Contents

Introduction
Origin of the House of Lords
Origin of the House of Commons
Composition of both the Houses
Functions
Relationship with government
Powers of the Houses
Conclusion

COMPARISON BETWEEN THE HOUSE LORDS

AND THE HOUSE OF COMMONS.
PREPARED FOR:
Sir Hassan Masood
Political Science Department
PREPARED BY:
Abubakar Saddique
1184
Government College University
Lahore.

COMPARISON BETWEEN HOUSE OF LORDS

AND HOUSE OF COMMONS

Introduction:
The House of Commons is the popularly elected component of Parliament, consisting of
650 members. Members of the government sit in, and are answerable to the House of
Commons. Most major government legislation is introduced in the House. The House of
Commons alone is constitutionally authorized to introduce legislation concerned with the
raising or spending of funds. The House is also a place where MPs hold the government
to account, discuss national issues, and represent constituents views. The UK public
elects 650 Members of Parliament (MPs) to represent their interests and concerns in the
House of Commons. MPs consider and propose new laws, and can scrutinize government
policies by asking ministers questions about current issues either in the Commons
Chamber or in Committees.
The House of Lords is the upper house of the Parliament of the United Kingdom. Like
the House of Commons, it meets in the Palace of Westminster. Bills can be introduced
into either the House of Lords or the House of Commons and members of the Lords may
also take on roles as Government Ministers. The House of Lords has its own support
services, separate from the Commons, including the House of Lords Library.
Unlike the elected House of Commons, most new members of the House of Lords are
appointed. Membership of the House of Lords is made up of Lords Spiritual and Lords
Temporal. There are currently 26 Lords Spiritual who sit in the Lords by virtue of their
ecclesiastical role in the established Church of England. The Lords Temporal make up the
rest of the membership; of these, the majority are life peers who are appointed by the
Monarch on the advice of the Prime Minister, or on the advice of the House of Lords
Appointments Commission.

Origin of the House of Lords:

Thee origins of the House of Commons date from the second half of the 13th century,
when landholders and other property owners in the counties and towns began sending
representatives to Parliament to present grievances and petitions to the king and to accept
commitments to the payment of taxes. In the 14th century the knights and burgesses
chosen as representatives (i.e., the commons) began sitting in a separate chamber, or
house, from that used by the nobles and high clergy (i.e., the lords).
The House of Lords was initially the more powerful of the two houses, but over the
centuries its powers gradually diminished. By the late 17th century, the House of
Commons had gained the sole right to initiate taxation measures. The House of Lords
retained its veto power over bills passed by the Commons, however, and in 1832 the only
recourse of the Liberal Party government was to threaten to flood the House of Lords
with new Liberal peers in order to prevent it from rejecting that governments Reform
Bill. Eighty years later the same threat was used, again by a Liberal government, to
compel the Lords to approve the Parliament Act of 1911, which enabled a majority of the
House of Commons to override the Lords rejection of a bill. Under this act, the House of
Lords lost the power to delay legislation passed by the Commons for the raising and
spending of revenue; it also lost the power to delay other legislation for a period beyond
two years (reduced in 1949 to one year). The act also reduced the maximum duration of a
parliamentary session to five years.
The Parliament of England developed from the Magnum Concilium, the "Great Council"
that advised the King during medieval times. This royal council came to be composed of
ecclesiastics, noblemen, and representatives of the counties (afterwards, representatives
of the boroughs as well).
Richard Foot. Timeline: A brief history of constituion. Canwest News Service. 15 January 2009:
http://www.canada.com/life/story.html?id=1181297

Mazhar-ul-Haq, Political Science theory and Practice (Lahore: Bookland, 1959), pp. 364-365.

