relationship between the executive and parliament
conflict:
conflict comes from 2 constitutional principles:
parliament is sovereign
the govt has a mandate to carry out its manifesto commitments
means that when Parliament exercises its right of sovereignty, it is threatening the democratic legitimacy of the govt
>usually solved by the fact govt enjoys a majority in the HofC
elective dictatorship: if a government has a majority, then they have great power and behave almost like a dictator
limits on House of Lords:
Parliament Act, 1911
Parliament Act, 1949
Salisbury Convention
controls on the executive
govt needs to get a majority of MPs to support policy
parliament can amend legislation to change its character and protect groups
parliamentary rebellions have become more common (although it is still rare for the gov to lose)
parliament could dismiss govt via a vote of no confidence
parliament calls govt and its ministers to account. they are constantly aware errors and injustices may be exposed
departmental select committees and backbenchers increasingly call the govt to account, esp since MPs elect the chairs
how does the executive control Parliament?
the govt normally commands a majority
the patronage system means the PM has control of all key appointment
gives them control over MPs
regular MP troublemakers unlikely to be promoted
MPs dislike elections
MPs in governing party unlikely to do anything to cause one
Fixed Term Parliaments Act of 2011 made this less of an issue, amended in 2019
party whips exercise control
extreme cases: MP can be suspended from their party which will damage their career
collective responsibility mean the govt will present a united front
Salisbury Convention
changing nature of the relationship:
Circumstances favouring executive power | Examples | Circumstances favouring parliamentary powers | Examples |
The gov enjoys a very large majority | 1983 1987 1997 2001 2019 | The gov has no majority or a small majority | 1992 (Tories had a 21 seat majority) 2010 2015 (Tory majority of 15) 2017 – May lost majority |
The gov is united around a dominant ideology | 1983-89 (Thatcherism) 1997-2005 (Labour’s Third Way) 2019 Boris’s Brexit | The governing party is split on issues | 1992-97 (Tories split over Europe) 2010-2015 (coalition) Present – Brexit 2022 – Truss 2023 - Sunak |
The opposition is weak or fragmented | 1983-92 (Labour split over ideals) 2015 on (Labour split over Corbyn) 2019 election/antisemitism | The government faces a strong and united opposition | 1994-97 (Tories faced a united New Labour) Stability of Starmer |
The gov is lead by a dominant leader | 1979-89 (Thatcher) 1997-2003 (Blair) 2019-22 (Johnson) | The leader of the governing party has lost popular and parliamentary authority | 1989-90 (Thatcher) 1994-97 (Major) 2003-2007 (Blair) 2008-2010 (Brown) 2021-22 (Johnson) 2022 (Truss) 2023 (Sunak) |
The growing influence of Parliament | Factors that retain executive power |
Parliament is achieving considerable influence over foreign and military policy | Govs still normally enjoy a parliamentary majority |
The select committees are increasingly influential and have come under backbench control | The gov still relies on a large ‘payroll vote’ where all ministers, numbering over 100, are bound by collective responsibility. This crumbled for Johnson, however |
The Liasion Committee calls the PM increasingly to account | Gov still controls the legislative programme and the Public Bill Committees which propose amendments |
There was not been a decisive gov majority in the Commons between 2005 to 2019. Current govt struggling even with majority | Prime ministerial patronage still creates loyalty amongst the gov’s MPs |
The House of Lords has become increasingly proactive and obstructive | Gov still has a huge advantage in resources (advice and research) over MPs |
governing with a minority
theresa may didn’t have a majority of seats after the 2017 snap election
most proposals have to be negotiated individually with members from all parties
the govt is constantly facing the prospect of defeat
the govt needs to survive any votes of no confidence n must get approval from the Commons for the budget
2019 election:
boris won with an increased majority - ‘get brexit done’
means his govt will usually get its way
however, his govt’s treatment of Parliament fostered resentment, esp prorogued Parliament
lockdown issues/partygate
cronyism/pincher
led to johnson being ousted
truss lasted less than 50 days - the kamikwasi budget
now on sunak - still has electoral mandate but no public vote
braverman issues, bullying (sir gav, big dom), covid inquiry
the road ahead:
2022-3 (and probably 24) tricky for sunak
lost conservative leader contest
only elected by mps
cost of living crisis
huge borrowing hole to fill
austerity with higher taxes n cut spending post-hunt budget
ukraine/israel crises
split tory party - esp moderates vs hard right
strong labour opposition - seen as govt in waiting
conflict:
conflict comes from 2 constitutional principles:
parliament is sovereign
the govt has a mandate to carry out its manifesto commitments
means that when Parliament exercises its right of sovereignty, it is threatening the democratic legitimacy of the govt
>usually solved by the fact govt enjoys a majority in the HofC
elective dictatorship: if a government has a majority, then they have great power and behave almost like a dictator
limits on House of Lords:
Parliament Act, 1911
Parliament Act, 1949
Salisbury Convention
controls on the executive
govt needs to get a majority of MPs to support policy
parliament can amend legislation to change its character and protect groups
parliamentary rebellions have become more common (although it is still rare for the gov to lose)
parliament could dismiss govt via a vote of no confidence
parliament calls govt and its ministers to account. they are constantly aware errors and injustices may be exposed
departmental select committees and backbenchers increasingly call the govt to account, esp since MPs elect the chairs
how does the executive control Parliament?
