Parliament in England history and modernity. Topic of The British Parliament

Story

Scottish Parliament

Parliament of Ireland

The Irish Parliament was created to represent the English in the Irish dominion, while the native or Gaelic Irish had no right to elect or be elected. It was first convened in 1264. Then the British only lived in the area around Dublin known as The Line.

The principle of ministerial responsibility to the lower house was developed only in the 19th century. The House of Lords was superior to the House of Commons in both theory and practice. Members of the House of Commons were elected under an outdated electoral system that varied widely in the size of polling stations. So in Gatton, seven voters chose two MPs, as well as in Dunwich. (English), which completely went under water due to land erosion. In many cases, members of the House of Lords controlled small electoral wards known as "pocket boroughs" and "rotten boroughs" and were able to ensure that their relatives or supporters were elected. Many seats in the House of Commons were the property of the Lords. Also at that time, electoral bribery and intimidation were widespread. After the reforms of the nineteenth century (beginning in 1832), the electoral system was greatly streamlined. No longer dependent on the upper house, members of the Commons became more confident.

Modern era

The supremacy of the House of Commons was clearly established at the beginning of the 20th century. In 1909, the House of Commons passed the so-called "People's Budget", which introduced numerous tax changes that were disadvantageous to wealthy landowners. The House of Lords, made up of the powerful landed aristocracy, rejected this budget. Using the popularity of this budget and the unpopularity of the Lords, the Liberal Party won the election in 1910. Using the results of the election, Liberal Prime Minister Herbert Henry Asquith proposed a parliamentary bill that was supposed to limit the powers of the House of Lords. When the Lords refused to pass this legislation, Asquith asked the King to create several hundred Liberal peers in order to dilute the Conservative Party's majority in the House of Lords. In the face of such a threat, the House of Lords passed an Act of Parliament that only allowed the Lords to delay legislation for three sessions (reduced to two sessions in 1949), after which it would take effect over their objections.

Organization of activities

Compound

The British Parliament is bicameral, that is, based on a bicameral system, and consists of the House of Commons and the House of Lords. However, as a nationwide representative body, parliament is a triune institution, which includes not only both chambers, but also the monarch, "Queen-in-Parliament" (eng. Crown-in-Parliament), since only the presence of all three elements forms in the legal sense of what is called the British Parliament. This connection is due to the peculiarity of the principle separation of powers, which consists in the fact that in the system government agencies Great Britain, such a division is both factual and formally absent: the monarch is an integral part of each of the branches of government. Thus, one of the political prerogatives of the monarch is his right to convene and dissolve parliament. Furthermore, no law can take effect until royal assent has been obtained, that is, until it has been approved by the monarch. The Queen heads Parliament, however, her role is largely ceremonial: in practice, she traditionally acts on the advice of the prime minister and other members of the government.

The term "Parliament" is usually used to refer to both houses, but sometimes parliament means its main part - the House of Commons. Thus, only members of the House of Commons are called "Members of Parliament". The government is responsible only to the House of Commons, and this responsibility is called "parliamentary". It is the House of Commons that exercises what is called "parliamentary control".

The House of Commons

House of Lords

General parliamentary procedure

Questions of procedure in the British Parliament are highly great importance, but unlike most states, there is no single written document that would fix the rules for the internal organization of the chambers - it is replaced by permanent rules (eng. Standing orders), developed by centuries of practice, including session rules approved at the beginning of each sessions. It should be noted that these rules, acting in both chambers and acting as an analogue of parliamentary regulations in other countries, do not form a unified legal act, but represent a collection of various norms adopted by each chamber separately and at different times. In addition, the parliamentary procedure is governed by various unwritten rules - customs (eng. custom and practice) .

Convening and dissolving Parliament

The convocation of Parliament is the prerogative of the monarch, implemented at the suggestion of the Prime Minister within 40 days after the end of parliamentary elections through the issuance of a royal proclamation (English Royal Proclamation). Parliamentary sessions are convened annually, usually in late November - early December, and continue for most of the year with breaks for holidays. Each session begins with the throne speech of the monarch (eng. Speech from the throne), which, as usual, is compiled by the prime minister and contains the government's program for the coming year. During the Speech from the Throne, Parliament is in full session.

