5 The constitution Source questions 1 With reference to the source, identify two constitutional reforms together with how they were designed to improve the constitution. Include two of the following:
4 Assess the arguments in favour of introducing a codified constitution in the UK. Include the following arguments with some evaluation:
The nature of Parliament: Parliament is bicameral, meaning it has two chambers with distinctive membership and functions: House of Commons · It is made up of 650 MPs elected in constituencies. · MPs represent the interest of their constituents and constituencies. · The majority (either a single party or coalition) in the Commons form the government. · Members of the government make up the government front bench. · The senior members of other parties make up the opposition front benches. · MPs not on the front benches are known as backbenchers. · These are departmental and other select committees that question ministers, civil servants, officials and other representatives with a view to investigating and evaluation the work of government departments. · These are legislative committees that look at proposed legislation with a view to improving it through amendments. · Each party in Parliament has whips that inform members and business, maintain party discipline and act as channels of communication between party leaderships and backbench MPs. · The government from bench controls most of the parliamentary agenda. · A neutral ‘Speaker’ presides over its proceedings. House of Lords · The House of Lords is known as the ‘upper house’, but is actually the junior partner of the Commons. · Its membership consists of 92 hereditary peers who have inherited their title, 26 archbishops of the Church of England, and several hundred life peers who have the right to sit in the Lords their whole life. · The Lords has legislative committees but not departmental select committees. · As well as party members, the Lords contains ‘crossbenchers’ who are not affiliated to any party and so are highly independent. · No one party has a majority in the Lords. · A neutral ‘Lord Speaker’ presides over its proceedings. Bicameralism describes a situation where parliament has two chambers. The UK is bicameral. Parliament is also known as the legislature. A parliament is a body that has several roles, including legitimising legislations, passing laws, scrutinising and amending legislation, calling government to account, representing voters and other groups, and controlling government power. The UK Parliament has sovereignty – ultimate power. The Scottish Parliament performs a similar role in Scotland but is not sovereign. The functions of Parliament: Joint functions of both Houses (Commons & Lords) · Granting formal approval for legislation. · Calling government to account. · Scrutinising legislation & proposing amendments. · Debating key political issues. Functions of the Commons · Representing constituencies and constituents. · MPs may seek the redress of grievances of citizens and groups. · Vetoing legislation in extreme circumstances when it is considered against the national interest. · Removing a government from power if it has lost its legitimacy. Functions of the Lords · Delaying legislation for at least a year in order to force government to reconsider it. · Representing various interests and causes in society. · Proposing amendments to legislation in order to improve it and protect minority interests. Accountability is the device whereby the government is accountable to Parliament, meaning it must make itself available for criticism and must justify its policies to Parliament. Ultimately, the government may be removed by Parliament. Accountability can also refer to the fact that elected representatives are answerable to their electorates. The Westminster mode is a description of the British central political system, which is used more rarely today. It describes the fact that Parliament is the central representative body, that all power flows from Parliament and that the government is accountable to Parliament. It also means that members of the government have to be drawn from Parliament. Parliamentary Government: · There is no separation of powers between the government and Parliament. · Government draws its authority from Parliament, not directly from the people. · Government is not separately elected from Parliament. · Government is accountable directly to Parliament. · Members of the government must sit in the legislature. Presidential Government: · The executive and legislative branches of government are separate. · The president is elected separately from the legislature. · The president does not sit in the legislature. · The president is accountable to the people, not the legislature. · There a constitutional rules that establish the limits of the president’s powers. Representative and responsible government is a description of the British policy which simply suggests that the people are represented by both Parliament and government, and that government is constantly help responsible for its action by Parliament. Government and Parliament: Why the government dominates Parliament It is normally stressed that the executive branch in the UK (the government) dominated Parliament. There are a number of reasons why this may be so: · The government can claim a mandate from the people for its policies when it is elected to Power. Parliament, therefore, lacks legitimate right to ignore the mandate and tends to accept the government’s right to govern. · Governments normally enjoy a clear majority support in the Commons (the 2010 election was an exception, but a majority coalition was formed instead of a one-party majority). This means the government can normally count