Revisiting Tony King’s analysis of executive-legislative relations shows just how much parliament has changed

meg-russellPhilip.Cowley.2016The inaugural issue of Legislative Studies Quarterly contained one of Tony King’s most insightful pieces on parliament and politicians. It is still regularly cited, and has influenced the analysis of a generation of parliamentary scholars. In this blog post, Meg Russell and Philip Cowley analyse the extent to which King’s conclusions hold true in a parliament that looks significantly different to its 1976 counterpart.

Parliaments are not monoliths, they are highly complex political organisations. Anthony King’s 1976 article ‘Modes of executive–legislative relations: Great Britain, France and West Germany’ was one of the first to point out the importance of the multiple relationships inside legislatures – including some relationships that are often hidden from view.

King argued that the most important of these in the British parliament was the ‘intraparty mode’: between the government and its own backbenchers. Others, such as the ‘non-party mode’ or ‘cross-party mode’, he judged to be weak at Westminster.

King’s objective was to strip away the noise and present parliamentary dynamics as a set of stylised relationships between different actors. The fundamentals of this analysis have stood the test of time very well in the last 40 years, and the article remains a classic. But since it was published, a great deal has also changed. We review these changes, and their effects on his conclusions, in a recently-published article in the Political Quarterly entitled ‘Modes of UK Executive-Legislative Relations Revisited’.
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Monitor 68: A constitution in flux

The latest issue of Monitor, the Constitution Unit’s regular newsletter, was published today. The issue covers all of the major UK constitutional developments over the past four months, a period that has seen the EU (Withdrawal) Bill pass from the Commons to the Lords; the failure of talks in Northern Ireland; and a significant government reshuffle. Abroad, Ireland is considering a permanent constitutional change and Japan has seen a constitutional first as its current emperor confirmed he is to abdicate. This post is the opening article from Monitor 68. The full edition can be found on our website. 

The UK is experiencing a period of deep constitutional uncertainty. In at least four key areas, structures of power and governance are in flux. Screenshot_20180308.210141 (1)

The first of these, of course, is the nature of the UK’s future relationship with the European Union, to which the Brexit negotiations will shortly turn. The degree to which the UK continues to pool its sovereignty with other European countries depends on the form of that relationship: how far, and on what issues, the UK continues to adhere to EU rules, align closely with them, or follow its own separate path. Theresa May set out her most detailed proposals yet in a speech at Mansion House on 2 March, advocating close alignment outside the structures of the EU Single Market and Customs Union. On 7 March, the President of the European Council, Donald Tusk, published draft guidelines for the EU’s position. As before, this emphasises ‘that the four freedoms of the Single Market are indivisible and that there can be no “cherry picking.”’ What deal will emerge from the negotiations is entirely unclear.

The government’s preferred path will face stiff resistance in parliament too. In late February Jeremy Corbyn signalled that Labour wants a UK–EU customs union (an issue also central to the conclusions reached by the Citizens’ Assembly on Brexit). Consequently the government now risks defeat on an amendment to the Trade Bill pursuing the same objective, tabled by Conservative backbencher Anna Soubry. Beyond that, an amendment to the EU (Withdrawal) Bill passed in the House of Commons in December guarantees that the deal between the UK and the EU agreed through the Brexit negotiations will need to be endorsed by an Act of Parliament in the UK. Brexit’s opponents are increasingly vocal and organised, and occupy a strong position in Westminster. The odds remain that Brexit will happen, but that isn’t guaranteed. Continue reading

Options for an English Parliament: implications for the UK’s central institutions

Jack.000meg_russell (1)A Constitution Unit project has been examining options for an English Parliament. One factor that must be taken into account is implications for the UK’s central political institutions. Focusing on the separately elected model for an English Parliament, in this post Jack Sheldon and Meg Russell suggest that there would inevitably be substantial implications. Both the UK government and parliament would need restructuring, and there would be pressures to move towards more formal federalism.

Since autumn 2016 we have been working on a research project exploring options for an English Parliament. Various earlier posts have covered some of our findings, and our detailed report will be published very shortly. In this post we summarise some of our conclusions on implications for the UK’s central political institutions, including the UK government and parliament. We suggest that, in contrast to the relatively modest changes at the centre that resulted from devolution to Northern Ireland, Scotland and Wales, an English Parliament would require substantial institutional restructuring.

