministerial decision making

SCRUTINY OF THE EXECUTIVE: What is the importance of scrutiny

Prevents abuse of power

Promotes accountability

Improves policy making

Reinforce democracy

SCRUTINY OF THE EXECUTIVE: How did the Supreme Court apply this

was a fundamental principle in R (MILLER) V PM cherry (2019)

SCRUTINY OF THE EXECUTIVE:How is the effectiveness of scrutiny weakened, what is it weakened by

• government majorities

Party discipline

Ministerial control of parliamentary time

Gov dominance of legislation

METHODS OF SCRUTINY: What is question time

• Allows MP to question ministers directly

• PURPOSE:

Hold ministers accountable highlight public concerns

Enforce ministerial responsibility

METHODS OF SCRUTINY: what is meant by ministerial responsibility?

• Fundamental constitutional principle - ministers are accountable to parliament for the actions of their departments

• Code - requires ministers to provide accurate information

METHODS OF SCRUTINY: what are the strengths of question time

• Direct

• Public accountability

• Expose gov mistakes

METHODS OF SCRUTINY: What are weaknesses of question time

• Limited time

• Evasive answers

• Insufficient opportunity for in depth scrutiny

METHODS OF SCRUTINY: What are ‘urgent questions”

• MP can request an urgent question requiring a minister to attend parliament immediately

METHODS OF SCRUTINY: what is the importance of urgent questions

• Powerful accountability tool as they force ministers to respond fast to emerging political issues

• VALUABLE for accountability but produces political exchanged NOT detailed scrutiny

METHODS OF SCRUTINY: What are PMQ’S

Every Wednesday, allows MP to question the PM directly about government policy and current political issues

METHODS OF SCRUTINY: what is the constitutional importance of PMQ

• Public mechanism for holding the head of gov accountable

• Significant media attention.

METHODS OF SCRUTINY: What are the strengths of PMQs

• Scrutiny of the PM

• Public visibility

• Awareness of government decisions

METHODS OF SCRUTINY: What are the weaknesses of PMQ’s

• Highly partisan

• Performative

• Limited detailed policy examination

DEBATES: What are the 5 types of parliamentary debates

1. government

2. opposition day - chosen by opposition

3. backbench - chosen by MP

4. adjournment debates - raise specific concerns

5. early day motions

DEBATES: what are the advantages of debates?

• Scrutiny

• Ministerial accountability

• Parliamentary influence over policy

DEBATES: What are the weaknesses of debates

• Non-binding

• Gov can ignore outcomes

• Time limitations

• Can be dominated by front-bench politicians

SELECT COMMITTEES: what are their powers?

• Call witnesses

• Request documents

• Take evidence

• Produce reports

SELECT COMMITTEES: What are the three examples

1. COMMONS DEPARTMENTAL COMMITTEES:

Home affairs committee

Defence committee

1. JOINT COMMITTEES

Human rights

1. LORD COMMITTEES:

Constitution and committee

Science and technology

SELECT COMMITTEES; What did the wright reforms 2010 introduce?

Introduced election of select committee chairs by MPs - INCREASING INDEPENDENCE AND LESS GOV INFLUENCE

SELECT COMMITTEES: What are the strengths?

• Detail based evidenced scrutiny

• Media influence

• Increasing policy impact

SELECT COMMITTEES: What are their weaknesses?

• Gov majority remains

• Cant compel ministers to appear

BILLS; what are the 4 types of bills

1. public bills

2. private members bills

3. private bills

4. hybrid bills

BILLS: What are public bills

Apply generally to society

Most gov legislation falls into this category

BILLS: What are private members bills?

Introduced by MPs or peers who arent ministers

Few become law

Success requires gov support

GOV + LAW MAKING: what was lord hailshams concern?

Elective dictatorship - gov with a large majority may dominate parliament and secure passage of legisaltion with little resistance

HOL: What is the role of them

revising chamber, examining legislation in detail and proposes amendments

HOL; What is their value?

• Specialist expertise

• More time for scrutiny

• Less politically partisan

• Identifies flaws missed by the commons

ISSUES: What are the 5 main issues with the legislative process?

1. volume and complexity

2. fast-track legislation

3. pre-legislative scrutiny

4. post legislative scrutiny

5. sunset clauses

ISSUES: What is the issue with fast track legislation?

• Emergency legislation can be passed quickly

Coronavirus act 2020

• PROBLEM - speed reduces scrutiny

ISSUES: what are sunset clauses?

• Provision causing legislation to expire unless renewed

Anti-terrorism legislation

What is secondary legislation and two examples?

law made under authority by parliament in a parent act

1. Delegated legislation

2. Subordinate legislation

Why do we have secondary legislation?

• ALLOWS FOR:

Technical detail

Flexibility

Faster law-making

Efficient use of parliamentary time

What are the three types of secondary legislation?

1. Statutory instruments - made by ministers

2. Orders in council - made via privy council

3. Bye laws - made by local authorities

What are the two issues with delegated legislation

1. democratic deficit

   1. rule of law concerns

What is meant by democratic deficit?

• Secondary legislation receives far less scrutiny than primary

• Many instruments

Never debated

Cannot be amended

Become law automatically

What is the concern of the rule of law?

• RISK OF:

Arbitrary law making

Executive law making

What are the 4 scrutiny procedures?

1. affirmative resolution

2. negative resolution

3. super-affirmative

4. urgent procedure

What are skeleton bills?

• Contain broad principles but leave detailed policy for secondary legislation

• CRITICISM - transfer excessive legislative power from parliament to ministers - CONSTITUTIONALLY PROBLEMATIC