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1

Chapitre 2 ; The legislative branch

Droit international

Introduction


-What are the upper and lower houses of Parliament called?

  • House of Commons: This is the lower house of Parliament. It is composed of Members of Parliament (MPs) who are elected by the public during general elections. The House of Commons plays a primary role in making and passing laws.
  • House of Lords: This is the upper house of Parliament. It is made up of appointed and hereditary members, including life peers, bishops, and other distinguished figures. The House of Lords reviews and revises legislation proposed by the House of Commons, but it cannot ultimately block bills indefinitely.


Le Parlement britannique est composé de deux chambres :

  • La Chambre des Communes (chambre basse) avec les députés élus.
  • La Chambre des Lords (chambre haute) avec des membres nommés et héréditaires, y compris des pairs à vie.


-What happened in 1332?

  • Battle of Dupplin Moor: In 1332, Edward Balliol (the son of John Balliol, former King of Scotland) defeated the Scots in the Battle of Dupplin Moor.
  • Edward Balliol claims the Scottish throne: After his victory, Edward Balliol tried to take the Scottish throne and rule Scotland, although his claim was not widely recognized and was contested by the Scots.
  • Before the Black Death: This period occurred just before the Black Death (1347-1351), a catastrophic plague that killed a large proportion of Europe's population.


En 1332Edward Balliol a vaincu les Écossais à la bataille de Dupplin Moor et a tenté de revendiquer le trône écossais. Cette période se situe avant l’arrivée de la Peste Noire, qui dévasta l’Europe dans les années 1340.


-What does Parliamentary sovereignty mean?


  • Parliamentary sovereignty means that Parliament is the supreme legal authority in the country. It can create, amend, or end any law. Generally, no other body, including the courts or the monarch, can overrule or reject the decisions made by Parliament. This concept is a cornerstone of the UK's constitution, even though the UK does not have a written constitution like many other countries.


La souveraineté parlementaire signifie que le Parlement est l’autorité légale suprême du pays. Il a le pouvoir de créer, modifier ou abroger des lois. Aucune autre autorité, y compris les tribunaux ou la monarchie, ne peut annuler les décisions prises par le Parlement.


-What is the British Constitution?


  • The British Constitution is a combination of statute lawcommon law, and conventions. Unlike many countries, the UK does not have a single, written constitution. Instead, its constitution is made up of:
  • Statute Law: Laws passed by Parliament (e.g., the Human Rights Act 1998).
  • Common Law: Legal precedents set by judges' decisions in court cases.
  • Conventions: Established practices and customs that guide government and parliamentary actions (e.g., the role of the monarch, who remains politically neutral).
  • The British Constitution is flexible and can be changed by acts of Parliament, judicial rulings, or changes in political practice. It is not written in one document but exists through various laws and historical practices.


La Constitution britannique n’est pas écrite dans un seul document, mais est composée de plusieurs éléments :

  • Les lois (par exemple, la Loi sur les droits de l'homme de 1998),
  • Le droit commun (précédents judiciaires),
  • Les conventions (pratiques établies, comme la neutralité politique de la monarchie).

Elle est souple et peut être modifiée par des lois du Parlement ou par des pratiques politiques.


2 How do you get a seat in Parliament?

A/ The House of Commons


-How many constituencies are there in the UK?

  • There are 650 constituencies in the UK. Each constituency elects one Member of Parliament (MP) to the House of Commons during general elections.


-Who has the right to vote in UK general elections?

In UK general elections, voting rights are given to people who:

  • Are 18 years or older.
  • Are British, Irish, or qualifying Commonwealth citizens.
  • Are registered to vote.


-What is the electoral system used in the UK general election? How does it work?

The UK uses the First Past the Post (FPTP) electoral system. Here’s how it works:

  • The country is divided into constituencies.
  • In each constituency, the electorate votes to elect a single Member of Parliament (MP).
  • The candidate who receives the most votes (not necessarily a majority) wins the seat.


-Why has the First Past the Post system been criticized?

The First Past the Post (FPTP) system has faced criticism for several reasons:

  • Not proportional – A party can win many seats without securing most of the votes. For example, a party could win 40% of the national vote and still end up with more seats than a party with 50% of the votes.
  • Wastes votes – Votes for losing candidates don’t contribute to the representation, meaning a large number of votes don't influence the final result.
  • Disadvantages minor parties – Smaller parties with a significant portion of public support may struggle to win seats, as they don’t have the concentrated regional support needed under FPTP.
  • Safe seats – In certain areas, one party has such strong support that the result is predictable, leading to less competition.


-What are its advantages?

The First Past the Post (FPTP) system also has several advantages:

  • Simplicity – The system is easy to understand; whoever gets the most votes wins.
  • Quick results – Counting votes is straightforward, leading to faster results.
  • Strong, stable governments – FPTP often provides a clear majority for one party, leading to a stable government.
  • Clear local representation – Each constituency has one MP directly representing them in Parliament.


-When are general elections held?

  • General elections in the UK are held every five years.
  • The date for a general election is set by law, but it can be called earlier under certain circumstances, such as if the Prime Minister requests it or if a vote of no confidence passes.


-Why did Boris Johnson decide to call a snap election in 2019? Did his plan succeed?

  • Reason for the snap election:
  • Boris Johnson called a snap election in 2019 due to the political deadlock caused by Brexit. Parliament had repeatedly blocked his plans to leave the European Union (EU) on his terms, which led to a stalemate.
  • His goal: Johnson hoped that by calling an early election, he would secure a stronger majority in Parliament, enabling him to pass his Brexit deal and break the impasse.
  • Did it succeed?
  • Yes, in the December 2019 election, Johnson’s Conservative Party won a large majority in Parliament, which allowed him to push forward with his Brexit plan. This election result gave him the political mandate he needed to proceed.


