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The Role and Function of Parliament 1. Introduction 2. Extent of Parliamentary Power 3. Implications of Parliamentary Sovereignty 4. Functions of Parliament.

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Presentation on theme: "The Role and Function of Parliament 1. Introduction 2. Extent of Parliamentary Power 3. Implications of Parliamentary Sovereignty 4. Functions of Parliament."— Presentation transcript:

1

2 The Role and Function of Parliament

3 1. Introduction 2. Extent of Parliamentary Power 3. Implications of Parliamentary Sovereignty 4. Functions of Parliament 5. Privileges 6. Conclusion

4 1. Introduction Oliver Cromwell

5 (a) What is Parliament? Erskine May: Parliament is composed of the Sovereign, the House of Lords and the House of Commons. These several powers collectively form the legislature; and as distinct members of the constitution they exercise and enjoy privileges peculiar to each.

6 (b) Where does/should power lie in parliament? w Transition from the dominance of the Crown in the Middle Ages to the dominance of the Ministers of the Crown in the 20th century

7 The Parliament Act, 1911 w Money Bill to become law within a month of passing through the Commons w Lords could only delay other bills for two parliamentary sessions w Amended by Parliament Act, 1949, reducing the delay to one session

8 2. The Extent of Parliamentary Power. w Determined by the Bill of Rights 1689 that ONLY Parliament had the right to change the law w Underpinned by the Act of Settlement, 1700, securing the independence of the Judiciary w Doctrine of Parliamentary Sovereignty

9 3. Implications of Parliamentary Sovereignty w Courts can only interpret Act of Parliament w Parliament cannot bind its successor w Parliament can pass retrospective legislation w No territorial limits to Acts of Parliament w Parliament not limited by rules of International Law w Parliament has no rival authority

10 4. Functions of Parliament w Provides personnel for the government w Representational w Legislative w Legitimating w Financial w Debating w Scrutinising of the executive w Judicial

11 5. Privileges w Freedom of Speech w Speeches in Parliament are not actionable w Strangers can be excluded w Controls its own proceedings w Controls the publication of its proceedings w Each House has exclusive jurisdiction w Freedom from arrest and molestation w Access to the sovereign through Speaker

12 6 Conclusion w Parliament is Sovereign (not the people) w Powers have shifted to the Commons or rather its leaders in the cabinet. w Privileges protect members from executive and judicial constraints w De facto limitations on de jure power is extensive


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