Whole Chapter 6 ('The UK Parliament') covered from Elliott & Thomas' Public Law textbook (4th ed, 2020, Oxford.
NOTE: Section 1 ('Introduction') has been omitted as it does not tell significant information. The essence of the chapter begins in Section 2.
CONSTITUTIONAL AND ADMINISTRATIVE LAW - LAW LLB (Full Notes for All Topics)
Full notes on Chapter 19: Human Rights & the UK Constitution, Public Law (Elliot & Thomas, Oxford, 2020)
Full notes on 'Chapter 4: Separation of Powers - An Introduction', Elliott & Thomas, Public Law (4th ed, 2020, Oxford)
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24/11/21
Elliot and Thomas – Chapter 6 – The UK Parliament
2. PARLIAMENT: AN OVERVIEW
History dates back to 13th c
Crossbenchers (non-party affiliates) in HL; opposition in HC
Frontbenchers in HC = government and shadow Ministers
HL = 815 (88 hereditary peers, 701 life peers, 26 bishops; 26% are in paid govt posts); no role in
forming govt; less party political; same scrutiny measures as HC; revising chamber and can ask the
HC to think again over legislation; veto and delay of legislation; limited role as to finance
HC = 650; 140 MPs are part of the government; political culture; scrutiny through questions,
debates, select committees; legislature tied with executive; debates important issues, but much of
the time MPs’ behaviours in the HC are ritualistic, pointscoring and unproductive in terms of
achieving policy improvements; financial privilege of checking and approving govt spending
3. PARLIAMENT AND DEMOCRACY
3.1 Why democracy?
System in which people have a decisive say over how and by whom they are governed
Dictatorship = means of audacity to seize power and rule by brute force rather than consent
Particular normative view of the human condition = every individual should be recognised as
autonomous and that all people are equally valuable in moral terms; in theory everyone should be
allowed to do whatever they want with their lives, but in practice the system of government
provides a framework within which autonomy of individuals can be reconciled with the existence of
an ordered civil society in which people are able to peacefully coexist
Autonomy of the person translate into the autonomy of the people
Mill (19th c English philosopher) argued that the interests of the ‘excluded’ are ‘always in danger of
being overlooked’
Democracy has a practical benefit: stimulates intellectual endeavour in the governing system and
the broader of experience of more politically active people produces better views and results
Representative democracy = elections; reduced due to crossing a ballot paper every 5 years or so
Participative = public participation beyond elections; direct democracy referendums; supply of
information to the public
Not important as to whether a country is democratic/non-democratic, but what level of democracy
it possesses
3.2.2 Calling a general election
Septennial Act 1715 = general elections to be held every 5 years
PMs until 2011 were able to call an election whenever they wanted = enables them to hold an
election at a time of their choosing, but also reflected in that government required the ongoing
confidence of the HC
Simple ‘no confidence’ majority triggers a new election
,24/11/21
The PM of the 2010 Coalition lost the discretion to decide when to call an election = good because
there is no valid reason why the PM should have the power to determine the election date
Practical problems of no confidence votes = Coalition partner can withdraw and join the opposition;
can come in important times, e.g. the 2019 December elections
5-year elections under the Fixed-terms Parliaments Act, but if 2/3 of MPs support a proposal to hold
an election or the govt loses a no confidence vote and does not form a new govt in the next 14 days
=> a govt cannot trigger a general election
3.2.3 Voting and standing in elections
People from the widest possible range of background to stand for election and vote in elections
UK/Commonwealth/Rep of Ireland citizens aged 18+ on the day of their nomination can stand for
HC elections
Judges, civil servants, members of the armed forces, police, public office-holders are disqualified
from HL membership
Corrupt, bankrupts, illegal practitioners and HL members cannot sit in the HC + prisoners and people
with certain mental health issues
Historically, only land-owners could only vote; the majority of people were disenfranchised
Representation of the People Act 1918 = election system per person, not by land
ECtHR held in 2006 that the ban over prisoners was an indiscriminative violation of the right to vote
in elections or stand in elections
3.2.4 The voting system
FPTP system; likely that a constituent candidate can have less than 50% of the vote
Doubtful whether FPTP meets the equality criterium; e.g. in East Ham Labour won 70% in 2010 and
the Cons 15 per cent => what’s the point of voting Bolton West Lab 18,327 votes to 18,235 Cons
votes
Plurality of vote not majority of vote important for constituency elections
Criticism: disproportionate seats-votes allocation; system dominated by 2 parties; smaller parties
(e.g. Lib Dems) lose
2017 elections; Cons 13.6 mil votes and 317 MPs; Libs 2.4 mil votes and 12 MPs => 6 x votes and 26
x seats
Since the 1960s no party has come close to 50% of votes
2015 = general election = SNP won 50% of Scottish vote and 95% of Scottish seats; 5% = 3 Scottish
unionist MPs
Constituency boundaries are important factors = e.g. if a city area is widened to include a Cons sub-
urban territory, then Labour might lose votes; called ‘gerry-mandering’ after the US state governor
Elbridge Gerry
Boundary Commissions for England, Northern Ireland, Scotland and Wales; HC recommends
Electoral Commissioners for appointment by the Queen; not affiliated with a party; review
boundaries every 8-12 years
, 24/11/21
Constituencies will be lowered from 650 to 600; constituencies range from 22,000 to 108,000
electors; proposal for no less than 71,031 and no more than 78,507
3.2.5 Reform
Growing dissatisfaction with politicians; falling voting turnouts; low political activity among youth
Proposal to schedule elections on Sundays and allow Internet voting
Proportional representation = vote for party not an individual candidate; % of votes = % of seats and
each party has a list of ranked candidates it sends to fill in the % of seats
PR system = no constituencies; no link between MPs and constituents; encourage a profusion of
small parties => likelier for a coalition to happen; used for EU Parl elections
1997 = Blair created the Jenkins Commission to review the voting system
Alternative vote system = voters rank constituency candidates in order of preference; second round
of no more than 50%; if no majority after a round => most unpopular candidate is left out and his
votes are distributed to the others
Lib Dems will benefit from a PR system
AV can encourage a broader constituency base, but create more disproportionate outcomes than
FPTP
Additional member system = Sco Parl and Welsh Assem = two votes – one for an individual rep and
one for party; the party seats make the system more proportionate; Jenkins Com proposed that 80-
85% of HC seats be filled with ind can and the remainder by party
Referendum in 2011 rejected the AV system; 19 mil votes (42.2% turnout); 13 mil NOs and 6 mil
YESes; only second referendum in UK history
After the 2009 MPs tax expenses scandal, the govt proposed that if 10% of one constituency’s
electorate calls an MP to a by-election, he should take part in one; can be done when the MP
receives a custodial sentence, is suspended from HC for 10 sitting days or more or the MP is
convicted of providing false or misleading information for allowances claims = too restrictive; MPs
for Peterborough and for Brecon and Radnorshire were recalled to by-elections
3.2.6 Political parties
People are unlikely to get far in politics unless being in a party as the party determines govt
members and runs perpetual campaigning
Provide voters a meaningful way of influencing membership of the government as parties bind
together like-minded people = imagine what would happen if 650 independent candidates were
sent
Two-party system is getting weaker and weaker: in 1950 Lab and Cons attracted 89% of the vote;
67% in 2015
Devolution distracts votes from the two-party system and hands them over to smaller parties, e.g.
SNP
2019 = 72% of people think the system needs a great deal of improvement
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