This chapter is concerned with the two chambers of Parliament, which, together with the Queen, collectively form Parliament: these are the House of Commons (HC) and the House of Lords (HL). The composition of both Houses is considered in this chapter, and attention is given to the officers of the House of Commons, the life of Parliament, House of Commons sittings, and the committee system. The electoral franchise is discussed and attention is focused on the important issues of electoral reform and the reform of the House of Lords. The chapter concludes by considering what is meant by the term ‘parliamentary privilege’.
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5. Parliament
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5. Parliament
The Q&A series offers the best preparation for tackling exam questions. Each chapter includes typical questions, diagram problem and essay answer plans, suggested answers, notes of caution, tips on obtaining extra marks, the key debates on each topic, and suggestions on further reading. This chapter presents information relating to Parliament. It looks at all aspects of how both the House of Commons and House of Lords work and how they might be reformed. The questions the chapter looks at deal with issues such as the reform of procedures and operation of the House of Commons; how newly elected MPs can influence government policy; the role of departmental select committees; parliamentary privilege; and House of Lords reform.
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R v Chaytor and others [2010] UKSC 52, Supreme Court
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Chaytor and others [2010] UKSC 52, Supreme Court. This case considered the extent of parliamentary privilege, and the courts’ role in interpreting it. The document also includes supporting commentary and questions from author Thomas Webb.
Chapter
R v Chaytor and others [2010] UKSC 52, Supreme Court
Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case document summarizes the facts and decision in R v Chaytor and others [2010] UKSC 52, Supreme Court. This case considered the extent of parliamentary privilege, and the courts’ role in interpreting it. The document also includes supporting commentary and questions from author Thomas Webb.
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6. The UK Parliament
This chapter focuses on three principal issues concerning the UK Parliament. First, it addresses the democratic credentials of Parliament. Second, it considers Parliament’s legislative role. Third, it examines Parliament’s powers. The chapter shows that, at least in constitutional theory, Parliament is ‘sovereign’, meaning that its authority to legislate is legally unlimited, and considers why this is, whether it is acceptable, and whether the notion of parliamentary sovereignty remains accurate today.
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4. Judicial Independence
This chapter examines the notion of judicial independence. It discusses the Constitutional Reform Act 2005 and its provisions reforming the office of the Lord Chancellor, establishing a new Supreme Court, and restructuring judicial appointments. Judicial diversity and discipline, along with further change to the judicial appointments process, are also considered. The chapter also considers the accountability of the judiciary to Parliament and the public, and the relationship between judicial independence and parliamentary privilege.
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6. The UK Parliament
This chapter focuses on four principal issues concerning the UK Parliament. First, it addresses the democratic credentials of Parliament and what is meant by Parliament being ‘democratic’. Second, it considers parliamentary privilege. Third it examines Parliament’s legislative role which is principally a governmental function and involves Parliament holding the government to account. Fourth, it examines Parliament’s powers and parliamentary scrutiny. The chapter shows that, at least in constitutional theory, Parliament is ‘sovereign’, meaning that its authority to legislate is legally unlimited, and considers why this is, whether it is acceptable, and whether the notion of parliamentary sovereignty remains accurate today.
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10. The Legislature: membership, privileges, and standards
This chapter explores the role and membership of Parliament’s two chambers, the House of Commons and the House of Lords, the operation of parliamentary privilege; and accountability of members. The key functions of Parliament include controlling national expenditure and taxation; sustaining the government; legislating and scrutinising government actions. The House of Commons is the pre-eminent chamber and dominates Parliament. The Commons’ membership consists of Members of Parliament (MPs) who are democratically elected by the public to represent their interests in Parliament. The membership of the House of Lords largely relies on patronage. Members of the Lords are appointed by the Queen on the Prime Minister’s advice. The House of Lords is an important revising and scrutinising chamber, and while it is subordinate to the democratically elected House of Commons, it is also a check on constitutional change by the Commons. The Parliament Acts 1911 and 1949 redefined the Lords’ legislative powers over public bills and established the Commons’ primacy. The chapter then considers the operation of parliamentary privilege. Parliament needs parliamentary privilege to conduct its core business effectively, independently, and without fear of outside interference, and to protect everything said or done in the transaction of parliamentary business. Indeed, Parliament is self-regulating and, as a sovereign body, operates outside the jurisdiction of the courts except for the criminal law. Each House has its own standards of conduct and disciplinary powers which ensure accountability.
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17. Article 10: freedom of expression
Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. It discusses European Convention law and relates it to domestic law under the HRA. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter focuses on Article 10, one of the fundamental rights acknowledged in a liberal, democratic society—freedom of expression. Article 10 is a qualified right which reflects the idea that there can be important and legitimate reasons as to why freedom of expression may need to be restricted in order to protect other important rights and freedoms. While the first paragraph of Article 10 establishes a general right to freedom of expression, its second paragraph identifies the only bases upon which the right can be restricted. Restriction of the freedom of expression is subject to scrutiny by the courts, and its necessity must be established by the state. In particular the chapter discusses human rights in the context of political speech and the impact of restraints on hate speech.