the govt normally commands a majority
the patronage system means the PM has control of all key appointment
gives them control over MPs
regular MP troublemakers unlikely to be promoted
MPs dislike elections
MPs in governing party unlikely to do anything to cause one
Fixed Term Parliaments Act of 2011 made this less of an issue, amended in 2019
party whips exercise control
extreme cases: MP can be suspended from their party which will damage their career
collective responsibility mean the govt will present a united front
Salisbury Convention
changing nature of the relationship:
Circumstances favouring executive power | Examples | Circumstances favouring parliamentary powers | Examples |
The gov enjoys a very large majority | 1983 1987 1997 2001 2019 | The gov has no majority or a small majority | 1992 (Tories had a 21 seat majority) 2010 2015 (Tory majority of 15) 2017 – May lost majority |
The gov is united around a dominant ideology | 1983-89 (Thatcherism) 1997-2005 (Labour’s Third Way) 2019 Boris’s Brexit | The governing party is split on issues | 1992-97 (Tories split over Europe) 2010-2015 (coalition) Present – Brexit 2022 – Truss 2023 - Sunak |
The opposition is weak or fragmented | 1983-92 (Labour split over ideals) 2015 on (Labour split over Corbyn) 2019 election/antisemitism | The government faces a strong and united opposition | 1994-97 (Tories faced a united New Labour) Stability of Starmer |
The gov is lead by a dominant leader | 1979-89 (Thatcher) 1997-2003 (Blair) 2019-22 (Johnson) | The leader of the governing party has lost popular and parliamentary authority | 1989-90 (Thatcher) 1994-97 (Major) 2003-2007 (Blair) 2008-2010 (Brown) 2021-22 (Johnson) 2022 (Truss) 2023 (Sunak) |
The growing influence of Parliament | Factors that retain executive power |
Parliament is achieving considerable influence over foreign and military policy | Govs still normally enjoy a parliamentary majority |
The select committees are increasingly influential and have come under backbench control | The gov still relies on a large ‘payroll vote’ where all ministers, numbering over 100, are bound by collective responsibility. This crumbled for Johnson, however |
The Liasion Committee calls the PM increasingly to account | Gov still controls the legislative programme and the Public Bill Committees which propose amendments |
There was not been a decisive gov majority in the Commons between 2005 to 2019. Current govt struggling even with majority | Prime ministerial patronage still creates loyalty amongst the gov’s MPs |
The House of Lords has become increasingly proactive and obstructive | Gov still has a huge advantage in resources (advice and research) over MPs |
governing with a minority
theresa may didn’t have a majority of seats after the 2017 snap election
most proposals have to be negotiated individually with members from all parties
the govt is constantly facing the prospect of defeat
the govt needs to survive any votes of no confidence n must get approval from the Commons for the budget
2019 election:
boris won with an increased majority - ‘get brexit done’
means his govt will usually get its way
however, his govt’s treatment of Parliament fostered resentment, esp prorogued Parliament
lockdown issues/partygate
cronyism/pincher
led to johnson being ousted
truss lasted less than 50 days - the kamikwasi budget
now on sunak - still has electoral mandate but no public vote
braverman issues, bullying (sir gav, big dom), covid inquiry
the road ahead:
2022-3 (and probably 24) tricky for sunak
lost conservative leader contest
only elected by mps
cost of living crisis
huge borrowing hole to fill
austerity with higher taxes n cut spending post-hunt budget
ukraine/israel crises
split tory party - esp moderates vs hard right
strong labour opposition - seen as govt in waiting