on the majority support. · The MPs of the governing party were elected on the understanding that they would help to implement the party manifesto. On the whole, therefore, the MPs of the governing majority will normally support the government. · Part loyalty is strong in the UK compared to many other democracies. · Patronage is a key factor. Most MPs seek promotion to government at some time. By remaining loyal they improve their chances of promotion. All government posts are in the hands of the prime minister, so the exercise a great deal of influence over ambitious MPs. This is known as the ‘power of patronage’. · Governments (as well as opposition parties) use whips, who are senior MPs, to maintain party discipline and to remind MPs where their first loyalty lies. Rebellious MPs receive warnings and then may suffer suspension from their party. · The House of Lord’s influence is limited by statue and convention. The Parliament Act 1949 limits the Lords to only being able to delay legislation for 1 year. It cannot block government proposals permanently. Any amendments to legislation must also be approved by the Commons, where the government enjoys a majority. Furthermore, the Lords has no power in interfere in financial matters (under the earlier 1911 Parliament Act). The Salisbury Convention is considered to be binding and stated that the Lords must not obstruct any government proposal that was contained in its most recent manifesto. In other words, the unelected Lords must no defy the will of the elected government. Separation of powers is the principle that the powers of the executive and the legislature should be firmly separated. This is in order that they can control each other’s power though a system of checks and balances. There is no such separation of powers in the UK. Fusion of powers is in many ways the opposite of the separation of powers. It means that there is overlap between the executive and the legislature. In practice the executive (government) dominates the legislature (Parliament). It also means that members of the government and also members of Parliament. Ways in which Parliament can control the government On the other hand, government does not have it all its own way. Parliament can control government in a number of ways: · Ultimately Parliament is sovereign. This means it can veto legislation of it believed it is not in the public interest and/or the government had legitimate mandate for the proposal. · In extreme circumstances the Commons can remove a government through a vote of no confidence. · Parliament has the power to amend legislation to improve it or remove offending clauses. · Governments cannot hope to override significant parliamentary opposition to a proposal. · The Lords retains independence because there is no government majority there and patronage is weaker. It can therefore defy the will of government. · MPs and peers can call government to account publicly. · Powerful departmental select committees can be, and have been, critical of government. Parliamentary committees Much of the work of Parliament is conducted in committees. The main committees are shown below, together with their work and status: Departmental select committees (House of Commons) · Normally consist of 11-13 backbench MPs · Oversee the work of government departments · Can question ministers, civil servants, advisers and other witnesses of call for official papers · Produce reports that are often unanimous and cross party line · Have often been critical of government’s work and are influential Public Accounts Committee (APC) (House of Commons) · Is always chaired by an opposition backbencher · Investigated the financial aspects of government · Is highly influential and often critical Parliamentary committees continued Legislative Committees (House of Commons and Lords) House of Commons: · Usually consist of 15-40 backbench MPs · Consider possible amendments to proposed legislation · Always have a government majority · Rarely pass amendments against government wishes · Are seen as largely ineffectual expected where an issue is not controversial between the parties House of Lords: · Contain 15+ members · Often contain peers who are experts on the issue being legislated · Are subject to weaker party discipline that the Commons · Often pass significant amendments to improve legislation and/or protect minorities · Often defy the government’s wishes · Make amendments that are subject to approval in the commons, so their power is weakened · Do sometimes force the government to change its mind Parliament defying the will of the government. Occasion Detail 1979 vote of no confidence The labour government under prime minister James Callaghan was removed prematurely from office after a sustained period of industrial unrest and economic problems. 1986 Shops Bill The only time in Margaret Thatcher’s period in office that her government lost a vote on a major piece of legislation. The Shops Bill was a proposal to allow more shops to open for trading on a Sunday. The government underestimated the strength of opposition within the Conservative party. 1994 VAT rise defeated John Major’s government was defeated in the Commons over a proposal to raise the rate of VAT on fuel and energy. 2005 detention of terrorist suspects Tony Blair’s attempt to extend the period that terrorist suspects could be held for questioning without trial to 90 days was defeated in the House of Commons. 