how effective is parliament in checking executive power

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Unit 2: Governing the UKREVISION SESSIONS (June 2013)

Date ContentMonday 15th April Constitution

Is it accurate to say that ‘The UK constitution is no longer fit for purpose’?

Monday 22nd April ParliamentHow effective is parliament in checking executive power?

Monday 29th April Prime Minister & CabinetTo what extent does the prime minister dominate the political system in the UK?

Monday 6th May **BANK HOLIDAY**Monday 13th May Judges & Civil Liberties

Is the judiciary too powerful, or is it not powerful enough?

Monday 20th May EXAM SKILLS & TECHNIQUE

REVISION SESSIONS (June 2013)



How effective is parliament in checking executive power?

Parliament - Recap• http://www.youtube.com/watch?v=RuYf3DPTTsA


http://www.youtube.com/watch?v=RuYf3DPTTsA


Question AnalysisWhat is the examiner asking you to do?

Judgement needed: Sliding scale of effectivenessExtremely, Very, mostly, somewhat, rarely

You need to outline the main ‘checks’ and evaluate effectiveness:

Some checks are effectiveSome checks are not effective (or have limited effectiveness) due to circumstances e.g. parliamentary majority etc.

Executive Power: Parliamentary checks on Prime Minister & Cabinet ONLY – there is no need to discuss the judiciary!

40 mark question: Remember you need an introduction, 3-4 developed points and a conclusion.Plan out your answer in bullet points before writing.


Functions of ParliamentLegitimatingScrutinyOppositionAccountabilityFinancial ControlRepresentation

• You need to be able to identify which of parliament’s functions involve checking executive power and in what ways.

• This question also expects you to reference the relationship between parliament and government and how this impacts parliament’s ability to hold the government to account.


Functions of ParliamentLegitimating Parliament needs to pass any proposed government bill in order for it to become law this is in effect parliament, the representatives of the people, legitimising a government bill and making it law.


Functions of ParliamentScrutinyParliament scrutinises proposed legislation making any amendments needed and thus protecting all areas of society and ensuring the laws are clear in there application


Functions of ParliamentOppositionIn the UK we have adversarial politics so every time a proposal is made it is expected government will have to explain and justify its policies so opposition parties cannot show any weaknesses in the legislation


Functions of Parliament Accountability Forcing the government to justify policy, explain why they are being put forward and what the future effects will be. Criticising policies. Opposition parties present alternative policy. The role of parliament to expose serious mistakes.


Functions of Parliament Individual ministerial responsibilityThe doctrine of individual ministerial responsibility says each minister is responsible for themselves and for the work of their department. Stephen Byers was forced to resign as trade and industry secretary in 2002 when his personal advisors acted unprofessionally.

Questions to ministersEach minister must regularly appear in the house. Some questions are written that the minister can reply back to in writing. But others in the house are usually questions that the minister has been informed about whereas others are unexpected. However ministers have the advantage of civil servants to write answers for them but MP’s don’t. Prime ministers questions is criticised for becoming an entertainment show between the two party leaders rather than outlining government policy.


Functions of ParliamentFinancial control Any changes to the tax system or funding allocation need to be passed by parliament and the financial powers of the government have to be renewed each year. If parliament was to withhold consent government would cease to function.


Functions of ParliamentRepresentationMP’s are elected to represent their: -Parties; however at the time of the general election they can withdraw support for some policies.

- Constituencies - the country as a whole, national interest- other groups they may be involved in


• Effects of the fusion of powers - between the executive and legislature mean that there is usually a strong and stable government and the government are able to carry out their manifesto

• Impact of government majority – by the nature of a parliamentary system, the government will have a majority and therefore how effective parliament is at checking executive power can be questioned

• However governments may become dictatorial and legislation might not be scrutinised properly, the government will survive even if public opinion is against them as long as they have a majority

Four main factors affect Parliament’s relationship to government:

Extent of party unitySize of majority

Advent of coalition governmentImpact of the Lords

FOCUS: Relationship between Government and Parliament


Extent of Party Unity• Main lever executive uses to control parl (esp HofC)• 19th century – 90% of votes were party votes (extension of the

franchise – MPs need support of party to win re-election)• 20th century – ‘lobby fodder’ MPs (govt has nothing to fear from

parl) = elective dictatorship• Party unity peaks in 1950s & 1960s – backbench revolts died out –

since then rise of backbench power and party discipline has been relaxed

• Party unity declined recentlyLong Term ReasonsMPs better educated and from all backgrounds (more critically minded and independent) & ‘career politicians’ – time and resources to take political issues more seriously (no more 2nd jobs!)Short Term ReasonsPublic standing of govt (likelihood of winning re-election), personal authority of PM, radicalism of govt legislative agenda



Size of Majority• Governing party usually has majority control of HofC

(not because party win majority of votes – 1935 but FPTP system over represents large parties) *only 2 general elections since 1945 have failed to produce single-party majority

• Size of majority =cruciallarger majority = weak backbenchers [rebellions have little impact]smaller majority = strong backbenchers [rebellions have big impact]

• e.g. Lab majority so big – landslide victories 1997 & 2001 no HofC defeats for govt in first two terms1997 – Lab majority = 178 (90MPs to defeat govt)2005 – Lab majority = 65 (31MPs to defeat govt)



Advent of Coalition Government• 2010 election – coalition majority of 77 (83 due to some MPs not

taking up seats) despite ‘hung parliament’• General expectation for coalition to rejuvenate parliament &

radically alter the dynamics of executive-Parliament relations in the UK

• coalitions are forced to manage HofC by establishing and maintaining unity across 2 parties(inter-party debate, negotiation, conciliation = legislature important focus of policy debate)- support of backbench MPs for gov cannot be taken for granted

• Unity & cohesion = important factors (lacking due to different ideologies?)

