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House of Lords

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House of Lords , the upper chamber of Great Britain ’s bicameral legislature . Originated in the 11th century, when the Anglo-Saxon kings consulted witans (councils) composed of religious leaders and the monarch’s ministers, it emerged as a distinct element of Parliament in the 13th and 14th centuries. It currently comprises the following elements: (1) the Lords Spiritual, including the archbishops of Canterbury and York and the bishops of Durham, London, and Winchester, as well as 21 other bishops holding sees in England; (2) from November 1999, 92 hereditary peers ; (3) from January 1980, all life peers and peeresses created under the Life Peerages Act of 1958. A fourth element, the Law Lords, consisting of the judges of the Supreme Court of Judicature (the Court of Appeal and the High Court of Justice ), acted as Britain’s final court of appeal (except for Scottish criminal cases) until 2009, when the Law Lords were abolished and the Supreme Court of the United Kingdom came into being. The total number of persons qualified to sit in the House of Lords is in excess of 670.

The powers of the modern House of Lords are extremely limited—necessarily so, since the permanent and substantial majority enjoyed there by the Conservative Party would otherwise be incompatible with the principles of representative government. The House of Lords’ powers are defined in the Parliament Act of 1911 and 1949. Under the 1911 act, all bills specified by the speaker of the House of Commons as money bills (involving taxation or expenditures) become law one month after being sent for consideration to the House of Lords, with or without the consent of that house. Under the 1949 act, all other public bills (except bills to extend the maximum duration of Parliament) not receiving the approval of the House of Lords become law provided that they are passed by two successive parliamentary sessions and that a period of one year has elapsed between the bill’s second reading in the first session and its third reading in the second session. On rare occasions the 1949 act has been used to pass controversial legislation lacking the Lords’ support—including the War Crimes Act of 1991, which enabled Britain to prosecute alleged war criminals who became British citizens or residents of Britain. A principal effect of the act has thus been to discourage the House of Lords from opposing bills strongly supported by the House of Commons. The Salisbury convention of 1945, which prevents the Lords from rejecting a bill at second reading (the principal stage at which parliamentary bills are debated) if it fulfills any pledge in the government’s election manifesto , has further constrained the Lords’ power.

Despite these limitations, the House of Lords plays a significant role in Parliament. Its most useful functions are the revision of bills that the House of Commons has not formulated in sufficient detail and the first hearing of noncontroversial bills that are then able, with a minimum of debate, to pass through the House of Commons. It is further argued by some observers that the House of Lords serves a valuable function by providing a national forum of debate free from the constraints of party discipline . Although the defeat of government legislation by the house has been relatively rare on major legislation, it sometimes does defy the government, especially Labour Party governments. For example, 230 pieces of legislation proposed by the Labour government of 1974–79 were defeated by the House of Lords.

In 1998 the Labour government of Tony Blair introduced legislation to deprive hereditary peers (by then numbering 750) of their 700-year-old right to sit and vote in the upper chamber. A compromise, however, allowed 92 of them—who were elected by their fellow peers—to remain as temporary members. The measure, which went into effect in late 1999, was seen as a prelude to wider reform, and in 2007 members of the House of Commons offered support for two separate proposals, one calling for the House of Lords to be 80-percent elected, the other 100-percent elected. The nonbinding vote was influential in forming the July 2008 White Paper put forward by Justice Secretary Jack Straw that outlined potential reforms. These included the reduction of the total number of lords, the complete severance of ties between the peerage and seats in Parliament, and an either 80- or 100-percent elected chamber consisting of lords serving nonrenewable 12- or 15-year terms. Future votes in both houses were required before any such restructuring of the House of Lords could occur.

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House of Lords

Last updated 22 Mar 2021

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The House of Lords is the upper house of Parliament (the Commons is the lower house) in the UK’s bicameral system. Parliament is the UK’s legislature – the branch of government responsible for making law. Members of the Lords are often referred to as peers.

At the time of writing, the Lords contains nearly 850 peers, 783 of whom are able to vote (because some peers are retired, some on leave of absence, and some can’t vote as they are serving judges).

Up until 1999, the Lords was a largely hereditary chamber, with peers inheriting their titles. The 1997 Labour government pledged to remove hereditary peers but to ease the legislation’s passage the Lords was instead allowed to elect 92 peers from amongst the hereditaries. So 11% of peers are hereditary.

86% of peers are ‘Life peers’, who hold their titles for their own lifetimes, but can’t pass it on to their offspring. The Prime Minister has the power of patronage, in that he can fill a position with friends and allies, although an Independent Appointments Commission scrutinises these nominees for propriety, and can also recommend new ‘crossbench peers’, who are generally appointed for their expertise and have no party affiliation.

The remaining 3% of peers include 24 bishops and 2 archbishops, who sit in the Lords as the Church of England is the UK’s established (official) church. These peers only sit whilst they gold ecclesiastical office.