Origin of the House of Commons:

The origins of the House of Commons date from the second half of the 13th century,
when landholders and other property owners in the counties and towns began sending
representatives to Parliament to present grievances and petitions to the king and to accept
commitments to the payment of taxes. In the 14th century the knights and burgesses
chosen as representatives (i.e., the commons) began sitting in a separate chamber, or
house, from that used by the nobles and high clergy (i.e., the lords).
The House of Lords was initially the more powerful of the two houses, but over the
centuries its powers gradually diminished. By the late 17th century, the House of
Commons had gained the sole right to initiate taxation measures. The House of Lords
retained its veto power over bills passed by the Commons, however, and in 1832 the only
recourse of the Liberal Party government was to threaten to flood the House of Lords
with new Liberal peers in order to prevent it from rejecting that governments Reform
Bill. Eighty years later the same threat was used, again by a Liberal government, to
compel the Lords to approve the Parliament Act of 1911, which enabled a majority of the
House of Commons to override the Lords rejection of a bill. Under this act, the House of
Lords lost the power to delay legislation passed by the Commons for the raising and
spending of revenue; it also lost the power to delay other legislation for a period beyond
two years (reduced in 1949 to one year). The act also reduced the maximum duration of a
parliamentary session to five years.

Composition of House of Lords:

Unlike the elected House of Commons, most new members of the House of Lords are
appointed. Membership of the House of Lords is made up of Lords Spiritual and Lords
Temporal. There are currently 26 Lords Spiritual who sit in the Lords by virtue of their
ecclesiastical role in the established Church of England.
http://www.merriam-webster.com/dictionary/democracy

Professor M.A Malik , Outlines of the constitution of the United Kingdom (Lahore: Pld
Publisher, 2013),.

The Lords Temporal make up the rest of the membership; of these, the majority are life
peers who are appointed by the Monarch on the advice of the Prime Minister, or on the
advice of the House of Lords Appointments Commission.
Membership was once a birthright of hereditary peers. Following a series of reforms, 92
members (as of 1 July 2011) still sit by virtue of a hereditary peerage. Since males can
only inherit the vast majority of hereditary peerages, only one of these 92 is currently a
woman. The number of members is not fixed; as of 11 June 2012 the House of Lords has
763 members (not including 49 who are on leave of absence or are otherwise disqualified
from sitting), unlike the House of Commons, which has a 650-seat fixed membership.
Several different qualifications apply for membership of the House of Lords. No person
may sit in the House of Lords if under the age of 21. Furthermore, only citizens of the
United Kingdom, Commonwealth citizens, and citizens of Ireland may sit in the House of
Lords. The nationality restrictions were previously more stringent: under the Act of
Settlement 1701, and prior to the British Nationality Act 1948, only natural-born subjects
were qualified.
Women were excluded from the House of Lords until the Life Peerages Act, passed in
1958 to address the declining number of active members, made possible the creation of
peerages for life. Women were immediately eligible and four were among the first life
peers appointed. However, hereditary peeresses continued to be excluded until the
passage of the Peerage Act 1963. Since the passage of the House of Lords Act 1999,
hereditary peeresses remain eligible for election to the Upper House; there are two among
the 90 hereditary peers who continue to sit.

Denis Mic, Constitution of U.K(Oxford: Bookland, 1959), P. 365.

http://wiki.answers.com/Q/Difference_between_presidential_system_and_parliamentary_system

Composition of House of Commons:

The average age of MPs following the election has fallen slightly to 50 years old.
Over the last 30 years the average age of MPs following elections has remained stable
around this level, though perhaps contrary to the opinion of some long-serving Members.
Despite increases in the ethnic diversity of MPs, the number of women and a fall in the
average age, the population of the House of Commons remains very different to the UK
population it serves. Some of the most marked differences between the UK population
and MPs are seen in education. 90% of MPs are university graduates, compared with
20% across the adult population. Over a quarter of MPs went to Oxford or Cambridge.
More than one-third of MPs elected in 2010 attended fee paying schools (including
twenty Old Estonians), compared with less than 10% of the adult population. The House
of Commons is more reflective of the population it represents than ever before.
However, it remains the case that more than 400 MPs, 62% of the total, are white men
aged over 40.

Functions of House of Commons and House of Lords:

1) Parliaments Role:

Parliament is an essential part of UK politics. Its main roles are:

Examining and challenging the work of the government (scrutiny)

Debating and passing all laws (legislation)

Enabling the government to raise taxes

The two-House system:

The business of Parliament takes place in two Houses: the House of Commons and the
House of Lords.

Checking the work of government:

Parliament examines and challenges the work of government.

Legislation:
Parliament is responsible for approving new laws (legislation).