The extension of powers and the dissolution of parliament are also possible on the basis of a formal expression of the will of the monarch. Custom and numerous precedents allow the prime minister to propose to the monarch at any time the dissolution of Parliament, without the monarch having any grounds for refusal.

After the completion of Parliament, regular elections are held in which new members of the House of Commons are elected. The composition of the House of Lords does not change with the dissolution of Parliament. Each parliament meeting after new elections has its own serial number, while the countdown is from the moment of the unification of Great Britain and Northern Ireland into the United Kingdom, that is, from 1801. The current parliament is already the fifty-fifth in a row.

ceremonial

parliamentary sessions

The procedure for holding parliamentary sessions is strictly regulated. They begin with the so-called "hour of questions" (eng. Question time) to the prime minister and members of the government. Next, the parliamentarians move on to the most urgent cases, as well as government and private statements, and then to the main agenda, that is, lawmaking, which includes debate and voting.

Government statement (eng. ministerial statement) - an oral statement by a member of the cabinet of ministers on internal and foreign policy government - both current (oral statement) and planned (written statement). At the end of the speech, parliamentarians can respond to the statement or add their own comments to it, as well as ask the minister relevant questions.

Sessions of chambers in most cases pass openly, but the speaker has the right to order and holding of session behind the closed doors. To hold a meeting, the House of Lords must meet a quorum of 3 people, while in the House of Commons it is formally absent.

Meetings of parliamentary committees are held with a quorum of 5 to 15 members, depending on their number. Upon completion of work on any issue, the committee draws up a report, which is submitted to the relevant chamber.

Term of Office

Initially, there were no restrictions on the duration of Parliament, but the Triennial Act of 1694 (eng. Triennial Acts) set a maximum term of office of three years. The Seven-Year Act of 1716 Septennial Act 1715) extended this period to seven years, but the 1911 Act of Parliament (Eng. Parliament Act 1911) shortened it to five years. During the Second World War, the duration of the Parliament was temporarily increased to ten years, and after it ended in 1945, it was again set to five years.

Previously, the death of a monarch automatically meant the dissolution of parliament, since it was considered the caput, principium, et finis (beginning, foundation and end) of the latter. However, it was inconvenient not to have a Parliament at a time when the succession to the throne could be contested. During the reigns of William III and Mary II, a statute was passed that Parliament should continue for six months after the death of the sovereign, unless it was dissolved earlier. Representation of the People Act 1867 Reform Act 1867) revoked this provision. Now the death of the sovereign does not affect the duration of the Parliament.

Privilege

Each House of Parliament retains its ancient privileges. The House of Lords relies on inherited rights. In the case of the House of Commons, the Speaker at the beginning of each Parliament goes to the House of Lords and asks the Sovereign's representatives to confirm the "undoubted" privileges and rights of the lower house. This ceremony dates back to the time of Henry VIII. Each chamber guards its privileges and may punish violators of them. The content of parliamentary privileges is determined by law and custom. These privileges cannot be determined by anyone but the Houses of Parliament themselves.

The most important privilege of both houses is freedom of speech in disputes: nothing said in Parliament can be the cause of an investigation or legal action in any body other than Parliament itself. Another privilege is protection from arrest, except in cases of treason, serious criminal offenses or violation of the peace ("breach of the peace"). It is valid during the session of Parliament, and for forty days before and after it. Members of Parliament also have the privilege of not serving on juries in court.

Both houses can punish violations of their privileges. Contempt of Parliament, such as disobeying a summons as a witness issued by a parliamentary committee, may also be punished. The House of Lords can imprison a person for any length of time, the House of Commons can also imprison a person, but only until the end of the session of Parliament. Punishment imposed by either House may not be challenged in any court.

Powers

Legislative process

The Parliament of the United Kingdom may make laws by its Acts. Some acts are valid throughout the kingdom, including Scotland, but since Scotland has its own legislative system (the so-called Scottish law (eng. Scots law)), many acts are not valid in Scotland and are either accompanied by the same acts, but valid only in Scotland, or (since 1999) by laws passed by the Parliament of Scotland.