The House of Lords have a variety of functions. The first is that they scrutinise legislation. They can introduce, amend, delay and veto bills (proposed laws). The Lords can introduce a bill as long as it isn’t a money bill or party political. The Lords can also amend a bill, perhaps to remove loopholes or confusing wording although sometimes if they consider legislation unwise). If the Lords is particularly unhappy with a bill it can delay its passage by amending it again and again. This they did with the 2008 Counter-Terrorism Bill and the 2012 Welfare Reform Bill. They can veto a bill completely with the aim of extending the lifetime of the Commons, which has only happened during wartime in the last century.

It should be noted that the Lords’ ability to amend and delay legislation is subject to the ‘Salisbury Convention’ – which is that the Lords will not oppose a bill on the second or third reading if the proposal had been included in an election manifesto. The Commons can also claim financial privilege if there are money issues involved. Furthermore, the 1949 Government Act can be invoked which means the bill becomes law within one year whatever happens.

The House of Lords also should be holding the Government to account, debating issues of public concern and asking questions of ministers. It can also do this via their own committee system. The Commons cannot remove a senior judge without the assent of both houses so the Lords has a role in this. Finally, the House of Lords can provide Government Ministers, as minsters need to be Members of Parliament, but not necessarily from the House of Commons.

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Functions of the House of Lords

The main functions of the House of Lords include law-making, scrutiny of the government and investigating public policy and representation.

• The House of Lords proposes and debates bills in a similar way to the House of Commons and scrutinises the bill through the use of committees.
• The House of Lords proposes amendments to bills during the law-making process, which are considered by the House of Commons.
• The House of Lords can delay the passage of a bill through Parliament if they do not agree with the bill.
• The House of Lords can defeat the government by not passing a bill, and send it back down to parliament, which does not kill the bill. The Lords can defeat secondary legislation.

Government scrutiny

• Scrutiny of the government takes place in the form of written and spoken questions put to government and through debates over policy.

Investigating public policy

• The House of Lords investigates and debates important public policy issues.
• Select committees in the House of Lords conduct investigations into policy areas, by hearing evidence from a range of people including experts in the policy area and ministers.
• From 2016-2017, the House of Lords produced 41 reports on policy areas including Brexit and autonomous vehicles.

Representation

• The House of Lords contains peers who represent people in society that are less well represented in public life.
• The House of Lords represents expertise from across society and a range of different professional backgrounds.
• The Conservatives have 250 peers, the Labour party have 187 peers and the Liberal Democrats have 98 peers in the House of Lords.
• There are 185 crossbenchers who do not align themselves with any party.

Effectiveness of Functions: Functions Fulfilled

There is a debate over the extent to which the House of Lords fulfils its functions

• Bills are debated in depth by the House of Lords and passed through a number of processes in the House of Lords before being passed.
• Lord Krebs is zoologist and expert in the field of science and was the former President of the British Science Association.
• Lord Mandelson has past political expertise and had government roles for the Labour Party, such as Secretary of State under Gordon Brown’s government.

• Questioning of the government happens for 30 minutes each day from Monday to Thursday.
• Between 2016-2017, over 7,000 written and spoken questions were put to the government.
• The House of Lords makes sure that a government with a large majority is held to account by debating and proposing amendments to bills.

• No single party controls the House of Lords, increasing non-partisanship in the chamber.
• Life peerages mean that Lords don't have to worry about losing their position if they disobey a whip.
• Lords don't have constituencies, so can spend more time in parliament scrutinising the government.

House of Lords interventions

• In response, the proposed cuts were delayed and modified in the Autumn statement the next month.
• The House of Lords forced legislation changes, such as making a meaningful vote for parliament and to make sure that EU environmental law is still applied after Brexit.

• There are a reduced number of hereditary peers, reducing the number of Lords who simply inherited their title.
• The Lords Spiritual (Women) Act in 2015 means that if a woman becomes a diocesan bishop, she joins the next vacancy for bishops in the House of Lords until 2025.
• Baron Bird advocates for homeless people.
• Members of the House of Lords debate issues of importance to the public, such as Brexit.

Effectiveness of Functions: Functions not Fulfilled

There is a debate over the extent to which the House of Lords fulfils its functions.

• In 2017 the House of Commons rejected two amendments made by the House of Lords to a bill which enabled the UK to start negotiations to leave the European Union.
• The Parliament Acts of 1911 and 1949 prevent the House of Lords from stopping legislation passing through Parliament and from debating a money bill, which is a bill that only involves government spending or taxation.
• The Salisbury Convention means that the House of Lords is unable to oppose policies in the manifesto of the elected government.

• Large amounts of expenses were claimed by 277 peers, even though they spoke five times or less between 2016-2017.
• The House of Lords has the same difficulties as the House of Commons when posing written and spoken questions to the government.

• Members are not elected by the public, and the chamber doesn't directly represent citizens like the House of Commons does.
• There are 92 hereditary peers who inherited their title and peerage, such as Lord Strathclyde and the Earl of Sandwich.
• The majority of the other peers were appointed by party leaders through the power of patronage, instead of independently.
• Over half of members are over 70.
• Church of England bishops are in the House of Lords, but no representatives from any other religion.

