https://www.whitehouse.

gov/about-the-white-house/the-legislative-branch/#:~:text=Established%20by
%20Article%20I%20of,form%20the%20United%20States%20Congress.&text=The%20Senate%20is
%20composed%20of%20100%20Senators%2C%202%20for%20each%20state.

Established by Article I of the Constitution, the Legislative Branch consists of the House of
Representatives and the Senate, which together form the United States Congress. The
Constitution grants Congress the sole authority to enact legislation and declare war, the right to
confirm or reject many Presidential appointments, and substantial investigative powers.

The House of Representatives is made up of 435 elected members, divided among the 50 states
in proportion to their total population. In addition, there are 6 non-voting members, representing
the District of Columbia, the Commonwealth of Puerto Rico, and four other territories of the
United States. The presiding officer of the chamber is the Speaker of the House, elected by the
Representatives. He or she is third in the line of succession to the Presidency.

Members of the House are elected every two years and must be 25 years of age, a U.S. citizen
for at least seven years, and a resident of the state (but not necessarily the district) they represent.

The House has several powers assigned exclusively to it, including the power to initiate revenue
bills, impeach federal officials, and elect the President in the case of an electoral college tie.

The Senate is composed of 100 Senators, 2 for each state. Until the ratification of the 17th
Amendment in 1913, Senators were chosen by state legislatures, not by popular vote. Since then,
they have been elected to six-year terms by the people of each state. Senator’s terms are
staggered so that about one-third of the Senate is up for reelection every two years. Senators
must be 30 years of age, U.S. citizens for at least nine years, and residents of the state they
represent.

The Vice President of the United States serves as President of the Senate and may cast the
decisive vote in the event of a tie in the Senate.

The Senate has the sole power to confirm those of the President’s appointments that require
consent, and to ratify treaties. There are, however, two exceptions to this rule: the House must
also approve appointments to the Vice Presidency and any treaty that involves foreign trade. The
Senate also tries impeachment cases for federal officials referred to it by the House.

In order to pass legislation and send it to the President for his signature, both the House and the
Senate must pass the same bill by majority vote. If the President vetoes a bill, they may override
his veto by passing the bill again in each chamber with at least two-thirds of each body voting in
favor.

The Legislative Process

The first step in the legislative process is the introduction of a bill to Congress. Anyone can write
it, but only members of Congress can introduce legislation. Some important bills are traditionally
introduced at the request of the President, such as the annual federal budget. During the
legislative process, however, the initial bill can undergo drastic changes.
After being introduced, a bill is referred to the appropriate committee for review. There are 17
Senate committees, with 70 subcommittees, and 23 House committees, with 104 subcommittees.
The committees are not set in stone, but change in number and form with each new Congress as
required for the efficient consideration of legislation. Each committee oversees a specific policy
area, and the subcommittees take on more specialized policy areas. For example, the House
Committee on Ways and Means includes subcommittees on Social Security and Trade.

A bill is first considered in a subcommittee, where it may be accepted, amended, or rejected

entirely. If the members of the subcommittee agree to move a bill forward, it is reported to the
full committee, where the process is repeated again. Throughout this stage of the process, the
committees and subcommittees call hearings to investigate the merits and flaws of the bill. They
invite experts, advocates, and opponents to appear before the committee and provide testimony,
and can compel people to appear using subpoena power if necessary.

If the full committee votes to approve the bill, it is reported to the floor of the House or Senate,
and the majority party leadership decides when to place the bill on the calendar for
consideration. If a bill is particularly pressing, it may be considered right away. Others may wait
for months or never be scheduled at all.

When the bill comes up for consideration, the House has a very structured debate process. Each
member who wishes to speak only has a few minutes, and the number and kind of amendments
are usually limited. In the Senate, debate on most bills is unlimited — Senators may speak to
issues other than the bill under consideration during their speeches, and any amendment can be
introduced. Senators can use this to filibuster bills under consideration, a procedure by which a
Senator delays a vote on a bill — and by extension its passage — by refusing to stand down. A
supermajority of 60 Senators can break a filibuster by invoking cloture, or the cession of debate
on the bill, and forcing a vote. Once debate is over, the votes of a simple majority passes the bill.