Debate:
Both Houses of Parliament hold debates in which Members discuss government policy,
proposed legislation and current issues.

Rules and customs:

The origins of Parliament go back to the 13th century, so there are many rules about how
it runs.

Traditions of Parliament:
A number of traditions are involved in the working of Parliament.

Parliament and government:

Parliament and government both play a part in forming the laws of the United Kingdom.

Parliament and Crown:

Along with the House of Commons and the House of Lords, the Crown is an integral part
of the institution of Parliament.

Devolved Parliaments and Assemblies:

UK devolution created a national Parliament in Scotland, a national Assembly in Wales
and a national Assembly in Northern Ireland.

Europe:
The UK is one of 28 member states of the European Union and is subject to European
Union (EU) legislation.

2) Legislation:
One of Parliament's main roles is debating and passing laws.

Why are new laws needed?

Find out why new laws are made and how they are developed.

Draft Bills:
Draft Bills are Bills issued for consultation before being formally introduced to
Parliament.

Bills:

A Bill is a proposal for a new law, or a proposal to change an existing law that is
presented for debate before Parliament.

Passage of a Bill:
How does a Bill become an Act? Find out the stages a Bill goes through before it
becomes law.

Acts:
An Act of Parliament creates a new law or changes an existing law.

Delegated legislation:
Delegated or secondary legislation is usually concerned with detailed changes to the law
made under powers from an existing Act of Parliament.

The Parliament Acts:

Although rarely used, the Parliament Acts provide a way of solving disagreement
between the Commons and the Lords.

Method of Legislation:
Bills may be introduced in either house, though controversial bills normally originate in
the House of Commons. The supremacy of the Commons in legislative matters is assured
by the Parliament Acts, under which certain types of bills may be presented for the Royal
Assent without the consent of the House of Lords. The Lords may not delay a money bill
(a bill that, in the view of the Speaker of the House of Commons, solely concerns
national taxation or public funds) for more than one month. Moreover, the Lords may not
delay most other public bills for more than two parliamentary sessions, or one calendar
year. These provisions, however, only apply to public bills that originate in the House of
Commons. Moreover, a bill that seeks to extend a parliamentary term beyond five years
requires the consent of the House of Lords.

By a custom that prevailed even before the Parliament Acts, only the House of Commons
may originate bills concerning taxation or Supply. Furthermore, supply bills passed by
the House of Commons are immune to amendments in the House of Lords. In addition,
the House of Lords is barred from amending a bill so as to insert a taxation or supplyrelated provision, but the House of Commons often waives its privileges and allows the
Lords to make amendments with financial implications. Under a separate convention,
known as the Salisbury Convention, the House of Lords do not seek to oppose legislation
promised in the Government's election manifesto. Hence, as the power of the House of
Lords has been severely curtailed by statute and by practice, the House of Commons are
clearly the most powerful branches of Parliament.
The House of Lords debates legislation, and has power to amend or reject bills.
However, the power of the Lords to reject a bill passed by the House of Commons is
severely restricted by the Parliament Acts. Under those Acts, certain types of bills may be
presented for the Royal Assent without the consent of the House of Lords (i.e. the
Commons can override the Lords' veto). The House of Lords cannot delay a money bill (a
bill that, in the view of the Speaker of the House of Commons, solely concerns national
taxation or public funds) for more than one month.
The House of Lords cannot delay other public bills for more than two parliamentary
sessions, or one calendar year. These provisions, however, only apply to public bills that
originate in the House of Commons, and cannot have the effect of extending a
parliamentary term beyond five years. A further restriction is a constitutional convention
known as the Salisbury Convention, which means that the House of Lords does not
oppose legislation promised in the Government's election manifesto.

ibid
http://www.merriam-webster.com/dictionary/dictatorship?show=0&t=1360476664

Relationship with the Government Of House Of Commons:

Although it does not formally elect the prime minister, the position of the parties in the
House of Commons is of overriding importance. By convention, the prime minister is
answerable to, and must maintain the support of, the House of Commons.

Thus, whenever the office of prime minister falls vacant, the Sovereign appoints the
person who has the support of the House, or who is most likely to command the support
of the Housenormally the leader of the largest party in the Commons.

