Legislative Function and Parliamentary Sovereignty
The legislative function is a core responsibility of both the House of Commons and the House of Lords. This process is underpinned by the principle of parliamentary sovereignty, which establishes Parliament as the ultimate authority in the UK's unwritten constitution.
Definition: Parliamentary sovereignty means that Parliament has the power to make or unmake any law, and no other body can override its decisions.
Parliament's legislative power extends to taxation, a crucial aspect of its authority. However, the effectiveness of Parliament in legislating independently can be questioned due to several factors:
- Rarity of minority governments: Since 1945, the UK has experienced few minority governments, with notable examples in 2010 and 2017. This is largely due to the First Past the Post electoral system, which tends to produce majority governments.
Example: UK minority governments since 1945 include the Conservative-led coalition in 2010 and Theresa May's minority government in 2017.
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Executive dominance: In majority governments, the executive often dominates the legislative process, with government-proposed measures rarely being defeated.
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The Whip system: This mechanism enables the government to control its MPs' voting behavior, further strengthening executive control over Parliament.
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Expedited processes: The government can use time-saving measures to push bills through quickly, reinforcing the executive's dominance over the legislature.
Despite these challenges, Parliament does occasionally produce unworkable laws, such as the Fixed-Term Parliament Act, demonstrating that it is not merely a rubber stamp for government policy.
Highlight: The UK Parliament is generally considered a policy-influencing rather than a policy-making legislature, unlike the US Congress, which has a stronger tradition of independent lawmaking due to the separation of powers.
