© Д. C. Ведунова, 2017

© Н. A. Овсянникова, 2017

© Роман Алексеевич Голобоков, cover design, 2017

ISBN 978-5-4483-7679-5

Created with intellectual publishing system Ridero

House of Lords

The House of Lords, House of Lords, is the highest, or upper house of the UK Parliament. Also submitted to the Parliament includes in its membership the Sovereign and the lower house, sometimes called the House of Representatives or the House of Commons. Total House of Lords has a membership of 730 unelected members, namely: two archbishops, 24 bishops of the Church of England, which is called the spiritual lords, and 706 members of the Peerage, or secular lords. Lords Spirituals are the members of the House as long as they hold their spiritual position, the secular lords, are members for life. All members of the House of Lords referred to.

The House of Lords was founded in the XIV century and functioned almost always. Until 1544 the name “House of Lords” was not in use. From 1649 until 1660 the House of Lords did not function, because It was abolished by the government that came to power as a result of the English Civil War. Before historical moment the House of Lords had more weight and more meaning than election the House of Commons (the lower house). Nevertheless, from the XIX century, the distribution of forces began to change, and the time of the upper house of Nada much weaker bottom. An Act of Parliament passed in 1911 and 1949 ruled that all legislation excluding “money bills”, which includes the state budget, which passes through the House of Lords, may be detained for a period not exceeding 12 months, but it can not be rejected. In political science, such powers are called suspense veto, the veto deterrent. In addition, the legislative projects cannot make any corrections. The reform of 1999, House of Lords Act, abolished the right to inherit a place in the House of Lords. A small number of peers remain in place, that means the fact that they held high positions of the Great Officers of State, and an additional 92 are elected as representative peers. Additional reforms are included in the plans of the Labour government, but they are not currently unenforceable.

The House of Lords has both legislative and judicial power. Under the judiciary refers to the highest Court of Appeal, which deals with most of the cases of all the United Kingdom. However, the judicial functions belong not to all members of the House of Lords, but only a limited number, have the necessary legal experience, which is called the Lord legalists. Constitutional Reform Act, passed in 2005, would give judicial functions Lords lawyers to the Supreme Court of the United Kingdom, when the latter will begin its work.

The formal name of the House of Lords is as follows: Honorable the Lords Spiritual and Temporal of the United Kingdom of Great Britain and Northern Ireland in a joint parliament. And the upper and lower houses hold their meetings in the halls of the Palace of Westminster.

Previously, the Chamber was aristocratic, where the rights of the meeting handed down. At the same time it is a collection of a number of hereditary members of the Lords Spiritual and Lords appointed, which is given a peerage for life, but which, however, is not inherited.

The British Parliament

The British Parliament consists of two chambers: the House of Commons (House of Commons) and the House of Lords (House of Lords).

The House of Commons is elected for five years by universal, equal suffrage by secret ballot on the basis of a relative majority of the majority system.

The order of formation and composition.

Elections to the House of Commons can be shared. Passing at the same time throughout the country. Further it is carried out in some constituencies due to the vacancy of the deputy mandate.

The campaign begins with the delivery of the order on elections, “officials for the elections”, which functions in cities operate mayors and counties – sheriffs. The order is given to the Lord Chancellor and contains an order to the election time. “Officials at Elections” issued a notice in which the citizens residing in their territory, are informed of the place and time of the election.

Passive electoral right enjoyed by citizens who have reached 21 years and entitled to vote. The exceptions are the priests of the Anglican Church, persons in the public service, and bankrupt.

A person who wishes to stand for election to the House of Commons, should provide “an official for the elections,” a document on the nomination and • make an election deposit. Typically, these tools provide political parties nominating candidates for the constituencies. Independent candidates are making bail yourself. If a candidate gains at least the statutory percentage of votes (5%), the deposit is not returned. On average, no returns of about 20% of the total amount of election pledges. Upon completion of all the formalities related to registration, the candidate starts election campaign in the district. Usually in the constituency candidate running for 2—3, and the elected is the one who gets more votes than the other candidates.

The number of elected deputies of the House of Commons is the number of electoral districts (in 1997 – 659). The composition of the deputies of the House of Commons, there should be two main factors:

a) the party affiliation of deputies; b) regional office.

As a result of the general election in 1997, political parties received the following representation in the House of Commons: Labour Party – 419 seats; The Conservative Party – 165 seats; Liberal Democrats – 46 seats; Regional Party -29 seats. Regional representation follows: England with 539 deputies; Scotland – 61 deputies; Wales – 41 deputies; Northern Ireland – 18 deputies.

Speaker of the House of Commons.