For the sake of simplicity we assume here that an English Parliament would mirror arrangements in the existing devolved areas – that is, a directly elected body to which an executive headed by a First Minister would be accountable. Our report will also consider the implications of the dual mandate model for an English Parliament, under which the English legislature would be composed of Westminster MPs for English seats. While some of the issues covered here do not apply to that model, our report discusses how it too would have major consequences for the centre.


A necessary starting point in considering implications of an English Parliament is the powers that would be retained at UK level. Policy powers and financial arrangements for an English Parliament were covered in a previous blog post; in summary, its policy powers would probably be similar to those of the devolved legislatures in Northern Ireland, Scotland and Wales. Given the design of UK devolution, with policy areas such as education and health almost entirely devolved, this means that the legislative competence of the UK parliament would reduce very substantially. Continue reading

A ‘dual mandate’ English Parliament: some key questions of institutional design

meg_russell (1)Jack.000Almost 20 years after the creation of the devolved governments in Scotland, Wales and Northern Ireland, England is the only country of the United Kingdom without its own devolved executive and legislative body. Meg Russell and Jack Sheldon offer their view on whether or not a dual mandate English Parliament is desirable or if it has the proper characteristics to be considered a parliament at all. 

Calls for establishment of an English Parliament have been made for years, particularly following Labour’s devolution in the 1990s to Scotland, Wales and Northern Ireland. Initially such proposals were largely confined to the right of politics, and appeared a relatively fringe interest. But in the aftermath of the Scottish independence referendum, and the new powers devolved to the Scottish Parliament, proposals have also begun to be heard from the political left. Nonetheless, advocates have rarely elaborated on their proposals in detail, and there are many unresolved questions relating to the likely powers, functions, structure and composition of such a body. Since autumn 2016, the Constitution Unit has been working on a research project exploring the options, and a detailed report is due to be published shortly. This post will concentrate primarily on the key institutional questions raised by what is known as the ‘dual mandate’ model for an English Parliament, which some proponents suggest could be implemented as an incremental next step from ‘English votes for English laws’ (EVEL). We ask whether this model for an English Parliament is as innocuous as it looks, and indeed whether what it proposes is a parliament at all.

Models for an English Parliament

The most instinctively obvious model for an English Parliament is to create a completely new body, elected separately from the House of Commons, to mirror the legislatures in Scotland, Wales and Northern Ireland. Variants of this separately-elected model have been proposed by such figures as David DavisFrank Field and Paul Nuttall. It is also favoured by the Campaign for an English Parliament, founded in 1998. Establishing such a body would be a big decision, entailing significant political upheaval and cost. The idea has many opponents, including experts such as Vernon Bogdanor and Adam Tomkins. A key concern is that a new elected body representing 85% of the UK population would, in the words of the House of Lords Constitution Committee, “introduce a destabilising asymmetry of power”. For all of these reasons, adoption of this proposal continues to appear politically unlikely.

The second model is what we call the dual mandate model, which is presented as a more incremental change. Here Westminster MPs representing English constituencies would meet as an English Parliament at certain times. Proponents see this as building on the existing EVEL procedures, creating a far clearer delineation at Westminster between England-only and UK business (and thus dealing once-and-for-all with the famous ‘West Lothian question’). The most prominent supporter has been John Redwood, but similar arrangements have also been proposed by MP Andrew Rosindell, Welsh AM David Melding, journalist Simon Heffer and writers from the Adam Smith Institute think tank. Nonetheless, this model is rejected by the Campaign for an English Parliament as ‘English Parliament lite’. Continue reading

Amendments are needed to strengthen the Withdrawal Bill’s provisions for scrutiny of Statutory Instruments

5GMFtvPS_reasonably_smallToday saw the start of two days of report stage debate in the House of Commons on the content of the EU (Withdrawal) Bill. At committee stage, amendments were made that created a new sifting committee for statutory instruments related to Brexit. Joel Blackwell, of The Hansard Society, argues below that the current proposals are insufficient to guarantee proper scrutiny and makes several recommendations for changes that can be made before the bill passes to the House of Lords.

