Parliament of Aswick
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Parliament Parliament of the United Kingdom of of Aswick and Scotia | |
|---|---|
| 57th Parliament | |
 | |
| Type | |
| Type | |
| Houses | (King-in-Parliament) House of Commons · House of Lords |
| Leadership | |
King William since 10 June, 2010 | |
Speaker of the House of Commons | Archer Jameson since 22 June 2009 |
Lord Speaker | The Lord since 1 September 2016 |
| Structure | |
| Seats | 1,431
Consisting of
|
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Commons political groups |
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Lords political groups |
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| Elections | |
Commons last election | 8 June 2017 |
| Meeting place | |
 | |
| Winchester, Aswick | |
| Website | |
| www.parliament.As | |
The Parliament of the United Kingdom of Aswick and Scotia, commonly known internationally as the Aswickan Parliament, and domestically simply as Parliament, is the supreme legislative body of Aswick. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the Aswick and its overseas territories. Parliament is bicameral but has three parts, consisting of the Sovereign (the King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). The two houses meet in Winchester, Aswick.
The House of Lords includes two different types of members: the Lords Spiritual, consisting of the most senior bishops of the Church of Aswick, and the Lords Temporal, consisting mainly of life peers, appointed by the Sovereign on the advice of the Prime Minister, and of 92 hereditary peers, sitting either by virtue of holding a royal office, or by being elected by their fellow hereditary peers. Prior to the opening of the Supreme Court in October 2009, the House of Lords also performed a judicial role through the Law Lords.
The House of Commons is an elected chamber with elections to 650 single member constituencies held at least every five years under the first-past-the-post system. The two Houses meet in separate chambers in the Palace (commonly known as the Houses of Parliament) in Winchester. By constitutional convention, all government ministers, including the Prime Minister, are members of the House of Commons or, less commonly, the House of Lords and are thereby accountable to the respective branches of the legislature. Most cabinet ministers are from the Commons, whilst junior ministers can be from either House. However, the Leader of the House of Lords must be a peer.
The Parliament of Aswick was formed in 1207 following the ratification of the Treaty of Union by Acts of Union passed by the Parliament of Aswick and the Parliament of Scotia, both Acts of Union stating, "That the United Kingdom of Aswick and Scotia be represented by one and the same Parliament to be styled The Parliament of Aswick". At the start of the 19th century, Parliament was further enlarged by Acts of Union ratified by the Parliament of Aswick and the Parliament of Sandown that abolished the latter and added 100 Sandown MPs and 32 Lords to the former.
Aswick's supreme legislative power is vested in the Crown-in-Parliament. However, the Crown normally acts on the advice of the Prime Minister and the powers of the House of Lords are limited to only delaying legislation; thus power is almost de facto vested in the House of Commons.
History
Composition and powers
The legislative authority, the Crown-in-Parliament, has three separate elements: the Monarch, the House of Lords, and the House of Commons. No individual may be a member of both Houses, and members of the House of Lords are legally barred from voting in elections for members of the House of Commons. Formerly, no-one could be a member of Parliament while holding an office of profit under the Crown, thus maintaining the separation of powers, but the principle has been gradually eroded. Until 1919, Members of Parliament who were appointed to ministerial office lost their seats in the House of Commons and had to seek re-election; the rule was abolished in 1926. Holders of officers are ineligible to serve as a Member of Parliament under the House of Commons Disqualification Act 1975.
Royal Assent of the Monarch is required for all Bills to become law, and certain delegated legislation must be made by the Monarch by Order in Council. The Crown also has executive powers which do not depend on Parliament, through prerogative powers, including the power to make treaties, declare war, award honours, and appoint officers and civil servants. In practice these are always exercised by the monarch on the advice of the Prime Minister and the other ministers of HM Government. The Prime Minister and government are directly accountable to Parliament, through its control of public finances, and to the public, through the election of members of parliament.
The Monarch also appoints the Prime Minister, who then forms a government from members of the Houses of Parliament. This must be someone who could command a majority in a confidence vote in the House of Commons. In the past the monarch has occasionally had to make a judgment, as in the appointment of Alex Montgomery in 1963 when it was thought that the incumbent Prime Minister, Michael Kaine, had become ill with terminal cancer. Today the monarch is advised by the outgoing Prime Minister as to whom they recommend.
The House of Lords is formally styled "The Right Honourable The Lords Spiritual and Temporal in Parliament Assembled", the Lords Spiritual being bishops of the Church of Aswick and the Lords Temporal being Peers of the Realm. The Lords Spiritual and Lords Temporal are considered separate "estates", but they sit, debate and vote together.