2008 detention of terrorist suspects Gordon Brown’s attempt to extend the period of detention to 42 days was defeated in the House of Lords and the government did not attempt to overturn it. 2011 Fixed Term Parliaments Bill defeated The House of Lords defeated the coalition government on the provision to introduce 5-year fixed parliamentary terms permanently. It insisted that the measure would laps after 2015 unless renewed by Parliament. Evaluation of the House of Commons: Representation Positive: · Most MPs are very active in representing the interests of their constituency and of individual constituents. · Many MPs also represent the interests of large associations and pressure groups. Negative: · The Commons is not socially representative. · There are minority of women and few representatives from minority ethnic groups or from smaller religions. · The members are predominantly middle class and from a background in the professions. · Party loyalty also means they tend to toe the party line rather than always representing the national interest or group interests. · The worst aspect is that the party make-up of the Commons does not accurately represent support for the parties among the electorate. · Large parties tend to be over-represented, while small parties are under-represented. This is the result of the first-past-the-post electoral system. Calling government to account Positive: · MPs regularly question ministers at question time sessions. · The Liaison Committee also questions the prime minister twice a year. Ministers are forced, by tradition, to present all policies to the Commons before any other public announcements. · The departmental select committees are extremely active and independent. They examine government business closely and are often critical to good effect. Negative: · Prime Minister’s Question Time has become something of a media sideshow with little relevance to real policy examination. · Many MPs are also reluctant to be critical of ministers of their own party for fear of being seen as disloyal. Scrutiny Positive: · The departmental select committees have proved very effective in scrutinising the policies of government departments and publicising shortcomings or failures. Negative: · MPs are given relatively little time to scrutinise proposed legislation, so laws are often poorly drafted. · Because the legislative committees are whipped into part loyalty, MPs are no independent-minded in scrutiny function. Legislating Positive: · It is a key role of the Commons to make legislation legitimate. · This effectively means that granting consent on behalf of the people. · On the whole this operates well & the laws are generally respected because they have been legitimised in Parliament. · The Commons does retain the power to block legislation that is against the public interest or represents an abuse of power. Negative: · The procedures of Parliament in respect of passing legislation are ancient & considered to inefficient & ritualised. Deliberation Positive: · From time to time the Commons is seen at its best in debates on the great issues of the day: for example: on the war in Iraq, over how to deal with terrorism and on the funding of higher education. Negative: · The commons is given relatively little time for debate on legislation its self, so crowded is its programme. · Furthermore, debates on legislation proposals tend to divide along party lines and so lose their authority. Checking government power Positive: · The commons retains the power to veto legislation & this represents a discipline upon governments. Negative: · Part loyalty and discipline means that many MPs are reluctant to challenge the government. · The government very rarely loses a major vote in the Commons. Evaluation of the House Lords: Representation Positive: · In many ways the lords is more representative than the Commons. · Many sections of society and associations are represented by peers who have special links with them and specific experience and knowledge/ Negative: · The Lords are unelected and so could be said to represent no one because it is not accountable. · It is not socially representative, with a high average age, a shortage of women and ethnic minority member, & few members from working-class origins. Calling government to account Positive: · Peers are more independent-minded than MPs, so they can be more active in their questioning and criticism of ministers. Negative: · There are no departmental select committees in the Lords, so a valuable means by which government can be called to account is missing. Scrutiny Positive: · The legislative committees in the Lords can be more effective than their counterparts in the Commons. · These committees divide much less along party lines and are more independent. · Furthermore, the peers who are members often have special knowledge, expertise and experience in the matters contained in the legislation. Negative: · Though the Lords often does propose legislative amendments, it cannot force them through as they may be overturned by the Commons. Legislating Positive: · Laws must be passed through the Lords to legitimate them. · People can be confident that legislation has been fully scrutinised. Negative: · As an unelected body, the Lords cannot provide legitimation to legislation. Deliberation Positive: · The Lords has two great advantages in deliberating on important issues. · Firstly, it has more time to do so than the Commons. · Secondly, the Lords contains a vast well of knowledge and experience among its members. Negative: · The fact that the Lords have very weak legislating powers means that its debates may be largely symbolic. Checking government power Positive: · As the government cannot control members of the Lords, the House does, from time to time, act in a very independent way. Negative: · Ultimately the government has several ways of by-passing obstruction by the Lords. · The elected government and House of Commons will win out over the unelected Lords. How effective are MPs and peers? |
0 Comments
|