Le système électoral du Royaume-Uni, bien qu'efficace pour garantir la stabilité gouvernementale, est souvent critiqué pour son manque de proportionnalité et ses effets sur la représentation des petits partis. Les élections générales se tiennent tous les cinq ans, mais le Premier ministre peut convoquer des élections anticipées pour tenter de résoudre un impasse politique, comme cela a été le cas avec Boris Johnson en 2019, qui a réussi à obtenir la majorité nécessaire pour faire avancer son projet de Brexit.


B/ The House of Lords

-Different Types of Peers in the House of Lords

  • Life Peers:
  • Appointed for life; their title cannot be inherited.
  • These appointments are made based on political service or expertise in specific areas.
  • Bishops (Lords Spiritual):
  • Senior members of the Church of England. There are 26 bishops currently sitting in the House of Lords.
  • Hereditary Peers:
  • Inherited titles, but only 92 can sit in the House today due to reforms in 1999.


-Political Appointments of Life Peers

  • Life peers are appointed by the Monarch on the advice of the Prime Minister.
  • The Prime Minister suggests individuals, often for political service or expertise.
  • Appointments are officially made via letters patent, which give them a lifetime title.
  • Life peers cannot pass their title to their children.


-Political vs. Non-Political Peers

  • Political Peers are also called party-political peers or simply party peers.
  • They are appointed due to their connection with a political party and generally support their party in the House of Lords while reviewing and debating legislation.
  • Non-political Peers (also known as crossbenchers) are appointed through the House of Lords Appointments Commission.
  • They are appointed for their expertise, achievements, or public service and do not belong to any political party.


Which House is More Powerful?

  • Historically, the House of Commons (HC) has become more powerful than the House of Lords (HL) over the years, especially after the Parliament Acts.
  • The House of Commons now dominates the legislative process, while the House of Lords has a limited role.
  • Reasons why the House of Lords is less powerful:
  • The Lords are not elected, which makes their legitimacy weaker than that of the elected Commons.
  • Their power to block legislation is limited:
  • The Parliament Act of 1911 restricted the Lords' power to block legislation to two years.
  • The Parliament Act of 1949 reduced this to just one year.
  • The Salisbury Convention:
  • This unwritten convention states that any bill implementing an electoral promise cannot be blocked by the House of Lords. This is to respect the democratic will of the elected government.


3. How the UK Parliament works

A/  Who presides over the Houses of Parliament?


-Who presides over the House of Commons?

  • The Speaker of the House of Commons presides over debates and discussions.
  • The position of Speaker dates back to the creation of the Parliament itself.
  • The current Speaker is Sir Lindsay Hoyle.
  • The Speaker is elected by Members of Parliament (MPs), and once elected, they must remain impartial. This means they must resign from their political party and cannot engage in party politics during their term.
  • Their duties include:
  • Chairing debates in the Commons.
  • Maintaining order in the House and ensuring that MPs speak when called upon. If the Speaker decides not to allow someone to speak, they cannot do so.
  • The Speaker has a casting vote. If there is a tie (an equal number of votes), the Speaker can cast a vote to break the deadlock. This vote is only used in the case of a tie and is the only time the Speaker votes.


-What are the Speaker's duties?

  • Chairs debates and ensures that they are conducted fairly.
  • Maintains order during debates and intervenes when necessary to prevent disruptions.
  • Calls MPs to speak and ensures everyone follows the rules of the House.
  • Oversees parliamentary proceedings, including the administration of votes.
  • Ensures fairness and impartiality in all matters in the House of Commons.


-What must the Speaker do in the event of a tied vote?

  • If there is a tie in a vote, the Speaker is required to cast a casting vote to resolve the deadlock.
  • The Speaker's casting vote is exercised in a way that preserves the status quo (meaning they would typically vote to allow further debate or discussion on the matter rather than taking a side).
  • The casting vote is used only in the event of a tie and represents the Speaker's duty to ensure that the House can continue its work.


-Who presides over the House of Lords?

  • The Lord Speaker (or Lady Speaker, depending on the gender) presides over the House of Lords.
  • The current Lord Speaker is John Fall.
  • Like the Speaker of the House of Commons, the Lord Speaker is elected by peers and must remain impartial.
  • However, the Lord Speaker's role is less important compared to the Speaker of the House of Commons for one main reason: the House of Lords is not an elected chamber, so it lacks the same power as the House of Commons.
  • While the Lord Speaker presides over debates in the House of Lords and ensures order, their influence and duties are somewhat limited because the House of Lords primarily serves as a revising and scrutinizing body, rather than a legislative chamber with the same authority as the House of Commons.


B/ How does Parliament work?

-Define the following words: a Parliament, a parliamentary session

  • A Parliament: The period between one general election and the next. This is the full cycle during which the elected members of Parliament (MPs) represent their constituents and pass laws.
  • A Parliamentary session: This is the period that begins with the State Opening of Parliament and ends when Parliament is prorogued (temporarily suspended). For example, in August 2019, Boris Johnson decided to prorogue Parliament.


-When does Parliament sit?

  • Parliament sits for 155 days each year, with the specific days and times being set by the government.


-What is the prorogation of Parliament?

  • Prorogation refers to the formal suspension of Parliament by the Monarch, on the advice of the Prime Minister. During prorogation, Parliament is temporarily closed, and no business or debates can take place. The Prime Minister may use prorogation to end a session and start a new one, or as a way to pause Parliament for a period of time.


-How is parliamentary time organized in the House of Commons?

  • Parliamentary time is generally organized under the control of the government.
  • 120 days of the year are typically dedicated to government business.
  • The Standing Order 14 sets out how parliamentary time should be allocated, ensuring that government business always has precedence during sittings.
  • The weekly timetable is determined by the Leader of the House of Commons. MPs can request changes, but the Leader has the final say.


