Prof. Bruno Pierri Lingua Inglese

1. Prof. Bruno PierriLingua Inglese First Hour: The British Parliament Second Hour: United States Congress December 10th, 2009

2. XI century: King’s Council “Witans”: barons and archbishops to discuss taxation and judgment 1265: first elected Parliament. Land Franchise XIV Century: Two Houses A) nobility and higher clergy (House of Lords) B) knights and burgesses (freemen of a borough) – House of Commons No law or tax without consent of both Houses 1536: Wales first represented in Commons 1707 Act of Union: Unification of Scottish and English Parliaments 1801 Act of Union with Ireland Historical Roots

3. Franchise • At first all freemen, that is those who were not serfs, had the right to vote • The 40 shilling franchise: • Rules were changed in 1429 when it was decreed that only freemen who owned freehold land (that is, not leased from the land's owner) worth 40 shillings were allowed to vote • Franchise comes from Old French franchise, from franche, feminine of franc, meaning "free" or "exempt" • Franchising (trade affiliation): • Collaboration among entrepreneurs to distribute goods and services. If you want to give birth to business without starting from zero, you can affiliate your company to an already successful brand. On one hand there is a firm already well established in the market (franchisor), on the other hand there is a company, or person, starting activity (franchisee) • The franchisor gives the franchisee the freedom (Franchise) to trade its own goods under the former’s label, beside technical assistance and consultancy • Usually the franchisee gives the franchisor a percentage of its budget (royalty)

4. Impeachment • Good Parliament • The Parliament of 1376 was called the Good Parliament. The Commons prosecuted some of the King's corrupt ministers, a process known as impeachment • Wonderful Parliament • In the Parliament of 1386 the Commons forced Richard II to dismiss his Lord Chancellor (Minister of Justice) • Merciless Parliament • In 1388 the Merciless Parliament condemned to death the former Lord Chancellor and in 1399 Parliament deposed Richard II by trial and process

5. Parliament and taxation • Parliament developed in 13th and 14th centuries largely through the desire of Edward I and his successors to wage war • They had to levy "extraordinary" taxes to raise the funds • Each time the King requested assent to a tax from Parliament, this could ask a favour back

6. 1911 Parliament Act • Maximum duration of Parliament 5 years • Removal of right of veto for Lords to any public legislation approved by Commons • Lords maximum legislative delay of one month for money bills (taxation) and two years for other types of bill

7. 1949 Parliament Act • Abolition of University and Enterprise seats (one man, one vote) • Any bill passed in Commons may be delayed only for one year by Lords

8. Bill vs Act • A Bill is a proposal for a new law, or a proposal to change an existing law, presented for debate before Parliament • A Bill can start in the Commons or the Lords and must be approved in the same form by both Houses • Once approved, the Bill becomes an Act of Parliament (Law)

9. Royal Assent • Monarch's agreement to make a Bill into an Act of Parliament • The Monarch actually has the right to refuse Royal Assent but nowadays this does not happen • Royal Assent formula is in Norman French (La Reyne le veult)

10. House of Commons (Lower House publicly elected. 646 seats each representing a costituency (650 at next general election - 2010) Main Functions: Law-making Raising and spending public money (Govt takes key decisions, but Commons permission needed) Scrutiny: Opposition challenges Govt and is also shadow Govt House of Lords (Upper House) mostly appointed by Monarch, some elected internally and some bishops and archbishops of Church of England. Since July 2008 746 members Lords Spiritual/Lords Temporal Highest Court: Supreme Court of Appeal. Group of salaried judges (Law Lords) carries out this job Main Functions: Consideration and revision of Bills from Commons Initiation of non-controversial legislation General debates Two-House System

11. House of Commons: rectangular shape, Govt and Opposition face each other Govt on right of Speaker,Official Opposition and other parties to the left Govt and Shadow Govt members on front benches (front-benchers). Junior MPs on back benches (back-benchers) Crossing the floor: MPs can change party at any time. In this case they cross the floor to the other side House of Lords: Govt and Opposition face each other Govt and Bishops on right of Lord Speaker. Opposition parties on left Independent Peers (Crossbench Peers) on benches crossing Chamber Position of MPs/Peers

12. Debates • Formal discussion on Bill or issue of topic importance (90 minutes) • MP introduces subject - moving a motion • Speaker in Commons or Lord Speaker repeats terms of motion • Motion debated • Decision taken, if necessary by voting (division)

13. The Speaker of the House of Commons • MP elected by other MPs: Politically impartial at all times • Speaker does not take part in debate or votes, except to break ties (casting vote) • Casting vote: Speaker may vote as he or she pleases, but in practice votes to give the House further opportunity to debate • Speaker must resign from party and remain separate from political issues even after retirement, but will deal with constituency’s problems like normal MP • Speakers stand in general elections, unopposed by major parties. They do not campaign on political issues, but only stand as “Speaker seeking re-election”

14. The Whip • MP or Peer appointed by each party to make sure maximum number of Members votes according to party wants • 18th century fox hunting terminology referring to person who drives dogs back to main pack using a whip • Whips send out circular (called 'The Whip') detailing upcoming parliamentary business. Special attention to divisions. Important divisions underlined three times • Defying three-line whip has occasionally resulted in expulsion from party • Whip could resort to mixture of threats, blackmail and extortion to force unpopular vote • For a minister, consequences for defying party whip are absolute: they are dismissed immediately