Prof. Bruno PierriProf. Bruno PierriLingua IngleseLingua Inglese

First Hour: The British ParliamentFirst Hour: The British Parliament

Second Hour: United States CongressSecond Hour: United States Congress

December 10th, 2009December 10th, 2009

Historical RootsHistorical Roots XI century: King’s Council XI century: King’s Council

“Witans”: barons and “Witans”: barons and archbishops to discuss archbishops to discuss taxation and judgment taxation and judgment

1265: first elected 1265: first elected Parliament. Parliament. Land Land Franchise Franchise

XIV Century: Two HousesXIV Century: Two HousesA) nobility and higher clergy A) nobility and higher clergy

(House of Lords)(House of Lords)B) knights and burgesses B) knights and burgesses

(freemen of a borough) – (freemen of a borough) – House of CommonsHouse of Commons

No law or tax without No law or tax without consent of both Housesconsent of both Houses

1536: Wales first 1536: Wales first represented in Commons represented in Commons

1707 Act of Union: 1707 Act of Union: Unification of Scottish Unification of Scottish and English Parliaments and English Parliaments

1801 Act of Union with 1801 Act of Union with Ireland Ireland

FranchiseFranchise At first all freemen, that is those who were not serfs, had the At first all freemen, that is those who were not serfs, had the

right to voteright to vote The 40 shilling franchise:The 40 shilling franchise:- Rules were changed in 1429 when it was decreed that only Rules were changed in 1429 when it was decreed that only

freemen who owned freehold land (that is, not freemen who owned freehold land (that is, not lleased from the eased from the land's owner) worth 40 shillings were allowed to vote land's owner) worth 40 shillings were allowed to vote

Franchise comes from Old French Franchise comes from Old French franchisefranchise, from , from franchefranche, , feminine of feminine of francfranc, meaning "free" or "exempt" , meaning "free" or "exempt"

Franchising (trade affiliation):Franchising (trade affiliation):A)A) Collaboration among entrepreneurs to distribute goods and Collaboration among entrepreneurs to distribute goods and

services. If you want to give birth to business without starting services. If you want to give birth to business without starting from zero, you can affiliate your company to an already from zero, you can affiliate your company to an already successful brand. On one hand there is a firm already well successful brand. On one hand there is a firm already well established in the market (established in the market (franchisorfranchisor), on the other hand there is ), on the other hand there is a company, or person, starting activity (a company, or person, starting activity (franchiseefranchisee) )

B)B) The franchisor gives the franchisee the freedom (Franchise) to The franchisor gives the franchisee the freedom (Franchise) to trade its own goods under the former’s label, beside technical trade its own goods under the former’s label, beside technical assistance and consultancyassistance and consultancy

C)C) Usually the franchisee gives the franchisor a percentage of its Usually the franchisee gives the franchisor a percentage of its budget (royalty)budget (royalty)

ImpeachmentImpeachment Good ParliamentGood Parliament The Parliament of 1376 was called the Good The Parliament of 1376 was called the Good

Parliament. The Commons prosecuted some of the Parliament. The Commons prosecuted some of the King's corrupt ministers, a process known as King's corrupt ministers, a process known as impeachment impeachment

Wonderful ParliamentWonderful Parliament In the Parliament of 1386 the Commons forced In the Parliament of 1386 the Commons forced

Richard II to dismiss his Lord Chancellor (Minister Richard II to dismiss his Lord Chancellor (Minister of Justice)of Justice)

Merciless ParliamentMerciless Parliament In 1388 the Merciless Parliament condemned to In 1388 the Merciless Parliament condemned to

death the former Lord Chancellor and in 1399 death the former Lord Chancellor and in 1399 Parliament deposed Richard II by trial and processParliament deposed Richard II by trial and process

Parliament and taxationParliament and taxationParliament developed in 13th and 14th Parliament developed in 13th and 14th

centuries largely through the desire of centuries largely through the desire of Edward I and his successors to wage warEdward I and his successors to wage war

They had to levy "extraordinary" taxes to They had to levy "extraordinary" taxes to raise the fundsraise the funds

Each time the King requested assent to a Each time the King requested assent to a tax from Parliament, this could ask a favour tax from Parliament, this could ask a favour backback

1911 Parliament Act1911 Parliament Act Maximum duration of Parliament 5 years Maximum duration of Parliament 5 years Removal of right of veto for Lords to any public Removal of right of veto for Lords to any public

legislation approved by Commonslegislation approved by Commons Lords maximum legislative delay of one month Lords maximum legislative delay of one month

for money bills (taxation) and two years for for money bills (taxation) and two years for other types of bill other types of bill

1949 Parliament Act1949 Parliament ActAbolition of University and Enterprise seats Abolition of University and Enterprise seats

(one man, one vote)(one man, one vote) Any bill passed in Commons may be Any bill passed in Commons may be

delayed only for one year by Lordsdelayed only for one year by Lords

Bill vs ActBill vs Act

A Bill is a proposal for a new law, or a A Bill is a proposal for a new law, or a proposal to change an existing law, proposal to change an existing law, presented for debate before Parliamentpresented for debate before Parliament

A Bill can start in the Commons or the A Bill can start in the Commons or the Lords and must be approved in the same Lords and must be approved in the same form by both Housesform by both Houses

