4.1 The structure and functions of Parliament
3 min read•august 16, 2024
Parliament is the heart of UK democracy, where laws are made and the government is held accountable. It's split into two parts: the with elected MPs, and the with appointed members.
Both chambers work together to make laws, but the Commons has more power. Parliament also keeps an eye on the government, controls spending, and represents the people's interests. It's a busy place where big decisions are made.
UK Parliament's Structure
Bicameral Composition
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- UK Parliament comprises two chambers House of Commons and House of Lords forming the Houses of Parliament
- House of Commons functions as elected lower chamber with 650 Members of Parliament (MPs) representing UK constituencies
- House of Lords operates as unelected upper chamber containing ~800 members including Life Peers, Hereditary Peers, and Bishops
- House of Lords underwent significant reforms in 1911, 1949, and 1999 altering power and membership structure
Legislative Process and Chamber Interaction
- Both chambers participate in legislative process with typically originating in Commons before Lords scrutiny
- Lords scrutinize and potentially amend bills passed by Commons
- of 1911 and 1949 govern relationship between chambers limiting Lords' power to block Commons
- Acts allow Commons to pass certain bills without Lords' consent after specified delay periods (1 year for most bills, 1 month for money bills)
Parliament's Functions in the UK
Legislative and Representative Roles
- Parliament , amends, and passes laws governing United Kingdom
- MPs in House of Commons represent constituents' interests at national level
- MPs advocate for local concerns, raise issues in debates, and assist with individual cases (casework)
- Parliament serves as national platform for discussing important issues shaping public opinion (Brexit debates, climate change discussions)
Executive Oversight and Government Formation
- Parliament holds government accountable through various mechanisms
- weekly sessions for MPs to directly question PM
- Select Committees investigate specific policy areas or government departments
- Debates on government policies and actions
- Largest party or coalition in House of Commons forms government
- Prime Minister typically leads largest party in Commons
- Opposition parties form Shadow Cabinet to scrutinize government policies
Financial Control and Constitutional Responsibilities
- Parliament approves or rejects government spending plans and taxation measures
- Annual Budget process involves presenting financial plans to Commons
- implement tax changes proposed in Budget
- Parliament ratifies international treaties and approves major constitutional changes
- Approved UK's entry into European Economic Community in 1973
- Passed European Union (Withdrawal) Act 2018 for Brexit process
Parliamentary Sovereignty
Core Principles and Legal Supremacy
- Parliamentary establishes Parliament as supreme legal authority in UK
- Parliament possesses power to create or repeal any law without external constraints
- No Parliament can bind its successors allowing flexibility in UK's uncodified constitution
- Courts traditionally cannot overturn legislation passed by Parliament
- introduced limited form of judicial review
- UK Supreme Court can issue "declarations of incompatibility" for laws conflicting with European Convention on Human Rights
Modifications and Challenges to Sovereignty
- UK's former EU membership challenged absolute parliamentary sovereignty
- gave EU law primacy over UK law in certain areas
- (2017) reaffirmed Parliament's role in triggering Article 50 for Brexit
- Devolution to Scotland, Wales, and Northern Ireland created system of shared sovereignty
- , , and have powers in specific policy areas (health, education)
- Parliamentary sovereignty balances against other constitutional principles
- Rule of law ensures government acts within legal boundaries
- divides authority between executive, legislative, and judicial branches
International Implications
- Parliamentary sovereignty impacts UK's relationship with international law and organizations
- Dualist legal system requires Parliament to incorporate international treaties into domestic law
- Debates surrounding European Convention on Human Rights and potential UK withdrawal
- Concept distinguishes UK from countries with codified constitutions and strong judicial review
- US Supreme Court can strike down laws as unconstitutional
- UK Parliament retains ultimate authority to change or override any law
Key Terms to Review (25)
Accountability: Accountability refers to the obligation of individuals or organizations to report, explain, and be answerable for the consequences of their actions. It plays a crucial role in ensuring that public officials and institutions act in the best interest of citizens and operate transparently, which is vital for the functioning of a democratic system.
