4.1 The structure and functions of Parliament

Parliament is the heart of UK democracy, where laws are made and the government is held accountable. It's split into two parts: the House of Commons with elected MPs, and the House of Lords with appointed members.

Both chambers work together to make laws, but the Commons has more power. Parliament also keeps an eye on the government, controls spending, and represents the people's interests. It's a busy place where big decisions are made.

UK Parliament's Structure

Bicameral Composition

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• UK Parliament comprises two chambers House of Commons and House of Lords forming the Houses of Parliament
• House of Commons functions as elected lower chamber with 650 Members of Parliament (MPs) representing UK constituencies
• House of Lords operates as unelected upper chamber containing ~800 members including Life Peers, Hereditary Peers, and Bishops
• House of Lords underwent significant reforms in 1911, 1949, and 1999 altering power and membership structure

Legislative Process and Chamber Interaction

• Both chambers participate in legislative process with bills typically originating in Commons before Lords scrutiny
• Lords scrutinize and potentially amend bills passed by Commons
• Parliament Acts of 1911 and 1949 govern relationship between chambers limiting Lords' power to block Commons legislation
• Acts allow Commons to pass certain bills without Lords' consent after specified delay periods (1 year for most bills, 1 month for money bills)

Parliament's Functions in the UK

Legislative and Representative Roles

• Parliament debates, amends, and passes laws governing United Kingdom
• MPs in House of Commons represent constituents' interests at national level
• MPs advocate for local concerns, raise issues in debates, and assist with individual cases (casework)
• Parliament serves as national platform for discussing important issues shaping public opinion (Brexit debates, climate change discussions)

Executive Oversight and Government Formation

• Parliament holds government accountable through various mechanisms
  • Prime Minister's Questions weekly sessions for MPs to directly question PM
  • Select Committees investigate specific policy areas or government departments
  • Debates on government policies and actions
• Largest party or coalition in House of Commons forms government
• Prime Minister typically leads largest party in Commons
• Opposition parties form Shadow Cabinet to scrutinize government policies

Financial Control and Constitutional Responsibilities

• Parliament approves or rejects government spending plans and taxation measures
  • Annual Budget process involves Chancellor presenting financial plans to Commons
  • Finance Bills implement tax changes proposed in Budget
• Parliament ratifies international treaties and approves major constitutional changes
  • Approved UK's entry into European Economic Community in 1973
  • Passed European Union (Withdrawal) Act 2018 for Brexit process

Parliamentary Sovereignty

Core Principles and Legal Supremacy

• Parliamentary sovereignty establishes Parliament as supreme legal authority in UK
• Parliament possesses power to create or repeal any law without external constraints
• No Parliament can bind its successors allowing flexibility in UK's uncodified constitution
• Courts traditionally cannot overturn legislation passed by Parliament
  • Human Rights Act 1998 introduced limited form of judicial review
  • UK Supreme Court can issue "declarations of incompatibility" for laws conflicting with European Convention on Human Rights

Modifications and Challenges to Sovereignty

• UK's former EU membership challenged absolute parliamentary sovereignty
  • European Communities Act 1972 gave EU law primacy over UK law in certain areas
  • Miller case (2017) reaffirmed Parliament's role in triggering Article 50 for Brexit
• Devolution to Scotland, Wales, and Northern Ireland created system of shared sovereignty
  • Scottish Parliament, Welsh Assembly, and Northern Ireland Assembly have powers in specific policy areas (health, education)
• Parliamentary sovereignty balances against other constitutional principles
  • Rule of law ensures government acts within legal boundaries
  • Separation of powers divides authority between executive, legislative, and judicial branches

International Implications

• Parliamentary sovereignty impacts UK's relationship with international law and organizations
  • Dualist legal system requires Parliament to incorporate international treaties into domestic law
  • Debates surrounding European Convention on Human Rights and potential UK withdrawal
• Concept distinguishes UK from countries with codified constitutions and strong judicial review
  • US Supreme Court can strike down laws as unconstitutional
  • UK Parliament retains ultimate authority to change or override any law