MPs’ role in the constitution

MPs play a central position in all democratic programs, however that is significantly true within the UK given its custom of ‘parliamentary sovereignty’. With judges unable to strike down Acts of Parliament for unconstitutionality, MPs have a key position in constitutional safety. Like MPs elsewhere, in addition they have obligations for upholding the structure and democracy in lots of different methods, most clearly via holding the federal government to account, and representing the general public, but additionally, for instance, via sustaining requirements of political debate. Meg Russell and Lisa James summarise these varied necessary roles. 

Members of parliament are central political actors in all democratic programs. Legislatures are extremely seen establishments, and MPs have key roles representing residents, debating key coverage issues, scrutinising the manager and approving main modifications to the legislation. The legislature is on the coronary heart of any functioning nationwide democracy. 

Therefore MPs routinely have necessary roles throughout the structure. However a few of their wider roles and obligations in upholding and defending the structure are much less usually spoken about. In an age of populism and ‘democratic backsliding’ these deserve reflection. As sadly seen in varied nations, MPs are necessary gatekeepers whose consent can facilitate the dismantling of democratic norms and establishments. However the place they stand agency, they are often bulwarks in opposition to decline. 

MPs have busy lives, and sometimes face quite a few competing pressures. This could make it troublesome for them to elevate their sights and preserve their broad constitutional obligations in thoughts. With a brand new Home of Commons elected at Westminster in 2024, containing many new MPs, now’s a helpful time to mirror on how such relationships work within the UK – the place parliament, and due to this fact MPs, have an unusually excessive standing within the structure. 

The distinctive nature of the UK structure 

Whereas all parliaments are central, that is extra true within the UK than in most different states. Not solely is the UK a ‘parliamentary’ democracy, which means that the federal government is accountable to parliament, it additionally has a long-established custom of ‘parliamentary sovereignty’, which means that in precept parliament could make or unmake any legislation.  

Almost all nations have a codified structure with the standing of ‘larger legislation’, however that is famously not the case within the UK. Consequently judges can not step in and overturn statutes of the Westminster Parliament on the premise of unconstitutionality, as they’ll in lots of different states. Put bluntly, if MPs take dangerous selections, there’s little that may be accomplished to cease them. Whereas the Home of Lords can query coverage, it doesn’t most often have a blocking energy. The media, strain teams and public opinion are all necessary democratic constraints; however MPs are the ultimate determination makers. This brings with it an enormous and necessary accountability. 

Whereas Westminster MPs do their jobs in some ways – some focusing regionally and others nationally, some representing the governing get together and others opposition events, and a few being frontbenchers and others backbenchers, this core constitutional accountability is one which all of them share. 

 Parliament and authorities  

One of the crucial central relationships that parliament has is with the federal government. Certainly, within the public thoughts the 2 could generally get combined up. Ministers sit in parliament, and are answerable to parliament. However clearly parliament goes far additional, and represents quite a few totally different pursuits past the federal government. 

A core precept of the UK system, and different ‘parliamentary’ democracies, is that the federal government should keep the arrogance of the Home of Commons. If it loses this, it may be compelled from workplace. That helps clarify why the work of presidency and parliament are so intertwined day-to-day. It’s straightforward to imagine, and is typically implied by the media, that on this shut relationship between authorities and parliament, parliament is subservient to authorities. However the confidence vote implies that parliament is definitely the boss. It will be significant for MPs to recollect this, significantly when making an allowance for their broader accountability to guard the structure. 

Parliament and other people  

The opposite most evident relationship is the one between parliament and the folks. UK MPs have an in depth relationship with their constituents, because of our ‘first previous the publish’ electoral system. Many spend quite a lot of time on constituency work, each via pursuing particular person instances and representing the broader priorities of the constituency. This brings advantages to the UK system, by guaranteeing that totally different geographic communities, industries and different pursuits have a voice in parliament. 

The tensions between MPs representing their constituents and their very own conscience on coverage issues have been recognised all the best way again to Edmund Burke (1729-97). Whereas illustration is in itself an necessary constitutional accountability, MPs should take care to weigh their short-term responsiveness to the general public in opposition to their broader constitutional roles. 