(The leader of the second-largest party becomes the Leader of the Opposition.) Since
1963, by convention, the prime minister is always a member of the House of Commons,
rather than the House of Lords.
The Lower House may indicate its lack of support for the Government by rejecting a
Motion of confidence or by passing a Motion of no confidence. Confidence and no
confidence motions are sometimes phrased explicitly, for instance: "That this House has
no confidence in Her Majesty's Government." Many other motions were considered
confidence issues, even though not explicitly phrased as such. In particular, important
bills that form a part of the Government's agenda were formerly considered matters of
confidence, as is the annual Budget. When a Government has lost the confidence of the
House of Commons, the prime minister is obliged to either resign, making way for
another MP who can command confidence, or request the monarch to dissolve
Parliament, thereby precipitating a general election. Parliament normally sits for a
maximum term of five years. Formerly, the prime minister was able to choose the timing
of the dissolution of parliament up until this time had elapsed with the permission of the
Monarch. However, since the Fixed-term Parliaments Act, terms are now a fixed at five

years, with only a vote of no-confidence or a two-thirds majority able to bring about an
early general election.

Relationship with the Government of House of Lords:

The House of Lords does not control the term of the Prime Minister or of the
Government. Only the Lower House may force the Prime Minister to resign or call
elections by passing a motion of no confidence or by withdrawing supply. Thus, the
House of Lords' oversight of the government is limited.
The House of Lords remains a source for junior ministers and members of government.
Like the House of Commons, the Lords also have a Government Chief Whip as well as
several Junior Whips. Where a government department is not represented by a minister in
the Lords or one is not available, government whips will act as spokesmen for them

3) Committee System:
The Parliament of the UK uses committees for a variety of purposes, e.g., for the review
of bills. Committees consider bills in detail, and may make amendments. Bills of great
constitutional importance, as well as some important financial measures, are usually sent
to the "Committee of the Whole House", a body that includes all members of the
Commons. Instead of the Speaker, the Chairman or a Deputy Chairman of Ways and
Means presides. The Committee meets in the House of Commons Chamber.
Most bills were until 2006 considered by Standing Committees, which consisted of
between 16 and 50 members. The membership of each Standing Committee roughly
reflected the strength of the parties in the House. The membership of Standing
Committees changed constantly; new Members were assigned each time the committee
considered a new bill. There was no formal limit on the number of Standing Committees,
but usually only ten existed. Rarely, a bill was committed to a Special Standing

Committee, which investigated and held hearings on the issues raised. In November
2006, Public Bill Committees replaced Standing Committees.
The House of Commons also has several Departmental Select Committees. The
membership of these bodies, like that of the Standing Committees, reflects the strength of
the parties. Each committee elects its own Chairman. The primary function of a
Departmental Select Committee is to scrutinize and investigate the activities of a
particular government department.

To fulfill these aims, it is permitted to hold hearings and collect evidence.

Bills may be referred to Departmental Select Committees, but such a procedure is
seldom used.
A separate type of Select Committee is the Domestic Committee. Domestic Committees
oversee the administration of the House and the services provided to Members.

Other committees of the House of Commons include Joint Committees (which also
include members of the House of Lords), the Committee on Standards and Privileges
(which considers questions of parliamentary privilege, as well as matters relating to the
conduct of the members), and the Committee of Selection (which determines the
membership of other committees).
Much of the work of the House of Commons and the House of Lords takes place in
committees, made up of around 10 to 50 MPs or Lords. These committees examine issues
in detail, from government policy and proposed new laws, to wider topics like the
economy.
http://people.howstuffworks.com/dictator1.htm
http://www.britannica.com/EBchecked/topic/162240/Britishconstitution

Select Committees:
Select Committees work in both Houses. They check and report on areas ranging from
the work of government departments to economic affairs.

Joint Committees:
Joint Committees are committees consisting of MPs and Lords.

General Committees (including Public Bill Committees):

These committees are unique to the Commons and mainly look at proposed legislation in
detail. They include all committees formerly known as Standing Committees. The House
of Commons has three Grand Committees

Grand Committees:
The Commons has three Grand Committees, which look at questions on Scotland, Wales
and Northern Ireland. Grand Committees in the Lords debate Bills outside the Lords
Chamber.