A bill must pass both houses of Congress before it goes to the President for consideration.
Though the Constitution requires that the two bills have the exact same wording, this rarely
happens in practice. To bring the bills into alignment, a Conference Committee is convened,
consisting of members from both chambers. The members of the committee produce a
conference report, intended as the final version of the bill. Each chamber then votes again to
approve the conference report. Depending on where the bill originated, the final text is then
enrolled by either the Clerk of the House or the Secretary of the Senate, and presented to the
Speaker of the House and the President of the Senate for their signatures. The bill is then sent to
the President.

When receiving a bill from Congress, the President has several options. If the President agrees
substantially with the bill, he or she may sign it into law, and the bill is then printed in the
Statutes at Large. If the President believes the law to be bad policy, he may veto it and send it
back to Congress. Congress may override the veto with a two-thirds vote of each chamber, at
which point the bill becomes law and is printed.

There are two other options that the President may exercise. If Congress is in session and the
President takes no action within 10 days, the bill becomes law. If Congress adjourns before 10
days are up and the President takes no action, then the bill dies and Congress may not vote to
override. This is called a pocket veto, and if Congress still wants to pass the legislation, they
must begin the entire process anew.
Powers of Congress

Congress, as one of the three coequal branches of government, is ascribed significant powers by
the Constitution. All legislative power in the government is vested in Congress, meaning that it is
the only part of the government that can make new laws or change existing laws. Executive
Branch agencies issue regulations with the full force of law, but these are only under the
authority of laws enacted by Congress. The President may veto bills Congress passes, but
Congress may also override a veto by a two-thirds vote in both the Senate and the House of
Representatives.

Article I of the Constitution enumerates the powers of Congress and the specific areas in which it
may legislate. Congress is also empowered to enact laws deemed “necessary and proper” for the
execution of the powers given to any part of the government under the Constitution.

Part of Congress’s exercise of legislative authority is the establishment of an annual budget for
the government. To this end, Congress levies taxes and tariffs to provide funding for essential
government services. If enough money cannot be raised to fund the government, then Congress
may also authorize borrowing to make up the difference. Congress can also mandate spending on
specific items: legislatively directed spending, commonly known as “earmarks,” specifies funds
for a particular project, rather than for a government agency.

Both chambers of Congress have extensive investigative powers, and may compel the production
of evidence or testimony toward whatever end they deem necessary. Members of Congress
spend much of their time holding hearings and investigations in committee. Refusal to cooperate
with a Congressional subpoena can result in charges of contempt of Congress, which could result
in a prison term.
The Senate maintains several powers to itself: It ratifies treaties by a two-thirds supermajority
vote and confirms the appointments of the President by a majority vote. The consent of the
House of Representatives is also necessary for the ratification of trade agreements and the
confirmation of the Vice President.
Congress also holds the sole power to declare war.

Government Oversight

Oversight of the executive branch is an important Congressional check on the President’s power
and a balance against his discretion in implementing laws and making regulations.

A major way that Congress conducts oversight is through hearings. The House Committee on
Oversight and Government Reform and the Senate Committee on Homeland Security and
Government Affairs are both devoted to overseeing and reforming government operations, and
each committee conducts oversight in its policy area.

Congress also maintains an investigative organization, the Government Accountability Office

(GAO). Founded in 1921 as the General Accounting Office, its original mission was to audit the
budgets and financial statements sent to Congress by the Secretary of the Treasury and the
Director of the Office of Management and Budget. Today, the GAO audits and generates reports
on every aspect of the government, ensuring that taxpayer dollars are spent with the effectiveness
and efficiency that the American people deserve.
The executive branch also polices itself: Sixty-four Inspectors General, each responsible for a
different agency, regularly audit and report on the agencies to which they are attached.

https://www.loc.gov/law/help/national-parliaments/unitedkingdom.php#:~:text=The%20UK%20has
%20a%20bicameral,issues%20and%20votes%20upon%20bills.&text=If%20both%20Houses%20agree
%2C%20the,Royal%20Assent%20and%20becomes%20law.

