Modern Premiership Parliament Act and the Premiership

In addition to being the leader of a great political party and the head of Her Majesty's Government, the modern Prime Minister is the leader of the House of Commons. From this commanding position, the Prime Minister directs the law-making process, enacting into law his party’s programme. For example, former Prime Minister Tony Blair, whose Labour party was elected in 1997 partly on a promise to enact a British Bill of Rights and to create devolved governments for Scotland and Wales, subsequently stewarded through Parliament the Human Rights Act (1998), the Scotland Act (1998) and the Government of Wales Act (1998).

From its appearance in the 14th century, Parliament has been a bicameral legislature consisting of the Commons and the Lords. Members of the Commons are elected; those in the Lords are not. Most Lords are called "Temporal" with titles such as Duke, Marquess, Earl and Viscount. The balance are Lords Spiritual (prelates of the Anglican Church).

For most of the history of the Upper House, Lords Temporal were land owners who held their estates, titles and seats as an hereditary right passed down from one generation to the next in some cases for centuries. In 1910, for example, there were nineteen whose title was created before 1500.^{[69][70][71][72]}

Until 1911, Prime Ministers had to guide legislation through the Commons and the Lords and obtain a majority approval in both to translate it into law. This was not always easy because political differences usually separated the chambers. Representing the landed aristocracy, Lords Temporal were generally Tory (later Conservative) who wanted to maintain the status quo and resisted progressive measures such as extending the franchise. The party affiliation of members of the Commons was less predictable. During the 18th century, its makeup varied because the Lords had considerable control over elections: sometimes Whigs dominated it, sometimes Tories. After the passage of the Great Reform Bill in 1832, the Commons gradually became more progressive, a tendency that increased with the passage of each subsequent expansion of the franchise.

In 1906, the Liberal party, led by Sir Henry Campbell-Bannerman, won an overwhelming victory on a platform that promised social reforms for the working class. With 379 seats compared to the Conservatives' 132, the Liberals could confidently expect to pass their legislative programme through the Commons.^[73][74] At the same time, however, the Conservative Party had a huge majority in the Lords; it could easily veto any legislation passed by the Commons that was against their interests.^[75]

For five years, the Commons and the Lords fought over one bill after another. The Liberals pushed through parts of their programme, but the Conservatives vetoed or modified others. When the Lords vetoed the "People's Budget" in 1909, the controversy moved almost inevitably toward a constitutional crisis.^[76]

An important vote: the House of Lords voting for the Parliament Act 1911. From the Drawing by S. Begg The Parliament Act 1911 eliminated the Lords’ veto power over legislation approved by the House of Commons. Indirectly, it also further enhanced the dominance of the Prime Minister in the constitutional hierarchy.

In 1910, Prime Minister Herbert Asquith ^[77] introduced a bill "for regulating the relations between the Houses of Parliament" which would eliminate the Lords' veto power over legislation. Passed by the Commons, the Lords rejected it. In a general election fought on this issue, the Liberals were weakened but still had a comfortable majority. At Asquith's request, King George V then threatened to create a sufficient number of new Liberal Peers to ensure the bill's passage. Rather than accept a permanent Liberal majority, the Conservative Lords yielded, and the bill became law.^[78]

The Parliament Act 1911 established the supremacy of the Commons. It provided that the Lords could not delay for more than one month any bill certified by the Speaker of the Commons as a money bill. Furthermore, the act provided that any bill rejected by the Lords would nevertheless become law if passed by the Commons in three successive sessions provided that two years had elapsed since its original passage. The Lords could still delay or suspend the enactment of legislation but could no longer veto it.^[79][80] Subsequently the Lords “suspending” power was reduced to one year by the Parliament Act 1949.

Indirectly, the Act enhanced the already dominant position of Prime Minister in the constitutional hierarchy. Although the Lords are still involved in the legislative process and the Prime Minister must still guide legislation through both Houses, the Lords no longer have the power to veto or even delay enactment of legislation passed by the Commons. Provided that he controls the Cabinet, maintains party discipline, and commands a majority in the Commons, the Prime Minister is assured of putting through his legislative agenda.