• Lib Dems – smaller party, least to gain, most to lose – loss of political identity, straining loyalty of MPs, members, public etc – could lead to backbench rebellionse.g. Dec 2010 - majority Lib Dem MPs voted against or abstained on the issue of increasing university tuition fees (Vince Cable)



Advent of Coalition Government• Lib Dems as pivotal party? Cons anxious about ‘keeping the

Liberal Democrats on board’• Lib Dems - stimulate disaffection & disloyalty from the ranks

of the Conservative right – destabilizing (ideological divide between many left-leaning Liberal Democrats and right wing Conservatives)

• Weak parliament?42 Lib Dem or Cons MPs vote against gov to threaten defeat (university tuition fees - 21 LDs + 6 Cons voted against, but policy still passed with majority of 21)

• process of inter-party consultation and negotiation more likely to take place within the executive itself (Cameron & Clegg, cabinet) rather than in Parliament

• In fact, most coalitions involve the centralisation, not the decentralisation of decision-making processes



Advent of Coalition Government• Maintaining unity, limiting disunity, disloyalty is major challenge of

coalition• rapidly produced detailed programme for government - the

coalition resolved many of the policy issues that may have threatened its existence

• Policy differences not in agreement ‘outsourced’ to independent commissions and forums, allowing sensitive issues to be effectively ‘buried’ or to be resolved through a ‘neutral’ process

• support of Lib Dem MPs upheld by their prominent representation in governmentClegg = deputy PM, 4 other Lib Dems in cabinet - Lib Dems marginally over represented in gov 5:1 compared to 6:1 amongst MPs

• Ideological shifts in both parties before 2010 actually means differences have been significantly reduced especially amongst party leaders and MPs

• Failure of coalition could be punished at ballot box – one way street (no choice but to make it work)



Impact of the Lords• Subordinate chamber but can be effective check on gov

because executive control of the HofC through combined voting system- HofL party unity more relaxed- HofL no guarantee of majority controle.g. no HofC defeats for Blair 1997-2005 but 353 defeats in HofL- partially reformed HofL has become more effective check than traditional HofL before reform –WHY?

• No majority in HofL• More assertive Lords• Landslide majorities in HofC – duty of peers to check exec

in circumstances• Politics of the Parliament Acts – gov anxious to compromise

rather than engage in ‘parliamentary ping pong’



Focus: Parliament has to check executive because government can dominate parliament

• The electoral system almost guarantees that one party will win and with a strong majority

• Party loyalty in the UK is strong as political parties are ideologically united the government can rely on it

• Prime ministerial patronage as most MP’s wish to become ministers and those that are ministers are bound by collective responsibility

• Whipps or constituency parties can suspend MP’s from meaning they will probably lose their seat

• The prime minister can threaten to call a general election to bring MP’s into line

• The House of Lords lacks authority and will eventually have to listen to the commons and therefore government

• However this depends on its majority. The House of Lords also becomes more obstructive when a government has a large majority. The party must be united and if it is split government is weak.


Focus: How effective is parliament in checking executive power?

The reasons why Parliament is considered so weak, and the analysis of the reasons why this is so, include:• Government usually has an overall majority. The analysis is that

the electoral system virtually guarantees this. • The power of prime ministerial patronage renders many MPs

excessively docile and loyal. Hence the term ‘lobby fodder’. The analysis is that many, perhaps most, Mps are ambitious and therefore prefer to be loyal to the P.M. who has sole power over government appointments.

• Party loyalty is very strong. The analysis is that MPs are elected under a party manifesto and have a strong mandate to support the party’s policies. Defying the party leadership might be seen as a betrayal of the mandate.

• The whips have great influence. The analysis is that they can be both persuasive and threatening. They have influence over careers and in extreme circumstances can threaten suspension from the party or can persuade a local party to ‘de-select’ them.



The reasons why Parliament is considered so weak, and the analysis of the reasons why this is so, include:• MPs lack research back-up, expertise and political support. This is

set against the fact that government is backed by political advisers and the massive civil service.

• Collective responsibility inhibits parliament’s ability to call government effectively to account. The analysis is that collective responsibility means govt. presents a united front making it difficult to elicit information about policy.

• Individual ministerial responsibility is also weak, making accountability difficult to enforce.

• The Hose of Lords is weak because it lacks democratic legitimacy and, arguably, professionalism as well as some of the other weaknesses suffered by the Commons.

• The lack of constitutional checks and balances (notably over prerogative powers) renders parliament weak.



The reasons why Parliament remains effective are:

• Select Committees are able to act independent and scrutinise departments effectively.

• Parliament does ultimately have a veto on legislation and has used it, albeit sparingly.

• The House of Lords has been effective in recent years in amending and delaying legislation.

• Ultimately Parliament can dismiss a Government.

• Under some circumstances, notably a small Government majority, or no majority the effectiveness of parliament may be increased.



ConclusionIn terms of checking executive power, parliament is…

Completely effectiveMostly effective

Somewhat effectiveMostly ineffective

Completely ineffectivebecause...

REMEMBER TO JUSTIFY YOUR ARGUMENT

REMEMBERWeight of argumentsNot number

of arguments


how effective is parliament in checking executive power

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