🇬🇧UK Constitution and Government Unit 4 – Parliament: The Legislative Branch

What's Parliament All About?

• Parliament serves as the legislative branch of the UK government, responsible for creating and amending laws
• Consists of two houses: the House of Commons and the House of Lords, each with distinct roles and responsibilities
• Acts as a check on the executive branch (the government) by scrutinizing its actions and holding it accountable
• Represents the interests of the British people, with MPs elected to the House of Commons through a democratic process
• Plays a crucial role in debating and discussing issues of national importance, such as the economy, healthcare, and foreign policy
• Maintains the UK's constitutional monarchy system, with the monarch formally opening Parliament and giving royal assent to bills
• Upholds the principle of parliamentary sovereignty, meaning that Parliament is the supreme legal authority in the UK

Structure and Key Players

• The House of Commons is the lower house of Parliament, consisting of 650 elected Members of Parliament (MPs)
  • MPs are elected through a first-past-the-post system in single-member constituencies
  • The party with the majority of seats in the House of Commons forms the government, with the leader becoming the Prime Minister
• The House of Lords is the upper house of Parliament, consisting of appointed and hereditary peers
  • Peers are appointed by the monarch on the advice of the Prime Minister, often based on their expertise or contributions to society
  • The House of Lords acts as a revising chamber, scrutinizing and amending bills passed by the House of Commons
• The Speaker of the House of Commons presides over debates and maintains order in the chamber
• The Lord Speaker fulfills a similar role in the House of Lords, though with less authority compared to the Commons Speaker
• Party whips are responsible for ensuring that MPs and peers vote in line with their party's position on key issues
• The Leader of the Opposition leads the largest opposition party in the House of Commons and holds the government accountable during Prime Minister's Questions (PMQs)

How Laws Are Made

• The law-making process in Parliament typically begins with a bill, which can be introduced by the government (public bill) or by individual MPs or peers (private member's bill)
• Bills go through several stages in both the House of Commons and the House of Lords, including:
  • First reading: the bill is formally introduced without debate
  • Second reading: MPs or peers debate the general principles of the bill
  • Committee stage: a smaller group of MPs or peers scrutinizes the bill in detail and proposes amendments
  • Report stage: the amended bill is debated and further amendments may be proposed
  • Third reading: the final version of the bill is debated and voted on
• If a bill is approved by both houses, it is sent to the monarch for royal assent, at which point it becomes an Act of Parliament (law)
• In case of disagreements between the two houses, the Parliament Acts of 1911 and 1949 allow the House of Commons to override the House of Lords under certain conditions
• Delegated legislation, such as statutory instruments, can be created by ministers under powers granted by an Act of Parliament to implement or update laws more efficiently

Powers and Limitations

• Parliament has the power to create, amend, and repeal laws that apply to the entire United Kingdom or specific parts of it (devolved regions)
• It can scrutinize the actions of the government through various means, such as parliamentary questions, debates, and select committees
• Parliament controls the government's finances by approving the annual budget and authorizing taxes and expenditure
• It can express no confidence in the government, potentially triggering a general election or a change of government
• However, Parliament's powers are limited by several factors:
  • The UK's membership in the European Union (until Brexit is completed) means that some laws are made at the EU level
  • Devolution has transferred certain powers to the Scottish Parliament, Welsh Parliament, and Northern Ireland Assembly
  • The Human Rights Act 1998 requires UK laws to be compatible with the European Convention on Human Rights
• The House of Lords' powers are limited by the Parliament Acts, which restrict its ability to delay or block legislation passed by the House of Commons

Relationship with Other Branches

• Parliament interacts with the executive branch (the government) through various mechanisms:
  • The Prime Minister and most cabinet ministers are drawn from the House of Commons and are accountable to Parliament
  • MPs can ask questions to ministers during departmental question times or PMQs to hold them accountable
  • Parliamentary select committees conduct inquiries into the work of government departments and make recommendations
• The judiciary interprets and applies the laws passed by Parliament, ensuring they are compatible with other legal principles (rule of law)
  • However, the doctrine of parliamentary sovereignty means that courts cannot overturn primary legislation passed by Parliament
• The monarch has a ceremonial role in Parliament, such as opening new sessions and giving royal assent to bills
  • By convention, the monarch acts on the advice of the Prime Minister and does not exercise personal political power

Parliamentary Traditions and Procedures

• Parliament is steeped in traditions and customs that have evolved over centuries, such as:
  • The State Opening of Parliament, where the monarch delivers the Queen's Speech outlining the government's legislative agenda
  • The use of ceremonial maces in both houses to symbolize their authority
  • The practice of referring to MPs and peers as "honourable" or "right honourable" members
• Debates in Parliament follow strict rules and procedures, with the Speaker maintaining order and ensuring that MPs and peers adhere to them
  • MPs and peers must speak through the Speaker and address their comments to the chair, not directly to each other
  • The use of unparliamentary language (insults or offensive terms) is prohibited and can result in disciplinary action
• Voting in Parliament is done through various methods, such as:
  • Voice votes, where MPs or peers shout "aye" or "no" to indicate their support or opposition
  • Division votes, where members physically walk through lobbies to have their votes recorded
• The timing and scheduling of parliamentary business are determined by the government, with the opposition allocated certain days to discuss topics of their choice

Current Issues and Debates

• Brexit has dominated parliamentary debates in recent years, with MPs and peers discussing the terms of the UK's withdrawal from the European Union and its future relationship with the bloc
• The COVID-19 pandemic has led to changes in parliamentary procedures, such as the introduction of hybrid sittings and remote voting, to ensure the safety of members and staff
• Calls for parliamentary reform have grown in recent years, with proposals such as:
  • Reducing the size of the House of Commons to make it more efficient
  • Replacing the House of Lords with an elected second chamber to increase its legitimacy
  • Introducing more proportional voting systems to better reflect the public's preferences
• The role of Parliament in scrutinizing trade deals and international agreements post-Brexit has come under scrutiny, with demands for greater transparency and accountability
• Devolution and the future of the Union have become pressing issues, with the Scottish National Party (SNP) pushing for a second independence referendum and increased powers for the devolved parliaments

Why It Matters for UK Politics

• Parliament is the cornerstone of the UK's democratic system, ensuring that the government is accountable to the people through their elected representatives
• The laws and policies passed by Parliament have a direct impact on the lives of British citizens, from healthcare and education to taxation and social welfare
• Parliamentary debates and scrutiny help to inform the public about important issues and ensure that different perspectives are heard and considered
• The relationship between Parliament and the other branches of government (executive and judiciary) is crucial for maintaining the balance of power and upholding the rule of law
• The traditions and procedures of Parliament, while sometimes seen as archaic, help to maintain a sense of continuity and stability in the UK's political system
• Reforms and modernization efforts are necessary to ensure that Parliament remains relevant and effective in the face of changing social, economic, and political circumstances
• Engaging with Parliament, whether through voting, petitioning, or contacting MPs, is an essential part of active citizenship and helps to shape the future of the UK