100% satisfaction guarantee Immediately available after payment Both online and in PDF No strings attached
logo-home
Full notes on 'Chapter 6: The UK Parliament', Elliott & Thomas, Public Law textbook (4th ed, 2020, Oxford £24.49
Add to cart

Other

Full notes on 'Chapter 6: The UK Parliament', Elliott & Thomas, Public Law textbook (4th ed, 2020, Oxford

1 review
 24 views  1 purchase

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.

Preview 3 out of 16  pages

  • December 29, 2021
  • 16
  • 2021/2022
  • Other
  • Unknown
book image

Book Title:

Author(s):

  • Edition:
  • ISBN:
  • Edition:
All documents for this subject (4)

1  review

review-writer-avatar

By: candykitten19 • 1 year ago

avatar-seller
georgivminchev
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

The benefits of buying summaries with Stuvia:

Guaranteed quality through customer reviews

Guaranteed quality through customer reviews

Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.

Quick and easy check-out

Quick and easy check-out

You can quickly pay through credit card for the summaries. There is no membership needed.

Focus on what matters

Focus on what matters

Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!

Frequently asked questions

What do I get when I buy this document?

You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.

Satisfaction guarantee: how does it work?

Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.

Who am I buying these notes from?

Stuvia is a marketplace, so you are not buying this document from us, but from seller georgivminchev. Stuvia facilitates payment to the seller.

Will I be stuck with a subscription?

No, you only buy these notes for £24.49. You're not tied to anything after your purchase.

Can Stuvia be trusted?

4.6 stars on Google & Trustpilot (+1000 reviews)

52510 documents were sold in the last 30 days

Founded in 2010, the go-to place to buy revision notes and other study material for 14 years now

Start selling
£24.49  1x  sold
  • (1)
Add to cart
Added