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Essay / Research Paper Abstract
This 9 page paper considers the validity of the quote “Parliament is not there to govern: that is for the executive. Parliament exists to represent the views and opinions of the people and to influence, constrain and demand justification for the actions of government and to give them legitimacy”. This is a UK law paper. The bibliography cites 5 sources.
Page Count:
9 pages (~225 words per page)
File: TS14_TEparlim.rtf
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Unformatted sample text from the term paper:
for the actions of government and to give them legitimacy" (Barnett, 2002; 456). It is generally accepted that the role played by parliament is that of representation of the
people. Since the action by the Barons and the signing of the Magna Carta there has been a role for representation, however this is now far more complex with checks
and balances in the system so that there is a separation of the powers and Parliament may not overstep its powers. However, it is parliament that laws down the laws,
and in effect may be seen as enforcing them though the actions taken, indeed, as an arm of government that is then obliged to enact and enforce the regulations and
directives the situation may not be as clear as it once was. When we consider the role of parliament in the governing and law making process we need to
consider that they are both the legislators, that are supposed to act on their democratic proxy, to bring about the will of the people as well as the role of
the law lords as the dispensers of justice and the final appeal (Marston and Ward, 1995). We need to consider the set
up and the role of parliament in order to best understand the role it plays within the legislation. It is through this separation of the powers the executive is defined
as governing. The first aspect is to consider how these powers are set out with reference to the three arms of the constitution. Montescquieu noted that the government had three
sections the Legislature, Executive and Judicial. In order for political liberty to be preserved the constitution must separate the three sections and that they remain independent of each other (James,
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