3.1.1.2a - Parliament - Commons, Lords and the Legislative Process
Scope: This lesson covers how the Commons and Lords are composed, what each House does in debate and law-making, how a bill becomes an Act, and how this expresses parliamentary sovereignty. It only signposts representation, committees, opposition and detailed executive scrutiny because those sit mainly in sibling lessons.
Parliament as Legislature
Parliament is the UK's legislature: the institution that makes, changes and repeals law. In constitutional terms Parliament is made up of three elements:
| Element | What it contributes |
|---|---|
| House of Commons | The elected chamber, made up of MPs. It gives government its normal democratic base and is the dominant House in law-making. |
| House of Lords | The second chamber, made up of peers and bishops rather than elected MPs. It revises bills, adds expertise and asks government to think again. |
| Monarch | Gives Royal Assent. Today this is a constitutional formality, but it completes the legal process by which a bill becomes an Act. |
The key vocabulary is precise. A bill is a proposal for a new law or a change to an existing law. An Act of Parliament is a bill that has passed the required stages and received Royal Assent. Legislation means law made by Parliament, especially Acts and delegated legislation.
Parliament has several roles, but this lesson focuses on four that matter directly to the Commons-Lords law-making relationship:
| Role | Meaning in this lesson |
|---|---|
| Legislation | Making, changing and repealing law. |
| Debate | Publicly testing proposals, motions and arguments in each House. |
| Revision | Examining the text of bills and suggesting amendments. |
| Sovereignty | Parliament's legal authority to create or end any law. |
Do not confuse Parliament with government. Government proposes policy and usually introduces most major bills. Parliament debates, amends, approves or rejects legislation. A government with a majority in the Commons often has a strong grip on the process, but that is political control, not the same thing as legal sovereignty.
Active reading: Why is it inaccurate to say that "the government makes law" without mentioning Parliament?
Commons: Elected Chamber
The House of Commons is the publicly elected chamber. The UK public elects 650 MPs, each representing a constituency. The party with the largest number of MPs normally forms the government, because a government needs to command confidence in the Commons to pass budgets and sustain its programme.
Current evidence helps show why the Commons is usually the decisive chamber. The House of Commons Library records that Labour won a majority at the 4 July 2024 general election, with 411 seats. On 22 June 2026, UK Parliament's live "State of the parties" page recorded Labour as a majority government with a working majority of 165 in a 650-seat Commons.
The Commons matters more than the Lords for three main reasons:
| Commons feature | Why it matters for law-making |
|---|---|
| Elected membership | MPs can claim democratic legitimacy because voters choose and remove them at general elections. |
| Government formation | The government normally comes from the largest Commons party and must manage Commons votes to pass its programme. |
| Financial privilege | The Commons controls financial bills such as taxation and public spending. The Lords can consider Money Bills but cannot block or amend them. |
In legislative debate, MPs do more than recite party lines. They can explain constituency concerns, probe a minister's case, support or oppose amendments, and create a public record of objections. However, party discipline matters. Government bills are often whipped, meaning governing-party MPs are expected to vote with ministers, especially on central manifesto and budget commitments.
This is why the Commons is both democratic and majoritarian. It is democratic because MPs are elected. It is majoritarian because a government majority can usually pass legislation unless its own MPs rebel or parliamentary time runs out.
Active reading: Give one reason the Commons has stronger democratic legitimacy than the Lords, and one reason that legitimacy does not guarantee detailed scrutiny.
Lords: Revising Chamber
The House of Lords is the second chamber of Parliament. It works with the Commons to make laws, check and challenge government, and provide independent expertise. Unlike MPs, Members of the Lords are not elected to represent constituencies. They are usually called peers or Members of the Lords, not MPs.