The new law, in its draft form called bill, may be proposed by any member of the upper or lower house. Bills are usually introduced by the king's ministers. A bill introduced by a minister is called a "Government Bill", while one introduced by an ordinary member of the House is called a "Private Member's Bill". Billy is also distinguished by their content. Most of the bills that affect the whole society are called "Public Bills". Bills that give special rights to an individual or a small group of people are called "Private Bills". A private bill that affects the wider community is called a "Hybrid Bill".

Bills of private members of the House are only one-eighth of all bills, and they are much less likely to pass than government bills, since the time for discussion of such bills is very limited. A Member of Parliament has three ways to introduce his Private Member's Bill.

• The first way is to put it to the vote in the list of bills proposed for discussion. Usually, about four hundred bills are put on this list, then these bills are voted on, and the twenty bills that get the most votes get time for discussion.
• Another way is the "ten minute rule". Under this rule, MPs are given ten minutes to propose their bill. If the House agrees to accept it for discussion, it goes to the first reading, otherwise the bill is eliminated.
• The third way - according to order 57, having warned the speaker a day in advance, formally put the bill on the list for discussion. Such bills are rarely passed.

A great danger for bills is “parliamentary filibustering”, when opponents of a bill deliberately play for time in order to make the time allotted for its discussion expire. Bills of private members of the House have no chance of being accepted if they are opposed by the incumbent government, but they are brought in to raise questions of morality. Bills to legalize homosexual relations or abortion were bills of private members of the House. The government can sometimes use the bills of private members of the House to pass unpopular laws with which it does not want to be associated. Such bills are called handout bills.

Each bill goes through several stages of discussion. The first reading is a pure formality. The second reading discusses general principles bill. On the second reading, the House can vote to reject the bill (by refusing to say "That the Bill be now read a second time"), but government bills are very rarely rejected.

After the second reading, the bill goes to committee. In the House of Lords, it is a committee of the whole house or a grand committee. Both are composed of all members of the House, but the Grand Committee operates under special procedure and is used only for non-controversial bills. In the House of Commons, a bill is usually referred to a sitting committee of 16-50 members of the House, but for important legislation, a committee of the whole House is used. Several other types of committees, such as an elected committee, are rarely used in practice. The committee considers the bill article by article, and reports the proposed amendments to the entire house, where further discussion of the details takes place. The device called kangaroo(Existing Order 31) allows the speaker to select amendments to discuss. Typically, this device is used by the committee chair to limit discussion in the committee.

After the House has considered the bill, the third reading follows. There are no further amendments in the House of Commons, and passing "That the Bill be now read a third time" means passing the entire bill. However, amendments may still be made in the House of Lords. After passing the third reading, the House of Lords must vote on the proposal "That the Bill do now pass". After passing in one house, the bill is sent to the other house. If it is passed by both Houses in the same wording, it may be submitted to the Sovereign for approval. If one of the houses does not agree with the amendments of the other house, and they cannot resolve their differences, the bill fails.

