• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Critically evaluate the laws and conventions that regulate and control the relationship between the House of Commons and the House of Lords.

Extracts from this document...

Introduction

´╗┐Critically evaluate the laws and conventions that regulate and control the relationship between the House of Commons and the House of Lords. In United Kingdom (UK), it consists of a bicameral legislative system, consisting of the House of Commons (HOC) and the House of Lords (HOL). This is to ensure that the legislative system also represents aspects of society and also ensures that the power to legislate is shared between two bodies, rather than being concentrated on one body. The two chambers should not have the same character as the ?UK?s bicameral legislative system should be composed of two complementary rather than rival chambers.? Having a bicameral system would also ?mutually keep each other from exceeding their proper limits? as per William Blackstone. The HOC is made up of the ruling government as majority members while HOL is more politically balanced as it is not organised based on political part affiliations. HOL consists of; the hereditary peers, who have the most controversial memberships and only 92 members out of an initial 759 members remained after the House of Lords Act 1999; life peers, where it is a high honour conferred to be one in the UK. They are usually more participatory in terms of attendance and debates than hereditary peers. ...read more.

Middle

Hence referring back to the electorate, particularly contentious Bills, usually involved a revision of the constitutional settlement, which had been passed by the Commons. Hence, the doctrine as understood today is that HOL should not reject bills at the second or third reading. This convention can be seen as self-imposed by HOL and established the primacy of HOC and this served as a self-legitimising attempt. This was supported by Lord Strathclyde who believed ?that the unelected House must not challenge the clear mandate of the elected one. HOL delaying Bills reflected on the government bills and raised concerns that a manifesto bill should not be subjected to ?wrecking amendments? which would change the government?s manifesto intention as proposed in the Bill and the manifesto is not to be revised or rejected at this stage. The relationship between the HOC and HOL evolved when considering the War Damages Bill 1965, where if the matter raised issues important to justify such drastic action (intervention with a manifesto Bill) and if the issue is such that the electorate can understand it and express approval for the House of Lord?s position (tries to reconcile its role with public legitimacy of its actions). HOL?s significant contribution despite restrictions Despite the many restrictions HOL may have, they still play a crucial role in parliament. ...read more.

Conclusion

If HOL were to be partially elected; coalition government?s proposals would allow the retention of other non-electable categories and allow the Salisbury convention to continue to operate against the unelected peers. A hybrid chamber could comprise some peers (elected) with legitimacy and others with not. Some peers would be seen to be more legitimate than others. * Nevertheless, not being fully elected allows the composition of the House of Lords to be determined to be more representative of the society. There is more pressure on them to be legitimate in the eyes of the electorate since they need to justify their presence. If the HOL became fully appointed, this would not be good as the HOL would be rival chambers to HOC, thus losing the essence of a bicameral legislative system. * In conclusion, the bicameral system in UK can be seen to be largely successful one as compared to having one chamber that can act as a check and balance on each other. They can also facilitate a deliberative approach to legislation for one chamber is free of the ruling government, to enhance oversight of the executive branch and can also be seen as a monitor to ensure it abides its election manifesto. This would help hinder the passage of flawed or reckless legislation. However the only hindrances of having an bicameral legislative systems slows down the passing of legislation and is expensive to maintain two legislative houses. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level United Kingdom section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level United Kingdom essays

  1. Marked by a teacher

    "The House of Commons is a highly effective parliamentary chamber" to what extent do ...

    4 star(s)

    For instance, at the moment the conservatives are the largest party in the Commons, so each Public Bill Committee has more conservative MPs than any other party. Committees are also temporary, not permanent, so MPs can spend lots of time becoming an expert on detailed line-by-line scrutiny, and then have nothing to do with the Committee.

  2. Marked by a teacher

    Functions of the House of Commons and how it makes Government accountable.

    3 star(s)

    A third way in which the House of Commons can control the power of Government is by calling in legislative committees to examine proposed legislation. These start by the committees looking at the Green paper, where MPs and pressure groups look at the legislation then adapt what they think needs to be changed in it.

  1. Government & Politics Revision Notes

    Other would argue that New labour, despite its reforms, have failed to tackle the problems of the UK's democratic system. First, the introduction of devolution has strengthened democracy by giving a stronger and more independent political voice to Scotland, Wales and Northern Ireland.

  2. Describe the formal process of statute creation and the role of the House of ...

    Second reading this is the most important first stage in the legislation, the purpose is explained to the house and a debate and vote will take place. Next is the committee stage, this is done by standing committee and is debated with detail, and will go to particular member with

  1. How effective is the House of Commons as a check on the executive?

    The Prime Minister also takes questions from the floor, which are chosen by the Speaker. The idea of Prime Ministers Questions is that the Prime Minister is exposed in public and can be examined by his peers. This prevents him/her from simply allowing others to take decisions on their behalf as they will need to know about policies when questioned.

  2. Media or Manifesto?

    Interestingly, this was the highest turnout in any general election for 18 years, with 77% of the electorate voting, a total only beaten once in post-war times. This may have been due to anti-party voters, who care more about one party not-winning the election than the one they vote for being successful.

  1. Draft a memorandum to the government evaluating the merits and demerits of differing reform ...

    The second part of reform was to decide precisely what the composition of the Upper Chamber should be, and what powers they should hold. The possible options for reform include a directly elected second chamber, an indirectly elected second chamber, and also a mixed chamber comprising both elected and nominated elements.

  2. Discuss the contention that the House of Lords is irrelevant.

    At this point the bill was dropped because the threat of Germany was seen as a more important issue. After the Second World War the Labour government, under Clement Attlee, decided to amend the 1911 parliament act further. This was because they thought the House of Lords would interfere in

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work