Summary
The United Kingdom’s Parliament took centuries to develop into the institution that it is today, and its role continues to evolve. 
Created initially as a way to allow the Crown to collect taxes from his or her subjects, the powers of Parliament gradually
expanded to supplement and then act on behalf of the Crown in almost all areas.  Parliament has met at Westminster, in London,
for centuries.
The electoral process is heavily regulated by legislation and the “first past the post” system was recently affirmed by a national
referendum.  The frequency that Parliament must call elections was recently affirmed in statute as being every five years. 
I.  Background
The United Kingdom of Great Britain and Northern Ireland (UK) is the collective name of four countries—England, Wales,
Scotland, and Northern Ireland.  The four separate countries were united under a single Parliament in London, known as the
Parliament at Westminster, through a series of Acts of Union.[1]  The UK has undergone a period of devolution over the past
twenty years with the creation of a Scottish Parliament, a National Assembly in Wales, and an Assembly in Northern Ireland.
The UK does not have a formal written constitution; thus, there is no provision that specifically allocates responsibilities and
powers to the legislative or executive branches.  Instead, the distribution of responsibilities is governed by long-established
custom and conventions.  It is customary law that the Crown, as the head of state, acts on the advice of the relevant Ministers.[2] 
A.  Establishment Of The Legislature
The year 2015 marked the 750th anniversary of the Parliament that was summoned by the baronial leader Simon De Montfort in
1265.[3]  While this was not the first Parliament seen in England, as “there is no date that marks the exact beginning of
parliament,”[4] this Parliament is seen as the prototype for Parliament as we know it today,[5] in that it included representatives
from counties and towns across England, demonstrating to the King that he could no longer make decisions for the entire country
without input from a wide group of people. [6] 
B.  General History and Development
The Magna Carta of 1215 limited the methods by which the King could collect monies, and this limitation on money-collection
methods was reaffirmed by the Magna Cartas issued in 1216 and 1217.  This limitation forced the King to turn to taxation, which
required the consent of his subjects.  In 1265, King Henry III was held captive and a revolutionary regime headed by Simon de
Montford confirmed the Magna Carta in a Parliament comprised of elected knights and townsmen.[7]  The Magna Carta was
confirmed again by Edward I, Henry II’s son, in the Parliaments of 1297 and 1300.[8]  
The centuries that followed involved power struggles between the Crown (the King—see Part II, below) and Parliament.  In the
year 1376, the Parliament known as “The Good Parliament” showed for the first time that it had the potential to limit the powers
of the Crown by prosecuting royal officials through a newly created procedure of impeachment.[9]
The sixteenth century saw the Reformation, where King Henry VIII rejected the Catholic Church and established a national,
royal church, later to become known as the Church of England, which served to enhance the standing of Parliament.[10] 
Parliament was still summoned primarily to provide the King with the ability to tax his subjects, the revenues from which were
commonly used to conduct wars.[11] 
By the early seventeenth century, Parliament had become a prominent part of the political landscape, which led to confrontations
between the King and leading Members of Parliament[12] and the outbreak of two civil wars, the latter resulting in the beheading
of King Charles I on January 3, 1649.[13]  The period 1649–60 was known as the Interregnum, when England was ruled as a
Republican nation.  Power was vested mainly in the “Rump Parliament,” which abolished both the House of Lords and the
Monarchy.  In 1653, Oliver Cromwell forcibly dissolved the Rump Parliament, and army commanders appointed 140 members to
a new assembly, known as the “Barebones Parliament.”  This Parliament appointed Cromwell as Lord Protector of England,
Scotland, and Ireland.  The Protectorate Parliament succeeded the Barebones Parliament; however, it was not a success and
paved the way to military rule, which was extremely unpopular.  The Rump Parliament was later reinstated and, voted that the
government should be led by a king, returned Charles II, the son of Charles I, to the throne.[14]  The return from republican state
to monarchy became known as the Restoration.  Charles II called few Parliaments and was succeeded by James II.  James II was
unpopular and was eventually overthrown by Prince William of Orange, the leader of the Dutch Republic.  With William’s
consent, a new Parliament was called in 1689 and offered the Crown to William and his wife, Mary.[15]
The Act of Union of 1707[16] united the country of Scotland with England and Wales to form the country of Great Britain.  This
Act was followed almost one hundred years later by the Act of Union 1801, which united the entire country of Ireland with Great
Britain.[17]  Later, the majority of Ireland would become an independent country,[18] leaving a small section of the north,
known as Northern Ireland, as part of Great Britain, to form the United Kingdom of Great Britain and Northern Ireland.  
The government continued to evolve over the next three centuries, and its powers steadily expanded while the powers of the
Crown were diminished, to the extent that, today, the role of the Monarch is largely ceremonial.
C.  Moving Parliament
The British Houses of Parliament are located at the Palace of Westminster.  Members of the House of Lords and the House of
Commons sit in separate chambers within the building.  Parliament is assembled by a writ of summons from the Crown that
names the day and place of the meeting, which has traditionally been at the Palace of Westminster.[19]
There are no specific laws that grant or deny Parliament the authority to continue its responsibilities if it cannot meet due to some
event or emergency situation, although decisions can be taken only with a quorum of forty.[20]  Despite this restriction, the
number of House Members present cannot formally be counted;[21] however, there are a number of ways a quorum can be
ascertained, notably through a division.[22]  If a quorum is not met, the business before the House stands over to another sitting,
and the House proceeds to the next item of business.[23] 
There was a confidential plan for the evacuation of Parliament to a secret location (later revealed as Stratford-upon-Avon) prior
to the commencement of World War II, although this plan was never used.[24]  During the war, Parliament was forced to
convene outside of its traditional setting after the chambers of the House of Commons were destroyed during an air raid.  Until it
was rebuilt in 1950, the House of Commons sat at Church Road House, which was made an annex of Westminster.  This
adjustment resulted in the meeting place of the House remaining technically unchanged.[25]  The House of Lords made its
chambers available for use by the House of Commons and moved its sittings to the King’s Robing Room.  For the remainder of
the war years there was a ban on disclosing the location of Parliament.[26]
Back to Top
II.  Constitutional Status and Role
The UK is a constitutional monarchy.  The Crown is the Head of State and has legal powers, although these are now largely
ceremonial.  The Crown must act upon the advice of its Ministers, who form the executive and are appointed by the Prime
Minister.  Ministers are typically elected Members of Parliament and thus are required to answer for their actions in Parliament.
[27]  The term “Crown” often refers interchangeably to either the Monarch or executive, although as the powers of the Monarch
have been drastically reduced, the term is used primarily to refer to the executive branch of the government, which is deemed to
act on the Monarch’s behalf. 
Back to Top
III.  Structure and Composition
The UK has a bicameral Parliament consisting of the House of Lords (the Upper House composed of both hereditary and life
peers[28]) and the House of Commons (the elected Lower House).  The legislature debates issues and votes upon bills.  A bill is
generally first debated in the House of Commons and, if passed by a majority vote, continues to the House of Lords, which
debates it and recommends changes or amendments.  The bill then passes back to the House of Commons, which considers any
amendments.  If both Houses agree, the bill receives Royal Assent and becomes law. 
There are currently 650 Members of the House of Commons and 790 Members of the House of Lords who are eligible to sit.[29] 
The number of Members of the House of Commons has varied, and section 11 of the Parliamentary Voting System and
Constituencies Act 2011 reduces the number of Members to six hundred, although this provision has yet to come into effect.[30]
The major parties within the UK, in order of seats won in the 2015 election, are the Conservative party, the Labour Party, the
Scottish National Party, the Liberal Democrats, the UK Independence Party, the Green Party, the Democratic Unionist Party,
Plaid Cymru (the Party of Wales), Sinn Fein, the Ulster Unionist Party, and the Independent Party.[31]  There are a number of
smaller parties, such as the Monster Raving Looney Party, but these are niche parties that are often not represented in Parliament.
As there are 650 seats in Parliament, 326 seats are needed to obtain a majority of the House.  The party that gets the majority of
votes goes on to form the government.