Bicameral composition: Bicameral composition refers to a legislative structure consisting of two separate chambers or houses that collaborate to create laws and make decisions. In the context of Parliament, this structure allows for a more comprehensive representation of the electorate, ensuring that different perspectives are considered in the law-making process. The two houses typically include a lower house, which represents the population directly, and an upper house, which may represent specific regions or interests.
Bills: Bills are formal proposals for new laws or amendments to existing laws that are presented for debate and approval within Parliament. They play a crucial role in the legislative process, as they must be passed by both Houses of Parliament and receive royal assent before becoming law. Understanding how bills function within Parliament is key to grasping the broader legislative framework and the interactions between different branches of government.
Chancellor: The Chancellor is a high-ranking official in the UK government responsible for overseeing the Treasury and managing the nation's finances. As a key member of the Cabinet, the Chancellor plays a vital role in formulating economic policy, preparing the annual budget, and addressing fiscal matters within Parliament, making their position crucial in shaping both domestic and economic governance.
Debates: Debates are formal discussions where opposing arguments are presented regarding a specific topic or proposal. In the context of Parliament, debates are crucial for scrutinizing legislation, facilitating public discourse, and allowing Members of Parliament (MPs) to express their views and represent their constituents' interests.
European Communities Act 1972: The European Communities Act 1972 is a significant piece of legislation that facilitated the United Kingdom's entry into the European Economic Community (EEC), which later evolved into the European Union (EU). This act integrated EU law into UK law, establishing a framework for the relationship between the UK and European institutions, while impacting the structure of Parliament, the rule of law, and parliamentary sovereignty.
Finance bills: Finance bills are a specific type of legislation in the UK Parliament that deal primarily with government taxation and public expenditure. They are crucial for implementing budgetary measures and authorizing financial provisions, thus playing a significant role in the fiscal framework of the government. Typically introduced by the Chancellor of the Exchequer, these bills must be passed to ensure the government's financial plans and commitments can be executed effectively.
Great Reform Act: The Great Reform Act of 1832 was a pivotal piece of legislation that significantly changed the electoral system in the United Kingdom, expanding the franchise and redistributing parliamentary seats. This act addressed the growing demand for political reform by increasing representation for urban areas and reducing the influence of 'rotten boroughs', which were sparsely populated constituencies that held disproportionate power in Parliament.
House of Commons: The House of Commons is the lower house of the Parliament of the United Kingdom, consisting of Members of Parliament (MPs) elected by the public. It plays a crucial role in shaping legislation, debating political issues, and holding the government accountable through various processes, including questioning ministers and scrutinizing bills before they become law.
House of Lords: The House of Lords is the upper chamber of the Parliament of the United Kingdom, comprising appointed members known as Lords. This chamber plays a critical role in the legislative process by reviewing and amending proposed legislation, providing expertise, and acting as a revising body. Its functions include scrutinizing bills and offering insights that can lead to changes in legislation before it becomes law.
Human Rights Act 1998: The Human Rights Act 1998 is a piece of legislation in the United Kingdom that incorporates the rights contained in the European Convention on Human Rights (ECHR) into UK law. This act allows individuals to seek justice in UK courts for breaches of their rights as outlined in the ECHR, thereby enhancing the protection of civil liberties and individual rights within the framework of the UK's constitution.
Legislation: Legislation refers to laws that are enacted by a governing body, usually through a formal process of proposal, debate, and approval. It serves as the foundation for governance, influencing various aspects of society, including rights, duties, and the structure of government itself. Legislation can originate from different sources and is crucial for the functioning of political institutions and the protection of individual rights.
Miller Case: The Miller Case refers to the landmark legal case of R (Miller) v Secretary of State for Exiting the European Union, which was decided by the UK Supreme Court in 2017. This case addressed the constitutional requirements for triggering Article 50 of the Treaty on European Union, ultimately establishing that Parliament must approve the decision to initiate the Brexit process, thereby underscoring the significance of parliamentary sovereignty and the relationship between government and Parliament.