Parliament and different key establishments 

Parliamentary sovereignty has necessary knock-on results for relationships with different establishments. 

One dimension of such knock-on results pertains to devolution. Technically, Westminster retains the facility to legislate on any matter. Nevertheless, an necessary conference (underpinned by laws, in a non-binding approach) signifies that it mustn’t achieve this on issues throughout the coverage competence of the devolved legislatures in Scotland, Wales and Northern Eire with out their express consent. Rigidity has arisen over these boundaries in recent times, and MPs must recognise the sensitivities, and their position in defending the soundness of the devolution settlements. 

A fairly totally different dimension issues the connection between parliament and the courts. The courts do not need the facility to strike down Acts of Parliament, however do have a job in decoding laws, and guaranteeing that the federal government acts inside its authorized powers. When disputes come up, it will be significant that MPs recognise their accountability to uphold the rule of legislation, and to not undermine confidence within the justice system. 

Parliament and political events 

Political events are central to the operation of all fashionable parliaments, and Westminster is not any exception. Most MPs are elected on a celebration ticket, and events organise a lot of the necessary enterprise of parliament. In apply, quite a lot of the work that MPs do can be inside their events. Nonetheless, quite a lot of cross-party work additionally goes on, a few of it seen (e.g. via choose committees), and a few via extra casual connections behind the scenes. 

MPs’ loyalty to political events is pure, and far of the operation of the system assumes that events are cohesive blocks. However when events vote collectively this will rely as a lot on leaders listening to MPs as the opposite approach round. When these inside communication channels break down, or the place MPs really feel that following the get together whip would battle with their conscience, rebellions could happen. This may increasingly generally lengthen to issues of constitutional precept, given MPs’ core accountability to guard our democracy. In nations the place ‘democratic backsliding’ has occurred, this has usually been facilitated by MPs too readily agreeing to requests from leaders to dismantle checks on their very own energy. 

Within the UK system, the opposition has a really seen position, and varied privileges in parliament. A vigilant opposition could also be necessary to holding the federal government to account, and guaranteeing that coverage is effectively thought via. This position deserves respect, however to be additionally carried out responsibly. 

Parliament and the standard of political debate 

Lastly, parliament lies on the centre of nationwide political debate. The phrases of MPs, each inside parliament and past – for instance within the TV studios, or on social media – are key to shaping how members of the general public suppose and discuss politics. This too brings main obligations.  

Overly adversarial debate, personalised assaults and political ‘point-scoring’ could flip the general public off politics. In an age of misinformation and disinformation, the place it may be arduous to know what to imagine, MPs additionally must be scrupulous in searching for to current dependable proof, and correcting the document in the event that they make a mistake.  

A selected drawback happens if MPs are tempted to affix the refrain of criticism focused at Westminster itself. Whereas there are a lot of legitimate arguments for reform (and automobiles for it), suggesting that the system is ‘damaged’ or corrupt is just prone to drive down belief. If parliamentarians aren’t on the forefront of defending and defending the repute of parliament, few others could possibly achieve this. 

Conclusion 

Whereas a few of the constitutional obligations of MPs – akin to holding the federal government to account, or representing the general public – are well-known, others are much less usually mentioned. Significantly given the UK’s precept of parliamentary sovereignty, Westminster MPs are much more within the frontline of defending the structure than these in different parliaments. MPs additionally decide to a big extent the standard of political debate, together with how the general public have a look at politics normally and the establishment of parliament itself. 

MPs are busy folks, with many obligations – together with to their events, their constituents and the broader public. However it will be significant for them to have the ability to elevate their sights, and at all times preserve their wider constitutional obligations in thoughts. 

The Structure Unit has just lately revealed MPs’ Position within the Structure: A Sensible Information, which has been circulated to all MPs. The doc is freely obtainable to all to obtain from our web site. This work is a part of our Constitutional Ideas and the Well being of Democracy mission. 

Concerning the authors

Meg Russell FBA is Professor of British and Comparative Politics at UCL and Director of the Structure Unit.  

Lisa James is a Senior Analysis Fellow on the Structure Unit. 

Featured picture: HoC Benches & Purple Traces in Chamber (CC BY-NC-ND 2.0) by UK Parliament.