4) Prime Political Forum:

The most general and pervasive function is that the House of Commons provide the
prime political forum in the country. In other words, it amounts to a convenient (and
usually non-violent) setting for the exchange of views between Government and
opposition. This idea of a political forum in theory is taken further in reality in that
following a General Election, the choice of Government is a matter for the Commons in

the senses that: The leader of the party with the greatest number of MPs (not necessarily
the greatest number of votes) is expected to become Prime Minister
Prime Minister then chooses the political heads of the Government (the Cabinet and
Ministers) from existing Commons Members of Parliament (though there are also about
25 out of about 120 chosen from the House of Lords). This picture of the Commons as a
direct broker of Governments is probably exaggerated. The Electorate now largely
determines the choice, so that the Government is really settled on election night and not a
week or so later when Parliament actually assembles - unless perhaps no party wins an
overall majority. The conflicting interpretations being presented here have been
categorized as two different models
The Westminster model - power flows from the electorate to Parliament that chooses and
controls the executive.
The Whitehall model - the electorate chooses the Government and Parliament is there to
confirm that choice as an electoral college and then to serve Government and ensure it
works effectively in accordance with its mandate. The role of MPs is on this view to
facilitate and improve Government programmer by exploring and testing them but
ultimately approving them. In short, Parliament is a critical rather than governmental
body.

5) SCRUTINY OF POLICIES AND ADMINISTRATION:

The Commons next has the task of scrutinizing the Government's policies and
administration of its policies. Again note that Parliament has few policies of its own and
certainly no coherent overall programmed which rivals that of the Government - its
functions are mainly to examine and react to the Government's policies and actions. The
alternative to the Government is the Official Opposition not Parliament per se.
This point is well made by John Stuart Mill:

"Instead of the function of governing, for which is radically unfit, the

proper office of a representative assembly is to watch and control the
government..."

Parliament is expected to sustain, scrutinize and influence rather than block Government.
After all, most MPs are elected on the basis that they support the Government's policies.
Parliament thus provides legitimating for Government in the sense that its approval can
be seen as representing the assent of the electorate.

6) Specific Readdress:
The final task of the Commons is the redress of specific grievances. All MPs, even the
Prime Minster, are elected by a specific locality (constituency) in which they are the sole
representative and link with Parliament. It follows that they are seen as having
constituency interests and responsibilities. In other words, they ask questions or raise
matters in debate concerning the problems of their area and constituents. This work is
often done informally and behind the scenes by meetings in the constituency and by
letters to, and discussion with, Ministers or civil servants

Judicial Role of House of Lords:

The judicial functions could also be exercised by Lords of Appeal (other members of the
House who happened to have held high judicial office). No Lord of Appeal in Ordinary or
Lord of Appeal could sit judicially beyond the age of seventy-five. The Senior Lord of
Appeal in Ordinary and his or her deputy, the Second Senior Lord of Appeal in Ordinary,
supervised the judicial business of the Lords.
The jurisdiction of the House of Lords extended, in civil and in criminal cases, to appeals
from the courts of England and Wales, and of Northern Ireland. From Scotland, appeals
were possible only in civil cases; Scotland's High Court of Justiciary is the highest court
in criminal matters. The House of Lords was not the United Kingdom's only court of last

resort; in some cases, the Judicial Committee of the Privy Council performs such a
function. The jurisdiction of the Privy Council in the United Kingdom, however, is
relatively restricted; it encompasses appeals from ecclesiastical courts, disputes under the
House of Commons Disqualification Act 1975, and a few other minor matters. Issues
related to devolution were transferred from the Privy Council to the Supreme Court in
2009.
The twelve Law Lords did not all hear every case; rather, after World War II cases were
heard by panels known as Appellate Committees, each of which normally consisted of
five members (selected by the Senior Lord). An Appellate Committee hearing an
important case could consist of more than five members. Though Appellate Committees
met in separate committee rooms, judgments were given in the Lords Chamber itself. No
further appeal lay from the House of Lords, although the House of Lords could refer a
"preliminary question" to the European Court of Justice in cases involving an element of
European Union law, and a case could be brought at the European Court of Human
Rights if the House of Lords did not provide a satisfactory remedy in cases where the
European Convention on Human Rights was imposed.
Wade & Philip, English Constitutional Law ( England: Oxford, 2001), pp. 121-195

A distinct judicial functionone in which the whole House used to participateis that of
trying impeachments. Impeachments were brought by the House of Commons, and tried
in the House of Lords; a conviction required only a majority of the Lords voting.
Impeachments, however, are to all intents and purposes obsolete; the last impeachment
was that of Henry Dundas, 1st Viscount Melville in 1806.

