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Home > Law > Law glossary > Law glossary
Parliament Act (1911)
Last modified: Thu Feb 23 16:37:37 2006
This Act, and later enactments of the same name, gives the
HouseOfCommons the right to introduce new legislation against
the objection of the HouseOfLords.
Technically, the RoyalAssent is still needed for a
Statute to be created, but this is
a formality in modern times.
Traditionally the House of Lords has been dominated by hereditary peers, rather
than representatives of the populace. With peerages largely being the gift of
the monarch, the Lords could not be said to have a popular mandate to govern.
It was accepted as early as the 17th century that the Commons had clear
priority in certain matters, particularly financial ones. On other subjects
priority was less obvious, and many matters could not be resolved by agreement
between the Houses. In the 19th century it became accepted practice in these
cases for the Commons to advise the monarch to create enough new peers that
were sympathetic to its cause to overwhelm opposition from established peers,
or at least threaten to do so. In 1832 the Lords dropped its fervent opposition
to the Reform Bill promoted by the Liberal Party in the face of this tactic,
and this established the principle that the Lords should not oppose the Commons
when the latter clearly represented the will of the people.
However, the increased prevalence of popular election as a means of choosing
the Commons, combined with the beginnings of the party system of government,
led the Commons to assert its priority in a more general sense. While the Lords
would not challenge a Commons policy that was the will of the people, it
could assert that the only way the will of the people could be
determined was by a general election. This gave the Lords a political weapon;
if peers tended to side with the party which was not currently in the majority,
they could effectively bring about a general election. Since the Lords tended
to side with the Conservative party, a Liberal majority in the Commons was
obviously going to have problems exercising the priority that it felt it should
enjoy.
Matters came to a head in 1906 when the Lords rejected social reform measures
proposed by the Liberal Government of Lloyd George and supported by
the Commons. In 1907 the Government proposed measures to limit the power
of the Lords. Clearly this was not going to be acceptable to the Lords, which
responded by vetoing the 1909 Finance Bill. Even after two general elections in
1910 which returned the same Government to power, the Lords was not prepared to
accept the proposed reductions in its powers. The matter was only resolved when
King George V made it known that he was prepared to create 400 new
Liberal peers to overwhelm opposition.
Thus the Lords were compelled to accept the 1911 Act, which removed the power
to veto a `MoneyBill' altogether, and reduced the power of
veto in other
matters to a power to delay for two years. It also reduced the length of the
Parliamentary term from seven years to five.
Even this reduced power of veto allowed the Lords to disrupt the progress of
Bills offered in the last two years of a Parliamentary term, as it can seek to
delay the legislation beyond the next general election. This was a particular problem
in 1945 when the new Labour Government wanted to carry out a significant
program of nationalization against the wishes of the Lords. It therefore
had to invoke the 1911 Act to introduce the ParliamentAct1949,
which reduced the delaying power of the Lords to one year.
See:
ConstitutionalLegislation
LegislativeInstruments
Law glossary index
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