Whether or not Parliament is effective as a government watchdog

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The question of whether or not Parliament is effective as a government watchdog consists of two main issues. The power Parliament has in theory and the power it has in reality. In theory Parliament has the structures to effectively control government but in practice the existence of Parliamentary sovereignty and Royal prerogative as well as other things means that parliament and the Commons in particular can be described as merely a “Talking Shop”. It is important to know as well what a parliament consists of.

Parliament, Britain’s legislature is made up of the House of Commons, the House of Lords and the Queen in her historical constitutional role. They meet together only on occasions of symbolic importance such as the State opening of Parliament, when the commons are summoned by the queen to the House of Lords. The agreement of all three elements is normally required for legislation, but that of the Queen is given as a matter of course to Bills sent to her.

Parliament can legislate for Britain as a whole, or for any part of the country. It can legislate for the Channel Islands and the Isle of Man, which are Crown dependencies and not part of Britain. They have local legislatures, which make fairly limited laws on Island affairs.

As there are no legal restraints imposed by a written Constitution, as Britain does not have one, Parliament may legislate as it pleases, subject to Britain’s obligations as a member of the European Union. It can make or change any law; and can overturn established conventions or turn them into law. It can even prolong its own life beyond the normal electoral period without consulting the electorate. In practice, however, Parliament does not assert its supremacy in this way. Its members bear in mind the common law and normally act in accordance with precedent. The validity of an Act of Parliament, once passed, cannot be disputed in the law courts. The House of Commons is directly responsible to the electorate, and in this century the House of Lords has recognised the supremacy of the elected chamber. The system of party government helps to ensure that parliament legislates with its responsibility to the electorate in mind.

The main functions of Parliament are, to pass laws, to provide, by voting for taxation, the means of carrying out the work of the government, to scrutinize government policy and administration, including proposals for expenditure, and to debate the major issues of the day. In carrying out all these functions Parliament helps to bring the relevant facts and issues before the electorate. By custom, Parliament is also informed before all-important international treaties and agreements are ratified. The making of treaties is however, a Royal Prerogative exercised on the advice of the government and is not subject to Parliamentary approval. Royal Prerogative undermines the power of Parliament and shows the strength of a government with a strong majority because by using the Royal Prerogative the PM can dissolve Parliament, declare war and make treaties, dispense honours and appoint ministers. It gives a PM “carte blanche” to by pass Parliament when he or she wants.

Parliament is essentially the legislative section of the British political system. It is an asymmetric bycameralist system (consists of two unequal parts), The House of Commons and the House of Lords. The House of Commons is easily more dominant, the House of Commons has many functions, which include representation, which is representing the views of constituents Influencing legislation as it passes through the parliament. Furthermore, the Commons recruits a government, as most members come from the House of Commons, as that is where most MPs will gain recognition. The House of Commons main function is to scrutinise and hold the executive part of government to account or act as a Government watchdog. This is making the government justify its decisions and forcing it to answer for it conduct. This is the most important role of the Commons, and it tends to be badly done. The Commons is also the main floor for National debate. It is where the most important policies are made. Examples of this include William Hague recalling Parliament to debate the fuel crisis recently. Taking these functions at face value, one may think that the House of Commons does have a great deal of work to do but the legislative process is dominated by government, because it controls Parliamentary time again this shows weakness of parliament to act as a government watchdog, this points towards a government with a big majority becoming an elective dictatorship and one only has to look at the behaviour of the Conservative Party in power in Britain in the 1980’s and early 90’s. Parliament is ineffective if the government has a big majority due to collective responsibility where all MP’s agree about any given decision it suggests either a “cabinet government” or “Prime- ministerial government” is a reality with the Prime Minister making key decisions “Primus Interpares” meaning he is first among equals. In theory the House of Commons should have more power than the House of Lords, because the Commons is am elected chamber. Each member of the Commons is elected under the “first past the post” system, this leads to a majority in the commons. Due to this, when the Commons is debating issues, the party with the least members in the Commons has the least time to speak, and put their point forward, in order to scrutinise the government.  The U.K. has a representative democracy, which means that it elects people to make decisions on behalf of the electorate. In the long-term the electorate has the most power, as they can and do vote out the MP at the next election, however again with a big majority and collective responsibility it appears we have an elective dictatorship with a weak parliament. The House of Lords generally holds the same functions, but can be seen as weaker. It also holds extra elements such as judicious and constitutional safeguard roles.

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There are several ways in theory, in which Parliament can criticise the government effectively. One of the ways is using standing committees, which are temporary committees. They are set up to examine a certain part of a Bill, and then are dispended. All the members are temporary, and are new for each bill. Their purpose is to scrutinise Bills, clause by clause and propose amendments. In reality the committees are made up from MPs, and the numbers in the standing committee are representative of the number of seats in the House of Commons each party has, meaning a majority government ...

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