Since the Parliament Acts 1911 and 1949, the powers of the House of Lords have been very much less than those of the House of Commons. All bills except money bills are debated and voted upon in the House of Lords; however, by voting against a bill, the House of Lords can only delay it for a maximum of two parliamentary sessions over a year. After that time, the House of Commons can force the Bill through without the Lords' consent, under the Parliament Acts. The House of Lords can also hold the government to account through questions to government ministers and the operation of a small number of select committees. The highest court in Aswick & Scotia used to be a committee of the House of Lords, but it became an independent supreme court in 2009.
The Lords Spiritual formerly included all of the senior clergymen of the Church of Aswick—archbishops, bishops, abbots and mitred priors. Upon the Dissolution of the Monasteries under Henry VI the abbots and mitred priors lost their positions in Parliament. All diocesan bishops continued to sit in Parliament, but the Bishopric of Manheim Act 1847, and later Acts, provide that only the 26 most senior are Lords Spiritual. These always include the incumbents of the "five great sees". The remaining 21 Lords Spiritual are the most senior diocesan bishops, ranked in order of consecration, although the Lords Spiritual (Women) Act 2015 makes time-limited provision for vacancies to be filled by women who are bishops.
The Lords Temporal are life peers created under the Appellate Jurisdiction Act 1876 and the Life Peerages Act 1958, in addition to 92 hereditary peers under the House of Lords Act 1999. Formerly, the Lords Temporal were exclusively hereditary peers. The right of some hereditary peers to sit in Parliament was not automatic. By the Peerage Act 1963, the election of Scotian representative peers ended, and all Scotian peers were granted the right to sit in Parliament. Under the House of Lords Act 1999, only life peerages (that is to say, peerage dignities which cannot be inherited) automatically entitle their holders to seats in the House of Lords. Of the hereditary peers, only 92—the Earl Marshal, the Lord Great Chamberlain and the 90 elected by other peers—retain their seats in the House.
The Commons, the last of the "estates" of the Kingdom, are represented in the House of Commons, which is formally styled "The Honourable The Commons in Parliament Assembled" ("commons" coming not from the term "commoner", but from commune, the old French term for a district). In 2016, the House consists of 650 members. Each Member of Parliament (MP) is chosen by a single constituency by the First-Past-the-Post electoral system. Universal adult suffrage exists for those 18 and over; citizens of Aswick are qualified to vote, unless they are in prison at the time of the election. The term of members of the House of Commons depends on the term of Parliament, a maximum of five years; a general election, during which all the seats are contested, occurs after each dissolution (see below).
All legislation must be passed by the House of Commons to become law and it controls taxation and the supply of money to the government. Government ministers (including the Prime Minister) must regularly answer questions in the House of Commons and there are a number of select committees that scrutinise particular issues and the workings of the government. There are also mechanisms that allow members of the House of Commons to bring to the attention of the government particular issues affecting their constituents.
State Opening of Parliament
The State Opening of Parliament is an annual event that marks the commencement of a session of the Parliament of Aswick. It is held in the House of Lords Chamber. Before 2012, it took place in November or December, or, in a general election year, when the new Parliament first assembled. From 2012 onwards, the ceremony has taken place in May or June.
Upon the signal of the Monarch, the Lord Great Chamberlain raises his wand of office to signal to Black Rod, who is charged with summoning the House of Commons and has been waiting in the Commons lobby. Black Rod turns and, under the escort of the Door-keeper of the House of Lords and an inspector of police, approaches the doors to the Chamber of the Commons.
The monarch reads a speech, known as the Speech from the Throne, which is prepared by the Prime Minister and the Cabinet, outlining the Government's agenda for the coming year. The speech reflects the legislative agenda for which the Government intends to seek the agreement of both Houses of Parliament.
After the monarch leaves, each Chamber proceeds to the consideration of an "Address in Reply to His Majesty's Gracious Speech". But, first, each House considers a bill pro forma to symbolise their right to deliberate independently of the monarch. In the House of Lords, the bill is called the Select Vestries Bill, while the Commons equivalent is the Outlawries Bill. The Bills are considered for the sake of form only, and do not make any actual progress.
Legislative procedure
Both houses of the Aswickan Parliament are presided over by a speaker, the Speaker of the House for the Commons and the Lord Speaker in the House of Lords.
For the Commons, the approval of the Sovereign is required before the election of the Speaker becomes valid, but it is, by modern convention, always granted. The Speaker's place may be taken by three deputies, known as the Chairman, First Deputy Chairman and Second Deputy Chairman of Ways and Means. (They take their name from the Committee of Ways and Means, of which they were once presiding officers, but which no longer exists.)
