Trafigura case

What do these have in common?

HIGNFY case

Newsnight Apology

The Role and Function of Parliament

1. Introduction

2. Extent of Parliamentary Power

3. Implications of Parliamentary Sovereignty

4. Functions of Parliament

5. Privileges

6. Conclusion

1. Introduction

Oliver CromwellOliver Cromwell

(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.’

(b) Where does/should power lie in parliament?

Transition from the dominance of the Crown in the Middle Ages to the dominance of the Ministers of the Crown in the 20th century

The Parliament Act, 1911

Money Bill to become law within a month of passing through the Commons

Lords could only delay other bills for two parliamentary sessions

Amended by Parliament Act, 1949, reducing the delay to one session

2. The Extent of Parliamentary Power.

Determined by the Bill of Rights 1689 that ONLY Parliament had the right to change the law

Underpinned by the Act of Settlement, 1700, securing the independence of the Judiciary

Doctrine of Parliamentary Sovereignty

3. Implications of Parliamentary Sovereignty Courts can only interpret Act of Parliament Parliament cannot bind its successor Parliament can pass retrospective legislation No territorial limits to Acts of Parliament Parliament not limited by rules of

International Law Parliament has no rival authority

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

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

6 Conclusion

Parliament is Sovereign (not the people) Powers have shifted to the Commons or

rather its leaders in the cabinet. Privileges protect members from executive

and judicial constraints De facto limitations on de jure power is

extensive