-How is the Majority Party structured? How is the Opposition Party structured? Who are backbenchers in the House of Commons?

  • The Majority Party (Government):
  • Cabinet ministers: Senior ministers who are in charge of major government departments.
  • Other ministers: Known as frontbenchers, they sit at the front during debates.
  • Backbenchers: Ordinary MPs who do not hold a ministerial position. They sit behind the frontbenchers and often represent their party in Parliament without holding government office.
  • The Opposition Party:
  • Shadow Cabinet: Senior members of the opposition who shadow government ministers, offering an alternative view and scrutinizing government policies.
  • Frontbenchers: Similar to the ruling party, these are opposition MPs who play a key role in debates and policy.
  • Backbenchers: Ordinary MPs who do not hold a shadow ministerial role.


-What does collective cabinet responsibility mean?

  • Collective cabinet responsibility means that all ministers in the Cabinet are required to support government decisions and vote with the government in Parliament. If a minister disagrees with the government on a major issue, they must resign from their position. This ensures unity and cohesion in the government.


-How is party discipline exercised in the House of Commons?

  • Party discipline in the House of Commons is very strict, and MPs are expected to follow the party line when voting on issues.
  • Whips play a crucial role in maintaining party discipline. They ensure MPs attend votes and vote according to the party's instructions.
  • MPs receive regular whip messages indicating the importance of attending votes:
  • One line: Your attendance is requested.
  • Two lines: Your attendance is necessary.
  • Three lines: Your attendance is essential.
  • MPs who refuse to follow the party line may face suspension or even expulsion from the party.
  • Whips also help control backbenchers (ordinary MPs) to ensure they vote in line with the government, as it is difficult for MPs to get elected without the backing of their party.


-For each party: what is the name of the party and its leader? Are they left-wing, right-wing, or centrist?

  • The Labour Party:
  • LeaderKeir Starmer.
  • Position: Center-left.
  • 2024 Election: Won a landslide victory with 412 MPs, currently the majority party.


  • The Liberal Democrats (Lib Dems):
  • LeaderSir Ed Davey.
  • Position: Centrist.
  • Policies: Supports social justice with minimal state intervention and is anti-Brexit.
  • Seats: Currently hold 72 seats.


  • The Conservative Party (Tories):
  • LeaderKemi Badenoch (since November 2024).
  • Position: Center-right.
  • Background: Lost its majority in the 2024 election.


  • The Scottish National Party (SNP):
  • LeaderJohn Swinney.
  • Position: Broadly left-wing.
  • Policy: Advocates for Scottish independence (supported by the 2014 independence referendum).
  • Brexit stance: Opposes Brexit.
  • Seats: 9 seats (lost 38 in 2024).


  • Sinn Féin:
  • LeaderMary Lou McDonald.
  • Position: Left-wing.
  • Policy: Favors reunification with the Republic of Ireland and has socially progressive policies.
  • Seats: Sinn Féin MPs refuse to take up their seats in Westminster as a protest against British rule in Northern Ireland.


  • The Democratic Unionist Party (DUP):
  • The DUP is a right-wing party in Northern Ireland, traditionally focused on unionism (maintaining Northern Ireland’s union with the UK) and social conservatism.
  • Leader: Not specified in the text, but traditionally led by figures like Arlene Foster or Jeffrey Donaldson.


Le fonctionnement du Parlement britannique repose sur une organisation très précise :

  1. Les séances parlementaires : Le Parlement siège pendant 155 jours par an, et les activités sont largement contrôlées par le gouvernement. Le gouvernement a priorité dans l'ordre du jour, et la planification est gérée par le Leader of the House of Commons.
  2. Les partis :
  • Le Parti majoritaire (gouvernement) est composé des ministres du cabinet et des backbenchers (MPs ordinaires).
  • L'opposition dispose de son Shadow Cabinet, un groupe de ministres de l’opposition qui scrutent les actions du gouvernement.
  1. Discipline des partis : Les whips assurent la discipline et veillent à ce que les MPs suivent la ligne de leur parti lors des votes. Les désaccords peuvent mener à une démission ou à des sanctions.
  2. Le système politique : Le Parti travailliste est au centre-gauche, tandis que les Conservateurs sont de centre-droit. Le SNP défend l'indépendance écossaise, et Sinn Féin soutient la réunification de l'Irlande.


C/ What does Parliament do?


-What are Parliament’s two main roles?

  1. Making and changing laws: Parliament is responsible for scrutinizing existing laws and creating new legislation to ensure they are up-to-date and effective. This involves debating bills, amending them, and ensuring they align with the needs and interests of the country.
  2. Holding the government to account: Parliament monitors and checks the actions of the government to ensure it is performing its duties properly. This includes questioning ministers, scrutinizing policies, and ensuring that the government is acting in the public interest.


-What are the main characteristics of a public bill?

  • Introduced by a government minister: A public bill is typically introduced by a Secretary of State or another government minister.
  • Fully supported by the government: These bills are a key part of the government's agenda and are usually backed by the ruling party.
  • Often part of the election manifesto: Public bills are often proposed as part of the government's election promises. For example, the reform of the House of Lords may be presented as a public bill.


-What are the main characteristics of a private member’s bill?

  • Introduced by an MP or member of the House of Lords who is not a government minister: A private member's bill (PMB) is introduced by a non-government member.
  • Dealing with sensitive or controversial topics: These bills often address issues that might not be on the government’s immediate agenda, such as the End of Life Bill (2024-26).
  • Can be easily blocked by the government: The government can usually prevent PMBs from becoming law, especially if they are not part of the government's legislative agenda.


-How many public bills do not pass the House of Commons?