The Lords' composition gives it a different kind of authority from the Commons:
| Feature | Current evidence and significance |
|---|---|
| Unelected chamber | It lacks the direct electoral mandate of the Commons, so it normally avoids claiming equal authority over final decisions. |
| Large membership | On 22 June 2026, UK Parliament listed 775 eligible Members of the Lords. This makes it larger than the Commons, though not all members attend every sitting. |
| Mixed party balance | Eligible members included Conservatives 246, Labour 216, Crossbench 156 and Liberal Democrats 74. No government majority operates in the same simple way as in the Commons. |
| Crossbenchers and expertise | Crossbench members are not aligned to a party group. The Lords' case for influence often rests on revision, experience and specialist knowledge rather than election. |
| Bishops | UK Parliament listed 22 bishops among eligible Lords members, reflecting the Church of England's constitutional place. |
The Lords spends much of its chamber time on legislation. UK Parliament describes about 60 percent of Lords Chamber time as legislation and about 40 percent as scrutiny, questioning government and debating issues or policy. In law-making, its strongest role is revision: identifying technical problems, rights concerns, administrative gaps or unintended effects in bills.
There is also an important reform anchor. The House of Lords Act 1999 removed most hereditary peers but allowed 92 to remain. The House of Lords (Hereditary Peers) Act 2026 removed the remaining hereditary peers from membership, with 77 removed when the 2024-26 session ended on 29 April 2026. That is useful evidence both for composition and for sovereignty: Parliament can change the structure of Parliament by statute.
The Lords is therefore influential but subordinate. It can delay, revise and ask the Commons to think again; it cannot usually defeat the elected House's settled will.
Active reading: Why might an unelected chamber be useful in revising legislation, even if it should not normally have the final word?
Debate and Record
Parliamentary debate is formal political argument. It is not a casual discussion. In the Commons, a debate normally happens on a motion, which is a proposal the House can agree or disagree with. For a bill, the motion might be that the bill should be read a second time, which tests whether MPs accept its general principles.
Debate performs four functions:
| Function | How it works |
|---|---|
| Clarification | Ministers or bill sponsors explain what the proposal is meant to do. |
| Opposition | Opposition parties, backbenchers and Lords members identify weaknesses, costs or constitutional problems. |
| Representation | MPs and peers can raise constituency concerns, public campaigns, sector expertise or rights issues. |
| Decision | Debate can lead to a vote, known as a division, or to pressure for amendment or withdrawal. |
The Commons Speaker is central to order. MPs may speak only if called by the Speaker or a deputy, and the Speaker is politically impartial when chairing debate. The government controls most Commons sitting time, so many debates focus on government priorities. But opposition days, backbench debates, Westminster Hall debates and petition debates create other routes for issues to reach Parliament.
In the Lords, debate is often less dominated by a single governing majority. Members can test the policy detail and legal drafting of bills, especially at committee and report stages. Because the chamber contains many former ministers, lawyers, public servants, scientists, diplomats and campaigners, debate can become a form of expert pressure.
Hansard is the official report of parliamentary debates. It matters because arguments, promises, objections and ministerial explanations become part of the public record, making debate visible for voters, journalists, campaigners and later parliamentary scrutiny.
Parliamentary privilege helps make debate possible. It gives members of both Houses legal immunities, including freedom of speech in parliamentary proceedings and each House's right to regulate its own affairs. The point is not to place politicians above criticism; it is to let Parliament debate freely without outside interference.
Active reading: What is the difference between debate as "public discussion" and debate as a step towards a parliamentary decision?
Legislative Process
Most major bills are government bills, but bills can also come from backbench MPs, peers, private bodies or hybrid procedures. For this lesson, the key point is the ordinary public bill process: both Houses must agree the same text before a bill can become an Act.