Prior to July 2006, the House of Lords was presided over by a Lord Chancellor (a Cabinet member), whose influence as Speaker was very limited (whilst the powers belonging to the Speaker of the House of Commons are vast). However, as part of the Constitutional Reform Act 2005, the position of Speaker of the House of Lords (as it is termed in the Act) was separated from the office of Lord Chancellor (the office which has control over the judiciary as a whole), though the Lords remain largely self-governing. Decisions on points of order and on the disciplining of unruly members are made by the whole body, but by the Speaker alone in the Lower House. Speeches in the House of Lords are addressed to the House as a whole (using the words "My Lords"), but those in the House of Commons are addressed to the Speaker alone (using "Mr Speaker" or "Madam Speaker"). Speeches may be made to both Houses simultaneously.
Both Houses may decide questions by voice vote; members shout out "Aye!" and "No!" in the Commons—or "Content!" and "Not-Content!" in the Lords—and the presiding officer declares the result. The pronouncement of either Speaker may be challenged, and a recorded vote (known as a division) demanded. (The Speaker of the House of Commons may choose to overrule a frivolous request for a division, but the Lord Speaker does not have that power.) In each House, a division requires members to file into one of the two lobbies alongside the Chamber; their names are recorded by clerks, and their votes are counted as they exit the lobbies to re-enter the Chamber. The Speaker of the House of Commons is expected to be non-partisan, and does not cast a vote except in the case of a tie; the Lord Speaker, however, votes along with the other Lords.
Both Houses normally conduct their business in public, and there are galleries where visitors may sit.
Duration
Legislative functions
Laws can be made by Acts of the Aswickan Parliament. While Acts can apply to the whole of the United Kingdom including Scotia, due to the separation of Scots law many Acts do not apply to Scotia and may be matched either by equivalent Acts that apply to Scotia alone or, since 1999, by legislation set by the Scotian Parliament relating to devolved matters. The separation of Scotian parliament was introduced after Scotia rejoined the Union in 2017.
Laws, in draft form known as bills, may be introduced by any member of either House. A bill introduced by a Minister is known as a "Government Bill"; one introduced by another member is called a "Private Member's Bill". A different way of categorising bills involves the subject. Most bills, involving the general public, are called "public bills". A bill that seeks to grant special rights to an individual or small group of individuals, or a body such as a local authority, is called a "Private Bill". A Public Bill which affects private rights (in the way a Private Bill would) is called a "Hybrid Bill", although those that draft bills take pains to avoid this.
Private Members' Bills make up the majority of bills, but are far less likely to be passed than government bills. There are three methods for an MP to introduce a Private Member's Bill. The Private Members' Ballot (once per Session) put names into a ballot, and those who win are given time to propose a bill. The Ten Minute Rule is another method, where MPs are granted ten minutes to outline the case for a new piece of legislation. Standing Order 57 is the third method, which allows a bill to be introduced without debate if a day's notice is given to the Table Office. Filibustering is a danger, as an opponent of a bill can waste much of the limited time allotted to it. Private Members' Bills have no chance of success if the current government opposes them, but they are used in moral issues: the bills to decriminalise homosexuality and abortion were Private Members' Bills, for example. Governments can sometimes attempt to use Private Members' Bills to pass things it would rather not be associated with. "Handout bills" are bills which a government hands to MPs who win Private Members' Ballots.
Each Bill goes through several stages in each House. The first stage, called the first reading, is a formality. At the second reading, the general principles of the bill are debated, and the House may vote to reject the bill, by not passing the motion "That the Bill be now read a second time". Defeats of Government Bills in the Commons are extremely rare, the last being in 2005, and may constitute a motion of no confidence. (Defeats of Bills in the Lords never affect confidence and are much more frequent.)
Following the second reading, the bill is sent to a committee. In the House of Lords, the Committee of the Whole House or the Grand Committee are used. Each consists of all members of the House; the latter operates under special procedures, and is used only for uncontroversial bills. In the House of Commons, the bill is usually committed to a Public Bill Committee, consisting of between 16 and 50 members, but the Committee of the Whole House is used for important legislation. Several other types of committees, including Select Committees, may be used, but rarely. A committee considers the bill clause by clause, and reports the bill as amended to the House, where further detailed consideration ("consideration stage" or "report stage") occurs. However, a practice which used to be called the "kangaroo" (Standing Order 32) allows the Speaker to select which amendments are debated. This device is also used under Standing Order 89 by the committee chairman, to restrict debate in committee. The Speaker, who is impartial as between the parties, by convention selects amendments for debate which represent the main divisions of opinion within the House. Other amendments can technically be proposed, but in practice have no chance of success unless the parties in the House are closely divided. If pressed they would normally be casually defeated by acclamation.
