Topic 6: Parliament

 Topic 6: Parliament

Some facts

> England: 13^th C

The Parliament is a very old institution, one of the oldest Parliament in the World. So England is called the Mother of Parliaments.

> Legislature/legislative branch.

> Separation of powers (according to Montesquieu we should have a clear separation of power).

> Checks and balances = système de contre-poids. Legislature – Executive.

Two chambers

There are 2 distincts chambers or Houses:

Parliamentory Democracy

> It's only on the 19^th C that more people can vote, the right to vote was extended. But there was still people who couldn't: if you're poor and don't gave a property: so women and working people.

> 1918 = everybody can vote ! Beginning of vote for women (over 30 at first). Men could vote at age 21. Now it's 18 for everyone.

> General election:

• 5 years max (it can be less)

• 650 MPs

• MP = elected members of the House of Commons

The House of Lords

> Traditional organisation: Lords Temporal = noble men (Baron, Vicount, Marquis, Duke, Prince of Wales) / Lords Spiritual = bishops, archbishops (only 26). A title give you a title and lands. You become a Lord threw your father: herited position in Parliament: we talk about Hereditory Peers (another name for lord).

It's unrepresentative (undemocratic, doesn't represent the people), an aristocratic elite.

> 1958: Life Peers. Just for life, not hereditory. Nominated by the Queen.

> 1963 → Women are able to be peers, before that it was only men. Politicians can become a Lord (like M. Thatcher). People who showed some skill, who have their own field,...

> In the House of Lords there was before 1999:

• Hereditary Peers

• Law Lords (senior judges)

• Bishops / Archbishops (26)

• Life Peers

> The 1999 Reform

→ Issue of herediatary peers, in 21^th C we can't continue thie medival thing. They said “we should eliminate this”, but it's such a big change that some people would have been upset, so we introduced a compromise : a transition phase, keeping a small number until we're ready to eliminate this for good. Still 92 hereditary peers remained.

→ The largest category now is the Life Peers.

→ The main question is: what we want for the House of Lord ? It should be an elected thing. But if we have elected peers, the 2 chambers would be both equals, so no chamber would have more authority. In France we have a directly elected Assemblée Nationale and an undirectly elected Sénat. Maybe we should keep a system of appointed peers.

> 2005: Reform

→ Law Lords eliminated. New Institution: the Supreme Court (2009, judiciary power), to improve the separation of powers.

The UK Parliament: two houses.

The House of Commons:

Frontbenchers are Government Ministers. Backbenchers are the less importants MPs. The Shadow Cabinet is the second largest party who is the opposition of the Government.

The House of Lords:

Functions of the UK Parliament

> To legislate = to pass laws, vote on laws. Propose the Bills: 95% of the bills are introduced by the Parliament.

> Bill's making process:

• 1^st reading → general idea

• 2^nd reading → scrutiny (is it going to work ? How to write it ?)

  amendments: some changes, what the government wants ?

• 3^rd reading → presentation of the Bill in its finalized form.

• Final State → Royal Assent.

> The House of Lords occasionnaly reject a Bill. What happens then ?

→ They apply a veto on the Bill. So the unelected body has the final word. But it was eliminated:

1911: Parliament Act, 1^st Attempt: the House of Lord can't block a bill more than 2 years.

1949: 2^nd Attempt: they can't put a veto on a bill anymore?

This act gives more power to the elected body: the House of Commons.

Book: Chap 4: Parliament.