A.  Committees
There are numerous parliamentary committees that discuss the reform or creation of new laws and policies and are pivotal to the
development of new legislation.  The committees generally consist of between ten to fifty Members of Parliament who examine
government expenditure, policy, and laws in detail, and make recommendations and proposals regarding steps that should be
taken to correct any issues.[32]  There are Joint Committees, which consist of Members of both Houses—the Commons and the
Lords.  General Committees work within the Commons and consider proposed legislation.  These General Committees include
those that used to be known as Standing Committees.  There are three Grand Committees that consider questions on Scotland,
Wales and Northern Ireland.[33]
B.  Leadership and Whips in the House of Commons
The House of Commons is led by the Speaker of the House, who is responsible for chairing and leading debates, and keeping
order in the Commons.  This is the highest role within the House of Commons, and the Speaker of the House must remain
impartial.[34]
Parliamentary Whips serve a number of important roles in Parliament.  They work to get the government’s business through
Parliament, by securing majority votes on the government’s legislative policy and programs.[35]  The Chief Whip also has an
advisory role, informing the Cabinet about the “acceptability of its legislative proposals to the parliamentary party.”[36]  The
Chief Whip must also work to set out the schedule for the government’s program of business[37]  and is directly responsible to
both the Prime Minister and the Leader of the House.  The Chief Whip must also liaise with Ministers regarding parliamentary
business that affects their departments.[38]
IV.  Elections
Parliamentary elections were first introduced in medieval England as a solution from the Crown, who was required to obtain
consent from Parliament to directly tax his subjects.[39]  These elections evolved over time to have a detailed set of rules and
procedures that continue to be refined today.  
National elections are known as General Parliamentary Elections.[40]  The Fixed Term Parliaments Act 2011 established five-
year fixed-term Parliaments, with the election occurring on the first Thursday of May, five years after the last election was held.
[41]  The political party that wins the most seats during this election goes on to form the government.   
 A principle of the British system of government is that the government of the day must have the confidence of the House of
Commons.  As noted above, the government is formed by the party that wins the majority of seats during the general election.  A
“hung Parliament” results when no party wins a majority during the election.  A report from the House of Commons states that
“there are four likely outcomes.  These [are] . . . (a) a minority government; (b) a coalition; (c) a failure to produce a government
at all; or (d) two or more of these things during the lifetime of a parliament.”[42]   A hung Parliament occurred during the 2010
election, and the Conservative Party and Liberal Democrats went on to form a coalition government.[43]
Prior to the Fixed Term Parliaments Act 2011, the maximum duration of a Parliament was five years, at which point Parliament
automatically expired.[44]  This rarely happened, however, and elections would generally occur after Parliament was dissolved,
either through Royal Proclamation[45] or upon the advice of the Prime Minister.[46]  The effect of the Proclamation was to
vacate all the seats in the House of Commons and require a general election for the Commons.  Because there was no set
timetable for when an election should be held, other than it should occur within the five-year maximum term of Parliament, the
Prime Minister had a political and tactical advantage of deciding the date of the general election, although generally the election
was announced in the spring in which the Parliament was due to expire. 
The last general election was held on May 7, 2015, and the Conservative party won 330 seats, accounting for 36.9% of votes. 
This secured a majority in the House for the Conservatives by twelve seats, the first time this party has secured a majority
government since 1992.  The next election will occur in accordance with the requirements established by the Fixed Term
Parliaments Act 2011, and will take place the first Thursday in May 2020.[47]
A.  Electoral System
In the UK, the electoral system used is that of a simple majority (plurality) for each constituency, more commonly known as the
“first past the post” system.  The candidate who wins the largest number of votes from his or her constituency is to Parliament. 
The political party that wins the most votes goes on to form the government.  A referendum was held in 2011 in which voters
were asked if they wished to change the electoral system from the first past the post system to an alternative voting system. 
Voter turnout was higher than expected at 41%, with an overwhelming majority of 67.9% of voters rejecting a change in the
electoral system.[48]
Eligibility to vote in general elections in the UK is subject to a number of criteria.  Primarily, the individual wishing to vote must
be registered in the register of parliamentary electors for his or her relevant constituency.[49]  To be able to register his or her
name in the register of parliamentary electors, the individual must be a British subject, which includes Commonwealth citizens,
[50] or a citizen of the Republic of Ireland residing in Britain,[51] and be eighteen years or older.  A British citizen residing
overseas can vote for up to fifteen years after he or she leaves the country.[52]
Individuals who are disqualified from voting are Members of the House of Lords, legal or illegal immigrants, individuals of
unsound mind, individuals guilty of corrupt or illegal practices in elections, and prisoners detained while serving their sentence. 
This latter restriction is currently under review as a result of a successful challenge before the European Court of Justice,
although the current government has stated it has no plans to provide prisoners with a vote.[53]
B.  Electoral Districts
Electoral Districts in the UK are known as parliamentary constituencies, with each constituency electing one Member of
Parliament.  There are currently 650 constituencies in the UK, with the average population represented by a Member of
Parliament being 68,000.[54]  The breakdown of Members of Parliament representing the countries of the UK is as follows: 533
in England, 59 in Scotland, 40 in Wales, and 18 in Northern Ireland.[55]  The distribution of these seats is under continuous
review by four nondepartmental government bodies, known as the Boundary Commissions.  The Boundary Commissions
recommend changes to the boundaries of the constituencies they are responsible for reviewing to ensure that each Member of
Parliament represents a proportionate number of constituents who are eligible to vote.[56] 
C.  Registering to Vote
Provisions for the registration of voters in the UK are made through regulations under the Representation of the People Act 1983.
[57]  In the UK, local councils maintain voter registration lists (commonly known as the “electoral roll” or “electoral register”). 
The information held on the electoral roll is used for general elections, European Parliament elections, local government elections
and, depending upon the persons’ place of residence, elections to the National Assembly for Wales or the Scottish Parliament.
[58]
Voter registration is not automatic and requires positive action (registration) on behalf of the individual wishing to vote.  The
electoral roll is compiled from three main sources:

 An annual canvass conducted by the Local Council between August and November.  Voter registration forms are delivered to homes
in the Local Councils area.  Households are required by law to complete and return the form listing all their residents who are eligible
to vote on October 15 of that year.[59]  If the information on the form received by the household is accurate, registration can be
renewed by phone or the Internet.
 Rolling registration by individual voters, who can register at any time by completing a registration form and sending it to the local
electoral registration office.
 Online registration by individual voters, who can register at any time by completing and submitting an online registration form.[60]
The penalty for failing to complete the voter registration form or for providing false information is a fine of up to £1,000
(approximately US$1,500).[61]  Additionally, failure to register results in the individual not being able to vote in any election,
and also has a negative impact on his or her ability to obtain credit, as credit reporting agencies use the electoral roll to verify
names and addresses of credit applicants.[62]
The electoral register can be updated on a rolling basis with additions, deletions, or amendments.  Individuals who move out of
the voting district can submit a new voter registration form to be listed on the electoral register in their new district.  Applicants
must provide their old address so that the Electoral Registration Officer of the new district can notify the old district of the move.
[63]
D.  Voter Turnout
There were 45,325,100 UK parliamentary voters in 2014;[64] 66.1% of the electorate voted during the general election in 2015,
the highest turnout in eighteen years.[65]
E.  Replacing Members of Parliament
Once elected, Members of Parliament cannot directly resign their seat.[66]  The only way that a seat can be vacated is through
death, disqualification, dissolution, expulsion, or elevation to the Peerage.  When a parliamentary seat becomes vacant, a writ for
a by-election is issued.[67]  To prevent long-standing vacancies of seats, these writs are normally issued within three months of
the vacancy.[68]  If the vacancy occurs during a parliamentary recess, the Speaker of the House is permitted to issue a writ for
election during this time.[69]
There appears to be no legislation or procedure to replace a large number of MPs.  It is likely that the normal procedure for
appointing MPs through by-elections would be followed in these circumstances.  For example, in 1985, fifteen members of the
Unionist Party vacated their seats in protest over the Anglo-Irish Agreement.  As technically Members of Parliament are not
permitted to reign from their seats, a legal loophole was used by these members, whereby they were appointed to an office for
profit under the Crown, which disqualified them from sitting an am MP.   By-elections were subsequently held to fill
the vacancies.

