PUBLIC LAW - Essay Example

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PUBLIC LAW

While the primacy of the Commons was originally derived from its electoral mandate, it continuing relevance is furthered by its functions and roles. The Government cannot govern without the support of the Commons because it has final say on legislation. As the Royal Commission chaired by Lord Wakeham emphasised, "The House of Commons, as the principal political forum, should have the final say in respect of all major public policy issues" and "it would be wrong to restore the fully bicameral nature of the pre-1911 Parliament."3 The primary role played by the Commons rests on several factors. First, its mandate as the direct representatives of the people means that it has greater democratic legitimacy than the Lords. The Commons' power to grant or withhold supply (public expenditure) is the source of its ability to uphold or dismiss the Government. Without the Commons' consent, the Government cannot function because the Commons approves expenditure. It is thus undesirable for the reformed Lords to undermine this primacy. Changes in the Lords composition might lead to this undesirable outcome.4 The Lords cannot have the same power of public expenditure because there must only be a single route through which the Government secures its authority to govern. ...Show more

Summary

The call for reforms in the House of Lords (the "Lords") has always provoked intense debate and policy initiatives that spans for over 100 years. The paper outlines some of the proposals with a set of principles underlying the process: the primacy of the House of Commons (the "Commons"), complementarity, legitimacy, no dominant party, a non party-political element, diverse representation, and continuity…
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PUBLIC LAW Essay essay example
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