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What makes the HOC powerful?
democratically elected- so has a mandate to change + greater legitimacy + relevance
leaders of largest party in commons becomes PM, most ministers come from commons not lords
What makes HOL powerful
Less affected by party politics- power through stability, cannot be removed
Common’s exclusive powers that make them more powerful than the HOL
Parliament act 1911 + 1949 (right to insist on legislation)
HOL can’t block bills- only delay for 1 year
Financial privilege
HOL can’t block/delay ‘money’ bills- anything that involves govt spending
Confidence + supply (power to dismiss executive)
If govt loses on the vote on the budget, they must resign
Only the HOC can hold vote of no confidence to eject govt
Confidence + supply =
the requirement that the govt must be able to command a majority in the HOC on the votes of confidence + supply (e.g. the budget), also used to refer to an agreement between the governing party + a smaller party in which the latter agrees to support the govt on key votes in return for policy concessions
Notion of no confidence=
a parliamentary censure motion initiated by the opposition which, if passed, requires the resignation of the government
Confidence motion=
a motion of confidence in the govt, it may be initiated by the govt as a threat of dissolution, or used to approve the formation of a new govt under the fixed term parliaments act 2011
Conventions that make the HOC more powerful than HOL
The Salisbury convention
HOL should not vote against any measures that were in a govt’s manifesto as they have mandate
‘Reasonable time’ convention
HOL shouldn’t deliberately slow don’t govt bills (for legislative scrutiny is ok tho)
Secondary legislation
Executive can amend existing primary legislation
HOL by convention doesn’t block this
Why the HOL has become more assertive
Has become more assertive in the legislative process since the removal of most hereditary peers in 1999,
govt defeats in the lords have also become more frequent, the blair + brown
Party balance
Govt mandate
Support from MPs
Enhanced legitimacy
Why the HOL has become more assertive due to party balance
In built conservative majority is removed so Conservative govts are more challenged
Why the HOL has become more assertive due to govt mandate
Weaker mandates 2010-19 + Truss/ Sunak (as not elected)
HOL argued they can legitimately challenge policies not tested by voters
Why the HOL has become more assertive due to support from MPs
HOL + backbenchers have started to coordinate attempts to amend legislation
Why the HOL has become more assertive due to support from MPs enhanced legitimacy
Most hereditary peers removed
Appointed for expertise, they therefore have reason to challenge
e.g. of how the HOL has become more assertive in the legislative process since the removal of most hereditary peers in 1999,
it blocked the sexual offences act 2000+ the hunting act 2004, forcing the govt to employ the parliament act in the following session,
Limits the commons face, that the lords don't
Constituency work
Stronger whip system
Lack of expertise/ experience of many MPs
Fear of election/ confidence votes
Input legitimacy
concerns the composition of an institution + its responsiveness to citizens' concerns as a result of participation by, and representation of, the people
Output legitimacy
concerns the quality + effectiveness of an institution's performance + outcomes for the people
what tyoe of legitimacy does the commons have, and why?
input legitimacy cuz of its composition (it is directly elected + accountable to voters), whereas the lords has output legitimacy because of what it delivers (its scrutiny + revision produce better-quality legislation)
(e.g. of HOL resisting the commons)
In 2022 the HOL voted against 14 amendments in the govt's police, crime, sentencing + courts bill, the Lords had defeated a further 5 amendments on the same bill only days earlier, because of the lords stiff resistance, the defeated amendments couldn't be returned to the commons.
how does the HOL divide its time?
spends 60% of its time on legislation + 40% on scrutinising the govt
how many amendments did the HOL consider in 2022
5244 amendments to 100 bills
where is much of the work of the HOL done?
outside the chamber in committees
how has the lords had a stormy relationship w the commons in recent years?
the govt was defeated by the lords 128 times in 2021-22, the increasingly polarised politics of post-Brexit UK, has meant that even a majority in the commons doesn't get everything its own way, due to the lords