Tag Archives: checks and balances

MPs’ role in the constitution

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MPs play a central role in all democratic systems, but this is particularly true in the UK given its tradition of ‘parliamentary sovereignty’. With judges unable to strike down Acts of Parliament for unconstitutionality, MPs have a key role in constitutional protection. Like MPs elsewhere, they also have responsibilities for upholding the constitution and democracy in many other ways, most obviously through holding the government to account, and representing the public, but also, for example, through maintaining standards of political debate. Meg Russell and Lisa James summarise these various important roles. 

Members of parliament are central political actors in all democratic systems. Legislatures are highly visible institutions, and MPs have key roles representing citizens, debating key policy matters, scrutinising the executive and approving major changes to the law. The legislature is at the heart of any functioning national democracy. 

Hence MPs routinely have important roles within the constitution. But some of their wider roles and responsibilities in upholding and protecting the constitution are less often spoken about. In an age of populism and ‘democratic backsliding’ these deserve reflection. As sadly seen in various countries, MPs are important gatekeepers whose consent can facilitate the dismantling of democratic norms and institutions. But where they stand firm, they can be bulwarks against decline. 

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Unchecked power? How recent constitutional reforms are threatening UK democracy

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The constitution has consistently felt under strain in recent years, following a succession of crises. Alison Young argues that a written constitution is not necessarily the solution to this problem, concluding that it is important to ensure that key constitutional guardrails are not just defended against abolition, but protected from gradual degradation as well.

Ever since the outcome of the Brexit referendum in June 2016, it seems like the UK constitution has lurched from crisis to crisis. Even after negotiating Brexit, the UK had to deal with a global pandemic – something, it would appear from hearings of the Covid-19 inquiry, for which the UK was not fully prepared.

With commentators naturally immersed in these key issues, there has been less attention paid to other, quieter, aspects of constitutional reform. The Dissolution and Calling of Parliament Act 2020, for example, appears to have barely registered with the general public. There is probably even less awareness of the changes to the oversight of the Electoral Commission provided for in the Elections Act 2022. Yet both reshaped the UK constitution.

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Parliamentary scrutiny: what is it, and why does it matter?

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This is the first edition of this briefing. It has since been updated. Read the most up-to-date version and other briefings on the Constitution Unit’s website.

Parliamentary scrutiny is at the heart of UK politics. In this post, Meg Russell and Lisa James examine the four key methods of parliamentary scrutiny, and offer proposals on how to strengthen it, calling for better behaviour by government and strong engagement from backbenchers.

Background

Parliament lies at the heart of UK politics. The legislature is a core institution in any democracy, but is particularly important in the UK, due to our tradition of ‘parliamentary sovereignty’. The government is dependent on the confidence of the House of Commons, which can potentially remove it from office. Parliamentary consent is required for primary legislation, and parliament is a particularly central and important body in holding ministers to account day-to-day.

This makes scrutiny – the detailed examination of policy proposals, actions and plans – one of the essential roles of parliament. Other functions include representation, and serving as a space for national debate – which in turn feed into parliament’s scrutiny function.

This briefing summarises why parliamentary scrutiny matters, what different kinds of parliamentary scrutiny exist at Westminster, some recent concerns about the decline of scrutiny, and ways in which it can be protected and strengthened.

Why does parliamentary scrutiny matter?

The government is responsible for much day-to-day decision-making, in terms of national policy formulation and implementation. But the government itself is not directly elected, and depends for its survival on the continued confidence of the House of Commons. This makes parliament one of the central checks and balances in the constitution – arguably the most central one of all. To provide government accountability, one of the core functions of parliament is scrutiny.

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