Parliamentary Structure
1.1 The House of Commons
The House of Commons consists of 650 elected Members of Parliament (MPs), each representing a specific geographic constituency secured during the most recent general election. The majority of MPs are affiliated with a political party, and those belonging to the party currently in power are seated alongside the government, including ministers who occupy the prominent front benches.
The principal opposition party forms Her Majesty’s Loyal Opposition, with its leader assuming the role of Leader of the Opposition. This individual engages in regular discourse with the Prime Minister, critiquing the government’s performance. The Leader of the Opposition is assisted by the Shadow Cabinet, whose members are tasked with challenging and questioning their corresponding government ministers. For instance, the Shadow Foreign Secretary would directly engage with the Foreign Secretary on matters of foreign policy.
The Speaker of the House of Commons. The Speaker, elected by all MPs, is responsible for presiding over debates and upholding the rules of parliamentary conduct. To maintain neutrality, the Speaker relinquishes any party affiliations and operates in a non-partisan capacity.
1.2 The Election Process
Elections to the House of Commons, known as general elections, determine the composition of the legislature. In contrast, the House of Lords remains an appointed body without electoral processes. In the UK's parliamentary system, general elections fulfil a twofold purpose: they elect Members of Parliament and simultaneously decide which political party, or coalition of parties, is to form the government.
Ordinarily, the tenure of Parliament spans five years, at the end of which Parliament dissolves, MPs relinquish their seats, and a general election is convened.
The Fixed-term Parliaments Act 2011. The Fixed-term Parliaments Act 2011 stipulates that a general election can be triggered prior to the completion of the standard five-year term under two specific conditions:
- A motion declaring "This House has no confidence in Her Majesty’s Government" is approved by the House of Commons, and subsequently, no motion affirming "This House has confidence in Her Majesty’s Government" is passed within the next 14 days;
or
- At least two-thirds of the total number of MPs, which equates to 434 out of 650, cast their votes in support of holding an early general election.
Moreover, by virtue of parliamentary sovereignty, Parliament retains the authority to enact new legislation that supersedes the Fixed-term Parliaments Act 2011, thereby setting an alternative date for the forthcoming election.
Imagine a situation where Parliament decides to amend the succession rules to implement gender-neutral succession, where the throne passes to the monarch's eldest child regardless of gender, or to introduce a rule where the monarch's role rotates among the countries of the United Kingdom. Such changes would significantly alter centuries-old traditions governing the monarchy.
To enact this, Parliament would need to pass a new Act, effectively amending or replacing the existing laws governing the line of succession. This legislation would require the standard legislative process: approval by both the House of Commons and the House of Lords, followed by the Royal Assent.
Once enacted, this new law would supersede the current rules, illustrating the power of Parliament to make or unmake any law, even those with deep-rooted historical and cultural significance. This example underscores the fundamental principle of parliamentary sovereignty in the UK legal system, highlighting its capacity to reshape even the most established constitutional elements.
Eligibility for Becoming an MP. In general, most individuals are eligible to stand as candidates in parliamentary elections. Nonetheless, specific groups are prohibited from becoming MPs, even if they win an election:
- Individuals younger than 18 years of age;
- Non-Commonwealth citizens, with the exception of Irish citizens, who are permitted to become MPs;
- Members of the House of Lords.
Additionally, certain professions are precluded from MP membership to preserve the separation of powers, ensuring that those in the judiciary or executive do not concurrently legislate.
This includes:
- Judges serving in high-ranking courts such as the High Court, Court of Appeal, and Supreme Court;
- Civil service personnel;
- Armed forces members;
- Police force officers;
- Legislators from non-Commonwealth countries and Ireland, including the European Parliament, as outlined in the House of Commons Disqualification Act 1975.
By-Elections. Seats in the House of Commons may become vacant due to an MP's death or resignation. When this occurs, a by-election is organised in the relevant constituency to elect a replacement.
The Recall of MPs Act 2015. Under certain circumstances, an MP may be subject to a recall:
- If convicted of a crime leading to imprisonment;
- If suspended from the House of Commons for at least 10 days due to misconduct;
- If found culpable of falsifying expenses claims.
When such situations arise, the Speaker informs the affected constituency, initiating a recall petition. If over 10% of the electorate in the constituency sign this petition, a by-election is triggered. The MP has been effectively recalled to their constituency and may choose to stand in the by-election.
1.3 Composition of the House of Lords
The House of Lords, as the second chamber of Parliament, is distinctive in that its members are not elected. Its composition includes approximately 800 members who fall into one of four distinct categories.
- Hereditary Peers. These individuals inherit titles such as Duke, Earl, Viscount, or Baron, which traditionally pass through family lineage, typically to the eldest son. Although there is a substantial number of hereditary peers, only 92 have the privilege to sit in the House of Lords, a limitation set by the House of Lords Act 1999.
- Life Peers. Appointed directly by the Monarch upon the recommendation of the Prime Minister, life peers receive the title of Baron for their lifetime. Appointments are often reflective of the political party vote shares from the last general election, maintaining a semblance of political representation. The life peerage does not carry over after death, thus ensuring the House of Lords is predominantly composed of appointed members rather than hereditary ones.
- Lords Spiritual. This group consists of the 26 most senior bishops from the Church of England, known as the Lords Spiritual, who hold seats in the House of Lords.
- Law Lords. Before the establishment of the Supreme Court, Law Lords, officially titled as Lords of Appeal in Ordinary, were appointed for life and served as the highest appellate judges in the UK. While the judicial function of the House of Lords has been transferred to the Supreme Court, some of the Law Lords retain their seats.
PRIMARY LEGISLATION
2.1 The State Opening and the Queen's Address
The lifespan of a Parliament is traditionally capped at five years, segmented into distinct sessions typically lasting a year, commencing in May. The ceremonial inauguration of each parliamentary session is punctuated by the State Opening, where the Monarch delivers the Queen’s Speech. This key event features the Monarch articulating the government’s planned legislative agenda for the upcoming session, effectively setting the government's priorities and intended policies.
The timing of a parliamentary session is crucial for the progression of legislation. A bill must successfully navigate through the House of Commons and the House of Lords and subsequently be granted Royal Assent within the same session of its introduction. Failure to complete this legislative journey within the allotted time frame results in the bill’s expiration, necessitating reintroduction in the subsequent session. However, provisions exist for a bill to be ‘carried over’ to the next session by parliamentary consent, allowing the bill to pick up where it left off.
Between sessions, Parliament is in recess, putting a pause on all parliamentary activities until the next session's initiation. This interval underscores the procedural rhythms of the UK’s legislative machinery.
2.2 The Curtailment of Parliament: Prorogation
The transition between parliamentary sessions is marked by prorogation, a formal mechanism initiated by the Monarch on the Prime Minister's counsel. This process brings one session to a close and signals the commencement of the next. Prorogation has the effect of temporarily suspending parliamentary proceedings, including all pending legislative business, which must either conclude before this suspension or resume in the following session if carried over.
The prerogative power to prorogue carries significant potential for misuse, as an extensive or unjustified prorogation could disrupt the legislative function and democratic process. Such an act would essentially halt Parliament's operations and could be construed as an attempt to circumvent parliamentary scrutiny.
To guard against abuse, any prorogation extending beyond a brief interlude necessitates a compelling justification. If deemed excessive and lacking reasonable grounds, such prorogation may face judicial scrutiny and potential annulment, affirming the judiciary's role in upholding constitutional propriety.
Consider a scenario where a new healthcare reform bill is …
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