During World War II, many seats were left vacant when MPs were involved in government services or became active members
of the armed forces.  The government formed a coalition in 1940 and agreed upon an electoral truce, during which the parties
agreed not to contest by-elections.  Instead, the local constituency association of the party that had won the seat in the last
election nominated a candidate.[70]  However, despite this agreement, some elections were still contested when parties
considered that the candidate was too radical.  
V.  Legislative Process
Legislative powers in England and Wales are vested in Parliament.  Like the US, the legislature is bicameral.  Passing an Act of
Parliament requires the consent of both Houses of Parliament—the House of Lords and House of Commons—and then the Act
must be given Royal Assent.[71]  There are many stages that a Bill must pass through in each house of Parliament before it will
receive Royal Assent and enter into law.  The various stages occur in each House.  The bill is first introduced and read and then
debated.  It then passes to the committee stage, where it is examined in depth.  Once the committee stage is completed, the bill
goes to the report stage and then back to be read and debated again before it is passed over to the other house, where this process
occurs again.
It is a principle that the supreme authority of the Queen in Parliament is sovereign, which means that Parliament alone has the
authority, with Royal Assent, to enact or repeal legislation.[72] 
Some argue that this sovereignty has been eroded as Parliament no longer has exclusive legislative control over many areas now
that the UK has joined the European Union (EU) and permits it to directly impose enforceable rights and obligations.[73]  In
addition, the courts have ruled that EU law has precedence over the national law of the UK when there are inconsistencies.[74] 
Despite a ruling from the House of Lords stating that it could not overturn an Act of Parliament and grant “rights directly
contrary to Parliament’s sovereign will,”[75] in cases where national law directly conflicts with obligations imposed by EU law,
the European Court of Justice has “affirmed . . . that a national court which, in a case concerning [European] Community law,
was precluded from granting interim relief by a rule of national law, must set aside that rule.”[76]
Private Members’ bills may also be put forward by Members of Parliament who are not Ministers.  These bills are afforded
significantly less time in Parliament for debate and discussion and, as a result, are rarely enacted, but they frequently serve to
raise awareness of an issue.[1]
VI.  Executive Branch
The Crown is the Head of State and has legal powers, although these are now largely ceremonial.  The Crown must act upon the
advice of its Ministers, who form the executive and are appointed by the Prime Minister.  Ministers are typically elected
Members of Parliament and thus are required to answer for their actions in Parliament.  The term “Crown” often refers
interchangeably to either the Monarch or executive; because the powers of the Monarch have been drastically reduced, however,
the term is primarily used to refer to the executive branch of the government, which is deemed to act on the Monarch’s behalf
and is responsible for policy making.  The actual role of the executive is not defined in legislation and, in response to a question
in the House of Commons calling on the Prime Minister to define his role, Prime Minister Tony Blair noted that the Prime
Minister’s roles “including the exercise of powers under the royal prerogative, have evolved over many years, drawing on
convention and usage, and it is not possible precisely to define them.”[1]
One of the most important powers vested in the executive is the power to send forces into armed conflict.  In Britain, this power
rests with the Prime Minister, who may technically exercise it without formal parliamentary approval.  The government has
recently conducted a public consultation on its powers to go to war and has stated that it

