Beruflich Dokumente
Kultur Dokumente
Introduction
Origin of the House of Lords
Origin of the House of Commons
Composition of both the Houses
Functions
Relationship with government
Powers of the Houses
Conclusion
Introduction:
The House of Commons is the popularly elected component of Parliament, consisting of
650 members. Members of the government sit in, and are answerable to the House of
Commons. Most major government legislation is introduced in the House. The House of
Commons alone is constitutionally authorized to introduce legislation concerned with the
raising or spending of funds. The House is also a place where MPs hold the government
to account, discuss national issues, and represent constituents views. The UK public
elects 650 Members of Parliament (MPs) to represent their interests and concerns in the
House of Commons. MPs consider and propose new laws, and can scrutinize government
policies by asking ministers questions about current issues either in the Commons
Chamber or in Committees.
The House of Lords is the upper house of the Parliament of the United Kingdom. Like
the House of Commons, it meets in the Palace of Westminster. Bills can be introduced
into either the House of Lords or the House of Commons and members of the Lords may
also take on roles as Government Ministers. The House of Lords has its own support
services, separate from the Commons, including the House of Lords Library.
Unlike the elected House of Commons, most new members of the House of Lords are
appointed. Membership of the House of Lords is made up of Lords Spiritual and Lords
Temporal. There are currently 26 Lords Spiritual who sit in the Lords by virtue of their
ecclesiastical role in the established Church of England. The Lords Temporal make up the
rest of the membership; of these, the majority are life peers who are appointed by the
Monarch on the advice of the Prime Minister, or on the advice of the House of Lords
Appointments Commission.
Mazhar-ul-Haq, Political Science theory and Practice (Lahore: Bookland, 1959), pp. 364-365.
Professor M.A Malik , Outlines of the constitution of the United Kingdom (Lahore: Pld
Publisher, 2013),.
The Lords Temporal make up the rest of the membership; of these, the majority are life
peers who are appointed by the Monarch on the advice of the Prime Minister, or on the
advice of the House of Lords Appointments Commission.
Membership was once a birthright of hereditary peers. Following a series of reforms, 92
members (as of 1 July 2011) still sit by virtue of a hereditary peerage. Since males can
only inherit the vast majority of hereditary peerages, only one of these 92 is currently a
woman. The number of members is not fixed; as of 11 June 2012 the House of Lords has
763 members (not including 49 who are on leave of absence or are otherwise disqualified
from sitting), unlike the House of Commons, which has a 650-seat fixed membership.
Several different qualifications apply for membership of the House of Lords. No person
may sit in the House of Lords if under the age of 21. Furthermore, only citizens of the
United Kingdom, Commonwealth citizens, and citizens of Ireland may sit in the House of
Lords. The nationality restrictions were previously more stringent: under the Act of
Settlement 1701, and prior to the British Nationality Act 1948, only natural-born subjects
were qualified.
Women were excluded from the House of Lords until the Life Peerages Act, passed in
1958 to address the declining number of active members, made possible the creation of
peerages for life. Women were immediately eligible and four were among the first life
peers appointed. However, hereditary peeresses continued to be excluded until the
passage of the Peerage Act 1963. Since the passage of the House of Lords Act 1999,
hereditary peeresses remain eligible for election to the Upper House; there are two among
the 90 hereditary peers who continue to sit.
1) Parliaments Role:
Legislation:
Parliament is responsible for approving new laws (legislation).
Debate:
Both Houses of Parliament hold debates in which Members discuss government policy,
proposed legislation and current issues.
Traditions of Parliament:
A number of traditions are involved in the working of Parliament.
Parliament and government both play a part in forming the laws of the United Kingdom.
Europe:
The UK is one of 28 member states of the European Union and is subject to European
Union (EU) legislation.
2) Legislation:
One of Parliament's main roles is debating and passing laws.
Draft Bills:
Draft Bills are Bills issued for consultation before being formally introduced to
Parliament.
Bills:
A Bill is a proposal for a new law, or a proposal to change an existing law that is
presented for debate before Parliament.
Passage of a Bill:
How does a Bill become an Act? Find out the stages a Bill goes through before it
becomes law.