  • None: In general, public bills proposed by the government pass through the House of Commons because the ruling party has a majority. The government can make amendments to the bills, but they usually pass successfully.


-When does parliamentary ping-pong occur?

  • Parliamentary ping-pong happens when a bill is introduced in one of the two houses (House of Commons or House of Lords), and after being amended in the second house, it is sent back to the first house for agreement on the changes.
  • If there is disagreement, the bill may go back and forth between the two houses until a compromise is reached.
  • If both houses agree, the bill is sent to the Monarch for Royal Assent.


-What happens if no compromise is found between the two chambers? What can the government do to get around this problem?

  • If no compromise is found, the bill is usually dead. However, the government can reintroduce the same bill the following year, and the House of Lords can no longer block it a second time.
  • For example, the Hunting Act of 2004 was blocked by the House of Lords in 2003 but passed the following year after the government reintroduced the bill.


37. How many bills are rejected by the House of Lords? Why?

  • Very few: The House of Lords primarily acts as a revising chamber. Its role is to scrutinize and revise legislation, not to block bills outright.
  • Reasons for minimal rejection: The House of Lords is unelected, and therefore its power to block legislation is limited. It scrutinizes government bills and, if necessary, raises concerns about measures it feels are unfair or not in the public interest.
  • The Salisbury Convention: This is an unwritten rule stating that any bill which implements an electoral promise made by the government cannot be blocked by the House of Lords.


-How does Parliament hold the Government to account?

  • Mainly done by the House of Commons: Parliament holds the government accountable through various methods, with a primary focus on the House of Commons.
  • Methods of accountability:
  • Questions to ministers (both oral and written)
  • Debates on government policies and actions


-What are the three types of questions Parliament can ask a minister?

  1. Oral questions: MPs ask questions in person during debates, and ministers provide live responses.
  2. Written questions: MPs submit questions in writing, and ministers provide written responses.
  3. Purpose of questions:
  • Press for action: MPs may question ministers to prompt action on specific issues.
  • Seek information: MPs may ask for clarification or details on policies or bills.
  • Defend decisions: MPs may challenge ministers and ask them to justify their policies and decisions.
  • Prime Minister’s Questions (PMQs): Every Wednesday, the Prime Minister answers questions from MPs for half an hour, which is a particularly animated and high-profile moment in the House of Commons.


-What are the different types of debate held in Parliament?

  1. Emergency debates: These are called in response to urgent events, such as national crises or terrorist attacks.
  2. Adjournment debates: These debates typically focus on local issues and are held before Parliament rises for a break or recess.
  3. Westminster Hall debates: These are less formal debates in Westminster Hall (a part of Parliament), often focusing on specific issues of interest. For example:
  • In 2017, a petition was launched against a state visit by Donald Trump to the UK, which gathered nearly 1.8 million signatures. A debate was held in Westminster Hall, though no vote was taken. MPs used this debate to express their support or opposition to the visit.
  1. Annual debates: These debates are scheduled annually and often focus on reviewing the government’s work over the past year or discussing broader national issues.


Le travail du Parlement britannique comprend plusieurs rôles clés :

  1. Création et révision des lois : Le Parlement propose et examine des projets de loi pour s'assurer qu'ils sont adaptés et efficaces. Ces projets peuvent être des projets de loi publics (présentés par le gouvernement) ou des projets de loi de membres privés (proposés par des membres non gouvernementaux).
  2. Responsabilisation du gouvernement : Le Parlement met en place des mécanismes de contrôle pour tenir le gouvernement responsable de ses actions. Cela inclut des questions aux ministres, des débat sur des sujets importants, et des vérifications de la conformité des politiques du gouvernement.
  3. Types de questions au gouvernement : Les questions parlementaires peuvent être orales (posées en séance) ou écrites (réponses fournies par écrit). Elles visent à interroger les ministres, à demander des éclaircissements sur les politiques, ou à défendre certaines décisions.
  4. Débats parlementaires : Le Parlement organise différents types de débats :
  • Débats d'urgence en réponse à des événements imprévus.
  • Débats de Westminster Hall, qui permettent aux MPs de débattre de questions spécifiques sans prendre de décisions.
  • Débats annuels sur des sujets importants de l'année.


Conclusion


How is the legislative branch controlled by the UK government?

While Parliament is theoretically the most powerful branch of government in the UK, in practice, the government exercises significant control over the legislative process. Several mechanisms enable this:

  1. Majority in Parliament: The government usually holds a majority in the House of Commons, giving it the power to pass legislation easily. This majority often allows the government to push through its legislative agenda.
  2. Whips system: The government uses whips (party enforcers) to ensure that MPs vote in line with the party's position. This system ensures party discipline and reduces the likelihood of backbenchers voting against the government’s interests.
  3. Control of parliamentary time: The frontbenchers (senior members of the government) decide the parliamentary schedule, setting the agenda and deciding which issues are prioritized.
  4. Government bills: The government drafts the majority of the bills presented in Parliament, meaning they have significant influence over the content of proposed legislation.
  5. Ability to block legislation: The government has the power to block any legislation it is opposed to, especially by controlling its own majority and utilizing parliamentary rules to manage the legislative process.


-What is the UK Parliament’s main power?

The UK Parliament’s main powers focus on two key areas:

  1. Scrutinizing and challenging legislation: Parliament has the power to examine and critique government legislation. While it can draw attention to controversial or problematic bills, its ability to change legislation is often limited, especially when the government holds a strong majority.
  2. Holding the government to account: Parliament can scrutinize the actions and decisions of the government. It holds the government accountable through debates, questions, and committees that investigate government actions.
  3. Raising public awareness: Parliament also serves as a platform for drawing attention to important or controversial issues. MPs often use their position to raise public awareness of specific problems, even if they have limited ability to immediately change the law or government policy.


