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CONSTITUTIONAL LAW PARLIAMENTARY SCRUTINY REVIEW NOTES

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CONSTITUTIONAL LAW PARLIAMENTARY SCRUTINY REVIEW NOTESCONSTITUTIONAL LAW PARLIAMENTARY SCRUTINY REVIEW NOTESCONSTITUTIONAL LAW PARLIAMENTARY SCRUTINY REVIEW NOTES

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  • March 25, 2024
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  • 2023/2024
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PARLIAMENTARY SCRUTINY REVIEW NOTES

Definition & Importance

Parliamentary scrutiny plays a vital role in holding the government accountable
and ensuring transparency in decision-making processes. In the UK, the system of
parliamentary scrutiny has evolved over the years to meet the changing needs of
society and to address the increasing complexity of governance.

Definition of Parliamentary Scrutiny:
Parliamentary scrutiny refers to the process through which Parliament examines
and assesses government policies, actions, and expenditures. It involves
monitoring the government's performance, holding it accountable for its decisions,
and ensuring that public funds are spent effectively and efficiently. Parliamentary
scrutiny also serves as a check on executive power, preventing potential abuses
and ensuring that decisions are made in the best interests of the public.

Importance of Parliamentary Scrutiny:
1. Accountability: Parliamentary scrutiny holds the government accountable for its
actions and decisions, ensuring that it remains transparent and answerable to the
public. This helps prevent corruption, nepotism, and other forms of abuse of
power.
2. Checks and Balances: Parliamentary scrutiny acts as a check on the
government's power, preventing it from becoming too authoritarian or making
decisions without proper oversight. It ensures that laws and policies are debated
and examined thoroughly before they are implemented.
3. Public Trust: Effective parliamentary scrutiny enhances public trust in the
government and democratic institutions. When the public sees that their elected
representatives are holding the government to account, they are more likely to
have confidence in the system and participate in political processes.
4. Improving Policy-making: Through parliamentary scrutiny, potential flaws and
shortcomings in government policies can be identified and addressed. This helps
in improving the quality of legislation and ensuring that policies are well-designed
and effective.
5. Transparency: Parliamentary scrutiny promotes transparency in government
decision-making processes, allowing the public to see how and why decisions are
made. This transparency is crucial for maintaining public trust and fostering a
culture of accountability.

Current Position of Parliamentary Scrutiny in the UK:
1. Select Committees: The UK Parliament has a system of select committees that
play a key role in parliamentary scrutiny. These committees are responsible for
examining government departments and policies in detail, holding inquiries, and
producing reports with recommendations for improvement. For example, the
Public Accounts Committee scrutinizes government expenditures to ensure that
public funds are being used efficiently.
2. Prime Minister's Questions: The weekly Prime Minister's Questions session in

, the House of Commons is another important aspect of parliamentary scrutiny in
the UK. During this session, the Prime Minister answers questions from MPs,
allowing for immediate scrutiny of government policies and decisions.
3. Debates and Questions: In addition to select committees and PMQs,
parliamentary scrutiny in the UK also takes place through debates, questions, and
discussions in both the House of Commons and the House of Lords. MPs and
Lords have the opportunity to question government ministers, challenge policies,
and propose amendments to legislation.
4. Scrutiny of Legislation: Parliament scrutinizes proposed legislation through
readings, debates, and committee stages. This allows MPs and Lords to examine
the details of laws before they are passed, ensuring that they are well-crafted and
in the public interest.
5. Oversight of Executive Actions: Parliament has the power to scrutinize
executive actions, such as the use of emergency powers or decisions made by
ministers. This oversight helps prevent abuses of power and ensures that the
government acts within the limits of the law.

Types of Parliamentary Scrutiny


Question Time
One of the most common forms of parliamentary scrutiny in the UK is Question
Time, where members of Parliament have the opportunity to question government
ministers on their policies and actions. This allows MPs to hold the government to
account and seek explanations on key issues. For example, in 2020, Prime
Minister Boris Johnson faced scrutiny during Question Time over the
government's handling of the COVID-19 pandemic.

Select Committees
Select Committees play a vital role in scrutinizing the government's activities in
specific policy areas. These committees are made up of MPs from different
parties, who work together to investigate government policies, conduct inquiries,
and produce reports. The Public Accounts Committee, for example, scrutinizes
government spending and financial management, while the Health and Social
Care Committee focuses on healthcare policy.

Debates and Motions
Parliamentary debates and motions provide another opportunity for MPs to
scrutinize the government's actions. These debates allow for in-depth discussions
on key issues, and MPs can put forward motions to challenge government
decisions. For instance, in 2019, the House of Commons held a debate on Brexit,
where MPs from different parties expressed their views and scrutinized the
government's approach to leaving the EU.

Prime Minister's Questions
Prime Minister's Questions (PMQs) is a weekly session where the Prime Minister
answers questions from MPs, including the Leader of the Opposition. PMQs offers
a high-profile platform for MPs to challenge the government and hold the Prime
Minister to account. For example, in 2021, Prime Minister Boris Johnson faced

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