Controlling the Parliament and the House of Commons 'The government controls parliament but it cannot always rely on getting its own way.' A tendency to ignore the protestations and activities of parliament in issuing central, top-down directives and 'memos' is a criticism often levied at Tony Blair's Labour administration. It is seen to signify a consolidation of executive power, often represented in the media as control-freakery on the part of the Prime Minister. Although any apparent increase in the power of the executive would be accentuated by the immense size of the 179 seat Labour majority, the present government is widely seen to have taken up a continuing trend towards centralised government, often revolving around Downing Street. It is perhaps largely the power of Blair's mandate in conjunction with the vice-like control of the party whips over MPs that has led to comments such as that of Lord Hailsham that we live under an "elective dictatorship." The power of the executive however, is based on long-standing constitutional principles and practise. The concept of 'Queen in Parliament' has long been used to describe the legislative sovereign created in the fusion of parliament and the executive. The executive has come to govern through parliament, requiring in effect its assent for legislation, while drawing from it, as the nation's chief representative body, the legitimacy it requires to sustain its authority. It comes as a surprise to many, given the ostensible thirst for power of the Blair administration, that since coming into power in 1997 it should have undertaken admittedly moderate reforms with the aim... ... middle of paper ... ... to hold the government to account - if it were able to tie it down to its mandate - but the government's domination of parliament has led it to control parliament's means of scrutiny and opposition. Among them, select committee powers, the time allocated to government scrutiny and the success of Private Member's Bills are all subject to the government's patience with them. Indeed it is largely due to governments' compliance with 'the rules' of British parliamentary government - the uncodefied conventions of our constitution that demand the ability of parliament to hold government to account - that parliament retains any real powers of scrutiny at all. The government is bound to constitutional moderateness by its need to keep the electorate onside: only in this context can government ever expect not to get its own way.
In Canada there are three branches of government: the executive branch which enforces Canadian laws and carries out government business; the legislative branch which debates and passes laws; and the judicial branch which interprets the laws and dictates how punishment should be carried out. In parliamentary government the executive branch is drawn from the legislative branch and is responsible to it. The responsibility lies in the fact that the government must have the confidence (or majority support) of the House of Commons in order to remain in power and this confidence is assured through party discipline; in other words, the party expects their Members of Parliament (MP’s) to vote the way the party votes.
Cases on the foundations of a constitutional order, such as parliamentary sovereignty, tend to be rare in any event. But what makes R (Jackson) v. Attorney General [2005] U.K.HL. 56; [2006] 1 A.C. 262 a significant case, is the dicta regarding constitutional issues mentioned by the judges in relation to parliamentary sovereignty. The discussions of the central issues in the case are in many ways constitutionally orthodox, treating the primary concerns as that of statutory interpretation and adopting a literal interpretation of the 1911 Act. By contrast, the discussion of the wider issues suggest that the judiciary may have support for what could be classed as unorthodox opinions on the doctrine of parliamentary sovereignty. The concept of parliamentary sovereignty is to be considered as a mere ideology in the eyes of the legislature, as the modern day practical sovereign parliament is far from that of the theory.
The original Parliamentary System was created in Great Britain. This form of government includes a leader known as a prime minister, usually from a legislative party. The prime minister then selects a cabinet from their legislative majority party. Their objective is to focus on the daily operations caused by the government’s bureaucracy. The parliamentary government is in charge of initiating and passing all legislation created. The advantages of this system is that there is a unified government, there is no veto power, and the party is responsible for the decisions, consequences or rewards of policies that are passed. The Cabinet must “maintain the confidence” of parliament. Some disadvantages of this method is that divided governments are Constitutionally impossible to control. In addition to that, power is from this system falls all on the Prime Minister and Cabinet. They rule with the entire trust of parliament on them. If something goes wrong, it’s solely their
There were many reasons why between 1830 and 1832 parliamentary reform became a big and unyielding issue on the political landscape. The industrial revolution was in full swing, discontent was rife and consequently revolutionary ideas were materialising. But how did the parliamentary reform gain momentum and become such a significant matter among so many other pressing conflicts and issues?
One of the most influential and celebrated scholars of British consistutional law , Professor A.V Dicey, once declared parliamentary soverignity as “the dominant feature of our political insitutions” . This inital account of parliamentray soverginity involved two fundamental components, fistly :that the Queen-in-Parliament the “right to make or unmake any law whatever” and that secondly “no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.” . However this Diceyian notion though an established principle of our constitution now lies uneasy amongst a myriad of contemporary challenges such as our membership of the European Union, the Human Rights Act and a spread of law making authority known as ‘Devolution’. In this essay I shall set out to assess the impact of each of these challenges upon the immutability of the traditional concept of parliamentary sovereignty in the British constitution.
