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Role & Function of Parliament Notes

Parliament is the legislature of the UK, composed of the monarch, House of Lords, and House of Commons. Over time, power has shifted from the monarch to ministers of the crown. Parliament is sovereign as determined by acts in 1689 and 1700. As the sovereign authority, parliament can make or repeal any law, is not bound by previous parliaments or international law, and the courts can only interpret - not strike down - acts of parliament. Parliament's functions include providing the government, passing legislation, legitimizing the government, financial matters, debate, and scrutiny of the executive. Privileges of parliament include freedom of speech and proceedings from legal action.

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104 views11 pages

Role & Function of Parliament Notes

Parliament is the legislature of the UK, composed of the monarch, House of Lords, and House of Commons. Over time, power has shifted from the monarch to ministers of the crown. Parliament is sovereign as determined by acts in 1689 and 1700. As the sovereign authority, parliament can make or repeal any law, is not bound by previous parliaments or international law, and the courts can only interpret - not strike down - acts of parliament. Parliament's functions include providing the government, passing legislation, legitimizing the government, financial matters, debate, and scrutiny of the executive. Privileges of parliament include freedom of speech and proceedings from legal action.

Uploaded by

Manan S Togani
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPT, PDF, TXT or read online on Scribd
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The Role and Function of Parliament

1. 2. 3.

4.
5. 6.

Introduction Extent of Parliamentary Power Implications of Parliamentary Sovereignty Functions of Parliament Privileges Conclusion

1. Introduction

Oliver Cromwell

(a) What is Parliament?


Erskine May: Parliament is composed of the Sovereign, the House of Lords and the House of Commons. These several powers collectively form the legislature; and as distinct members of the constitution they exercise and enjoy privileges peculiar to each.

(b) Where does/should power lie in parliament?

Transition from the dominance of the Crown in the Middle Ages to the dominance of the Ministers of the Crown in the 20th century

The Parliament Act, 1911

Money Bill to become law within a month of passing through the Commons Lords could only delay other bills for two parliamentary sessions Amended by Parliament Act, 1949, reducing the delay to one session

2. The Extent of Parliamentary Power.

Determined by the Bill of Rights 1689 that ONLY Parliament had the right to change the law Underpinned by the Act of Settlement, 1700, securing the independence of the Judiciary Doctrine of Parliamentary Sovereignty

3. Implications of Parliamentary Sovereignty

Courts can only interpret Act of Parliament Parliament cannot bind its successor Parliament can pass retrospective legislation No territorial limits to Acts of Parliament Parliament not limited by rules of International Law Parliament has no rival authority

4. Functions of Parliament

Provides personnel for the government Representational Legislative Legitimating Financial Debating Scrutinising of the executive Judicial

5. Privileges

Freedom of Speech Speeches in Parliament are not actionable Strangers can be excluded Controls its own proceedings Controls the publication of its proceedings Each House has exclusive jurisdiction Freedom from arrest and molestation Access to the sovereign through Speaker

6 Conclusion

Parliament is Sovereign (not the people) Powers have shifted to the Commons or rather its leaders in the cabinet. Privileges protect members from executive and judicial constraints De facto limitations on de jure power is extensive

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