The British Parliament is the oldest in the world. It originatedin the 12th century as Witenagemot, the body of wise councillorsto consult the King in his policy. The British Parliament consists of the House of Lords and the House of Commons and the Queen as its head. The House of Commons plays the major role in law-making. It consists of Members of Parliament(called MPs for short). Each of them represents an area in England, Scotland, Wales and Ireland. MPs are elected either at agegeneral election or at a by-election following the death orretirement. Parliamentary elections are held every 5 years and itis the Prime Minister who decides on the exact day of theelection. The minimum voting age is 18. And the voting is takenby secret ballot. The election campaign lasts about 3 weeks, TheBritish parliamentary system depends on politicals parties. Theparty which wins the majority of seats forms the goverment andits leader usually becomes Prime Minister. The Prime Ministerchooses about 20 MPs from his party to become the cabinet ofministers. Each minister is responsible for a particular area in the government. The second largest party becomes the officialopposition with its own leader and "shadow cabinet". The leaderof the opposition is a recognized post in the House of Commons.The parliament and the monarch have different roles in thegovernment and they only meet together on symbolic occasions, suchas coronation of a new monarch or the opening of the parliament.In reality, the House of Commons is the one of three which hastrue power. The House of Commons is made up of six hundred and fifty elected members, it is presided over by the speaker, a member acceptable to the whole house. MPs sit on two sides of the hall, one side for the governing party and the other for theopposition. The first 2 rows of seats are occupied by the leadingmembers of both parties (called "front benches") The back benchesbelong to the rank-and-life MPs. Each session of the House of Commons lasts for 160-175 days. Parliament has intervals duringhis work. MPs are paid for their parliamentary work and have toattend the sittings. As mention above, the House of Commons plays the major role in law making. The procedure is the following: aproposed law ("a bill") has to go through three stages in orderto become an act of parliament, these are called "readings". Thefirst reading is a formality and is simply the publication of theproposal. The second reading involves a debate on the principles of the bill, it is an examination by parliamentary committy. And the third reading is a report stage, when the work of the committy isreported on to the house. This is usually the most important stage in the process. When the bill passes through the House of Commons, it is sent to the House of Lords for discussion, when the Lords agree it, the bill is taken to the Queen for royalassent, when the Queen sings the bill, it becomes act of the Parliament and the Law of the Land. The House of Lords has morethan 1000 members, although only about 250 take an active part inthe work in the house. Members of this Upper House are notelected, they sit there because of their rank, the chairman ofthe House of Lords is the Lord Chancellor. And he sits on a special seat, called "Wool Sack." The members of the House of Lordsdebate the bill after it has been passed by the House of Commons.Some changes may be recommended and the agreement between the twohouses is reached by negotiations.

This is the symbol of Great Britain.

Where and when did Parliament appear in England? This article will present Short story the creation of this authority, although it takes a rather long period of development of the state. But first, let's look at the origin of the term itself.

Definition of the word "parliament"

Before we find out where and when the parliament appeared in England, let's try to determine the meaning of the word "parliament". There are two main theories of the origin of the term. According to the first of them, the English "parliament" was obtained by combining 2 Latin words:

• "parium", meaning "equal" or "parity";
• "lamentum" - "weeping, complaint".

That is, parliament is a place where you can file a complaint with people of equal status.

According to the second theory, the term "parliament" is derived from 2 French words:

• "parler" (translated as "conversation");
• "ment", meaning "judgment".

It turns out that parliament is a place where opinions are exchanged, they have a conversation, they express their point of view.

In connection with the above differences in the origin of the term, scholars are still arguing about the time of the emergence of the 1st Parliament in England. Therefore, it can be said that there is no unequivocal answer to the question of where and when the parliament appeared in England.

In essence, parliament is one of the most common electoral authorities in many democratic countries. And it can be called differently. For example, in Russia it is the Duma, in Germany it is the Bundestag, in Israel it is the Knesset. The history of the emergence of such an authority in different countries followed almost the same rules.

About prerequisites

Using the example of Britain, let's try to briefly talk about where and when the parliament appeared. In England, the first prerequisites for the birth of an elective system can be traced from the moment when the Roman legionnaires began to retreat from these places. The stages of the formation of statehood passed very slowly, and royal power was rather weak. In connection with the development of cities, a new class was reborn - the bourgeoisie, who tried to defend their interests, as well as large landowners at the state level. The chronicles of some counties of England provide some evidence that noble knights, by decision of the sheriffs of the localities, went to advise the kings on taxation and other financial matters. Naturally, the kings did not need the thoughts of the townspeople and knights on this matter, full agreement with his opinion was strict. But sometimes he had to agree with the proposals of his subjects. Under such conditions in Western Europe representative assemblies began to arise, exerting a certain restraining effect on the growing appetites of monarchs. One of them and the Parliament in England.

The history of England closely links the origin of such an authority with the name of an influential person of that time - Simon de Montfort.

On the versions of the emergence of Parliament in England

Those who adhere more to the French version of the origin of the name of the government, believe that the first Parliament of England are the meetings convened by Alfred the Great at the end of the 9th century. But they are contradicted by representatives who adhere to the “autochthonous” version. According to them, the origin of Parliament in England is closely connected with the struggle between the king and the barons on the one hand and the knights and citizens on the other. And this event happened much later than the first- in the 2nd half of the 13th century.