1 Democracy & Participation

1.1 Representative & Direct Democracy

1.1.1 Direct Democracy

1.1.2 Pros & Cons of Direct Democracy

1.1.3 Representative Democracy

1.1.4 Pros & Cons of Representative Democracy

1.1.5 Comparing Types of Democracy

1.1.6 Case for Democratic Reform

1.1.7 End of Topic Test - Types of Democracy

1.1.8 Top Grade AO3/4 - Types of Democracy

1.2 Wider Franchise & Suffrage

1.2.1 History of the UK Franchise

1.2.2 Campaigns for Suffrage

1.2.3 End of Topic Test - Franchise & Suffrage

1.3 Pressure Groups & Other Influences

1.3.1 Types of Pressure Group

1.3.2 Functions of Pressure Groups

1.3.3 How Pressure Groups Influence

1.3.4 Case-Study Examples

1.3.5 Other Collective Orgs & Groups

1.3.6 End of Topic Test - Pressure Groups & Influences

1.3.7 Application Questions - Pressure Groups

1.4 Rights in Context

1.4.1 Development of Rights in the UK

1.4.2 The UK's Rights-Based Culture

1.4.3 End of Topic Test - Rights in Context

2 Political Parties

2.1 How Political Parties Work

2.1.1 Functions & Features of UK Political Parties

2.1.2 Funding of UK Political Parties

2.1.3 UK Funding Reform

2.1.4 End of Topic Test - Political Parties

2.1.5 Top Grade AO3/4 - Political Parties

2.2 Established Political Parties

2.2.1 The Conservative Party: History

2.2.2 The Conservative Party: Recent Leaders

2.2.3 The Labour Party

2.2.4 The Liberal Democrat Party

2.2.5 Ideas & Policies of UK Parties

2.2.6 End of Topic Test - Established Parties

2.2.7 Application Questions - Established Parties

2.3 Emerging & Minor Political Parties

2.3.1 Minority Parties

2.3.2 Minority Parties Case Studies

2.3.3 End of Topic Test - Minor Parties

2.4 UK Political Parties in Context

2.4.1 Different Party Systems

2.4.2 Political Spectrum

2.4.3 Factors Affecting Party Success

2.4.4 End of Topic Test - Parties in Context

2.4.5 Application Questions - Parties in Context

3 Electoral Systems

3.1 Different Electoral Systems

3.1.1 FPTP & STV

3.1.2 AMS & SV

3.1.3 End of Topic Test - Electoral Systems

3.1.4 Top Grade AO3/4 - Electoral Systems

3.2 Referendums & How They Are Used

3.2.1 Case For & Against Referendums

3.2.2 End of Topic Test - Referendums

3.2.3 A-A* (AO3/4) - Referendums

3.3 Electoral System Analysis

3.3.1 Electoral System Analysis

3.3.2 End of Topic Test - System Analysis

3.3.3 A-A* (AO3/4) - Electoral System Analysis

4 Voting Behaviour & the Media

4.1 General Election Case Studies

4.1.1 Case Studies of Elections

4.1.2 Factors Influencing Voting in Elections

4.1.3 End of Topic Test - Case Studies & Factors

4.1.4 A-A* (AO3/4) - Case Studies & Voting

4.2 Media Influence

4.2.1 Media Influence

4.2.2 End of Topic Test - Media Influence

5 Conservatism

5.1 Conservatism: Core Ideas & Principles

5.1.1 Pragmatism & Tradition

5.1.2 Human Imperfection & Organic Society/State

5.1.3 Authority & Hierarchy

5.1.4 Paternalism

5.1.5 Empiricism

5.1.6 Anti-Permissiveness

5.1.7 Radical Conservative Ideas

5.1.8 End of Topic Test - Core Conservatism

5.2 Conservatism: Differing Views & Tensions

5.2.1 Traditional Conservatism

5.2.2 One-Nation Conservatism

5.2.3 New Right Conservatism

5.2.4 End of Topic Test - Different Views

5.3 Conservative Thinkers & Ideas

5.3.1 Thomas Hobbes & Edmund Burke

5.3.2 Michael Oakeshott & Ayn Rand

5.3.3 Robert Nozick

5.3.4 End of Topic Test - Conservative Thinkers

5.3.5 A-A* (AO3/4) - Conservatism

6 Liberalism

6.1 Liberalism: Core Ideas & Principles

6.1.1 Individualism & Freedom/Liberty

6.1.2 The State & Rationalism

6.1.3 Equality & Social Justice

6.1.4 Liberal Democracy

6.1.5 Other Important Liberal Ideas

6.1.6 End of Topic Test - Liberalism

6.2 Differing Views And Tensions Within Liberalism

6.2.1 Classical Liberalism

6.2.2 Modern Liberalism

6.2.3 End of Topic Test - Tensions & Views

6.3 Liberal Thinkers & Ideas

6.3.1 John Locke & Mary Wollstonecraft

6.3.2 John Stuart Mill & John Rawls

6.3.3 Betty Friedan

6.3.4 End of Topic Test - Thinkers & Ideas

6.3.5 A-A* - Liberalism

7 Socialism

7.1 Socialism: Core Ideas & Principles

7.1.1 Fraternity & Co-operation

7.1.2 Capitalism & Common Ownership

7.1.3 Communism

7.1.4 Collectivism

7.1.5 Common Humanity

7.1.6 Equality

7.1.7 Social Class & Workers' Control

7.1.8 End of Topic Test - Socialism

7.2 Differing Views And Tensions Within Socialism

7.2.1 Differing Views And Tensions

7.2.2 End of Topic Test - Views & Tensions

7.3 Socialist Thinkers and Their Ideas

7.3.1 Socialist Thinkers: Marx & Engels

7.3.2 Socialist Thinkers: Webb & Luxemburg

7.3.3 Socialist Thinkers: Crosland and Giddens

7.3.4 End of Topic Test - Thinkers & Ideas

7.3.5 A-A* (AO3/4) - Socialism

8 The UK Constitution

8.1 Nature & Sources of UK Constitution