Acts:
An Act of Parliament creates a new law or changes an existing law.
Delegated legislation:
Delegated or secondary legislation is usually concerned with detailed changes to the law
made under powers from an existing Act of Parliament.
Method of Legislation:
Bills may be introduced in either house, though controversial bills normally originate in
the House of Commons. The supremacy of the Commons in legislative matters is assured
by the Parliament Acts, under which certain types of bills may be presented for the Royal
Assent without the consent of the House of Lords. The Lords may not delay a money bill
(a bill that, in the view of the Speaker of the House of Commons, solely concerns
national taxation or public funds) for more than one month. Moreover, the Lords may not
delay most other public bills for more than two parliamentary sessions, or one calendar
year. These provisions, however, only apply to public bills that originate in the House of
Commons. Moreover, a bill that seeks to extend a parliamentary term beyond five years
requires the consent of the House of Lords.
By a custom that prevailed even before the Parliament Acts, only the House of Commons
may originate bills concerning taxation or Supply. Furthermore, supply bills passed by
the House of Commons are immune to amendments in the House of Lords. In addition,
the House of Lords is barred from amending a bill so as to insert a taxation or supplyrelated provision, but the House of Commons often waives its privileges and allows the
Lords to make amendments with financial implications. Under a separate convention,
known as the Salisbury Convention, the House of Lords do not seek to oppose legislation
promised in the Government's election manifesto. Hence, as the power of the House of
Lords has been severely curtailed by statute and by practice, the House of Commons are
clearly the most powerful branches of Parliament.
The House of Lords debates legislation, and has power to amend or reject bills.
However, the power of the Lords to reject a bill passed by the House of Commons is
severely restricted by the Parliament Acts. Under those Acts, certain types of bills may be
presented for the Royal Assent without the consent of the House of Lords (i.e. the
Commons can override the Lords' veto). The House of Lords cannot delay a money bill (a
bill that, in the view of the Speaker of the House of Commons, solely concerns national
taxation or public funds) for more than one month.
The House of Lords cannot delay other public bills for more than two parliamentary
sessions, or one calendar year. These provisions, however, only apply to public bills that
originate in the House of Commons, and cannot have the effect of extending a
parliamentary term beyond five years. A further restriction is a constitutional convention
known as the Salisbury Convention, which means that the House of Lords does not
oppose legislation promised in the Government's election manifesto.
ibid
http://www.merriam-webster.com/dictionary/dictatorship?show=0&t=1360476664
Thus, whenever the office of prime minister falls vacant, the Sovereign appoints the
person who has the support of the House, or who is most likely to command the support
of the Housenormally the leader of the largest party in the Commons.
(The leader of the second-largest party becomes the Leader of the Opposition.) Since
1963, by convention, the prime minister is always a member of the House of Commons,
rather than the House of Lords.
The Lower House may indicate its lack of support for the Government by rejecting a
Motion of confidence or by passing a Motion of no confidence. Confidence and no
confidence motions are sometimes phrased explicitly, for instance: "That this House has
no confidence in Her Majesty's Government." Many other motions were considered
confidence issues, even though not explicitly phrased as such. In particular, important
bills that form a part of the Government's agenda were formerly considered matters of
confidence, as is the annual Budget. When a Government has lost the confidence of the
House of Commons, the prime minister is obliged to either resign, making way for
another MP who can command confidence, or request the monarch to dissolve
Parliament, thereby precipitating a general election. Parliament normally sits for a
maximum term of five years. Formerly, the prime minister was able to choose the timing
of the dissolution of parliament up until this time had elapsed with the permission of the
Monarch. However, since the Fixed-term Parliaments Act, terms are now a fixed at five
years, with only a vote of no-confidence or a two-thirds majority able to bring about an
early general election.
3) Committee System:
The Parliament of the UK uses committees for a variety of purposes, e.g., for the review
of bills. Committees consider bills in detail, and may make amendments. Bills of great
constitutional importance, as well as some important financial measures, are usually sent
to the "Committee of the Whole House", a body that includes all members of the
Commons. Instead of the Speaker, the Chairman or a Deputy Chairman of Ways and
Means presides. The Committee meets in the House of Commons Chamber.