believes that the ability to exercise the prerogative power to deploy the armed forces without requiring any formal parliamentary
agreement is an outdated state of affairs in a modern democracy.  It has proposed that a detailed House of Commons resolution
should set out the processes Parliament should follow in order to approve any commitment of Armed Forces into armed conflict.
[1]
One major contrast with the US system of government is that the English courts can challenge the constitutionality of legislation
only with regard to its compatibility with EC law.  The incorporation of the European Convention on Human Rights into the
national law by the Human Rights Act 1998 gave British citizens a number of directly enforceable rights.[80]  However, owing
to the sovereignty of Parliament—the principle that Parliament is legislatively supreme and thus there are no legal restrictions on
the matters it may legislate—judges cannot strike down an Act of Parliament if it finds it to be unconstitutional or invalid, even if
they find it to be incompatible with the Human Rights Act.  When the House of Lords does declare an Act to be incompatible
with the Human Rights Act, the result is that Parliament must determine how to address the incompatibility.
The operation of this procedure substantially altered the relationship between the executive and judiciary, and initially caused
some friction, particularly with regard to the government’s robust antiterrorism legislation.  In 2004 the House of Lords declared
that the government’s system of “preventive detention” for terrorist suspects was not compatible with the European Convention
on Human Rights, resulting in a period of open hostility from members of the executive towards the judiciary, with the Secretary
of State reportedly claiming they were “fed up with having to deal with a situation where Parliament debates issues and judges
overturn them.”[81]  The Lord Chief Justice of England and Wales was allegedly referred to by a member of the executive as
being a “muddled and confused old codger.”[82]  In a statement that demonstrates a significant difference between the role of the
courts in the US and the UK, a member of the British executive claimed that “if public policy can always be overridden by
individual challenge through the courts, then democracy itself is under threat.” [83] The position of the principle of parliamentary
sovereignty was reiterated by the executive, which stated that “it is ultimately for Parliament to decide whether and how we
should amend the law.”[84]

Prepared by Clare Feikert-Ahalt

Senior Foreign Law Specialist
January 2016

Last Updated: 07/24/2020