Parliament Flashcards
(39 cards)
What are the problems with the FPTP system?
Equality is the cornerstone of democracy, yet in the FPTP system the votes do not count equally. For instance, in the constituency of East Ham in 2010 Labour won 70% of the vote. In such constituencies the result is already a foregone conclusion- some feel that their vote is pointless. People turn to tactical voting
Under the FPTP system we do not directly vote for the PM- only the candidate in that constituency- person cannot comfort themselves with the knowledge that their vote counted to elect PM
FPTP has come under criticism as it does not accurately reflect the votes case. For instance, Labour and Conservatives won 67% of the vote and nearly 87% of the seats.
Gerry-mandering- the manipulation of constituency boundaries
Why does the system need to be reformed?
Increasing public disaffection evident from the dwindling participation in elections
What are the proposed reforms to the electoral system?
Party list system- vote for parties instead of individual candidates- lack of constituencies.
Recommendations of the Jenkins commission
- Alternative voting system- once again not a system of proportional representation and is not likely to reflect the national share of the vote
In a referendum on election reform in 2011 the majority decided to retain the FPTP
What are the problems with recalling MPs?
Does not increase confidence in politics as the constituencies themselves cannot initiate recall petitions
What are the concerns about the social backgrounds of MPs?
This is important as the MPs should be representative of the public as a whole. However, there is significant underrepresentation,
29% of women MPs vs 51% of female population
6% ethnic minority vs 13% population
Occupation wise only 3% of MPs are from manual worker backgrounds
1/3 went to fee-paying schools when they only account for 7% of the population
What are the advantages of party politics?
Be sure that mandate will be implemented
Independent parties leads to uncertainty, unpredictable and ineffectual
Provides voters with a meaningful way to influence the composition of government
What are the rules on campaign spending?
There is much controversy around party finance, particularly after the cash for access scandal and the belief that the £1 million donation by Formula one to Labour was the reason that their tobacco advertising was allowed to continue. Idea that you can purchase influence. Thus, there are a number of restrictions on how donations are used.
In a given constituency a candidate cannot use more than £10,500
Any donations above £7500 must be declared to the Electoral Commission
Strict impartiality requirements for broadcasters- they get free airtime around election time
Lobbying on behalf of organisations
What is the role of courts in elections?
breach of rules concerning donations and election spending constitute criminal offences
Constituency results questioned through election petitions brought within 21 days- examine whether there was any impropriety related to election spending or whether the MP is fit to be one
How has lobbying become more transparent?
Introduction of a register of consultant lobbyists- lobbyists have to disclose the name of their clients.
What are the features of the House of Lords?
life peerages act- have affiliations with parties- problem with the PM conferring peerages- idea that the PM can manipulate the composition of the Lords- offering peerages in order for loyalty and favours
The number of peers keeps on increasing
Hereditary peers- removed after the House of Lords Ac t
26 from the CofE- argument that it should not be from one denomination or faith
Can only delay bills
Once again significant underrepresentation- particularly of BME (3%) and women (26%)
They also tend to be older and from London
What are the powers of the House of Lords?
The parliament acts significantly reduced the ability of the Lords’ powers- idea in the Parliament Act 1911 that for money bills the Lords can only delay by 1 month. Non-money bills is a year delay. This has arguably eroded the checks and balances within the British constitution as the commons is dominated by the executive.
Salisbury convention- Lords cannot reject a bill that the government has an electoral mandate for
How has the Lords exercised its powers in practice?
Between 2010 and 2015 there were over 99 government defeats in the Lords
Removal of hereditary peers after the enactment of the House of Lords Act 1999- before this the Conservatives had an inbuilt majority in the Lords- this provided more legitimacy
How does the house of lords complement the commons?
The role of the second chamber is to ‘engender second thoughts’ and in this way the lords is complementary
It is not dominated by party politics unlike the commons. 1/5 of lords are cross-benchers with no party affiliations while there is a rough balance of party representation- no majority making it difficult for governments to unilaterally get bills through
Lords can also provide breadth of experience, knowledge and expertise that is absent in the commons. For instance, the commons is dominated substantially by career politicians- in the Lords there are individuals who have gained peerages through their excellence in other fields such as sports, arts, science.
In the commons there is an appeal to majority interests.
What are the arguments for and against a wholly appointed second chamber?
Can control the balance of political parties and range of expertise to ensure that a wide range of views are represented. However, this overlooks the fact that in a democracy the legislature should be legitimate- particularly when they exercise direct political power. Arguably the legitimacy comes from their independence and expertise.
What are the disadvantages of a wholly elected second chamber?
Although it can represent the regions
Can lead to party dominance, more party politics, loss of independence- become a replica of the commons- challenging the supremacy of the commons and the balance of power
An independent House of Lords is essential due to executive dominance in the commons
What have been the minor reforms to the Lords?
Previously peers could only leave the house through death- now non-attendance, breach of code of conduct and resignation was sufficient
What is parliamentary privilege?
The rights and privileges of parliament to act independently and free from the interference of government and courts.
These privileges include freedom of speech (as per article 4 of the Bill of Rights)- immunity for statements made within parliament and excessive cognisance (right to determine rules, procedures and conduct its own internal affairs)
What are the instances of recognition of exclusive cognisance?
Bradlaugh v Gossett- concerning swearing an oath to God- subsequently excluded- court declared that they have no jurisdiction over parliamentary proceedings
Herbert case- statutes do not apply to parliament
Parliamentary publications are protected
What is the scope of parliamentary privilege?
Parliamentary privilege is ambiguous- useful as it means that it can evolve over time, but it causes uncertainty.
Comity between courts and parliament
Chaytor case concerning the MPs expenses scandal
- courts determine the scope of parliamentary privilege
- parliamentary expenses are not excluded from judicial review
- functionality test for determining parliamentary privilege- should not infringe on the effectiveness of parliament
Judicial questioning of proceedings in parliament
can refer to statements made in parliament to clarify ambiguous legislation- argument that this impedes parliamentary privilege and the freedom of speech in parliament as ministers will be more cautious and less willing to express their views knowing that it can be subject to judicial review
Parliamentary criticisms of non-members
This concerns defamation cases such as A v UK where an MP had criticised one of his constituents describing her as a ‘neighbour from hell’. The constituent believed that this infringed on her right to a private life and proceeded in the ECtHR. The court held that while it was not a disproportionate interference on private life the absolute nature of parliamentary proceedings needs to be evaluated- particularly in relation to human rights violations.
What are the powers of select committees?
Select committees are effective tools to scrutinise governments.
They work most effectively when there is cooperation- Chief executive officer of Kraft foods refusing to appear before a commons select committee. Cannot introduce fines as it would be seen as oppressive.
Criminalising failure to attend would lead to judicial intervention and eventually judicial review of parliamentary proceedings.
Should parliamentary privilege be codified?
Clarify ambiguities and create a coherent framework- e..g ‘proceedings in parliament’
Select committees need coercive force
Certain laws need to be updated e.g. Parliamentary papers act
Problems
- can lead to judicial interpretation and upset the constitutional balance
- need flexibility as parliamentary privileges adapt
What is the relationship between legislation and parliament?
Parliament debates and scrutinises legislation proposed by government- it does not make legislation