Most bills were until 2006 considered by Standing Committees, which consisted of
between 16 and 50 members. The membership of each Standing Committee roughly
reflected the strength of the parties in the House. The membership of Standing
Committees changed constantly; new Members were assigned each time the committee
considered a new bill. There was no formal limit on the number of Standing Committees,
but usually only ten existed. Rarely, a bill was committed to a Special Standing
Committee, which investigated and held hearings on the issues raised. In November
2006, Public Bill Committees replaced Standing Committees.
The House of Commons also has several Departmental Select Committees. The
membership of these bodies, like that of the Standing Committees, reflects the strength of
the parties. Each committee elects its own Chairman. The primary function of a
Departmental Select Committee is to scrutinize and investigate the activities of a
particular government department.
Other committees of the House of Commons include Joint Committees (which also
include members of the House of Lords), the Committee on Standards and Privileges
(which considers questions of parliamentary privilege, as well as matters relating to the
conduct of the members), and the Committee of Selection (which determines the
membership of other committees).
Much of the work of the House of Commons and the House of Lords takes place in
committees, made up of around 10 to 50 MPs or Lords. These committees examine issues
in detail, from government policy and proposed new laws, to wider topics like the
economy.
http://people.howstuffworks.com/dictator1.htm
http://www.britannica.com/EBchecked/topic/162240/Britishconstitution
Select Committees:
Select Committees work in both Houses. They check and report on areas ranging from
the work of government departments to economic affairs.
Joint Committees:
Joint Committees are committees consisting of MPs and Lords.
Grand Committees:
The Commons has three Grand Committees, which look at questions on Scotland, Wales
and Northern Ireland. Grand Committees in the Lords debate Bills outside the Lords
Chamber.
the senses that: The leader of the party with the greatest number of MPs (not necessarily
the greatest number of votes) is expected to become Prime Minister
Prime Minister then chooses the political heads of the Government (the Cabinet and
Ministers) from existing Commons Members of Parliament (though there are also about
25 out of about 120 chosen from the House of Lords). This picture of the Commons as a
direct broker of Governments is probably exaggerated. The Electorate now largely
determines the choice, so that the Government is really settled on election night and not a
week or so later when Parliament actually assembles - unless perhaps no party wins an
overall majority. The conflicting interpretations being presented here have been
categorized as two different models
The Westminster model - power flows from the electorate to Parliament that chooses and
controls the executive.
The Whitehall model - the electorate chooses the Government and Parliament is there to
confirm that choice as an electoral college and then to serve Government and ensure it
works effectively in accordance with its mandate. The role of MPs is on this view to
facilitate and improve Government programmer by exploring and testing them but
ultimately approving them. In short, Parliament is a critical rather than governmental
body.
Parliament is expected to sustain, scrutinize and influence rather than block Government.
After all, most MPs are elected on the basis that they support the Government's policies.
Parliament thus provides legitimating for Government in the sense that its approval can
be seen as representing the assent of the electorate.
6) Specific Readdress:
The final task of the Commons is the redress of specific grievances. All MPs, even the
Prime Minster, are elected by a specific locality (constituency) in which they are the sole
representative and link with Parliament. It follows that they are seen as having
constituency interests and responsibilities. In other words, they ask questions or raise
matters in debate concerning the problems of their area and constituents. This work is
often done informally and behind the scenes by meetings in the constituency and by
letters to, and discussion with, Ministers or civil servants
resort; in some cases, the Judicial Committee of the Privy Council performs such a
function. The jurisdiction of the Privy Council in the United Kingdom, however, is
relatively restricted; it encompasses appeals from ecclesiastical courts, disputes under the
House of Commons Disqualification Act 1975, and a few other minor matters. Issues
related to devolution were transferred from the Privy Council to the Supreme Court in
2009.
The twelve Law Lords did not all hear every case; rather, after World War II cases were
heard by panels known as Appellate Committees, each of which normally consisted of
five members (selected by the Senior Lord). An Appellate Committee hearing an
important case could consist of more than five members. Though Appellate Committees
met in separate committee rooms, judgments were given in the Lords Chamber itself. No
further appeal lay from the House of Lords, although the House of Lords could refer a
"preliminary question" to the European Court of Justice in cases involving an element of
European Union law, and a case could be brought at the European Court of Human
Rights if the House of Lords did not provide a satisfactory remedy in cases where the
European Convention on Human Rights was imposed.