Post-Bac
1

Chapitre 2 ; The legislative branch

Droit international

Introduction


-What are the upper and lower houses of Parliament called?

  • House of Commons: This is the lower house of Parliament. It is composed of Members of Parliament (MPs) who are elected by the public during general elections. The House of Commons plays a primary role in making and passing laws.
  • House of Lords: This is the upper house of Parliament. It is made up of appointed and hereditary members, including life peers, bishops, and other distinguished figures. The House of Lords reviews and revises legislation proposed by the House of Commons, but it cannot ultimately block bills indefinitely.


Le Parlement britannique est composé de deux chambres :

  • La Chambre des Communes (chambre basse) avec les députés élus.
  • La Chambre des Lords (chambre haute) avec des membres nommés et héréditaires, y compris des pairs à vie.


-What happened in 1332?

  • Battle of Dupplin Moor: In 1332, Edward Balliol (the son of John Balliol, former King of Scotland) defeated the Scots in the Battle of Dupplin Moor.
  • Edward Balliol claims the Scottish throne: After his victory, Edward Balliol tried to take the Scottish throne and rule Scotland, although his claim was not widely recognized and was contested by the Scots.
  • Before the Black Death: This period occurred just before the Black Death (1347-1351), a catastrophic plague that killed a large proportion of Europe's population.


En 1332Edward Balliol a vaincu les Écossais à la bataille de Dupplin Moor et a tenté de revendiquer le trône écossais. Cette période se situe avant l’arrivée de la Peste Noire, qui dévasta l’Europe dans les années 1340.


-What does Parliamentary sovereignty mean?


  • Parliamentary sovereignty means that Parliament is the supreme legal authority in the country. It can create, amend, or end any law. Generally, no other body, including the courts or the monarch, can overrule or reject the decisions made by Parliament. This concept is a cornerstone of the UK's constitution, even though the UK does not have a written constitution like many other countries.


La souveraineté parlementaire signifie que le Parlement est l’autorité légale suprême du pays. Il a le pouvoir de créer, modifier ou abroger des lois. Aucune autre autorité, y compris les tribunaux ou la monarchie, ne peut annuler les décisions prises par le Parlement.


-What is the British Constitution?


  • The British Constitution is a combination of statute lawcommon law, and conventions. Unlike many countries, the UK does not have a single, written constitution. Instead, its constitution is made up of:
  • Statute Law: Laws passed by Parliament (e.g., the Human Rights Act 1998).
  • Common Law: Legal precedents set by judges' decisions in court cases.
  • Conventions: Established practices and customs that guide government and parliamentary actions (e.g., the role of the monarch, who remains politically neutral).
  • The British Constitution is flexible and can be changed by acts of Parliament, judicial rulings, or changes in political practice. It is not written in one document but exists through various laws and historical practices.


La Constitution britannique n’est pas écrite dans un seul document, mais est composée de plusieurs éléments :

  • Les lois (par exemple, la Loi sur les droits de l'homme de 1998),
  • Le droit commun (précédents judiciaires),
  • Les conventions (pratiques établies, comme la neutralité politique de la monarchie).

Elle est souple et peut être modifiée par des lois du Parlement ou par des pratiques politiques.


2 How do you get a seat in Parliament?

A/ The House of Commons


-How many constituencies are there in the UK?

  • There are 650 constituencies in the UK. Each constituency elects one Member of Parliament (MP) to the House of Commons during general elections.


-Who has the right to vote in UK general elections?

In UK general elections, voting rights are given to people who:

  • Are 18 years or older.
  • Are British, Irish, or qualifying Commonwealth citizens.
  • Are registered to vote.


-What is the electoral system used in the UK general election? How does it work?

The UK uses the First Past the Post (FPTP) electoral system. Here’s how it works:

  • The country is divided into constituencies.
  • In each constituency, the electorate votes to elect a single Member of Parliament (MP).
  • The candidate who receives the most votes (not necessarily a majority) wins the seat.


-Why has the First Past the Post system been criticized?

The First Past the Post (FPTP) system has faced criticism for several reasons:

  • Not proportional – A party can win many seats without securing most of the votes. For example, a party could win 40% of the national vote and still end up with more seats than a party with 50% of the votes.
  • Wastes votes – Votes for losing candidates don’t contribute to the representation, meaning a large number of votes don't influence the final result.
  • Disadvantages minor parties – Smaller parties with a significant portion of public support may struggle to win seats, as they don’t have the concentrated regional support needed under FPTP.
  • Safe seats – In certain areas, one party has such strong support that the result is predictable, leading to less competition.


-What are its advantages?

The First Past the Post (FPTP) system also has several advantages:

  • Simplicity – The system is easy to understand; whoever gets the most votes wins.
  • Quick results – Counting votes is straightforward, leading to faster results.
  • Strong, stable governments – FPTP often provides a clear majority for one party, leading to a stable government.
  • Clear local representation – Each constituency has one MP directly representing them in Parliament.


-When are general elections held?

  • General elections in the UK are held every five years.
  • The date for a general election is set by law, but it can be called earlier under certain circumstances, such as if the Prime Minister requests it or if a vote of no confidence passes.


-Why did Boris Johnson decide to call a snap election in 2019? Did his plan succeed?

  • Reason for the snap election:
  • Boris Johnson called a snap election in 2019 due to the political deadlock caused by Brexit. Parliament had repeatedly blocked his plans to leave the European Union (EU) on his terms, which led to a stalemate.
  • His goal: Johnson hoped that by calling an early election, he would secure a stronger majority in Parliament, enabling him to pass his Brexit deal and break the impasse.
  • Did it succeed?
  • Yes, in the December 2019 election, Johnson’s Conservative Party won a large majority in Parliament, which allowed him to push forward with his Brexit plan. This election result gave him the political mandate he needed to proceed.


