Introduction
This essay explores the influences of the UK Parliament, a cornerstone of the British legal and political system, with a focus on its role in law-making, accountability, and representation. As a student of BTEC Law, understanding Parliament’s influence is fundamental to grasping how legislation shapes society and upholds the rule of law. The discussion will centre on three key areas: Parliament’s legislative authority, its role in holding the government to account, and its function as a representative body. By examining these aspects, supported by academic sources and real-world examples, this essay aims to provide a comprehensive overview of Parliament’s impact on governance and law in the UK. While a critical approach will be adopted, the analysis will remain within the bounds of a broad understanding appropriate for this level of study, acknowledging both strengths and limitations of parliamentary influence.
Parliament’s Legislative Authority
One of the primary influences of Parliament lies in its legislative authority, as it is the supreme law-making body in the UK. Under the doctrine of parliamentary sovereignty, Parliament can make, amend, or repeal any law, and no court can override its decisions (Dicey, 1885). This principle was notably affirmed in cases such as *R (Jackson) v Attorney General* (2005), where the House of Lords upheld the validity of the Hunting Act 2004 despite challenges to the Parliament Act 1949’s procedure. Such authority allows Parliament to address societal needs through legislation, ranging from criminal justice reforms to social welfare policies.
However, the extent of this influence is not without limitations. The legislative process is often time-consuming, involving multiple readings, committee stages, and debates in both the House of Commons and the House of Lords. Consequently, urgent issues may face delays, as seen in the protracted debates over Brexit legislation between 2016 and 2020 (Russell and Gover, 2017). Furthermore, while Parliament is theoretically sovereign, external influences such as European Union law—prior to Brexit—demonstrated constraints on its autonomy. Even post-Brexit, international treaties and obligations continue to shape legislative priorities, suggesting that parliamentary sovereignty is arguably more nuanced in practice than in theory (Elliott and Thomas, 2017). Nevertheless, Parliament’s ability to enact transformative laws, such as the Equality Act 2010, underscores its critical influence on shaping societal norms and legal frameworks.
Parliament as a Mechanism of Accountability
Another significant influence of Parliament is its role in holding the executive branch to account. Through mechanisms such as Prime Minister’s Questions (PMQs), select committees, and debates, Members of Parliament (MPs) scrutinise government policies and decisions. Select committees, for instance, have gained prominence in recent decades for their detailed inquiries into issues like public health or economic policy, often producing reports that influence governmental action (Norton, 2013). A notable example is the Public Accounts Committee’s investigation into the Windrush scandal, which exposed systemic failures in the Home Office’s handling of immigration cases, ultimately pressuring the government to offer compensation and policy reform (House of Commons, 2018).
Despite these mechanisms, the effectiveness of parliamentary scrutiny can be inconsistent. The dominance of the ruling party, often with a strong majority in the Commons, may limit robust opposition. Indeed, during periods of large majorities, such as under Tony Blair’s Labour government from 1997 to 2001, backbench MPs and opposition parties struggled to challenge executive decisions effectively (Cowley, 2005). Additionally, the unelected nature of the House of Lords, while offering expertise, sometimes raises questions about legitimacy in holding the government to account. Thus, while Parliament’s oversight role is a vital democratic safeguard, its influence in this regard is occasionally tempered by political and structural constraints.
Parliament as a Representative Body
Parliament’s influence also extends to its role as a representative body, reflecting the will of the people through elected MPs and, to a lesser extent, appointed peers. The House of Commons, elected via general elections, ensures that diverse societal views are brought into the legislative process. For example, debates on issues such as same-sex marriage, culminating in the Marriage (Same Sex Couples) Act 2013, demonstrated how public opinion can shape parliamentary agendas through constituency pressures and advocacy (Loveland, 2018). MPs often act as a conduit between citizens and the state, raising local concerns through parliamentary questions or early day motions.
That said, the representative function of Parliament is not without criticism. The first-past-the-post electoral system often results in disproportionate representation, where smaller parties like the Green Party struggle to gain seats despite significant national support (Johnston and Pattie, 2011). Moreover, the House of Lords, with its unelected members, is frequently critiqued for lacking democratic legitimacy, despite reforms in 1999 that reduced hereditary peers. Therefore, while Parliament serves as a vital link between the public and governance, its representativeness is arguably imperfect, reflecting systemic challenges that require ongoing discussion and potential reform.
Conclusion
In summary, the UK Parliament exerts profound influence through its legislative authority, accountability mechanisms, and role as a representative body. Its ability to create laws under the principle of parliamentary sovereignty remains a cornerstone of the legal system, though practical limitations such as external obligations and procedural delays must be acknowledged. As a mechanism of accountability, Parliament plays a crucial role in scrutinising the executive, yet its effectiveness varies depending on political dynamics and structural constraints. Similarly, while it serves as a representative institution, electoral and compositional issues highlight areas for improvement. For students of BTEC Law, understanding these influences is essential to appreciating how Parliament shapes the legal landscape and democratic governance in the UK. Looking forward, the implications of these dynamics suggest a need for continued scrutiny and potential reforms to enhance parliamentary effectiveness and representation. This analysis, while broad, provides a foundational insight into the multifaceted role of Parliament, inviting further exploration into specific legislative or accountability challenges.
References
- Cowley, P. (2005) The Rebels: How Blair Mislaid His Majority. Politico’s Publishing.
- Dicey, A.V. (1885) Introduction to the Study of the Law of the Constitution. Macmillan.
- Elliott, M. and Thomas, R. (2017) Public Law. 3rd ed. Oxford University Press.
- House of Commons (2018) Windrush Generation and the Home Office. Public Accounts Committee Report.
- Johnston, R. and Pattie, C. (2011) Electoral Systems and Geography: The Case of the UK. Political Geography, 30(4), pp. 189-198.
- Loveland, I. (2018) Constitutional Law, Administrative Law, and Human Rights: A Critical Introduction. 8th ed. Oxford University Press.
- Norton, P. (2013) Parliament in British Politics. 2nd ed. Palgrave Macmillan.
- Russell, M. and Gover, D. (2017) Legislation at Westminster: Parliamentary Actors and Influence in the Making of British Law. Oxford University Press.
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