7) Disciplinary Powers of House of Lords:

By contrast with the House of Commons, the House of Lords have not had an established
procedure for putting sanctions on its members. There are two other motions which have
grown up through custom and practice and which govern questionable conduct within the

House. A member standing up, possibly intervening on another member, and moving the
motion without notice brings them into play. When the debate is getting excessively
heated, it is open to a member to move "that the Standing Order on Asperity of Speech be
read by the Clerk".

Speakers Decision Rule:

Speaker Denison's rule is a constitutional convention established by 19th century
Speaker of the British House of Commons John Evenly Denison, regarding how the
Speaker decides on his casting vote in the event of a tie.
The principle is to always vote in favor of further debate, or, where no further debate is
possible, to vote in favor of the status quo. For example, the Speaker will vote:

In favor of early readings of bills

Against amendments to bills

Against the final enactment of a bill

Against motions of no confidence

The thinking behind the rule is that change should only occur if an actual majority vote in
favor of change. So say a bill was introduced to ban all blue cars. If the vote in the House
of Commons was 301-300 in favors, then Parliament wants to ban blue cars and blue cars
are banned. But if the vote was tied on 300-300, then it cannot be said that Parliament
wants to ban blue cars, so why should blue cars be banned?
Speaker Denison's rule is now a guiding principle in many other bodies, which have
neutral chairpersons.

Denis Mic, Constitution of U.K(Oxford: Bookland, 1959), P. 399.

Resignation from the British House of Commons:

Members of Parliament sitting in the House of Commons in the United Kingdom are
technically forbidden to resign. To circumvent this prohibition, a legal fiction is used.
Appointment to an "office of profit under the Crown" disqualifies an individual from
sitting as a Member of Parliament (MP).

Conclusion:
Hence the House of Commons is the lower house of the Parliament of the United
Kingdom which, like the House of Lords (the upper house), meets in the Palace of
Westminster. The Commons is an elected body consisting of 650 members known as
Members of Parliament (MPs). Members are elected to represent constituencies by firstpast-the-post and hold their seats until Parliament is dissolved.
A House of Commons of England evolved at some point in England during the 14th
century, becoming the House of Commons of Great Britain after the political union with
Scotland in 1707 and in the nineteenth century the United Kingdom of Great Britain and
Ireland after the political union with Ireland before assuming its current title after
independence was given to the Irish Free State in 1922.
Under the Parliament Act 1911, the Lords' power to reject legislation was reduced to a
delaying power. The Government is primarily responsible to the House of Commons and
the prime minister stays in office only as long as he or she retains its support.
The House of Lords scrutinizes Bills that have been approved by the House of
Commons. It regularly reviews and amends Bills from the Commons. While it is unable
to prevent Bills passing into law, except in certain limited circumstances, it can delay
Bills and force the Commons to reconsider its decisions. In this capacity, the Lords act as
a constitutional safeguard that is independent from the electoral process. In addition to its

role as the upper house, until the establishment of the Supreme Court in 2009, the House
of Lords, through the Law Lords, acted as the final court of appeal in the UK judicial
system.
The Queen's Speech is delivered from the House of Lords during the State Opening of
Parliament. The House also has a Church of England role, in that Church Measures must
be tabled within the House through the Lords Spiritual.

Bibliography:
Professor M.A Malik , Outlines of the constitution of the United Kingdom (Lahore: Pld
Publisher, 2013),.
Wade & Philip, English Constitutional Law (Pld Publisher: Bookland, 2012), pp. 364-365.s
Denis Mic, Constitution of U.K(Oxford: Bookland, 1959), P. 365.

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