Speaker of the House of Commons is an official elected by the House from among its members. Historically, the Speaker had great authority, and provided a link between the communities and the monarch. In accordance with the tradition of the Speaker’s candidacy must be approved by the monarch, with whom this issue previously discussed.

The Speaker is elected the new members of the House of Commons, and if he remembers the deputy after the new parliamentary elections, the deputies traditionally re-elected Speaker of the new term. Within the framework of its powers Speaker:

– provides interaction between the House of Commons and the monarch, the House of Commons and House of Lords;

– supervises the work of the House of Commons and ensures equal rights to participate in the work of deputies, in particular, constituting a minority of the House. For example, the Speaker may restrict the application of the rules of “cloture” (closure) on the grounds that it violates the rights of the minority or the rules of procedure of the House of Commons;

– It provides advice and clarification on the rules of procedure of the House of Commons;

– It has disciplinary powers against troublemakers in the House;

– It confirms the correctness of the procedure to overcome the veto of the House of Lords;

– certifies the financial nature of the bill, under consideration by the House of Commons.

Speaker of the House of Commons does not participate in the debate. It can not belong to any of the presented to the House of political parties. This is usually the most respected and oldest deputy on a career member of the House of Commons. Its independence is ensured not only non-partisan position in the House, but the fact that the salary and later the pension is paid on the basis of law, not subject to market conditions.

In the Speaker is assisted by three of his deputy and clerk – is a person who performs the functions of the Secretary of the Chamber and advisor to the Speaker on matters of procedure and parliamentary privilege.

Questions of maintaining order and security in the House of Commons assigned to the bailiff.

Committees of the House of Commons: 1) Committees throughout the House (Committees of the whole House) represent the House of Commons in full, which is not a meeting held under the direction of the Speaker, as usual, and led by an elected chairman. This form of work of the House of Commons is used, as a rule, when deciding a constitutional matter. For example, when adopting the European Communities Act 1972 2) Standing Committees (Standing Committees) formed selection committee composed of 16—50 deputies to consider specific bills. Most standing committees are not specialized, but some of them are oriented in a certain way. For instance, legislative-earnment of the EU Committee, the Finance Bill, committees considering bills and other issues associated with Scotland and Wales, and so on. D. The number of standing committees is not restricted by law or the House of Commons rules, which may decide to set up Standing Committee for the consideration of any public bill. 3) Selected Committees (Select Committees) are formed from among the deputies, after consultation with the leaders of party factions and perform the functions delegated to them by the House of Commons. Selected committees are of four types: a) committees considering public bills or carrying out the examination on the most important matters dealt with in future legislation; b) committees considering private bills; c) the sessional committees, created at the beginning of each session of the House to deal with certain issues or perform the functions of a permanent nature. For example, the Selection Committee, Rules Committee, the Committee on Privileges, Committee on the procedure, according to the European Law Committee; The Committee on Public Reporting, g) committees to monitor the activity of ministries. They were first created in 1979 for the control of public authorities. Committees (a total of 14) working in close cooperation with the ministries. Areas of activity correspond to the functions of the ministries. For example, the Treasury Committee, the Committee on public reporting, etc. 4) Joint Committees of both Houses of Parliament, formed of their representatives, and posed for the consideration of non-political issues and some types of laws, such consolidated bills.

House of Lords – the second chamber of Parliament, which has its origin from the “Grand Council” (magnum

concilium), which existed in the Norman period of English history. The structure of “Grand Council” was the largest landowners, who served the king and is called “barons”. Over time, the “Big Board” underwent various changes, and based on it, the Chamber of Lords, whose members were called “peers” and to transfer the title and a seat in the House by inheritance.

Currently, the House of Lords has four types of membership: 1) spiritual Lords: Archbishops of York and Canterbury-sky and the bishops of the Anglican Church (26); 2) Lords of lawyers (12) 1; 3) hereditary peers: dukes, marquees, counts, viscounts and barons (the exact number varies from natural causes.

In general, the hereditary peers make up more than 60% of the total number of members of the House of Lords); 4) lifelong peers (about 36% of the members of the House of Lords). The Institute was established for life peerages Act lifelong peers 1958. In accordance with this law, persons who have rendered great service to the Crown, given the title of Baron or Baroness and lifetime seat in the House of Lords. Among life peers more than 50% are former members of the Pa-armor communities, the others – outstanding figures of literature and art, a retired representatives of industrial and financial businesses, diplomats and trade union leaders, retired with outstanding service to the state. The title is bestowed by the monarch on the recommendation of the Prime Minister.

Despite such a large part and active participation in the work of the House of Lords takes less of it, mostly lifelong peers and lords lawyers. Quorum is only 3 people.