... idea of Parliamentary Sovereignty: The Controlling Factor of Legality in the British Constitution’ (2008) OJLS 709.
Conservative Dominance in British Politics There are many different factors which contributed to the Conservative dominance of the period between 1885 and 1905. For one, the electoral reform of Gladstone's second ministry had a large effect on the Conservatives period in office as did the skill of Salisbury as a leader. The role that the government took in terms of its policies and foreign policy, and the nature of support for the party also played important roles in the conservative dominance. This is because the Conservatives lost working class support during its ministry, yet still managed to dominate politics for nearly twenty years.
Exploring To Which Extent the Parliament is Supreme There are two sides to this argument, one obviously defending that Parliament is Supreme in the law making process, and has utmost authority, the other stating the constraints on Parliament and there it is not supreme. Within Britain, parliament is the supreme law making body. The idea behind this is that the people select parliament and, therefore, the people make the law. We describe this as PARLIAMENTARY SOVEREIGNITY, That is to say that Parliament is the highest power in the land, and shall not be challenged. An example that shows parliamentary supremacy is Cheney .vs.
Since the 1950s there has been a rise in the power of the Prime Minister, specially Crossman in 1962 and Benn, who in 1979 referred to “a system of personal rule in the very heart of our Parliamentary democracy”. As Britain has remained the “world’s most successful representative democracy”. The role of the executive has significantly increased at a great deal since the end of World War 2, however, the outward dangers of a supplementary individual hegemony attached to the Prime Minister shouldn’t be overemphasized. Although the modern examples of Margaret Thatcher and Tony Blair whose styles of leadership have each been labelled as presidential. In this essay I will be assessing the four main prime minister’s power and if his or her powers constrained under the British system. For instances, the power of patronage, cabinet power, the party leadership and the mass media. These are four main factors of the prime minister and its effectiveness can be argued.
On one hand, political constitutionalists argue that parliamentary sovereignty is the underlying principle in the British constitution as power and law making are bo...
The United Kingdom is formally called “United Kingdom of Great Britain and Northern Ireland.” Government in the United Kingdom is considered to be Parliamentary. Although it is parliamentary, it is also described as being “majoritarian.” Parliament in the UK works a little different than the United States; the people of the U.S. are allowed to elect their president. In the parliamentary system the people elect who will be in the legislature, and the legislature then selects who the next prime minister will be. Then, once the prime minister is selected he choses members of the cabinet. This system creates a quick and easy political decision-making by popular majority. In this essay we will discuss the strengths and limitations the majoritarian government of the UK. One of the strengths of majoritarian government is perhaps that it is the fastest to pass or veto legislation, however there are limitations or weaknesses also like it lacks checks and balances from the House of Lords, and the disadvantage that the smaller parties have when it comes to elections, and not having a set calendar date for elections.
Historically the prerogative was exercised by the monarchy, the majority of powers are now used by ministers, and very few remained the personal preserve of the sovereign. The extent to which the judiciary and the legislature are able to regulate the exercise of prerogative powers by the executive has increased. However, there are still some who are concerned by the lack of control that can be exerted by the other constitutional bodies.
Past forms of representative government have become extinct or severely troubled because of numerous weaknesses. The first problem of representative government that the cabinet system seeks to reconcile is the lack of cooperation between executive powers and legislative powers. This can happen when different parties control each branch of the government. This paralysis of government is seen as a danger to the cabinet system. Lack of cooperation can also occur because people of a country look to the executive as the leader, but he can often not have any power as a result of lack of cooperation from the legislative powers. Overall, there is a lingering inclination in representative government for the powers to become dissonant, thus rendering government unable to take any action. The cabinet system sees this gridlock as an entirely avoidable evil.
and the second is a free vote, this is when MPs are allowed to make up
It is well known that the British political system is one of the oldest political systems in the world. Obviously, it was formed within the time. The United Kingdom of the Great Britain and Northern Ireland is the constitutional monarchy, providing stability, continuity and national focus. The monarch is the head of state, but only Parliament has the right to create and undertake the legislation. The basis of the United Kingdom’s political system is a parliamentary democracy. Therefore, people think the role of the Queen as worthless and mainly unnecessarily demanding for funding, but is it like that?