The executive and parliament

Parliament is legally sovereign and is intended to hold the executive to account

However, because the executive is usually drawn from the largest party in the House of Commons, it often dominates Parliament

How Parliament holds the executive to account

Hold them to account via:

  • scrutiny and questioning

  • legislative control

  • votes of no confidence

  • amendments and Lords

  • controlling government spending

1. Legislative Control

parliament must pass Acts to authorise certain executive powers

e.g. after Miller vs Brexit Secretary 2017, Parliament passed the necessary Act to authorise EU withdrawal

HOWEVER, due to fused powers in the UK, the government hold a majority in Commons which makes it possible for the executive to pass legislation with ease

2. Questioning and Scrutiny

MPs can challenge ministers and force them to defend their policies like PMQs. select committees and urgent questions

e.g. Amber Rudd resigned as Home Secretary due to urgent questions over the Windrush scandal

HOWEVER, despite intense scrutiny of BoJo due to Partygate, it was not until his own ministers resigned that Johnson was forced to resign

3. Votes of no confidence

Parliament can remove a government that loses the vote in Commons

e.g. in 1979, Callaghan’s Labour government lost a vote of no confidence by one vote, triggering a GE

HOWEVER, when a party has a strong majority, the executive can resist pressure

e.g. Theresa May 2019

4. Lords

Lords can delay bills by up to one year

e.g. Lords proposed multiple amendments to the Rwanda Bill

HOWEVER, Salisbury Convention limits the power of the Lords and Governments can override Lords

e.g. Hunting Act 2004

5. Control of government spending

Parliament must approve government spending and the budget

MPs can scrutinise the allocation of resources

e.g. Keir Starmer initially whipped MPs to keep the 2 child benefit cap in 2024 but by 2025, he reversed this policy under pressure from MPs

HOWEVER, Governments usually have a majority in Commons and Lords cannot block money bills

Dominance of the executive over Parliament

1. Control of the parliamentary agenda

The government controls the timetable and agenda, allowing them to prioritise its own legislation and limit scrutiny

e.g. May’s government used Henry VII powers to accelerate the EU Withdrawal Act

HOWEVER, weak or divided majorities can reduce dominance

e.g. Sunak delayed the Illegal Migration Bill due to backbench pressure

2. Whipping and party discipline

The whip system is used to ensure MPs vote in line with government

e.g. Starmer placed a whip on the vote to keep the 2 child benefit cap

HOWEVER, party discipline can break down

e.g. May lost 3 brexit votes in 2019

3. Prerogative powers

The executive can act without parliamentary approval in some areas

e.g. Sunak launched air strikes on Yemen in 2024 without approval

HOWEVER, executive action can be checked by judicial review

e.g. Miller vs Brexit Secretary 2017 and Miller vs PM 2019 reaffirmed parliamentary sovereignty

4. Size of the government majority

A large majority allows governments to pass controversial legislation

e.g. Blair’s majority in 1997 enabled extensive constitutional reform

HOWEVER, even large majorities are not absolute

e.g. Blair was defeated in 2005 on proposals for 90-day detention