Le système électoral du Royaume-Uni, bien qu'efficace pour garantir la stabilité gouvernementale, est souvent critiqué pour son manque de proportionnalité et ses effets sur la représentation des petits partis. Les élections générales se tiennent tous les cinq ans, mais le Premier ministre peut convoquer des élections anticipées pour tenter de résoudre un impasse politique, comme cela a été le cas avec Boris Johnson en 2019, qui a réussi à obtenir la majorité nécessaire pour faire avancer son projet de Brexit.


B/ The House of Lords

-Different Types of Peers in the House of Lords

  • Life Peers:
  • Appointed for life; their title cannot be inherited.
  • These appointments are made based on political service or expertise in specific areas.
  • Bishops (Lords Spiritual):
  • Senior members of the Church of England. There are 26 bishops currently sitting in the House of Lords.
  • Hereditary Peers:
  • Inherited titles, but only 92 can sit in the House today due to reforms in 1999.


-Political Appointments of Life Peers

  • Life peers are appointed by the Monarch on the advice of the Prime Minister.
  • The Prime Minister suggests individuals, often for political service or expertise.
  • Appointments are officially made via letters patent, which give them a lifetime title.
  • Life peers cannot pass their title to their children.


-Political vs. Non-Political Peers

  • Political Peers are also called party-political peers or simply party peers.
  • They are appointed due to their connection with a political party and generally support their party in the House of Lords while reviewing and debating legislation.
  • Non-political Peers (also known as crossbenchers) are appointed through the House of Lords Appointments Commission.
  • They are appointed for their expertise, achievements, or public service and do not belong to any political party.


Which House is More Powerful?

  • Historically, the House of Commons (HC) has become more powerful than the House of Lords (HL) over the years, especially after the Parliament Acts.
  • The House of Commons now dominates the legislative process, while the House of Lords has a limited role.
  • Reasons why the House of Lords is less powerful:
  • The Lords are not elected, which makes their legitimacy weaker than that of the elected Commons.
  • Their power to block legislation is limited:
  • The Parliament Act of 1911 restricted the Lords' power to block legislation to two years.
  • The Parliament Act of 1949 reduced this to just one year.
  • The Salisbury Convention:
  • This unwritten convention states that any bill implementing an electoral promise cannot be blocked by the House of Lords. This is to respect the democratic will of the elected government.


3. How the UK Parliament works

A/  Who presides over the Houses of Parliament?


-Who presides over the House of Commons?

  • The Speaker of the House of Commons presides over debates and discussions.
  • The position of Speaker dates back to the creation of the Parliament itself.
  • The current Speaker is Sir Lindsay Hoyle.
  • The Speaker is elected by Members of Parliament (MPs), and once elected, they must remain impartial. This means they must resign from their political party and cannot engage in party politics during their term.
  • Their duties include:
  • Chairing debates in the Commons.
  • Maintaining order in the House and ensuring that MPs speak when called upon. If the Speaker decides not to allow someone to speak, they cannot do so.
  • The Speaker has a casting vote. If there is a tie (an equal number of votes), the Speaker can cast a vote to break the deadlock. This vote is only used in the case of a tie and is the only time the Speaker votes.


-What are the Speaker's duties?

  • Chairs debates and ensures that they are conducted fairly.
  • Maintains order during debates and intervenes when necessary to prevent disruptions.
  • Calls MPs to speak and ensures everyone follows the rules of the House.
  • Oversees parliamentary proceedings, including the administration of votes.
  • Ensures fairness and impartiality in all matters in the House of Commons.


-What must the Speaker do in the event of a tied vote?

  • If there is a tie in a vote, the Speaker is required to cast a casting vote to resolve the deadlock.
  • The Speaker's casting vote is exercised in a way that preserves the status quo (meaning they would typically vote to allow further debate or discussion on the matter rather than taking a side).
  • The casting vote is used only in the event of a tie and represents the Speaker's duty to ensure that the House can continue its work.


-Who presides over the House of Lords?

  • The Lord Speaker (or Lady Speaker, depending on the gender) presides over the House of Lords.
  • The current Lord Speaker is John Fall.
  • Like the Speaker of the House of Commons, the Lord Speaker is elected by peers and must remain impartial.
  • However, the Lord Speaker's role is less important compared to the Speaker of the House of Commons for one main reason: the House of Lords is not an elected chamber, so it lacks the same power as the House of Commons.
  • While the Lord Speaker presides over debates in the House of Lords and ensures order, their influence and duties are somewhat limited because the House of Lords primarily serves as a revising and scrutinizing body, rather than a legislative chamber with the same authority as the House of Commons.


B/ How does Parliament work?

-Define the following words: a Parliament, a parliamentary session

  • A Parliament: The period between one general election and the next. This is the full cycle during which the elected members of Parliament (MPs) represent their constituents and pass laws.
  • A Parliamentary session: This is the period that begins with the State Opening of Parliament and ends when Parliament is prorogued (temporarily suspended). For example, in August 2019, Boris Johnson decided to prorogue Parliament.


-When does Parliament sit?

  • Parliament sits for 155 days each year, with the specific days and times being set by the government.


-What is the prorogation of Parliament?

  • Prorogation refers to the formal suspension of Parliament by the Monarch, on the advice of the Prime Minister. During prorogation, Parliament is temporarily closed, and no business or debates can take place. The Prime Minister may use prorogation to end a session and start a new one, or as a way to pause Parliament for a period of time.


-How is parliamentary time organized in the House of Commons?

  • Parliamentary time is generally organized under the control of the government.
  • 120 days of the year are typically dedicated to government business.
  • The Standing Order 14 sets out how parliamentary time should be allocated, ensuring that government business always has precedence during sittings.
  • The weekly timetable is determined by the Leader of the House of Commons. MPs can request changes, but the Leader has the final say.