8.1.1 Development of the UK Constitution

8.1.2 Nature of the UK Constitution

8.1.3 Sources of the UK Constitution

8.1.4 End of Topic Test - Nature & Sources

8.2 Constitutional Change since 1997

8.2.1 Constitutional Reform 1997-2010 1

8.2.2 Constitutional Reform 1997-2010 2

8.2.3 Constitutional Reform 2010-15 & Reforms Since 2015

8.2.4 End of Topic Test - Reform

8.2.5 Application Questions - Reform

8.3 Role & Powers of Devolved UK Bodies

8.3.1 Devolution in England & Scotland

8.3.2 Devolution in Wales & Northern Ireland

8.3.3 End of Topic Test - Devolution

8.4 Debates on Constitutional Reform

8.4.1 Constitutional Reform & Devolution

8.4.2 Should the Constitution Be Codified?

8.4.3 End of Topic Test - Reform Debates

8.4.4 Application Questions - Codification & Devolution

9 The UK Parliament

9.1 Houses of Parliament

9.1.1 Houses of Parliament

9.1.2 Functions of the House of Commons

9.1.3 Functions of the House of Lords

9.1.4 End of Topic Test - Parliament

9.1.5 Top Grade AO3/4 - Parliament

9.2 Comparative Powers

9.2.1 Comparative Powers of the Houses

9.2.2 End of Topic Test - Comparative Powers

9.3 Legislative Process

9.3.1 Legislative Stages

9.3.2 Law-Making in the two Houses

9.3.3 End of Topic Test - Legislative Process

9.4 Parliament & Executive Interactions

9.4.1 Backbenchers

9.4.2 Select Committees

9.4.3 The Opposition

9.4.4 Ministerial Question Time

9.4.5 End of Topic Test - Parliament & Executive

9.4.6 Application Questions - Parliament & Executive

10 The Prime Minister & the Executive

10.1 The Executive

10.1.1 Structure of the Executive

10.1.2 Roles of the Executive

10.1.3 Powers of the Executive

10.1.4 End of Topic Test - PM & Executive

10.2 Ministerial Responsibility

10.2.1 Individual Ministerial Responsibility

10.2.2 Collective Ministerial Responsibility

10.2.3 End of Topic Test - Ministerial Responsibility

10.3 Prime Minister & the Cabinet

10.3.1 Role of the Prime Minister

10.3.2 Prime Minister's Powers

10.3.3 Limits on the Prime Minister's Powers

10.3.4 Role of the Cabinet

10.3.5 Prime Minister & Cabinet: Relations

10.3.6 Prime Minister & Cabinet: Balance of Power

10.3.7 Prime Minister & Cabinet: Case Studies

10.3.8 End of Topic Test - PM & Cabinet

10.3.9 Top Grade AO3/4 - PM & Cabinet

11 Relationships Between Government Branches

11.1 The Supreme Court

11.1.1 Role & Composition

11.1.2 Principles & Influence of the Supreme Court

11.1.3 End of Topic Test - Supreme Court

11.2 Parliament & Executive Relations

11.2.1 Parliament & Executive: Questions

11.2.2 Parliament & Executive: Committees

11.2.3 Parliament & Executive: Voting

11.2.4 Executive Dominance Over Parliament

11.2.5 Balance of Power

11.2.6 End of Topic Test - Parliament & Executive

11.2.7 A-A* (AO3/4) - Relationships Between Government

11.3 The European Union & the UK

11.3.1 Aims & Policy Making of the European Union

11.3.2 End of Topic Test - EU & UK

11.4 Sovereignty in the UK Political System

11.4.1 Sovereignty in the UK Political System

11.4.2 End of Topic Test - Sovereignty

12 US Constitution & Federalism

12.1 Nature of the US Constitution

12.1.1 Nature of the US Constitution

12.1.2 Nature: Positives & Negatives

12.1.3 Constitutional Framework

12.1.4 The Amendment Process

12.1.5 End of Topic Test - Nature US Constitution

12.2 Principles of the US Constitution

12.2.1 Federalism

12.2.2 Separation of Powers/Checks & Balances

12.2.3 Bipartisanship

12.2.4 Limited Government

12.2.5 End of Topic Test - Constitutional Principles

12.3 Federalism

12.3.1 Main Characteristics

12.3.2 Federal Government and the States

12.3.3 End of Topic Test - Federalism

12.4 Interpretations & Debates

12.4.1 Democracy in the Constitution

12.4.2 Federalism

12.4.3 End of Topic Test - Debates

12.4.4 A-A* (AO3/4) - US Constitution

13 US Congress

13.1 Structure of Congress

13.1.1 Structure of Congress

13.1.2 Distribution of Powers

13.1.3 End of Topic Test - Congress Structure

13.2 Functions of Congress

13.2.1 Representation

13.2.2 Legislative

13.2.3 Oversight

13.2.4 End of Topic Test - Functions of Congress

13.3 Interpretations & Debates

13.3.1 Changing Roles & Powers

13.3.2 Changing Significance of Parties & of Powers

13.3.3 End of Topic Test - Debates

13.3.4 Application Questions - US Congress

14 US Presidency

14.1 Presidential Power

14.1.1 Formal Sources of Presidential Power

14.1.2 Informal Sources of Presidential Power

14.1.3 Powers of Persuasion

14.1.4 End of Topic Test - Presidential Power

14.2 The Presidency

14.2.1 President Relationship with Other Institutions

14.2.2 Limitations on Presidential Power

14.2.3 US Presidents Achieving Their Aims

14.2.4 End of Topic Test - Presidency

14.3 Interpretations & Debates of the US Presidency

