Public Law I - Sources of Power PDF

PUBLIC LAW I – SOURCES OF POWER The UK Parliament Dr Tarik Olcay University of Dundee Week 4  LEARNING OBJECTIVES Describe the composition of Parliament and parliamentary terms Explain the functions of Parliament Explain the features of the electoral sy...

PUBLIC LAW I – SOURCES OF POWER The UK Parliament Dr Tarik Olcay University of Dundee Week 4  LEARNING OBJECTIVES Describe the composition of Parliament and parliamentary terms Explain the functions of Parliament Explain the features of the electoral system as well as its pros and cons Critically discuss the democratic credentials of Parliament and the powers of the House of Lords  PARLIAMENT In case of the UK Parliament – proper noun, no definite article – ‘Parliament’ Sits in Westminster, London Bicameral – made up of two chambers House of Commons House of Lords  THE HOUSE OF COMMONS THE HOUSE OF LORDS Elected chamber Unelected chamber Made up of 650 Members of Parliament Made up of around 800 peers (MPs) Life peers, hereditary peers, bishops Each MP represents one of 650 constituencies that make up the UK Can delay (and exceptionally block) legislation Has primacy  FUNCTIONS OF PARLIAMENT Three main functions formation of government government always needs majority in HoC, confidence of HoC holding government to account relationship between executive and legislature – political constitution making laws only Parliament can enact primary legislation Other functions supply personnel of government authorise taxes and spending  PARLIAMENT AND DEMOCRACY Democracy: government of the people by the people Each MP in the House of Commons is elected by their constituency and represents that constituency MPs are democratically accountable to their constituents and need to keep them happy as MPs want to be re-elected (or want their party’s candidate in that constituency elected) in the next elections The focus on constituency is due to the electoral system First-Past-the-Post (FPTP) An explainer by the BBC: https://www.youtube.com/watch?v=cRxUhGetEPQ  ELECTORAL SYSTEM First-Past-the-Post ‘Winner takes all’ The candidate with the most votes wins in each constituency A simple-majority system and ill-equipped to produce electoral results reflecting the proportion of votes cast across constituencies Expected to create single-party majority governments and therefore stability in government—though exceptions such as 2010 and 2017 elections Party Election 1: Election 2: proportion of votes proportion of votes Conservative 100% 34% Labour 0% 33% Liberal Democrat 0% 33% Conservative wins Conservative wins  THE ALTERNATIVE VOTE REFERENDUM 2011 The Alternative Vote (AV) System Voters rank candidates in order of preference (1, 2, 3, and so on) for as many or as few candidates as they wish In first round of counting, all first-preference votes are counted. If one candidate receives over 50% of first-preference votes, then that candidate is elected. If no candidate secures more than 50% of first-preference votes, second round of counting takes place. The lowest-ranking candidate in first counting is eliminated; remaining candidates’ second- preference votes are counted. If on the basis of first- and second-preference votes one candidate secures more votes than the combined total of the remaining candidates, that candidate is elected. If no winner emerges in second counting, next lowest-ranking candidate is eliminated and the process is repeated until one candidate secures a higher quantity of votes than the combined total of the remaining candidates. In the 2011 referendum, British people resoundingly (67.9%) rejected the adoption of the AV system to replace FPTP.  ELECTIONS – PARLIAMENTARY TERMS General elections Determine membership of the HoC & which political party forms the government Normally take place every 5 years unless an early election is called Fixed-term Parliaments Act 2011 was a major reform, but Dissolution and Calling of Parliament Act 2022 reversed that reform  DISSOLUTION AND CALLING OF PARLIAMENT ACT 2022 Repealed the Fixed-term Parliaments Act 2011 (FTPA) FTPA provided for 5-year fixed parliamentary terms and only in exceptional circumstances could an early general election be called (either HoC passing a two-thirds majority or government losing a confidence vote & no new government formed within 14 days) Dissolution and Calling of Parliament Act 2022 reinstated the constitutional situation before the FTPA by reviving the prerogative powers of the monarch to dissolve and summon parliament Now, it is a prerogative power to dissolve Parliament and call an early general election (s 2) If Parliament is not dissolved after five years, it automatically dissolves for a general election on the fifth anniversary of the day on which Parliament first met (s 4) An ouster clause (s 3) makes the exercise of this prerogative power non-justiciable – a response to the Miller II case (prorogation case)  HOUSE OF LORDS Unelected chamber Composition (as of September 2024) 805 members 3 categories of peer 692 life peers conferred by the King on recommendation by PM 88 hereditary peers 25 bishops  HOUSE OF LORDS Less powerful than HoC, but works together with it in making laws Salisbury convention (a constitutional convention) restricts powers of HoL HoL should not reject a government Bill that implements a manifesto pledge as the government has an electoral mandate to advance such a Bill Parliament Acts 1911-49 (legislation) restrict powers of HoL With one exception, HoL cannot block legislation – but can only delay legislation Money Bills (Bills concerning taxation and gov’t spending) – 1-month delaying power Non-money Bills – 1-year delaying power The exception Without the Lords’ consent, HoC cannot pass a Bill that extends parliamentary term beyond 5 years – Parliament Act 1911, s(2)1  JACKSON R (Jackson) v Attorney General UKHL 56, 1 AC 262 Could HoC bypass HoL by enacting two Bills? Act 1 would (without Lords’ consent) repeal Parliament Act 1911, s 2(1) Act 2 would (without Lords’ consent) extend the life of Parliament beyond 5 years Majority (with one dissenting judge): this is not permitted, there is an implied prohibition on enacting a Bill like Act I 1-year delaying power is a significant one gov’t often chooses to reach a compromise with HoL rather than wait for a year