Tag Archives: parliamentary sovereignty

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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Devolution in the 2024 party manifestos 

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The parties contesting the general election have now published their manifestos, allowing exploration and comparison of their constitutional proposals. In this fourth post in a series on the manifestos, Patrick Thomas examines the commitments on devolution, and considers what these might mean for the future of the UK. 

It has now been a quarter of a century since the devolved institutions in Northern Ireland, Scotland and Wales were established. Twenty-five years on, devolution remains a live issue in all but one of the 2024 manifestos. But this inclusion of the constitutional questions around devolution is where the commonalities largely stop.  

The 2024 manifestos present four different visions and approaches in the area of devolution. The Conservative Party displays a hesitancy and even hostility towards devolution, and an instinctive desire to assert Westminster power. The Labour Party, on the other hand, clearly likes the system it created in 1998 and so sets out a vision for reasserting the status quo. The Liberal Democrats seek to take devolution much further, by making the UK a federal state. And the Scottish National Party and Plaid Cymru share a vision of ever greater devolution, at least partly in hope that it will further their end goal of independence from the UK. Two other manifestos do not present a vision for devolution, but in very different ways. The Green Party manifesto acknowledges the importance of devolution but seeks to stay out of the debate, while supporting freedom of choice. Reform UK, on the other hand, simply ignores devolution entirely. 

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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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The parliamentary battle over Brexit and the constitution

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Today sees the publication of a new book by the Unit’s Meg Russell and Lisa James, The Parliamentary Battle over Brexit. Here the authors summarise some of its key findings about why parliament was drawn into such controversy over the implementation of Brexit. They reflect on what these events teach us about our constitution, as well as what may need to change in order to avoid repeating such problems, and to mend the damage done.

The UK’s arguments over what became known as Brexit began long before the June 2016 referendum, and continued with increasing bitterness afterwards. Parliament was often central, both as a venue for such arguments, and in terms of disputes about its proper role. It and its members frequently faced criticism and blame. Our new book, published today, charts The Parliamentary Battle over Brexit, from the early pressures for a referendum, through disputes about the triggering of Article 50 and control of the House of Commons agenda, the repeated defeats of Theresa May’s deal, and Boris Johnson’s unlawful parliamentary prorogation, to the UK’s eventual departure from the EU following his deal. The book charts what happened, but also asks what went wrong and whether things could have been handled differently. It reflects on what these events teach us about the functioning of our constitution, and what if anything might need to change.

The book includes a wealth of detail about key political moments, and the roles of different individuals and groups. Here we focus on some of the bigger questions about the lasting legacy of the battles over Brexit for the culture and institutions of UK politics, and particularly for the place of parliament itself. A fuller version of this analysis appears in the final chapter of the book.

Referendums and public participation

The referendum of 23 June 2016 was only the third ever such UK-wide vote (the first being on European Community membership in 1975, and the second in 2011 on changing the House of Commons voting system). The handling of the referendum was the single biggest error of the Brexit process, from which many other difficulties flowed.

Unlike the 2011 referendum, which was underpinned by legislation setting out the detail of the proposed new voting system, no clear prospectus was offered to the voters for Brexit. Prime Minister David Cameron hoped to use the vote – described disapprovingly by the House of Commons Public Administration and Constitutional Affairs Committee as a ‘bluff call’ referendum – to make the question of Brexit go away. Parliament never debated the substance of the question, the government did not detail the options, and civil servants were forbidden from preparing for a Leave vote. Leave campaigners argued at the level of principle, rather than on a specific plan. As one Brexit-supporting interviewee told us, ‘it was only [after the referendum] that different types of Brexit started coming to the fore. Soft Brexit and hard Brexit had never been canvassed before the referendum; the expressions were coined afterwards’. Issues that would soon come to dominate the agenda, such as membership of the Customs Union or Single Market, and crucially the Northern Ireland border, were barely mentioned during the campaign. This left the government – and parliament – in a very difficult position. The different options for Brexit had to be established only after the vote had taken place, and on this the voters had conveyed no clear instruction.

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Checks and balances: what are they, and why do they 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.

Checks and balances are fundamental elements of constitutional democracy that prevent the unconstrained exercise of power, improve the quality of decision-making and ensure that mechanisms exist for preventing or penalising unethical behaviour. Lisa James, Alan Renwick and Meg Russell argue that they therefore play a vital role in maintaining public confidence in the political system and the government has a particular responsibility to uphold them.

Background

The importance of checks and balances is often cited in debates about the health of democracy, and their erosion is widely considered a sign of democratic backsliding. But what are they, and why are they important?

Checks and balances are the mechanisms which distribute power throughout a political system – preventing any one institution or individual from exercising total control. The words ‘checks’ and ‘balances’ are typically used together, but can be thought of as referring to subtly different (though overlapping) things. Checks are the mechanisms which allow political institutions to limit one another’s power – for example by blocking, delaying or simply criticising decisions. Balances, meanwhile, ensure that a wide variety of views and interests are represented in the democratic process. This includes structures like federalism, or broader features of democratic functioning such as the existence of multiple political parties.

The term ‘checks and balances’ is given more prominence in some countries than others, and is often particularly associated with the United States. But the principle is core to all modern democracies.

Checks and balances operate between and within most political institutions. However, the risks of unconstrained power are often considered particularly high with respect to the executive. This briefing hence focuses on the key institutions which check and balance executive power at UK level:

  1. parliament
  2. the courts
  3. impartial officials, and
  4. media and civil society.

Why do checks and balances matter?

Checks and balances play two key roles. First, they limit the power of the majority to act without regard to the views or interests of others. They ensure that the perspectives of those who are in the minority on a given issue are represented – for example, by guaranteeing that opposition voices are heard in the process of law-making. Second, at a more practical level, they ensure that policy is tested and behaviour supervised. This helps to improve the quality of decision-making, and prevent behaviour which might threaten the integrity or reputation of the political system.

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