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Structure of parliament

Structure of parliament. Origins of parliament. Kings always had to consult with leading, powerful nobles During the reign of William I this meeting was known as the Great Council – the king would consult on important issues with his nobles and bishops

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Structure of parliament

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  1. Structure of parliament

  2. Origins of parliament • Kings always had to consult with leading, powerful nobles • During the reign of William I this meeting was known as the Great Council – the king would consult on important issues with his nobles and bishops • The word parliament comes from ‘parler’, to talk, i.e. a talking shop. • The role of parliament at this time was mainly to supply money to the king

  3. In the seventeenth century parliament established its supremacy over the king as a result of the English civil war 1642-49 and the Glorious Revolution 1688-9. In the eighteenth century the kings became even less powerful as the power of the Prime Minister e.g. Walpole increased. (The P.M. and other ministers were part of parliament). In the nineteenth century democracy (the vote being exercised by large numbers) and the resulting development of mass political parties took the away the residual power of the king and created the modern parliamentary democracy. Growth of parliament’s power

  4. Legislation / Representation / Oversight of executive / Recruitment Legislatures

  5. Reforming the Legislature:The Commons and the Lords

  6. Bicameralism vs Unicameralism • Unicameralism – single legislative chamber • Strength of legislature vis-à-vis executive depends on nature of party system • Bicameralism – two legislative chambers • Weak vs strong bicameralism • Strong: 2 chambers have equal power (symmetrical) • Weak: lower chamber dominant (asymmetrical) • 2 chambers can be (s)elected on different basis • Strong bicameralism in federal states • Weak bicameralism or unicameralism in unitary states • The stronger the bicameralism, the stronger the legislature vis-à-vis executive in parliamentary systems

  7. House of Lords & Executive (1) • Lords once more powerful than Commons • Representation of different social classes • Composition: mainly hereditary peers (& Law Lords, bishops) • Once had unlimited power to veto legislation • Parliament Act 1911 – weakened Lords • Bill could become law without Lords’ consent after 2 years, money bills after 1 month; aspired to remove hereditaries • Parliament Act 1949 – 2 yrs delay cut to 1 year • Attlee Govt worried Lords would block radical policies • Salisbury Convention emerged • UK: weak bicameralism

  8. Uses of the Parliament Acts • Welsh Church Act 1914 • Disestablished Welsh part of Church of England • Home Rule Act 1914 • Home Rule for Ireland (never implemented) • Parliament Act 1949 • Amended Parliament Act 1911 • War Crimes Act 1991 • Enabled UK to prosecute Nazi war criminals for activities outside UK • Only time Parliament Acts used by a Conservative Govt • European Parliamentary Elections Act 1999 • Changed voting system for Euro elections • Sexual Offences (Amendment) Act 2000 • Lowered age of consent for homosexuals from 18 to 16 • Hunting Act 2004 • Banned fox-hunting and hare coursing

  9. House of Lords & Executive (2) • 1958 – Life Peerages Act • Enable prominent experts/public figures to enter Lords • Appointed by PM • Title dies with holder • 1968 – Wilson: stop hereditary voting: defeated • Powers and functions • Legislation • Deliberation • Scrutiny – important committees • Previously Supreme Court of Appeal (Law Lords) • Constitutional Reform Act 2005 created new Supreme Court –opened in October 2009

  10. New Labour – Reforming the Lords • Hereditary peers – conservative block on New Labour’s aspirations • Two-stage reforms – (1) remove hereditaries; (2) construct newly-composed chamber • Tories opposed removing hereditaries • ‘Cranbourne compromise’ – keep 92 hereditaries • Interim House – politically rebalanced: no party had majority • Govt established Royal Commission to look into Stage 2 – composition, functions, powers

  11. Composition of House of Lords 2009

  12. Stage 2 – Still Incomplete • Royal Commission (Wakeham) 2000 • 550 members: 67, 87 or 195 elected • White Paper, consultation, joint-committee • 2003: Lords voted for 100% appointment; Commons rejected all proposals! • Dept of Const Affairs Sept 2003 – all-appointed • White Paper 2007 • Remove hereditaries • Part-appointed, part-elected: 15-year terms, 1/3 elected every five years by regional list PR • March 2007: Commons voted for 100% elected; Lords voted for 100% appointed!

  13. Future of the Lords (1) • Debate: composition > powers • Power underlies debate: election  greater legitimacy • Interim Lords flexing muscles • Salisbury Convention obsolete? • PM – too much patronage power? • Is an elected chamber a good thing? • Replicate party system in Lords • Unsuitable for scrutiny role?

  14. Future of the Lords (2) • What is the purpose of a second chamber in a non-federal state? • Function > election? • Democracy less important because Lords doesn’t choose, maintain or remove Govt & not involved in finance? • Dual democratic legitimacies? • Deadlock vs rubberstamp? • Does present Lords show election unnecessary for upper chamber to check Govt and have legitimacy?

  15. What are the main arguments for and against Lords Reform?

  16. Parliamentary Scrutiny • Broader question: how effective are parliamentary checks on the executive? • Debates on Lords reform: praise for Lords’ scrutinising role • Strengthen Commons select committees? • But major barrier to parliamentary scrutiny = whipping system and party loyalty • Some evidence of greater willingness of backbench MPs to rebel against Govt

  17. Electoral Reform for Commons • Parliament weak because 2-party system • … which derives from FPTP electoral system • PR  Coalition Govts • Scotland/Wales • Executive more answerable to legislature • Problem for reformers: Labour & Tories not (usually) interested in PR – prefer single-party majority Govts

  18. Seat-Vote Differentials in UK General Elections, 1964-2005 Note: Vertical axis measures (% seats won) minus (% votes won). Figures above zero indicate ‘unearned’ seats in parliament; figures below zero indicate ‘deprivation’ of seats; zero indicates perfect proportionality.

  19. Jenkins Report 1998 • Labour manifesto 1997 – electoral reform • Terms of Reference of Jenkins Committee • Keep constituency link • Strong Govt • Broad proportionality • Extend voter choice • Recommended AV+ • Voters have 2 votes • AV in constituencies – MPs win 50% + 1 votes • Top-up MPs elected on regional lists (list PR element) • Top-up MPs = 15-20% (bit more proportional than FPTP) • Illegitimate? – Lab-Lib Dem stitch-up? • Never implemented

  20. Conclusion • Major check on executive would be electoral reform – referendum promised in Labour’s next manifesto • Lords reform is secondary by comparison… • … but still important • UK’s bicameralism strong in 1900, weak in 1980s, but somewhat stronger in 2009 – Lords enjoys greater legitimacy today

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