The Role and Function of Parliament

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• The Role and Function of Parliament

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• Introduction
• Extent of Parliamentary Power
• Implications of Parliamentary Sovereignty
• Functions of Parliament
• Privileges
• Conclusion

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1. Introduction
Oliver Cromwell
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(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.

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(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 present century

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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

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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

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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

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4. Functions of Parliament

• Provides personnel for the government
• Representational
• Legislative
• Legitimating
• Financial
• Debating
• Scrutinising of the executive
• Judicial

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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

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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