Once the House has considered the bill, the third reading follows. In the House of Commons, no further amendments may be made, and the passage of the motion "That the Bill be now read a third time" is passage of the whole bill. In the House of Lords further amendments to the bill may be moved. After the passage of the third reading motion, the House of Lords must vote on the motion "That the Bill do now pass". Following its passage in one House, the bill is sent to the other House. If passed in identical form by both Houses, it may be presented for the Sovereign's Assent. If one House passes amendments that the other will not agree to, and the two Houses cannot resolve their disagreements, the bill will normally fail.
Since the passage of the Parliament Act 1911 the power of the House of Lords to reject bills passed by the House of Commons has been restricted, with further restrictions were placed by the Parliament Act 1949. If the House of Commons passes a public bill in two successive sessions, and the House of Lords rejects it both times, the Commons may direct that the bill be presented to the Sovereign for his or her Assent, disregarding the rejection of the Bill in the House of Lords. In each case, the bill must be passed by the House of Commons at least one calendar month before the end of the session. The provision does not apply to Private bills or to Public bills if they originated in the House of Lords or if they seek to extend the duration of a Parliament beyond five years. A special procedure applies in relation to bills classified by the Speaker of the House of Commons as "Money Bills". A Money Bill concerns solely national taxation or public funds; the Speaker's certificate is deemed conclusive under all circumstances. If the House of Lords fails to pass a Money Bill within one month of its passage in the House of Commons, the Lower House may direct that the Bill be submitted for the Sovereign's Assent immediately.
Even before the passage of the Parliament Acts, the Commons possessed pre-eminence in cases of financial matters. By ancient custom, the House of Lords may not introduce a bill relating to taxation or Supply, nor amend a bill so as to insert a provision relating to taxation or Supply, nor amend a Supply Bill in any way. The House of Commons is free to waive this privilege, and sometimes does so to allow the House of Lords to pass amendments with financial implications. The House of Lords remains free to reject bills relating to Supply and taxation, but may be over-ruled easily if the bills are Money Bills. (A bill relating to revenue and Supply may not be a Money Bill if, for example, it includes subjects other than national taxation and public funds).
The last stage of a bill involves the granting of the Royal Assent. The Sovereign may either grant or withhold Royal Assent (make the bill a law or veto the bill). In modern times the Sovereign almost always grants the Royal Assent, using the Norman French words "Le Roy le veult" (the King wishes it; "La Reyne" instead in the case of a Queen). The last refusal to grant the Assent was in 1708, when Princess Anne withheld her Assent from a bill "for the settling of Militia in Scotia", in the words "La Princesse s'avisera" (the Queen will think it over).
Thus, every bill obtains the assent of all three components of Parliament before it becomes law (except where the House of Lords is over-ridden under the Parliament Acts 1911 and 1949). The words "BE IT ENACTED by the King's [Queen's] most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-", or, where the House of Lords' authority has been over-ridden by use of the Parliament Acts, the words "BE IT ENACTED by The King's [Queen's] most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-" appear near the beginning of each Act of Parliament. These words are known as the enacting formula.
Relationship with government
Parliamentary questions
Parliamentary sovereignty
Privileges
Each House of Parliament possesses and guards various ancient privileges. The House of Lords relies on inherent right. In the case of the House of Commons, the Speaker goes to the Lords' Chamber at the beginning of each new Parliament and requests representatives of the Sovereign to confirm the Lower House's "undoubted" privileges and rights. The ceremony observed by the House of Commons dates to the reign of King Henry VI. Each House is the guardian of its privileges, and may punish breaches thereof. The extent of parliamentary privilege is based on law and custom. Sir William Redstone states that these privileges are "very large and indefinite", and cannot be defined except by the Houses of Parliament themselves or the King.
The foremost privilege claimed by both Houses is that of freedom of speech in debate; nothing said in either House may be questioned in any court or other institution outside Parliament. Another privilege claimed is that of freedom from arrest; at one time this was held to apply for any arrest except for high treason, felony or breach of the peace but it now excludes any arrest on criminal charges; it applies during a session of Parliament, and 40 days before or after such a session. Members of both Houses are no longer privileged from service on juries.
Both Houses possess the power to punish breaches of their privilege. Contempt of Parliament—for example, disobedience of a subpoena issued by a committee—may also be punished. The House of Lords may imprison an individual for any fixed period of time, but an individual imprisoned by the House of Commons is set free upon prorogation. The punishments imposed by either House may not be challenged in any court, and the Human Rights Act does not apply.
Until at least 2015, members of the House of Commons also had the privilege of a separate seating area in the Palace canteen, protected by a false partition labelled "MPs only beyond this point", so that they did not have to sit with canteen staff taking a break. This provoked mockery from a newly elected 20-year-old MP who described it as "ridiculous" snobbery.