14.3.1 The Imperial Presidency

14.3.2 The President in Foreign Policy

14.3.3 End of Topic Test - Debates

14.3.4 A-A* (AO3/4) - US Presidency

15 US Supreme Court & Civil Rights

15.1 Nature & Role of Supreme Court

15.1.1 Nature & Role of the Supreme Court

15.1.2 End of Topic Test - Nature & Role

15.2 Supreme Court Appointment Process

15.2.1 Appointment Process

15.2.2 Supreme Court Membership

15.2.3 End of Topic Test - Appointments

15.3 The Supreme Court & Public Policy

15.3.1 Supreme Court & Public Policy

15.3.2 End of Topic Test - Public Policy

15.4 Protection of Civil Liberties & Rights

15.4.1 Protection of Civil Liberties & Rights

15.4.2 Race & Rights in Contemporary US Politics

15.4.3 End of Topic Test - Rights & Liberties

15.5 Debates & Interpretations of the Supreme Court

15.5.1 Political Nature of the Supreme Court

15.5.2 Judicial Interpretation

15.5.3 Supreme Court Checks & Balances

15.5.4 End of Topic Test - Debates

15.5.5 Application Questions - The Supreme Court

16 US Democracy & Participation

16.1 Presidential Elections

16.1.1 Presidential Elections

16.1.2 Primaries

16.1.3 National Party Conventions

16.1.4 End of Topic Test - Presidential Elections

16.2 Electoral College

16.2.1 Electoral College System

16.2.2 Reforms

16.2.3 End of Topic Test - Electoral College

16.3 Electoral Campaigns

16.3.1 Issues in Elections

16.3.2 End of Topic Test - Campaigns

16.4 Incumbency

16.4.1 Elections & Incumbency

16.4.2 End of Topic Test - Incumbency

16.4.3 A-A* (AO3/4) - Elections & Electoral College

16.5 Democrats & Republicans

16.5.1 National & State Level Organisation

16.5.2 Democratic & Republican Policies

16.5.3 Changing Party Significance

16.5.4 End of Topic Test - Democrats & Republicans

16.6 Internal Conflict & Ideology

16.6.1 Types of Democrats

16.6.2 Types of Republicans

16.6.3 End of Topic Test - Internal Conflict

16.7 Support & Demographics

16.7.1 Coalition of Supporters

16.7.2 End of Topic Test - Party Support

16.8 Interest Groups

16.8.1 Political Significance of Interest Groups

16.8.2 Interest Group Influence & Impact on Democracy

16.8.3 End of Topic Test - Interest Groups

16.8.4 Application Questions - Parties, Ideology & Groups

17 Comparing Democracies

17.1 Theoretical Approaches

17.1.1 Theoretical Approaches

17.1.2 End of Topic Test - Approaches

17.2 UK & USA Similarities & Differences

17.2.1 Constitution: Nature

17.2.2 Constitution: Provisions & Principles

17.2.3 Federal System & Devolution

17.2.4 Legislative: Lower Houses of Government

17.2.5 Legislative: Upper Houses of Government

17.2.6 Legislative: Powers & Functions

17.2.7 Executive

17.2.8 Supreme Court

17.2.9 Supreme Court: Judicial Independence

17.2.10 Civil Rights

17.2.11 Civil Rights: Interest Groups

17.2.12 Party Systems & Parties

17.2.13 Campaign Finance & Pressure Groups

17.2.14 End of Topic Test - Comparing UK & US

17.2.15 Application Questions - UK & USA

18 Feminism

18.1 Feminism: Core Ideas & Principles

18.1.1 Context of Feminism

18.1.2 Sex & Gender

18.1.3 Patriarchy & The Personal is the Political

18.1.4 Difference, Egalitarian & Intersectionality

18.1.5 Key Themes

18.1.6 End of Topic Test - Core Ideas & Principles

18.2 Different Types of Feminism

18.2.1 The Waves of Feminism

18.2.2 Socialist & Radical Feminism

18.2.3 Post-Modern Feminism

18.2.4 End of Topic Test - Different Types of Feminism

18.3 Feminist Thinkers & Their Ideas

18.3.1 Charlotte Gilman & Simone de Beauvoir

18.3.2 Kate Millett

18.3.3 Sheila Rowbotham & bell hooks

18.3.4 End of Topic Test - Feminist Thinkers & Ideas

18.3.5 A-A* (AO3/4) - Feminism

19 Nationalism

19.1 Nationalism: Core Ideas & Principles

19.1.1 Nations & Self-Determination

19.1.2 Nation-States & Culturalism

19.1.3 Racialism & Internationalism

19.1.4 Civic & Ethnic Nationalism

19.1.5 Liberal & Socialist Internationalism

19.1.6 Key Themes

19.1.7 End of Topic Test - Core Ideas & Principles

19.2 Different Types of Nationalism

19.2.1 Liberal & Conservative Nationalism

19.2.2 Post-Colonial & Expansionist Nationalism

19.2.3 Progressive & Regressive Nationalism

19.2.4 Inclusive & Exclusive Nationalism

19.2.5 End of Topic Test -Different Types of Nationalism

19.3 Nationalist Thinkers & Their Ideas

19.3.1 Jean-Jacques Rousseau & Gottfried von Herder

19.3.2 Giuseppe Mazzini & Charles Maurras

19.3.3 Marcus Garvey

19.3.4 End of Topic Test - Nationalist Thinkers & Ideas

19.3.5 A-A* (AO3/4) - Nationalism

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Functions of the House of Commons

End of Topic Test - Parliament

Labour plans House of Lords age limit and immediate end to hereditary peers – constitutional reform proposals explained

