Abstract

The duty of the House of Lords includes ensuring that legislation proposed by the Commons reflects the will of the British people, particularly on constitutional matters. The Lords’ role of constitutional guardian and their veto power are defined as well as justified by their non-elected status; they should not, therefore, be granted a democratic characteristic. The author submits that what undermines the Lords’ legitimacy to participate in the legislative process is their partisan status, safe for the crossbenchers and bishops. It will be observed that political parties have used the Upper Chamber as a vehicle of their political agenda for centuries, whereas the Lords’ role of constitutional guardian requires that they protect the people from the potentially arbitrary decisions taken in the Commons. Hence, it is the author’s submission that as political parties reflect on proposals for a more acceptable reform of the House of Lords, they should envisage the gradual replacement of its current members with non-partisan ones.

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