-How is the Majority Party structured? How is the Opposition Party structured? Who are backbenchers in the House of Commons?

  • The Majority Party (Government):
  • Cabinet ministers: Senior ministers who are in charge of major government departments.
  • Other ministers: Known as frontbenchers, they sit at the front during debates.
  • Backbenchers: Ordinary MPs who do not hold a ministerial position. They sit behind the frontbenchers and often represent their party in Parliament without holding government office.
  • The Opposition Party:
  • Shadow Cabinet: Senior members of the opposition who shadow government ministers, offering an alternative view and scrutinizing government policies.
  • Frontbenchers: Similar to the ruling party, these are opposition MPs who play a key role in debates and policy.
  • Backbenchers: Ordinary MPs who do not hold a shadow ministerial role.


-What does collective cabinet responsibility mean?

  • Collective cabinet responsibility means that all ministers in the Cabinet are required to support government decisions and vote with the government in Parliament. If a minister disagrees with the government on a major issue, they must resign from their position. This ensures unity and cohesion in the government.


-How is party discipline exercised in the House of Commons?

  • Party discipline in the House of Commons is very strict, and MPs are expected to follow the party line when voting on issues.
  • Whips play a crucial role in maintaining party discipline. They ensure MPs attend votes and vote according to the party's instructions.
  • MPs receive regular whip messages indicating the importance of attending votes:
  • One line: Your attendance is requested.
  • Two lines: Your attendance is necessary.
  • Three lines: Your attendance is essential.
  • MPs who refuse to follow the party line may face suspension or even expulsion from the party.
  • Whips also help control backbenchers (ordinary MPs) to ensure they vote in line with the government, as it is difficult for MPs to get elected without the backing of their party.


-For each party: what is the name of the party and its leader? Are they left-wing, right-wing, or centrist?

  • The Labour Party:
  • LeaderKeir Starmer.
  • Position: Center-left.
  • 2024 Election: Won a landslide victory with 412 MPs, currently the majority party.


  • The Liberal Democrats (Lib Dems):
  • LeaderSir Ed Davey.
  • Position: Centrist.
  • Policies: Supports social justice with minimal state intervention and is anti-Brexit.
  • Seats: Currently hold 72 seats.


  • The Conservative Party (Tories):
  • LeaderKemi Badenoch (since November 2024).
  • Position: Center-right.
  • Background: Lost its majority in the 2024 election.


  • The Scottish National Party (SNP):
  • LeaderJohn Swinney.
  • Position: Broadly left-wing.
  • Policy: Advocates for Scottish independence (supported by the 2014 independence referendum).
  • Brexit stance: Opposes Brexit.
  • Seats: 9 seats (lost 38 in 2024).


  • Sinn Féin:
  • LeaderMary Lou McDonald.
  • Position: Left-wing.
  • Policy: Favors reunification with the Republic of Ireland and has socially progressive policies.
  • Seats: Sinn Féin MPs refuse to take up their seats in Westminster as a protest against British rule in Northern Ireland.


  • The Democratic Unionist Party (DUP):
  • The DUP is a right-wing party in Northern Ireland, traditionally focused on unionism (maintaining Northern Ireland’s union with the UK) and social conservatism.
  • Leader: Not specified in the text, but traditionally led by figures like Arlene Foster or Jeffrey Donaldson.


Le fonctionnement du Parlement britannique repose sur une organisation très précise :

  1. Les séances parlementaires : Le Parlement siège pendant 155 jours par an, et les activités sont largement contrôlées par le gouvernement. Le gouvernement a priorité dans l'ordre du jour, et la planification est gérée par le Leader of the House of Commons.
  2. Les partis :
  • Le Parti majoritaire (gouvernement) est composé des ministres du cabinet et des backbenchers (MPs ordinaires).
  • L'opposition dispose de son Shadow Cabinet, un groupe de ministres de l’opposition qui scrutent les actions du gouvernement.
  1. Discipline des partis : Les whips assurent la discipline et veillent à ce que les MPs suivent la ligne de leur parti lors des votes. Les désaccords peuvent mener à une démission ou à des sanctions.
  2. Le système politique : Le Parti travailliste est au centre-gauche, tandis que les Conservateurs sont de centre-droit. Le SNP défend l'indépendance écossaise, et Sinn Féin soutient la réunification de l'Irlande.


C/ What does Parliament do?


-What are Parliament’s two main roles?

  1. Making and changing laws: Parliament is responsible for scrutinizing existing laws and creating new legislation to ensure they are up-to-date and effective. This involves debating bills, amending them, and ensuring they align with the needs and interests of the country.
  2. Holding the government to account: Parliament monitors and checks the actions of the government to ensure it is performing its duties properly. This includes questioning ministers, scrutinizing policies, and ensuring that the government is acting in the public interest.


-What are the main characteristics of a public bill?

  • Introduced by a government minister: A public bill is typically introduced by a Secretary of State or another government minister.
  • Fully supported by the government: These bills are a key part of the government's agenda and are usually backed by the ruling party.
  • Often part of the election manifesto: Public bills are often proposed as part of the government's election promises. For example, the reform of the House of Lords may be presented as a public bill.


-What are the main characteristics of a private member’s bill?

  • Introduced by an MP or member of the House of Lords who is not a government minister: A private member's bill (PMB) is introduced by a non-government member.
  • Dealing with sensitive or controversial topics: These bills often address issues that might not be on the government’s immediate agenda, such as the End of Life Bill (2024-26).
  • Can be easily blocked by the government: The government can usually prevent PMBs from becoming law, especially if they are not part of the government's legislative agenda.


-How many public bills do not pass the House of Commons?