MP: An MP, or Member of Parliament, is an elected representative in the UK Parliament who represents a specific constituency. They play a crucial role in the legislative process, participating in debates, voting on laws, and holding the government accountable. MPs are essential to the functioning of Parliament as they bring the voices and concerns of their constituents to the national stage, influencing decision-making and policy formation.
Northern Ireland Assembly: The Northern Ireland Assembly is a devolved legislature established to govern Northern Ireland, functioning since its creation in 1998 under the Good Friday Agreement. It plays a key role in the region's political framework, allowing local representatives to make decisions on various issues while maintaining a relationship with Westminster.
Parliament Acts: Parliament Acts are legislative procedures in the UK that allow certain types of legislation to be passed without the approval of the House of Lords, typically when the Lords have rejected a bill on multiple occasions. This mechanism serves to ensure that the elected House of Commons retains its supremacy in the legislative process. By streamlining the law-making process, the Parliament Acts help maintain a balance between the two houses while emphasizing the democratic mandate of the Commons.
Prime Minister's Questions: Prime Minister's Questions (PMQs) is a weekly parliamentary session in the UK where the Prime Minister answers questions posed by Members of Parliament (MPs). This event occurs every Wednesday when the House of Commons is in session, allowing MPs to hold the Prime Minister accountable and scrutinize government policies. PMQs plays a significant role in the functioning of Parliament as it promotes transparency and engages the public in political discourse.
Public bill committee: A public bill committee is a temporary parliamentary committee established to examine the details of a proposed piece of legislation, also known as a bill. These committees play a crucial role in scrutinizing and amending bills before they proceed to the next stages in Parliament, thus ensuring thorough evaluation and input from Members of Parliament (MPs). Each public bill committee is formed specifically for a single bill, allowing for focused discussions and detailed examination of its provisions.
Quorum: A quorum is the minimum number of members required to be present at a meeting or gathering in order for decisions to be validly made. This concept is crucial in parliamentary settings, as it ensures that a sufficient number of representatives participate in discussions and decisions, thereby legitimizing the outcomes. Establishing a quorum helps maintain order and accountability in legislative processes, ensuring that actions taken reflect the will of a representative portion of the body.
Scottish Parliament: The Scottish Parliament is a devolved legislature established in 1999 that represents the interests of the people of Scotland and has the authority to legislate on a range of domestic issues. It plays a crucial role in the governance of Scotland, working alongside the UK Parliament at Westminster, and highlights the complexities of devolution in the UK.
Select committee: A select committee is a specialized group formed by either House of Parliament to conduct detailed investigations and inquiries into specific issues or policies. These committees play a critical role in scrutinizing the work of the government, examining legislation, and holding public inquiries, thereby enhancing transparency and accountability within the political system.
Separation of powers: Separation of powers is a governance model that divides the responsibilities and powers of government into distinct branches to prevent any one branch from exerting too much power. This principle helps maintain a system of checks and balances, ensuring that each branch—legislative, executive, and judicial—operates independently while also holding one another accountable.
Sovereignty: Sovereignty refers to the ultimate authority and power of a state to govern itself without external interference. This concept is crucial in understanding the dynamics of political power, particularly in relation to the relationships between different levels of government and how authority is exercised within a state.
Welsh Assembly: The Welsh Assembly, officially known as the Senedd, is the devolved legislature of Wales, responsible for making decisions on a range of domestic issues such as health, education, and local government. Established in 1999, it symbolizes the impact of devolution on the UK constitution, enhancing the governance and representation of Welsh interests while altering the relationship between the UK Parliament and its constituent nations.
Whipping: Whipping refers to the practice used by political parties in Parliament to ensure that their members vote in line with party policies and directives. This system is crucial for maintaining party discipline, as it helps to coordinate voting and promote unity among party members, which ultimately strengthens their ability to pass legislation and implement their agenda.