Once approved, the Bill becomes an Act of Once approved, the Bill becomes an Act of Parliament (Law)Parliament (Law)

Royal Assent Royal Assent

Monarch's agreement to make a Bill into an Act of Monarch's agreement to make a Bill into an Act of ParliamentParliament

The Monarch actually has the right to refuse Royal The Monarch actually has the right to refuse Royal Assent but nowadays this does not happenAssent but nowadays this does not happen

Royal Assent formula is in Norman French (Royal Assent formula is in Norman French (La La Reyne le veultReyne le veult) )

Two-House SystemTwo-House System House of Commons (Lower House of Commons (Lower

House publicly elected. 646 House publicly elected. 646 seats each representing a seats each representing a costituency (650 at next costituency (650 at next general election - 2010) general election - 2010)

Main Functions: Main Functions: - Law-making Law-making - Raising and spending public Raising and spending public

money (Govt takes key money (Govt takes key decisions, but Commons decisions, but Commons permission needed)permission needed)

- Scrutiny: Opposition Scrutiny: Opposition challenges Govt and is also challenges Govt and is also shadow Govtshadow Govt

House of Lords (Upper House) House of Lords (Upper House) mostly appointed by Monarch, mostly appointed by Monarch, some elected internally and some elected internally and some bishops and archbishops some bishops and archbishops of Church of England. Since July of Church of England. Since July 2008 746 members2008 746 members

Lords Spiritual/Lords TemporalLords Spiritual/Lords Temporal Highest Court: Supreme Court of Highest Court: Supreme Court of

Appeal. Group of salaried judges Appeal. Group of salaried judges (Law Lords) carries out this job (Law Lords) carries out this job

Main Functions: Main Functions: - Consideration and revision of Consideration and revision of

Bills from Commons Bills from Commons - Initiation of non-controversial Initiation of non-controversial

legislationlegislation- General debates General debates

Position of MPs/PeersPosition of MPs/Peers House of Commons: House of Commons:

rectangular shape, Govt and rectangular shape, Govt and Opposition face each otherOpposition face each other

Govt on right of Govt on right of Speaker,Official Opposition Speaker,Official Opposition and other parties to the leftand other parties to the left

Govt and Shadow Govt Govt and Shadow Govt members on front benches members on front benches (front-benchers). Junior MPs (front-benchers). Junior MPs on back benches (back-on back benches (back-benchers)benchers)

Crossing the floor: MPs can Crossing the floor: MPs can change party at any time. In change party at any time. In this case they cross the floor this case they cross the floor to the other sideto the other side

House of Lords: Govt and House of Lords: Govt and Opposition face each otherOpposition face each other

Govt and Bishops on right Govt and Bishops on right of Lord Speaker. of Lord Speaker. Opposition parties on leftOpposition parties on left

Independent Peers Independent Peers (Crossbench Peers) on (Crossbench Peers) on benches crossing Chamberbenches crossing Chamber

DebatesDebatesFormal discussion on Bill or issue of Formal discussion on Bill or issue of

topic importance (90 minutes)topic importance (90 minutes)MP introduces subject - moving a motionMP introduces subject - moving a motionSpeaker in Commons or Lord Speaker Speaker in Commons or Lord Speaker

repeats terms of motion repeats terms of motion Motion debatedMotion debatedDecision taken, if necessary by voting Decision taken, if necessary by voting

(division)(division)

The Speaker of the House of CommonsThe Speaker of the House of Commons MP elected by other MPs: Politically impartial at MP elected by other MPs: Politically impartial at

all times all times Speaker does not take part in debate or votes, Speaker does not take part in debate or votes,

except to break ties (casting vote) except to break ties (casting vote) Casting vote: Speaker may vote as he or she Casting vote: Speaker may vote as he or she

pleases, but in practice votes to give the House pleases, but in practice votes to give the House further opportunity to debatefurther opportunity to debate

Speaker must resign from party and remain Speaker must resign from party and remain separate from political issues even after separate from political issues even after retirement, but will deal with constituency’s retirement, but will deal with constituency’s problems like normal MP problems like normal MP

Speakers stand in general elections, unopposed Speakers stand in general elections, unopposed by major parties. They do not campaign on by major parties. They do not campaign on political issues, but only stand as “Speaker political issues, but only stand as “Speaker seeking re-election”seeking re-election”

The WhipThe Whip MP or Peer appointed by each party to make sure MP or Peer appointed by each party to make sure

maximum number of Members votes according to maximum number of Members votes according to party wants party wants

18th century fox hunting terminology referring to 18th century fox hunting terminology referring to person who drives dogs back to main pack using a person who drives dogs back to main pack using a whipwhip

Whips send out circular (called 'The Whip') detailing Whips send out circular (called 'The Whip') detailing upcoming parliamentary business. Special attention to upcoming parliamentary business. Special attention to divisions. Important divisions underlined three times divisions. Important divisions underlined three times

Defying three-line whip has occasionally resulted in Defying three-line whip has occasionally resulted in expulsion from party expulsion from party

Whip could resort to mixture of threats, blackmail and Whip could resort to mixture of threats, blackmail and extortion to force unpopular vote extortion to force unpopular vote

For a minister, consequences for defying party whip For a minister, consequences for defying party whip are absolute: they are dismissed immediatelyare absolute: they are dismissed immediately