READINGS:NORTON CH 8 AND 9

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Unit 3The British Constitution:

Parliamentary Sovereignty

Election Resources

BBC News h

ttp://news.bbc.co.uk/2/hi/uk_news/politics/election_2010/default.stm

Financial Times http://www.ft.com/indepth/general-election-2010

Guardian http://www.ft.com/indepth/general-election-2010

Times http://www.timesonline.co.uk/tol/news/politics/

Independent http://www.independent.co.uk/news/uk/politics/

UK Polling Report (blog) http://www.ukpollingreport.co.uk

Guiding Questions

What is parliamentarism?

What is the confidence relationship?

What is parliamentary sovereignty?

What is the role of the Commons? Lords?

Separated Powers: Presidentialism

US is a presidential system. Executive and legislative power are separated.

Executive and legislative branches are elected separately (separate origin).

Cabinet members do not sit in the legislative branch.

Both branches are elected for a fixed term.Neither branch can remove the other

except in extraordinary circumstances (separate survival).

President as head of state and head of government.

Fused Powers: Parliamentarism

UK is a parliamentary system. Executive and legislative authority are fused.

Parliament constitutes the legislative branch It is the only directly elected branch.

Prime Minister and the Cabinet (executive branch) come from the legislature (shared origin).

Prime Minister and the Cabinet constitute the executive (collective executive) Cabinet members both make and enact policy.

Prime Minister as head of government; Monarch as head of state.

Terms for the executive and the legislature are not fixedConfidence relationship exists between the executive

and legislative branches (shared survival).

Confidence Relationship

Concept of responsible government defines parliamentary systems.

Governments stay in power until: 1) They lose a vote of confidence 2) The PM dissolves parliament 3) The upper bound of parliament is reached (5 years in the

UK)Legislature possesses authority to vote no

confidence in the executive. Governments must resign if they lose a vote of confidence.

Executive (PM) has powers of dissolution. PM can call for new elections at any time.

Strong party discipline is critical in parliamentary systems.

John Major and Maastricht

Maastricht treaty (EU) split his Conservative party.

Small majority could not suffer many defections (22 rebels on a majority of 18).

Labour and dissidents defeated the government (324-316).

Embarrassing defeat for the government.

John Major and Maastricht

Polls suggested Labour would win a new election. Major knew this.

The next day, Major made the vote on Maastricht a confidence vote. Had he lost, he would

have called new elections.

Vote passed 339-299.

Parliamentary Sovereignty

Term refers to the dominance of parliament vis-à-vis the monarch in the British governmental process. Concept has evolved since the seating of William

and Mary and the passage of the Bill of Rights (1689).

Basis found not by statute but by common law. Dicey: “Parliament…has…the right to make or

unmake any law whatever; and, further, that no person or body is recognized by the law…as having a right to override or set aside the legislation of Parliament”

Parliamentary Sovereignty

Theoretically, parliaments are not bound by previous parliaments. Not so clear cut in practice.

Precedents can impinge on the flexibility of successive governments to overturn legislation (i.e. devolution, votes on committing troops, etc.).

EU law has been cited as a threat to the sovereignty of parliament Remains a strong political issue within the political

system.

The British Parliament

The British Parliament is bicameral.First chamber (lower chamber): House of

CommonsSecond chamber (upper chamber): House

of LordsRise in the prominence of the House of

Commons as the franchise is expanded. Confidence relationship extends only to the

House of Commons NOT to the House of Lords.

House of Commons

646 members; serve for a maximum of 5 years.

Directly elected by SMD.Divided between the

government and the opposition.

Party discipline is extremely high in the Commons.

Government controls budget/policy/agenda MPs support or oppose.

House of Commons

Representation, legislative, and oversight functions common to most legislatures.

Number of MP’s holding their weekly “surgeries” has increased; representation functions increasingly cited as important for MP’s.

1) Debate legislation. Force discussions on legislation. Debates “matter” for forming political reputations. PM is drawn from Commons. Most ministers are drawn from the Commons

2) Government backbench MPs have access to ministers.

3) Publicize issues via local/national media.4) Scrutinize government decision-making.

House of Commons-State of the Parties

Labour 345 Conservatives 193 Liberal Democrats 63 SNP 7 PC 3 Northern Ireland 18 Others 19 GOVN MAJORITY AT ELECTION 2005: 67 GOVN MAJORITY UNDER CURRENT BOUNDARIES: 48

House of Lords

Plays a major role in refining legislationDebates less politically charged.

Provides representation for the Church of England.

Until 2009 also included the highest appeals court. Supreme Court was created in

2009.All bills must be passed by

both chambers of parliament unless the government invokes the Parliament Acts.

The Parliament Acts

House of Lords maintained a strong/absolute veto over all legislation until 1911. Absolute/strong vetoes: Defeat legislation outright. Difficult to justify vetoing the legislation of an elected government.

Parliament Acts of 1911 Gave the Lords a suspensory veto of two years Suspensory veto: Delays but does not directly defeat legislation.

Parliament Acts of 1949 Reduced this suspensory veto to one year.

Parliament Acts do not apply to bills that: 1) Are initiated in the House of Lords 2) Extend the life of the current Parliament 3) Are considered “statutory instruments/delegated legislation”

Process takes a lot of time. Only used four times since 1949

House of Lords-Composition

26 Bishops Serve until 75.

92 Hereditary peers Holdovers from the House of

Lords Act of 1999. Elected by hereditary peers

previously entitled to a seat under the old laws.

23 Law Lords Holdovers from previous system

602 Life peers Appointed by PM or

Commission. Hereditary and life peers serve

for life. Cannot be removed save for

bankruptcy.

House of Lords-State of the Parties

Labour 211Conservative 188Crossbench 182Liberal Democrat 72Bishops 25Other 26Leave of Absence 12No party has a majority in the House of Lords.

Governments are defeated much more frequently in the Lords than in the Commons.

The confidence relationship does not extend into the Lords; defeat on a major piece of legislation does not imply a loss of confidence.

Salisbury Doctrine historically shaped debate within the chamber. Lords will not defeat legislation listed in a governing party’s

manifesto.

Conclusions: House of Lords Reform

Blair government sought to remove the “inbuilt majority” amongst hereditary peers. “Backwoodsmen” were defeating government policy.

Stage One: Removed the automatic right to a seat in the House of Lords upon

attainment of a peerage. Weatherill Amendment

Secret agreement between government and Conservative peers allowing 92 peers to remain until stage two was enacted.

Hereditary vacancies are filled by election; all persons holding peerages are eligible to vote.

Stage Two: Unclear; disagreements over the powers and selection mechanisms for

the reformed chamber. Commons favors an elected chamber; the Lords prefers to remain

appointed. Reform has created a more assertive chamber.

Adherence to Salisbury Convention declining.

Next Unit

Theme: Cabinet GovernmentReadings: Norton CH 4 and 5; Dunleavy CH 3

and 4