The legislative process involves both Houses of Parliament and the Monarch.

 

The main functions of Parliament are to:

§ make all UK law

§ provide, by voting for taxation, the means of carrying on the work of government

§ protect the public and safeguard the rights of individuals

§ scrutinize government policy and administration, including proposals for expenditure

§ examine European proposals before they become law

§ hear appeals in the House of Lords, the highest Court of Appeal in Britain

§ debate the major issues of the day.

 

Parliament has a maximum duration of five years. At any time up to the end of this period, a general election can be held for a new House of Commons.

 

The Houses of Parliament

 

Close by Westminster Abbey on the riverside stands the Palace of Westminster, generally known as the Houses of Parliament. Although these buildings are in Gothic style, the are not truly historic, for they were built in 1840 on the site of the old Palace which was destroyed by fire in 1834.

Parliament consists of two separate chambers whose membership and duties have evolved slowly over centuries: the House of Lords (or Upper House), whose members sit there by hereditary right or conferred privilege (there is an increasing number of life peers, whose titles cease when they die), and the House of Commons, where the elected Members of Parliament sit.

Although the Upper House is larger in membership – more than one thousand peers have the right to attend the sittings – nearly all the legislation is initiated in the House of Commons and presented to the Lords for approval. This is, however, little more than a formality, for the powers of the House of Lords are strictly limited. The Queen opens Parliament at the House of Lords.

The six hundred and fifty elected members of the House of Commons meet in a Chamber which is still sometimes called St. Stephen's Chapel. The original chapel where the first parliaments assembled centuries ago was lost in 1834, and the present Chamber is a replica of the one built in 1840, but destroyed during World War II. The members sit on two sides of the Chamber, one side for the Government and the other for the Opposition. Between them sits "Mr. Speaker," who acts as chairman in the debates. Traditionally, his role was to inform the House of Lords and the monarch of decisions taken by the elected parliament, and as there have been periods in British history when such a duty could be dangerous, the member chosen to be Mr. Speaker always accepted the position with the pretence of great reluctance and fear!

It is a privilege of democratic government that anyone may visit the Houses of Parliament and may sit in the Strangers' Gallery, looking down into the House of Commons, to listen to a debate. The Central Lobby entrance hall is usually busy with people coming and going, some just curious to see the inside of the buildings, others wanting to see their own elected MPs. On fine days, the terrace overlooking the river is crowded with small tables where Members can entertain their guests to tea.

The Parliamentary session begins in November and, with recessions at holiday periods (Christmas, Easter and in summer), lasts for about one hundred and sixty days. The sittings begin at 2.30 p.m. from Monday to Thursday and at 11 a.m. on Friday. There is no set finishing time for sittings and if there is urgent business to discuss the sittings may go on until late at night or, indeed, all through the night. All the time Parliament is in session, a flag flies at the top of the Victoria tower, and when the House is still sitting after dark, a light burns over the clock face of Big Ben.

Parliamentary Developments: 14^th – 20^th Centuries

 

In the 14^th Century, under King Edward III (1327-77) it was accepted that there should be no taxation without parliamentary consent, still a fundamental principle today. Two distinct Houses of Parliament were emerging for the first time, with the Commons sitting apart from the Lords from 1341. The 'Good Parliament' of 1376 saw the election of the first Speaker, Thomas Hungerford, to represent the Commons. It also saw the use of 'impeachment,' whereby the House of Commons as a body could accuse officials who had abused their authority and put them on trial before the Lords.

 

In the 15^th Century, the Commons gained equal law-making powers with the Lords, under King Henry V.

 

The 16^th Century saw the legal union of Wales – which had long been subject to the English Crown – with England under King Henry VIII (1536). Henry's reign also saw the Church of England break away form the Roman Catholic Church. The 'Gunpowder Plot' of 1605 may have been hatched when it became clear that the new King, James I, intended to do nothing to ease the plight of Catholics in the country. The Queen today remains the Supreme Governor of the Church of England and, as the sovereign, must by law be a member of that Church.

 

In the 17^th Century, tensions increased between parliament and monarch, such that in 1641 the King and Parliament could not agree on the control of troops for repression of the Irish Rebellion. Civil War broke out the following year, leading to the execution of King Charles I in January 1649. Following the restoration of the Monarchy in 1660, the role of parliament was enhanced by the events of 1688-89 (the 'Glorious Revolution') and the passage of the Bill of Rights which established the authority of Parliament over the King, and enshrined in law the principle of freedom of speech in parliamentary debates.

 

1707 brought the Union with Scotland and the first Parliament of Great Britain. Union with Ireland, which followed in 1801, lasted until its independence and the separation of Northern Ireland in the 1920s. Growing pressure for reform of Parliament in the 18^th and 19^th centuries led to a serious of Reform acts which extended the electoral franchise to most men (over 21) in 1867 and, finally, to women over 21 in 1928.

 

The legislative primacy of the House of Commons over the Lord was confirmed in the 20^th Century by the passing of the Parliament Acts of 1911 and 1949. Until the early years of the 20^th century, the House of Lords had the power to prevent legislation, as bills had to be passed by both Houses of Parliament. David Lloyd-George's so-called people's budget of 1909 brought this arrangement under strain, when the House of Lords originally refused to pass it. Eventually, the budget was passed after a general election in 1910; a second election was then fought on the issue of reform of the House of Lords. The result was the Parliament Act of 1911, which removed from the House of Lords the power to veto a bill, except one to prolong the lifetime of a parliament. Instead, the Lords could delay a bill by up to two years. The Act also educed the maximum lifespan of a Parliament from seven years to its present five years. The Parliament Act of 1949 further reduced the Lords' delaying powers to one year.

Since 1949 four acts have been passed into law without the consent of the House of Lords:

Ø The War Crimes Act 1991

Ø The European Parliamentary Elections Act 1999

Ø The Sexual Offences (Amendment) Act 2000

Ø The Hunting Act 2004.