Study Notes: Parliament I - LAW3004

Introduction

  • The lecture is part of the course LAW3004: An Introduction to Constitutional Law and Essay Writing, presented by Dr. Josie Welsh at Oxford Brookes University.
  • The session is focused on Parliament and its functions within the UK constitutional framework.

Session Aims

  • Explain the role and function of Parliament within the UK constitution.
  • Describe the composition of the UK Parliament.
  • Explore the role of the House of Commons along with its rules.
  • Discuss the influences on law-making in Parliament.
  • Outline the legislative process from a Bill to an Act.

Understanding Constitutions

  • The concept of a constitution for Utopia has developed over many decades.
  • Rules can be found in various sources, both written and understood through the practices of state actors and institutions.
  • Term Definition: This type of constitution is often referred to as an unwritten constitution.
  • True or False Question: There are various arguments in favor of reforming (codifying) the UK constitution.

Parliamentary Sovereignty

  • Definition of Parliamentary Sovereignty: Parliament possesses the supreme law-making authority in the UK.
  • Position in the Constitution: Parliament operates within the constitutional framework as the legislature.
  • Legislature: Institutions or organizations of the state defined under the UK's constitutional framework.

Composition of the UK Parliament

  • UK Parliament Structure:
    • Comprises two houses: the House of Commons and the House of Lords.
    • **House of Commons: ** Elected members known as Members of Parliament (MPs).
      • Total elected MPs: 650.
    • House of Lords: Largely appointed members known as peers of the realm.

The House of Commons

  • Electoral Process: MPs are elected for each constituency on a first-past-the-post basis.
  • MPs hold their seats for the duration of the Parliament.
  • Fixed Term Parliament Act 2011: Initially established that Parliament would normally sit for 5 years.
    • This Act was repealed by the Dissolution and Calling of Parliament Act 2022.

Constitutional Reform Example

  • Dissolution and Calling of Parliament Act 2022:
    • Key Provisions:
    1. Repeal of the Fixed-term Parliaments Act 2011.
    2. Revival of prerogative powers to dissolve Parliament and call a new Parliament.
    3. Non-justiciability of the revived prerogative powers.
    4. Automatic dissolution of Parliament after five years.
    5. Minor and consequential amendments and savings.
    6. Extent, commencement, and short title of the Act.

Role of the Commons in Law-Making

  • The political party that secures a majority in the House of Commons forms the government.
  • If no party gains a majority, a coalition government may be established (e.g., the 2010 General Election).
  • Both the House of Commons and the House of Lords participate in law-making, but the Commons holds the final authority in case of disputes.

Democratic Mandate of the House of Commons

  • The House of Commons derives its democratic mandate from electoral voting.
  • The Commons can employ the Parliament Acts (1911 and 1949) to enforce a bill rejected by the House of Lords.
  • Example Statutes Passed by the Commons Overriding the Lords:
    • War Crimes Act 1991
    • European Parliamentary Elections Act 1999
    • Sexual Offences (Amendment) Act 2000
    • Hunting Act 2004

Influences on Law Making by Parliament

  • Definition of Statutes: Laws that have been passed by Parliament.
  • The King's Speech (formerly Queen's Speech): Marks the State Opening of Parliament, outlining the government's agenda, including the bills intended for presentation in the session.

Key Functions of Parliament

  • Key Functions Include:
    1. Scrutiny of the Executive: Involves the relationship between the legislature and the executive, ensuring the government is held accountable.
    • Methods of scrutiny include:
      • Questions posed to government officials.
      • Debates on relevant issues.
      • Operation of select committees.
    1. Legislative Process: The processes by which laws are passed in Parliament.

Types of Bills

  • Public Bills: Proposed by the government applicable to the population at large.
  • Private Members' Bills: Proposed by individual MPs, selected through a ballot (20 each year). Example: Murder (Abolition of the Death Penalty) Act 1965.
  • Private Bills: Apply only to specific schemes, companies, or public entities.

Legislative Process from Bill to Act

  • Every proposed bill must undergo a specific parliamentary process before achieving statute status.

Parliamentary Privilege and Conduct

  • Parliamentary Privilege: Encompasses freedom of speech within parliamentary debates.
  • Standards of Conduct: Defined within each House, with disciplinary powers to ensure members act in the nation's interests while serving their constituents.
  • Disqualification from Election: Certain individuals cannot stand for election to the House of Commons, including:
    • Members of the House of Lords.
    • Judges.
    • Civil servants.
    • Members of the armed forces and police.
    • Prisoners.
    • Reference: Governed by the House of Commons Disqualification Act 1975.

Consolidation Activity

  • Post-session task includes watching the 2019 Queen's Speech clip to identify proposed Bills mentioned and the government’s legislative intentions for that session.