At the head of the House of Lords is the Lord Chancellor, is part of the Cabinet and appointed by the monarch on the proposal of Pre-Prime Minister for a term of five years. As Lord Chancellor is not elected by the House, and appointed by the monarch, he has no authority, similar to the powers of the Speaker of the House of Commons. The Lord Chancellor has no disciplinary or any other rights to organize and control the debate taking place in the House of Lords. These powers are exercised by the House on their own on the basis of the privileges of its members and led by the Leader of the House, which became its leader the largest party faction. The Lord Chancellor is not only a figure head, on the contrary, it performs an important function in various areas of public life. The Lord Chancellor: a) is entitled to participate in the debate and speak on behalf of the Government, when the House of Lords sitting as Committee of the whole Chamber; b) estimates on a preliminary basis requests (hits) peers, sent to the Committee on Privileges; c) is the principal adviser to the Government on issues of justice and application of the Constitution; d) heads the judiciary, presiding in the House of Lords, sitting as the final court of appeal and the Judicial Committee of the Privy Council of the monarch; d) ex officio chairman is the chairman of the Court of Appeal and the High Court Chancery Division; e) plays a decisive role in the appointment of judges, as well as in the Commission on the reform of the legal system of the United Kingdom; g) issue orders to convene a session of the House of Lords and to hold parliamentary elections.

In the House of Lords Lord Chancellor has two deputies, elected annually by the Chamber at the beginning of the session.

The House of Lords established a committee to consider various issues of its competence. The most important are the Committee on Science and Technology and the European Union Affairs Committee.

Functions of the House of Lords can be summarized into three main groups: 1) legislation; 2) control; 3) court.

Legislative functions are carried out through participation in the legislative process, in particular in the following forms:

a) Amendments to the bills passed by the House of Commons;

b) Rejection of bills adopted by the House of Commons; c) is bills providing for endorsement by the International Treaties of Great Britain or received as part of legal reform, especially with regard to participation in the EU; d) the study of private bills and acts delegated legislation.

Control functions are manifested in the practice of ministers of the Government and the establishment of ad hoc committees to study the issues involved. Following discussions Lords informs the public and the Government.

The legislative process is to review in accordance with the procedure established by laws, which may be made in any of the Houses of Parliament. The exception is financial bills introduced only in the House of Commons.

Types of bills are under consideration in Parliament. Bills under consideration in the Parliament chambers, called Billy. They can be divided into three groups:

Public bills (Public Bills) – This is a bill for the great public importance of the issues, to regulate relations of general interest. The initiators of the introduction of public bills are members of both chambers of deputies – members of the Government. A bill introduced last, referred to as “Government Bill” and have precedence in the consideration of the House;

Private bills (Private Bills) are the laws governing the issues that affect the interests of a certain group or population of a certain territory. The initiators of private bills are usually local authorities or associations of persons. In the case of private bills to the special procedure for consideration and adoption;

Mixed bills (Hybrid Bills) – This is a bill that combines elements of both public and private bills. The criteria for determining a mixed bill is not clearly regulated. The general rule is to have a great social importance of the bill and the fact that at the same time it affects the interests of certain specific groups of individuals. However, the practice develops very contradictory. For example, a bill to nationalize the Bank of England was accepted as a mixed bill, and bills on the nationalization of the gas, electricity and coal industries as public bills.

Bills are considered in three readings. In the first reading, as a rule, announced the name of the bill, then it will be printed and distributed to the deputies. A second reading is held for 2—3 weeks. It discusses the general provisions of the bill, followed by referral to committees of the House, where the deputies and experts are studying the bill in detail. The third reading of the bill on the report of the head committee considered at the plenary session of the House. Deputies may hold debate, but, as a rule, the Speaker shall put the draft to a vote. If the bill receives a simple majority of votes-tion, it is sent to the second chamber. If the House of Lords to amend the bill, they are discussed in the House of Commons. Usually, the problem is solved by taking into account on the basis of compromise positions of both chambers of Parliament. If you cannot reach agreement, the House of Lords has the right to postpone the bill for one year (for financial matters – for one month). If both chambers pass the bill, it is sent to the monarch, and after its approval becomes law, published in the official newspaper.

Ways to limit debate on the bill. In order to ensure the effectiveness of the legislative process in the Parliament there are different ways to limit debate on the draft laws: 1) “termination of debate” on the bill at the request of 100 deputies, is directed to the Speaker of the House; 2) the method of “Kangaroo”, which consists in the discussion of individual articles of the bill and not just the main text; 3) the method of “guillotine”, assuming a fixed time to consider the issue, after which the discussion of automatically be terminated; 4) method of party discipline, and some others.

Along with legislative powers and the authority to adopt the budget the British Parliament performs other functions, important among which are for the Government’s activity control function.