Basic process map:
Policy idea or draft bill
-> First reading: formal introduction, no main debate
-> Second reading: debate and vote on the bill's principles
-> Committee stage: line-by-line examination and possible amendments
-> Report stage: whole House can consider further amendments
-> Third reading: final debate and approval in that House
-> Other House repeats its stages
-> Consideration of amendments: each House responds to the other's changes
-> Royal Assent: the King formally agrees; the bill becomes an Act
The stages matter because they ask different political questions:
| Stage | Main question |
|---|---|
| First reading | Has the bill been formally introduced and published? |
| Second reading | Does the House accept the bill's general purpose? |
| Committee stage | Does each clause work legally and practically? |
| Report stage | Should the full House make further changes? |
| Third reading | Should the House approve the final version available to it? |
| Consideration of amendments | Can both Houses agree identical wording? |
| Royal Assent | Has the bill completed Parliament and become law? |
The Commons and Lords have similar stages, but their political weight differs. In the Commons, a government majority can often drive the bill through. In the Lords, amendments may be easier to secure because the government does not necessarily control the chamber. That is why the Lords can be a powerful revising chamber even though it lacks final democratic authority.
When the two Houses disagree over amendments, the bill can move back and forth in ping pong. Each House considers whether to accept, reject or replace the other's changes. The House of Lords (Hereditary Peers) Bill is a recent example: in March 2026, the Lords considered Commons reasons for disagreeing with Lords amendments; the Lords accepted those reasons without a division, and the bill later appeared on the Parliamentary Bills site as the House of Lords (Hereditary Peers) Act 2026.
The Lords' power is limited by the Parliament Acts 1911 and 1949. Money Bills must start in the Commons and can receive Royal Assent no more than a month after being introduced in the Lords even if the Lords has not passed them. Most other Commons Bills can be delayed by the Lords for about a year, but the Commons can ultimately pass them without Lords consent if the legal conditions are met. The Salisbury Convention also means the Lords normally does not vote down government bills promised in the governing party's manifesto.
Active reading: At which stage would you expect the most detailed amendment work, and why?
Sovereignty and Judgement
Parliamentary sovereignty is the principle that Parliament is the supreme legal authority in the UK. It can create or end any law. Generally, courts cannot overrule Acts of Parliament, and one Parliament cannot bind a future Parliament so completely that a later Parliament cannot change the law.
This is easiest to see through legislation. If Parliament passes an Act after the Commons, Lords and Royal Assent stages, that Act is the highest form of domestic law. The House of Lords (Hereditary Peers) Act 2026 is a clear example: Parliament used ordinary legislation to alter the membership basis of one of its own Houses.
However, AQA answers need a sharper distinction than "Parliament is powerful". There are at least three layers:
| Layer | What to say |
|---|---|
| Legal sovereignty | Parliament can make or unmake law; courts generally cannot strike down primary legislation. |
| Commons primacy | In practice, the elected Commons has priority over the Lords, especially on money bills and under the Parliament Acts. |
| Political constraint | Governments need party unity, parliamentary time, public legitimacy, expert criticism and workable drafting. The Lords can delay and force reconsideration even when it cannot finally veto. |
Developments such as devolution, the Human Rights Act 1998, EU membership and exit, and the UK Supreme Court affect how sovereignty works in practice. But they do not remove the legal principle, because Parliament could, in theory, repeal or change the statutes that created those arrangements. That is why sovereignty is a legal doctrine with political limits, not a claim that every parliamentary choice is easy or consequence-free.
For evaluative answers, avoid two weak extremes:
| Weak answer | Stronger answer |
|---|---|
| "The Commons is elected, so the Lords does not matter." | The Commons has the final democratic claim, but the Lords can improve bills through expertise, delay and amendments. |
| "The Lords can amend bills, so it is equal to the Commons." | The Lords is influential in revision but legally and conventionally subordinate, especially on manifesto bills and money bills. |
| "Parliament is sovereign, so courts and voters are irrelevant." | Parliament is legally sovereign, but political legitimacy, rights arguments, devolution and electoral pressure shape how that power is used. |
A strong judgement for this lesson is: Parliament's law-making power is legally sovereign, but the process is not a simple rubber stamp. The Commons supplies elected authority and government control; the Lords supplies revision and delay; debate creates public justification; and Royal Assent completes the statute. The tension between democratic primacy and expert revision is the core debate students should carry into exam answers.
Active reading: Which matters more in practice for passing ordinary government bills: parliamentary sovereignty, Commons majority control, or Lords revision? Give a one-sentence judgement.