Lecturer in Constitutional and Administrative Law, and Public Procurement, Bangor University

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Stephen Clear does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment.

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The Labour party has committed to immediately legislating to remove hereditary peers from the House of Lords if elected to government. It will also impose retirement on members of the House of Lords at the age of 80.

This would immediately reduce the size of the upper house of parliament. There are 91 hereditary peers, and figures from 2020 show that, at that time, there were 154 peers aged over 80 and 297 peers aged 70 to 79 .

This is the first part of a two-phase reform set out in the party’s 2024 election manifesto .

The second phase is less clear. The broad direction is to improve the appointments process to improve national and regional balance in the House of Lords. The manifesto reiterates Labour’s commitment to replacing the Lords with an alternative second chamber that is more representative – but this will be achieved via a consultation with the British public about how politics can best serve them.

This is reasserting Labour’s commitment towards more significant constitutional change, in line with the recommendations made by a commission led by former prime minister Gordon Brown in 2022. But it is kicking a decision on what exactly this will look like, and when, into the long grass. Brown had wanted a fully elected house.

The manifesto also hints at measures to restore the reputation of the upper chamber, with tougher requirements on attending (at the moment a peer has to be absent for months on end to be suspended). It will be easier to remove disgraced peers and the appointments process will be improved. However, crucially, there is no detail on any of these plans.

Why does the House of Lords need reform?

In its current form, the House of Lords is the second chamber in the lawmaking process within the UK parliament. Rather than being elected to the role, its members (the peers) are appointed .

While the total membership of the Lords fluctuates, at around 800 sitting members, it is considered one of the largest legislative bodies in the world. Most peers sit in the chamber either as life peers , meaning they have been nominated for their whole lives by a political party, or as a non-affiliated “crossbencher” , based on their expertise or life experience. The idea here is to bring in people who could contribute to thorough scrutiny of the government and proposals for new laws.

Alongside this, and perhaps more contentiously, there are hereditary peers who sit in the chamber as a birth right. Where the title as a life peer stays with the individual, hereditary peerages most commonly descend down the male line of succession without merit considerations.

Read more: How do people get appointed to the House of Lords and can it ever change? The process explained

Operationally speaking, the House of Lords can only propose amendments to draft proposals for laws and exercise the power of delay. It cannot block a law that the House of Commons wants to pass. As the House of Commons has democratic legitimacy, the House of Lords can only delay a law for a maximum period of one year – and not at all for any law that was promised in a government’s election manifesto .

The long road to reform

Labour’s plans form part of a long line of proposals on House of Lords reform. Tony Blair initially proposed the removal of hereditary peers from the Lords in 1997. A law passed in 1999 significantly reduced their number, but it did allow up to 92 to remain for what was envisaged to be an interim period. That interim period continues to this day, with 91 of the 92 places currently filled .

The Conservative and Liberal Democrat coalition government also passed a law allowing members of the House of Lords to retire or resign permanently – actions that were both previously constitutionally impossible.

Labour’s new proposals are a far cry from what the Brown commission had wanted. Its idea was to replace the appointed chamber with an elected second chamber that would represent the UK’s “regions and nations” .

Senior figures within Labour have signalled since March that these proposals are “not yet ready” . The manifesto would appear to confirm fears that the party is not committed to abolishing the Lords , even if it is taking the overdue step of dealing with the remaining hereditary peers and introducing a compulsory retirement age.

The manifesto also leaves a question over what will happen to the 26 Church of England archbishops and bishops who sit as lord spirituals , with automatic rights established by ancient usage and statute.