The EU (Withdrawal) Bill, which returned to the House of Commons for its report stage today, was successfully amended at committee stage in December 2017 to create a mechanism which will allow MPs, via a new European Statutory Instruments sifting committee, to consider statutory instruments (SIs) made under the Bill’s widest delegated powers and recommend an upgrade in the level of scrutiny of those about which they have most concern.

This new scrutiny mechanism, incorporated through a series of amendments tabled by Procedure Committee Chair Charles Walker, is intended to constrain the wide Henry VIII powers the government will use to make changes to retained EU law via SIs (under clauses 7, 8 and 9 of the Bill).

But if MPs are serious about scrutinising the changes arising from Brexit, these amendments, and the related proposals to amend Standing Orders will, as currently drafted, offer only limited help. If MPs are not happy with what the government wants to do, they will still be unable to exercise any real influence on the substance of a Brexit SI.

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Trade Bill highlights parliament’s weak international treaty role


On 9 January, the Trade Bill successfully passed its second reading stage in the House of Commons. Intended to regulate the implementation of international trade agreements after Britain leaves the EU, it is one of the most important pieces of Brexit-related legislation currently going through parliament. In this post, which originally appeared on the website of the Hansard Society, Dr. Brigid Fowler argues that the role of parliament in influencing the drafting and agreement of British trade treaties has the potential to be weakened, not strengthened by Brexit should this bill become law.

The Trade Bill, which had its second reading debate on Tuesday, is one of the most important pieces of Brexit legislation. It is a framework Bill enabling the UK to implement the non-tariff elements of future international trade agreements, where those agreements are with states with which the EU has signed a trade agreement by the date the UK leaves.

For non-tariff issues, the Bill is aimed at addressing the domestic legislative aspect of one of the most urgent Brexit questions: how to save, in less than 15 months, the preferential trade arrangements that the UK has through the EU with, according to the Bill’s impact assessment, at least 88 countries and territories, covered by perhaps 40-plus agreements.

The Bill’s broad aim is the same as that of the EU (Withdrawal) Bill – which has its report stage consideration in the House of Commons on 16–17 January – and indeed of the government’s overall Brexit approach: to minimise the disruption to business and consumers at the moment when the UK leaves the EU on 29 March 2019.

But, as regards trade agreements, the EU (Withdrawal) Bill on its own cannot do the job, because capturing the provisions of trade agreements that the EU might sign right up to Brexit day may require domestic implementing powers that last beyond those in that Bill.

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Questioning Prime Ministers: a survey of procedures in 32 parliamentary democracies

Prime Ministers are prominent political actors in parliamentary democracies, yet there has been little comparative research on how they are held to account by parliaments. As part of her PhD research Ruxandra Serban is seeking to fill this gap. Here, she outlines initial findings from a survey of procedures in 32 parliamentary democracies.

Prime ministers are prominent political actors in parliamentary democracies, yet there is little understanding of how they are held accountable by parliaments. What are the mechanisms through which parliamentarians may question them and how do such mechanisms vary procedurally? The UK House of Commons famously provides a high-profile weekly session for questioning the head of government at Prime Minister’s Questions. How does PMQs compare with questioning mechanisms in other parliaments?

Drawing on my PhD research, this blog presents preliminary findings from a survey of procedural rules regarding such mechanisms in 32 parliamentary democracies, and illustrates the variety of procedures available in different countries.

How does questioning take place?

Collective and individualised

Whether prime ministers are questioned individually or together with other ministers is likely to be important in determining how they interact with parliamentarians. The nature of government in parliamentary democracies is collective. Prime ministers lead the government and are collectively responsible together with their cabinets; but in most countries they are not responsible for specific ministerial portfolios. Prime ministers are expected to account for their own actions and also to speak for the government. Consequently, whether or not they are questioned individually or together with ministers is likely to have an important effect on the types of questions they are asked.

Plenary and committee

An additional dimension concerns the distinction between plenary and committee mechanisms. The setting of the procedure creates different types of questioning environments. For example, the Liaison Committee in the UK House of Commons was introduced to complement the main plenary mechanism (PMQs), specifically in order to configure a more focused forum of scrutiny.

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