Summary
LAWS08123 Public Law of UK and Scotland Summary Notes Week 3 Lecture
- Module
- LAWS08123
- Institution
- The University Of Edinburgh (ED)
LAWS08123 Public Law of UK and Scotland Summary Notes Week 3 Lecture
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Week 3 Lecture 1The UK and the Scottish Parliament
The parliaments are the central institutions of the government.
The UK Parliament goes back to the union of parliament in1707. It’s a bicameral Parliament and
regulated by convention.
The Scottish Parliament was created in 1998 through the Scotland act. It’s regulated by the
Scotland Act 1998. It’s a unicameral Parliament and significantly smaller than Westminster.
While Westminster is sovereign, Holyrood as bound by the Scotland Act. Holyrood also has a
limited set of competences, while Westminster is almost unlimited.
Important case Whaley v Watson [2000]. Lord Rodger: “The fundamental character of the
Parliament as a body which however important, its role has been created by statue.”
See also the speech of Lord Hope in AXA v Lord Advocate.
Note: The Sewell convention.
Functions
The fundamental function of Parliament is injecting the quality of democracy into the
constitution.
The UK and Scotland have a parliamentary system where the Prime/First Minister rises from the
Party who has a majority in parliament.
Government Formation:
The Government can only act if it has a majority in Parliament
The Central function of the government is making legislation which binds the government and
the judiciary.
The Parliament holds the Government to account. Through debates, and other measure the
Parliament scrutinizes the Government. There are also extraordinary procedures, for example if
Parliament no longer trusts the Government there can be a motion of no confidence and if it is
successful there can be new elections.
Parliament is a forum for debate. Decisions taken are usually not made in accordance with the
opinion of the ministers; they have a much broader debate.
They also redress grievances.
o Some MP’s are elected in a specific constituency. Then they have to defend the interest of
that constituency.
, o There is private legislation promoted by someone else than an MP.
o Parliament also receive public petition.
In the UK we have a party system. Parties provide the link between the people and the
government. Parties are governed under private law. They are also protected by the freedom to
associate.
Political parties put forward the persons for the government, they also set out policies.
The opposition holds the parties to account.
Meeting and Dissolving Parliament
It is all set out in the bill of rights/claim of rights bill 1689
Until recently the meeting and dissolution of Parliament (Westminster) was governed by
convention.
In Holyrood it is governed by the Scotland Acct.
The Prime Minister could decide when to call for elections.
This has been changed with the Fixed-term Parliaments Act 2011. A term will be exactly 5 years
long.
Originally it was set out as 10 years in the Meeting of Parliament Act 1694
Then the Septennial Act 1715 reduced it to max 7 years.
After that the Parliament Act 1911 reduced it to max 5 years.
The terms are important because there has to be a balance between the right of election and the
stability of government.
Next election is on the 7th of May 2015
But there is some room left for exceptional circumstances which allow an early dissolution.
Week 3 Lecture 2 30.1.14
The Composition of the UK Parliament
The Crown in Parliament consists of the sovereign, the commons and the lords. The commons
have the most power, they form the government.
The Crown is sovereign. The Queen summons and dissolves, pirogues parliament and gives royal
assent. The sovereign is also the head of state
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