So, if elected, Labour will continue to discuss more significant reforms to the Lords – but without as much immediate radical change as some had envisaged.

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9 Is the House of Lords ‘Legitimate’? Attitudes Towards the Chamber

• Published: July 2013
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This chapter addresses the tricky question of whether the unelecteHouse of Lords can be considered 'legitimate'. It reviews how this term has been used in debates about the chamber’s role and its possible reform. It also explores how academics have defined legitimacy, including with respect to other unelected bodies such as courts. It then reviews the evidence on attitudes towards the Lords and its legitimacy, from public opinion polls, and surveys of peers and MPs. It also includes an analysis of newspaper editorials about the Lords in the period 1999-2012. The data shows that while the Lords lacks democratic 'input’ legitimacy, many see it as having legitimacy of other kinds, thanks to its proportional party balance, presence of experts, relatively nonpartisan atmosphere (when compared to the Commons), and its policy decisions.

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The powers of the Lords and Commons compared

House of Commons Reform

House of Lords Reform  

The relative powers of the two chambers reflect their different functions (such as the Commons’ role in confidence and supply) and legitimacy . The Commons has primacy because it has the democratic legitimacy

Which the lords lacks. however, it is helpful to consider two aspects of legitimacy:, ■ input legitimacy concerns the composition of an institution and its responsiveness to citizens’ concerns as a result of participation by, and representation of, the people., ■ output legitimacy concerns the quality and effectiveness of an institution’s performance and outcomes for the people., the commons has input legitimacy because of its composition (it is directly elected and accountable to voters), whereas the lords has output legitimacy because of what it delivers (its scrutiny and revision produce better quality legislation)., the exclusive powers of the house of commons.

Most of the powers and functions of Parliament are shared by the two houses. There is one important area, however, where the Commons has exclusive authority — to give consent to taxation and public expenditure. Since the Commons represents the taxpayer, there is a tradition that although the Lords debates money bills, it cannot interfere with them. For this reason the Chancellor of the Exchequer is obliged to sit in the Commons, where the annual budget is always presented.

Another area where the Commons can exercise power is the situation known as confidence and supply. This can occur in the event of a minority government, where the governing party does not join a formal coalition, but relies on a limited agreement with another party (or parties) to keep itself in office. This means that the supporting party will provide backing on a vote of no confidence, and will vote through the government's budget (the 'supply' part of the arrangement). In return the smaller party will receive certain concessions. It is an agreement that is more flexible (and thus less stable) than a full coalition. This happened in 1977-78, when James Callaghan's minority Labour government concluded the lib–Lab Pact' with the smaller Liberal Party. There was talk of the SNP supporting a minority Labour government on these terms, had the 2015 election resulted in a hung Parliament. It happened again in 2017 when Theresa May's government lost it majority and agreed a confidence and supply arrangement with the DUP.

The main powers of the House of Lords

The Lords is definitely less powerful than the Commons, as suggested by one of its informal alternative names, the 'second chamber'. Since the early 20th century, when the UK started to become more democratic, its powers have been limited by both law and convention. It is widely accepted that this is appropriate, since it lacks the democratic legitimacy of an elected chamber.

The most important legal restraints on the power of the Lords are provided by the Parliament Acts of 1911 and 1949. The first of these came about when the Lords broke with the convention, established since the late 17th century, that they should not interfere with matters of taxation. Aristocratic outrage at new taxes on land and wealth, proposed in the Liberal government's `People's budget' of 1909, led the Lords to break with this tradition. By rejecting the budget they brought about a prolonged constitutional crisis, which was resolved by the passing of the Parliament Act two years later. This set out in law that:

·    the Lords had no right to delay money bills

·    its power to veto non-financial bills was to be replaced by a power of delay lasting two parliamentary sessions (equivalent to 2 years).

Clement Attlee's Labour government, faced with opposition from the Lords to its iron and steel nationalisation bill, used the 1911 Act to push through a modification, halving the length of time that the upper house could use its delaying power. This was embodied in the 1949 Parliament Act.

The power of the Lords is also constrained by the 1945 Salisbury convention , a convention agreed shortly after the election of the Attlee government. Named after the Conservative opposition leader in the upper house, Lord Salisbury, the convention stated that the Lords would not oppose a bill that gave effect to a commitment contained in the manifesto of the winning party at a general election. The convention was a response to the election of Britain's first majority Labour government, which was committed to a radical reforming programme.

The Lords, then, has the following distinctive powers:

·    It acts mainly as a revising chamber, proposing amendments to government legislation, which it is up to the government to decide whether to accept or reject.

·    It can delay non-financial legislation for 1 year.

·    The only scenario in which the Lords retains its veto is an extremely unlikely one: if a government were to attempt to prolong the life of Parliament beyond its legal maximum term of 5 years, the Lords is legally empowered to force it to hold a general election.

Debates about the relative powers of the two houses

Although the formal powers of the Lords are quite restricted, as with so much else in British politics, what the upper house can actually do depends to a large extent on the particular circumstances of the time. In recent years some commentators have argued that the Lords is becoming more assertive in its relationship with the elected chamber.