The latter theory looks more plausible today, and it also has the majority of supporters. It turns out that the first English parliament arose in the XIII century.

Parliament in England

As a full-fledged body of power, Parliament began to function in the Middle Ages, from 1265. Representatives of the upper class of the clergy and the nobility of the titled received documents, and nominal ones, which gave them the opportunity to take part in parliamentary meetings. Ordinary townspeople and knights took part in its work by common invitation.

In the structure of the Parliament of England for 900 years, almost nothing has changed. And today, as before, it is divided into two chambers. The first is the House of Lords, which includes the descendants of those barons who participated in the "Furious Council" (1258 - a meeting of English aristocrats in Oxford, where Henry III was required to limit the power of the king). This includes representatives of the spiritual nobility and titled nobility. The lower house is the House of Commons. This includes representatives of the heirs of those who in those distant times took part in meetings by "general invitations". These are the descendants of wealthy citizens and knights.

Today, among the representatives of the House of Commons there are also deputies from the local nobility, whom the local people have entrusted to represent their interests in the capital.

During the reign of Henry III (1216–1272) in England Parliament was born which made the royal power limited. Henry III was a sovereign who loved flattery and generously awarded positions and lands for it. The people closest to him were foreigners who entered the royal service, numerous knights from France and a fairly large number of spiritual ones from Italy, who were sent to England by the popes. All the behavior of the king and his foreign favorites was very disliked English nation, formed in the middle of the XIII century. from the fusion of the Normans with the Anglo-Saxons. Prelates, barons, knights, and townspeople united in opposition against the king. Henry III convened several times congresses of prelates and barons("great councils"), which for the most part sharply condemned his policies. The main role in this opposition was played by Simon Montfort, originally a Frenchman (his father was a leader in crusade against the Albigensians), who moved to England, where he received the title of Earl of Leicester and married the king's sister. Having quarreled with Henry III, this talented and energetic nobleman went over to the side of the English barons and even became their leader. First, the larger barons at the "great council" in Oxford(1258) forced the king to admit over himself guardianship of a special committee of 24 barons, but the petty barons and knights were dissatisfied with such an oligarchic form of government and began to complain about its establishment. Henry III refused to fulfill this promise, but Simon Montfort went to war with him, took him prisoner and became the ruler of England. Distinguished by his great statesmanship, he saw, however, that the big barons alone would not be able to organize the government of the country, and therefore, convening in 1265 on behalf of the king "great council", he invited him not only prelates and barons, but also representatives of shires (counties) and cities(two representatives from each county and the most important cities). This was first English parliament. By inviting chivalry and townspeople to participate in the reign, Simon incurred the displeasure of large barons. They went over to the side of the king, and the eldest son of Henry III (Edward) escaped from captivity and became the head of the disaffected. Simon Montfort was defeated and killed in a battle with the royal army, but the measure he invented, that is, convening for "great councils", in addition to prelates and barons, also chivalry and townspeople, came into force, and Parliament in England has existed continuously for more than six centuries.

183. Structure of Parliament

The English Parliament was divided into two chambers: upper or chamber of peers(lords), and lower or house of commons. This division, which still exists today, finally took shape only in the middle of the 14th century, eighty years after the first parliament was convened. became members of the upper house bishops, abbots and major vassals of the king, of which each sat in it by virtue of his personal right, moreover, the title of secular lord began to pass by inheritance to the eldest son. The lower house was formed from elected representatives from both petty royal vassals and knights, i.e. subvassals, and from the free population of the counties and cities. In the counties (shares), representatives were chosen at meetings that existed even earlier for various local affairs and for the court, and here it happened the merging of petty feudal lords with the rest of the free population. The House of Commons became chamber of all estates, and in this the English parliament from the very beginning began to differ from other similar assemblies that arose about the same time in various states of the West, where each estate sat separately. (And the higher clergy and the higher nobility sat together in the upper chamber).

In the modern world, almost every state has its own parliament, which is necessary to express the interests of different sections of society. This system was one of the first to appear in medieval England.