Wade & Philip, English Constitutional Law ( England: Oxford, 2001), pp. 121-195
A distinct judicial functionone in which the whole House used to participateis that of
trying impeachments. Impeachments were brought by the House of Commons, and tried
in the House of Lords; a conviction required only a majority of the Lords voting.
Impeachments, however, are to all intents and purposes obsolete; the last impeachment
was that of Henry Dundas, 1st Viscount Melville in 1806.
House. A member standing up, possibly intervening on another member, and moving the
motion without notice brings them into play. When the debate is getting excessively
heated, it is open to a member to move "that the Standing Order on Asperity of Speech be
read by the Clerk".
The thinking behind the rule is that change should only occur if an actual majority vote in
favor of change. So say a bill was introduced to ban all blue cars. If the vote in the House
of Commons was 301-300 in favors, then Parliament wants to ban blue cars and blue cars
are banned. But if the vote was tied on 300-300, then it cannot be said that Parliament
wants to ban blue cars, so why should blue cars be banned?
Speaker Denison's rule is now a guiding principle in many other bodies, which have
neutral chairpersons.
Conclusion:
Hence the House of Commons is the lower house of the Parliament of the United
Kingdom which, like the House of Lords (the upper house), meets in the Palace of
Westminster. The Commons is an elected body consisting of 650 members known as
Members of Parliament (MPs). Members are elected to represent constituencies by firstpast-the-post and hold their seats until Parliament is dissolved.
A House of Commons of England evolved at some point in England during the 14th
century, becoming the House of Commons of Great Britain after the political union with
Scotland in 1707 and in the nineteenth century the United Kingdom of Great Britain and
Ireland after the political union with Ireland before assuming its current title after
independence was given to the Irish Free State in 1922.
Under the Parliament Act 1911, the Lords' power to reject legislation was reduced to a
delaying power. The Government is primarily responsible to the House of Commons and
the prime minister stays in office only as long as he or she retains its support.
The House of Lords scrutinizes Bills that have been approved by the House of
Commons. It regularly reviews and amends Bills from the Commons. While it is unable
to prevent Bills passing into law, except in certain limited circumstances, it can delay
Bills and force the Commons to reconsider its decisions. In this capacity, the Lords act as
a constitutional safeguard that is independent from the electoral process. In addition to its
role as the upper house, until the establishment of the Supreme Court in 2009, the House
of Lords, through the Law Lords, acted as the final court of appeal in the UK judicial
system.
The Queen's Speech is delivered from the House of Lords during the State Opening of
Parliament. The House also has a Church of England role, in that Church Measures must
be tabled within the House through the Lords Spiritual.
Bibliography:
Professor M.A Malik , Outlines of the constitution of the United Kingdom (Lahore: Pld
Publisher, 2013),.
Wade & Philip, English Constitutional Law (Pld Publisher: Bookland, 2012), pp. 364-365.s
Denis Mic, Constitution of U.K(Oxford: Bookland, 1959), P. 365.
Webliography:
1. http://www.merriam-webster.com/dictionary/democracy
2. http://answers.yahoo.com/question/index?
qid=20060905230841AAQqXtb
3. http://wiki.answers.com/Q/Difference_between_presidential_system_and_
parliamentary_system
4. http://www.merriam-webster.com/dictionary/dictatorship?show=0&t=1360476664
5. http://people.howstuffworks.com/dictator1.htm
6. http://www.britannica.com/EBchecked/topic/162240/dictatorship
7. www.salcomp.ca/files/42/3-Dictatorship%20NET09.doc
8. http://www.publishyourarticles.net/eng/articles/difference-betweenpresidential-and-parliamentary-form-of-govt.html
9. http://www.buzzle.com/articles/dictatorship-vs-democracy.html
10. http://www.pildat.org/Publications/publication/SDR/AssessmentoftheQu
alityofDemocracyinPakistan_Year2012.pdf
http://www.youthparliament.org.pk/essay/Ali%20Iqbal.pdf