In what ways is the Lords becoming more important?

Impact of the Lords  

The removal of most hereditary peers from the Lords in 1999 meant that the upper house was now dominated by life peers, who had mostly been appointed for service in different walks of life. This increased the Lords' sense of legitimacy. Life peers were also more likely to play a regular part in the work of the House, whereas many hereditary peers rarely appeared at Westminster. As a result the reformed House was more inclined to challenge the government.

Another consequence of the departure of most hereditary peers was that the traditional dominance of the House by the Conservative Party came to an end. No party now has overall control of the Lords and so careful management of the House has become more important for governments. Liberal Democrat peers demonstrated growing independence during the period of the New Labour government. For example, after the 2005 general election, they opposed Tony Blair's proposals for identity cards, even though this policy had been announced by the Labour Party in advance. They argued that the Salisbury convention no longer applied because the government had been re-elected on a very low share of the popular vote (only 35.2 per cent). The formation of the coalition government in 2010 cast further doubt on whether the Salisbury convention still applied. This was because the government programme was based on a coalition agreement — between the Conservative and Liberal Democrat leaders — that had never been put to the voters.

Cross-bench peers also began to play a more important role in holding the government to account. As neutral figures, they are more likely to assess a bill on its merits and to decide accordingly whether to support or oppose the government. For example the cross-bench peer Lord Owen, a former doctor, played a leading role in opposing the coalition government's controversial Health and Social Care Bill. The measure was passed in March 2012 after the government accepted all the amendments proposed in the Lords.

How does the Commons maintain its supremacy?

Although the Lords is clearly more assertive, the Commons remains the dominant house. The two houses are not always in conflict with each other — in fact, many amendments in the Lords are sponsored by the government itself, on occasions when it belatedly notices flaws in its own legislation. But when clashes occur, the government can usually make use of its majority in the Commons to overturn critical Lords amendments if it chooses to do so. In February 2012, for example, the coalition government rejected seven amendments to its Welfare Reform and Work Bill, arguing that only the Commons was entitled to take decisions with large financial implications.

A bill can go back and forth between the two houses in a process known as 'parliamentary ping pong'. An extreme example of this was the debate between the two houses on the 2005 Prevention of Terrorism Bill, which introduced control orders. This entailed a marathon sitting of 30 hours. The Lords wanted the bill to include a 'sunset clause' — in other words it would automatically expire after a year unless further legislation was passed to renew it. In the end it is up to the government to decide whether to accept or reject any changes proposed by the Lords. In the case of the Prevention of Terrorism Bill, the Lords backed down following a compromise: the government promised a review a year later.

If the upper house maintains its opposition to the Commons, as a last resort the government can use the Parliament Act to force a bill through. This is rare, but it was used three times by the Blair government:

· changing the voting system for European Parliament elections (1999) 

· equalising the age of consent for gay and heterosexual people (2000) 

· banning hunting with dogs (2004). 

In practice, the Lords will usually drop its opposition after making its point, recognising that it lacks the democratic legitimacy needed to push its case further. The following case study illustrates the willingness of the Lords to take a stand on an issue, but also the self-restraint that usually prevails in clashes between the two houses.

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As Clouds Gather Over Europe, Leaders Seek Unity in Churchill’s Birthplace

More than 40 European leaders, including President Volodymyr Zelensky of Ukraine, are meeting at Blenheim Palace on Thursday. Fears over the continent’s security, and the threat of Russia, loom large.

By Stephen Castle

Reporting from Blenheim Palace, near Oxford

The venue is a glittering 18th-century palace and the birthplace of Winston Churchill. The guests include more than 40 of Europe’s leaders. And, King Charles III will be on hand to host a V.I.P. reception.

Yet despite the serene grandeur of the surroundings at Blenheim Palace , near Oxford, the continent’s top politicians are meeting on Thursday in a mood of heightened anxiety and with a growing urgency to find common cause in an unsettled world.

Rolling out the red carpet as host is Britain’s prime minister, Keir Starmer, who is pushing to strengthen British relations with European governments on security, migration and trade, as the world contemplates the prospect of a return to the White House for former President Donald J. Trump. Among those attending: President Volodymyr Zelensky of Ukraine, President Emmanuel Macron of France and the NATO Secretary General, Jens Stoltenberg.

The meeting is the fourth of the European Political Community, the brainchild of the French president, Emmanuel Macron, in 2022, who wanted countries across the continent to work together to confront collective challenges.

There is no shortage of those today, with war raging in Ukraine and the possibility of a second term for Mr. Trump, who has threatened to undermine NATO by withdrawing protection from countries that fail to pay their way. Some European lawmakers have worried openly that a Trump administration could end support for Ukraine and embolden Russia. In March, President Donald Tusk of Poland warned that Europe was in a “prewar era” and should prepare accordingly, and the presence in Blenheim of President Zelensky was a reminder of the raised stakes.

“Clearly events in Milwaukee will hang over this summit,” said Kim Darroch, a former British national security adviser, referring to this week’s Republican National Convention, where Mr. Trump announced J.D. Vance, a critic of U.S. support for Ukraine, as his vice-presidential nominee.

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