The struggle of kings and feudal lords

In the 13th century, the island kingdom often suffered from civil wars and conflicts. One of the reasons for this disorder was the struggle between the royal power and the feudal estate. The barons and lords wanted to increase their influence on the state in order to take part in the government of the country.

Even under King John the Landless (reigned in 1199-1216), in 1215, this document appeared with the participation of barons who wanted to obtain new legal rights and protect their own privileges. The date of the emergence of the English parliament is closely connected with the charter, which was only the "first sign" in the long process of strengthening the feudal system in the state.

Henry III

John's son, Henry III, took the throne in 1216 as a child. A regency council ruled for him. Growing up, Henry began to pursue a tough policy aimed at strengthening royal power. The barons and other feudal lords, accustomed to the order of things enshrined in the Magna Carta, were extremely dissatisfied with the behavior of the monarch.

In addition, Henry III surrounded himself with foreigners, including the French, who were not tolerated in London. This behavior led to a deterioration in relations between him and his own nobility. The only arbiter in this conflict could be the Pope, the spiritual father of all Christians. With his cooperation, Henry promised the barons that he would abide by the terms of his father's Magna Carta, and also agreed to establish a parliament where representatives of the aristocracy would sit. So, in 1258, the Oxford agreements were concluded.

According to this document, the formation of the English Parliament was to take place. The date of this event was not specified in writing, but the king promised that he would appear in the very near future. But very soon the Pope released the monarch from his promises. Henry needed money to wage wars against France and Wales. So he began raising taxes, breaking his promises made under the Magna Carta.

Baronial rebellion

In 1263, the barons, dissatisfied with the decisions of the king, declared war on him. This group was led by Simon de Montfort. After the battle of Lewes, Henry III, along with his son Edward, was taken prisoner. The victorious aristocrats convened a representative body in 1265. This was the date of the birth of the English Parliament. The meetings were held in

The date of the emergence of the English Parliament was marked by the fact that deputies from various classes gathered in the new representative body: not only the higher clergy and knights, but also the urban population. The deputies were also divided according to the territorial principle. When the date of the emergence of the English Parliament came, representatives of all the cities of the country went to. At the same time, London and five other important ports each had four representatives. Other cities sent two people each. This system, adopted in the thirteenth century, proved to be the germ of modern

Emergence of Parliament

Simon de Montfort came to power in the country. It was he who became the man who made possible the emergence of the English Parliament. The date of this event coincided with the time of the strengthening of his influence in the state. However, already in the spring of 1265, the legitimate heir Edward escaped from captivity. He gathered a loyal army around him, with which he tried to return the throne to his father Henry III. Because of this, the beginning of the process of the emergence of the English Parliament was in the shadow of a new

On August 4, at the Battle of Evesham, the rebellious barons were defeated, and Simon de Montfort died. Henry III came to power again. However, the process of the emergence of the English Parliament has already ended, and the monarch decided not to abandon this authority. With this king and his son, he did not pose a threat to the rule of the dynasty.

Significance of Parliament

The emergence of the English Parliament (date - 1265) played an important role in Now the inhabitants of various cities sent their representatives to the capital, who could directly inform the supreme authority about the problems of ordinary people. Therefore, in Great Britain, every citizen knows when the English Parliament came into being. The date of this event is celebrated annually in the country.

In 1295, Parliament began to convene according to new rules, which have remained virtually unchanged to this day. Representatives from every county now appeared in the House. The date of the foundation of the English Parliament (the year 1265) was one of those dates, thanks to which civil society was able to achieve recognition of its rights by the supreme royal authority.

Functions of Parliament

The most important function of this assembly was to determine the amount of taxes. In addition, its deputies could send petitions addressed to the king. All this became possible only after these innovations took place (the date of the emergence of the English Parliament was already indicated in the text). The history of this institute is very rich. Deputies in different eras became the spokesmen for popular dissatisfaction with the authorities.

Since the 15th century, parliament has acquired the right to pass laws, which also had to be approved by the king. The interaction of these two branches of government made it possible to obtain the balance of interests, thanks to which today the UK has one of the most stable political systems in the world. It was in parliament that a new form of lawmaking appeared - billy. They were drawn up by deputies who coordinated the interests of different sections of English society.