21. The Origin and the Present-Day Role of the British Parliament.

5^th - the Anglo-Saxon invasion (7 kingdoms)

At first anglo saxon kings were leaders of groups of free warriors and enjoyed little privilege. The kingdoms increased in size => king had to do with the new problems=> kingship came to have a dual function: the monarch was the guardian of his people and at the same time he was the god’s representative who enjoyed the supreme powers.

9^th – wessex the most powerful of kingdoms

Succession to the thorn was not strictly hereditary: it was limited to the royal family but not to the eldest son of the reining king. WITAN – had the right to elect the next king from the members of royal family.

11^th – Norman kings strengthened monarch power:

• rules thru the Great council

• the king’s word’s were law

William the conqueror took very definite steps to keep the nobles under his control. => The Oath of Salisbury=> oath directly to William. On that day England became forever a kingdom, one and indivisible

the process of monarch powers’ limitation began:

• 15 June 1215 the magna carta enforced.=> sought to enforce upon the king the recognition of the customary right which barons, church and free man gained in the past. – it’s the corner stone of the Englishman’s liberty,50 years late this led to the establishment of th1st English parliament in 1265.

• Simon de Mont fort led the discontented barons against the king. In January 1265 he summoned the 1^st parliament, which assumed the supreme legislative role in the 17 c.

• The English revolution brought bourgeoisie and gentry to power.

• 1660 the monarchy was restored. With the idea that it was the RELIABLE institution that would serve the interests of NEW classes.

• 1679 – the habeas corpus act. => protected the individuals from the desporism of the king

• 1689 0 the bill of rights (passed in the course of glorious revolution):

- p was to be freely acted

- its members had freedom of speech

- king had no power to suspend laws

• 1701 the act of settlement

The Functions of the House of Commons.

The House of Commons is the lower house of the Parliament of the United Kingdom. The House of Commons is a democratically elected body, consisting of 646 members, who are known as "Members of Parliament" or MPs. Members are elected by the first-past-the-post system of election, holding office until Parliament is dissolved (a maximum of five years). Each member is elected by, and represents, an electoral district known as a constituency. The House of Commons evolved at some point during the 14th century and has been in continuous existence since. The House of Commons (the "lower house") was once far less powerful than the House of Lords (the "upper house"), but is now by far the dominant branch of Parliament. The House of Commons' legislative powers exceed those of the House of Lords; under the Parliament Act 1911, the Lords' power to reject most bills was reduced to a mere delaying power. Moreover, the Government of the United Kingdom is answerable to the House of Commons; the Prime Minister stays in office only as long as he or she retains the support of the lower house. The House of Commons elects a presiding officer, known as the Speaker, at the beginning of each new parliamentary term. Bills may be introduced in either House, though controversial bills normally originate in the House of Commons. Some always start in the other House, so as to equalise the parliamentary timetable. The supremacy of the Commons in legislative matters is assured by the Parliament Acts, under which certain types of bills may be presented for the Royal Assent without the consent of the House of Lords. The Lords may not delay a money bill (a bill that, in the view of the Speaker of the House of Commons, solely concerns national taxation or public funds) for more than one month. Moreover, the Lords may not delay most other public bills for more than two parliamentary sessions, or one calendar year. These provisions, however, only apply to public bills that originate in the House of Commons. Moreover, a bill that seeks to extend a parliamentary term beyond five years requires the consent of the House of Lords

The Functions of the House of Lords.

The House of Lords is the upper house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords". The Sovereign, the House of Commons (which is the lower house of Parliament and referred to as "the Commons"), and the Lords together comprise the Parliament. Members of the House of Lords are known as "Lords of Parliament". The House of Lords does not have a fixed number of members: currently there are 751 members, consisting of 26 "Lords Spiritual" and 725 "Lords Temporal".In addition to performing legislative functions, the House of Lords also holds judicial powers: it constitutes the highest court of appeal for most cases in the United Kingdom. The judicial functions of the House of Lords are not performed by the whole Chamber, but rather by an Appellate Committee of members with experience of high judicial office, who are known as "Law Lords". The House of Lords is not the only court of last resort in the United Kingdom; in some cases, that role is fulfilled by the Judicial Committee of the Privy Council. The Constitutional Reform Act 2005 will transfer the judicial functions of the Lords to a new Supreme Court of the United Kingdom, but the provisions enacting the transfer have not yet been brought into force. The power of the Lords to reject a bill passed by the House of Commons is severely restricted by the Parliament Acts. Under those Acts, certain types of bills may be presented for the Royal Assent without the consent of the House of Lords. The House of Lords cannot delay a money bill (a bill that, in the view of the Speaker of the House of Commons, solely concerns national taxation or public funds) for more than one month. Other public bills cannot be delayed by the House of Lords for more than two parliamentary sessions, or one calendar year. These provisions, however, only apply to public bills that originate in the House of Commons, and cannot have the effect of extending a parliamentary term beyond five years. A further restriction is a constitutional convention known as the Salisbury Convention, which means that the House of Lords does not oppose legislation promised in the Government's election manifesto. The jurisdiction of the House of Lords extends, in civil and in criminal cases, to appeals from the courts of England and Wales, and of Northern Ireland

Reforming the House of Lords.

In addition to performing legislative functions, the House of Lords also holds judicial powers: it constitutes the highest court of appeal for most cases in the United Kingdom. The judicial functions of the House of Lords are not performed by the whole Chamber, but rather by an Appellate Committee of members with experience of high judicial office, who are known as "Law Lords". The House of Lords is not the only court of last resort in the United Kingdom; in some cases, that role is fulfilled by the Judicial Committee of the Privy Council. The Constitutional Reform Act 2005 will transfer the judicial functions of the Lords to a new Supreme Court of the United Kingdom, but the provisions enacting the transfer have not yet been brought into force.