  • None: In general, public bills proposed by the government pass through the House of Commons because the ruling party has a majority. The government can make amendments to the bills, but they usually pass successfully.


-When does parliamentary ping-pong occur?

  • Parliamentary ping-pong happens when a bill is introduced in one of the two houses (House of Commons or House of Lords), and after being amended in the second house, it is sent back to the first house for agreement on the changes.
  • If there is disagreement, the bill may go back and forth between the two houses until a compromise is reached.
  • If both houses agree, the bill is sent to the Monarch for Royal Assent.


-What happens if no compromise is found between the two chambers? What can the government do to get around this problem?

  • If no compromise is found, the bill is usually dead. However, the government can reintroduce the same bill the following year, and the House of Lords can no longer block it a second time.
  • For example, the Hunting Act of 2004 was blocked by the House of Lords in 2003 but passed the following year after the government reintroduced the bill.


37. How many bills are rejected by the House of Lords? Why?

  • Very few: The House of Lords primarily acts as a revising chamber. Its role is to scrutinize and revise legislation, not to block bills outright.
  • Reasons for minimal rejection: The House of Lords is unelected, and therefore its power to block legislation is limited. It scrutinizes government bills and, if necessary, raises concerns about measures it feels are unfair or not in the public interest.
  • The Salisbury Convention: This is an unwritten rule stating that any bill which implements an electoral promise made by the government cannot be blocked by the House of Lords.


-How does Parliament hold the Government to account?

  • Mainly done by the House of Commons: Parliament holds the government accountable through various methods, with a primary focus on the House of Commons.
  • Methods of accountability:
  • Questions to ministers (both oral and written)
  • Debates on government policies and actions


-What are the three types of questions Parliament can ask a minister?

  1. Oral questions: MPs ask questions in person during debates, and ministers provide live responses.
  2. Written questions: MPs submit questions in writing, and ministers provide written responses.
  3. Purpose of questions:
  • Press for action: MPs may question ministers to prompt action on specific issues.
  • Seek information: MPs may ask for clarification or details on policies or bills.
  • Defend decisions: MPs may challenge ministers and ask them to justify their policies and decisions.
  • Prime Minister’s Questions (PMQs): Every Wednesday, the Prime Minister answers questions from MPs for half an hour, which is a particularly animated and high-profile moment in the House of Commons.


-What are the different types of debate held in Parliament?

  1. Emergency debates: These are called in response to urgent events, such as national crises or terrorist attacks.
  2. Adjournment debates: These debates typically focus on local issues and are held before Parliament rises for a break or recess.
  3. Westminster Hall debates: These are less formal debates in Westminster Hall (a part of Parliament), often focusing on specific issues of interest. For example:
  • In 2017, a petition was launched against a state visit by Donald Trump to the UK, which gathered nearly 1.8 million signatures. A debate was held in Westminster Hall, though no vote was taken. MPs used this debate to express their support or opposition to the visit.
  1. Annual debates: These debates are scheduled annually and often focus on reviewing the government’s work over the past year or discussing broader national issues.


Le travail du Parlement britannique comprend plusieurs rôles clés :

  1. Création et révision des lois : Le Parlement propose et examine des projets de loi pour s'assurer qu'ils sont adaptés et efficaces. Ces projets peuvent être des projets de loi publics (présentés par le gouvernement) ou des projets de loi de membres privés (proposés par des membres non gouvernementaux).
  2. Responsabilisation du gouvernement : Le Parlement met en place des mécanismes de contrôle pour tenir le gouvernement responsable de ses actions. Cela inclut des questions aux ministres, des débat sur des sujets importants, et des vérifications de la conformité des politiques du gouvernement.
  3. Types de questions au gouvernement : Les questions parlementaires peuvent être orales (posées en séance) ou écrites (réponses fournies par écrit). Elles visent à interroger les ministres, à demander des éclaircissements sur les politiques, ou à défendre certaines décisions.
  4. Débats parlementaires : Le Parlement organise différents types de débats :
  • Débats d'urgence en réponse à des événements imprévus.
  • Débats de Westminster Hall, qui permettent aux MPs de débattre de questions spécifiques sans prendre de décisions.
  • Débats annuels sur des sujets importants de l'année.


Conclusion


How is the legislative branch controlled by the UK government?

While Parliament is theoretically the most powerful branch of government in the UK, in practice, the government exercises significant control over the legislative process. Several mechanisms enable this:

  1. Majority in Parliament: The government usually holds a majority in the House of Commons, giving it the power to pass legislation easily. This majority often allows the government to push through its legislative agenda.
  2. Whips system: The government uses whips (party enforcers) to ensure that MPs vote in line with the party's position. This system ensures party discipline and reduces the likelihood of backbenchers voting against the government’s interests.
  3. Control of parliamentary time: The frontbenchers (senior members of the government) decide the parliamentary schedule, setting the agenda and deciding which issues are prioritized.
  4. Government bills: The government drafts the majority of the bills presented in Parliament, meaning they have significant influence over the content of proposed legislation.
  5. Ability to block legislation: The government has the power to block any legislation it is opposed to, especially by controlling its own majority and utilizing parliamentary rules to manage the legislative process.


-What is the UK Parliament’s main power?

The UK Parliament’s main powers focus on two key areas:

  1. Scrutinizing and challenging legislation: Parliament has the power to examine and critique government legislation. While it can draw attention to controversial or problematic bills, its ability to change legislation is often limited, especially when the government holds a strong majority.
  2. Holding the government to account: Parliament can scrutinize the actions and decisions of the government. It holds the government accountable through debates, questions, and committees that investigate government actions.
  3. Raising public awareness: Parliament also serves as a platform for drawing attention to important or controversial issues. MPs often use their position to raise public awareness of specific problems, even if they have limited ability to immediately change the law or government policy.