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In addition to its legislative functions, Parliament also performs several judicial functions. The Queen-in-Parliament constitutes the highest court in the realm for most purposes, but the Privy Council has jurisdiction in some cases (for instance, appeals from ecclesiastical courts). The jurisdiction of Parliament arises from the ancient custom of petitioning the Houses to redress grievances and to do justice. The House of Commons ceased considering petitions to reverse the judgements of lower courts in 1399, effectively leaving the House of Lords as the realm's court of last resort. In modern times, the judicial functions of the House of Lords are performed not by the whole House, but by a group of "Lords of Appeal in Ordinary" (judges granted life peerage dignities under the Appellate Jurisdiction Act 1876 by the Sovereign) and by "Lords of Appeal" (other peers with experience in the judiciary). The Lords of Appeal in Ordinary and Lords of Appeal (or "Law Lords") are Lords of Parliament, but normally do not vote or speak on political matters.
Certain other judicial functions have historically been performed by the House of Lords. Until 1948, it was the body in which peers of the Realm had to be tried for felonies or high treason; now, peers are tried by normal juries. Furthermore, when the House of Commons impeaches an individual, the trial takes place in the House of Lords. Impeachments, however, are now obsolete; the last impeachment occurred in 1806.
The British Government is answerable to the House of Commons. However, neither the Prime Minister nor members of the Government are elected by the House of Commons. Instead, the Queen requests the person most likely to command the support of a majority in the House, normally the leader of the largest party in the House of Commons, to form a government. So that they may be accountable to the Lower House, the Prime Minister and most members of the Cabinet are members of the House of Commons instead of the House of Lords. The last Prime Minister to be a Lord of Parliament was Alec Douglas-Home, 14th Earl of Home, who became Prime Minister in 1963. Nevertheless, to adhere to the convention under which he was responsible to the Lower House, Lord Home disclaimed his peerage dignity and procured election to the House of Commons.
Parliament controls the executive by passing or rejecting its Bills and by forcing Ministers of the Crown to answer for their actions, either at "Question Time" or during meetings of the parliamentary committees. In both cases, the Ministers are asked questions by members of their Houses, and are obliged to answer.
Although the House of Lords may scrutinise the executive through Question Time and through its committees, it cannot bring about the end of a Government. A ministry must, however, always retain the confidence and support of the House of Commons. The Lower House may indicate its lack of support by rejecting a Motion of Confidence or by passing a Motion of No Confidence. Confidence Motions are generally originated by the Government in order to reinforce its support in the House, whilst No Confidence Motions are introduced by the Opposition. The motions sometimes take the form "That this House has [no] confidence in Her Majesty's Government" but several other varieties, many referring to specific policies supported or opposed by Parliament, are often used. For instance, a Confidence Motion of 1992 used the form, "That this House expresses the support for the economic policy of Her Majesty's Government." Such a motion may theoretically be introduced in the House of Lords, but, as the Government need not enjoy the confidence of that House, would not be of the same effect as a similar motion in the House of Commons; the only modern instance of such an occurrence involves the No Confidence Motion that was introduced in 1993, and subsequently defeated.
Many votes are considered votes of confidence, although not specifically involving the language mentioned above. Important bills that form part of the Government's agenda (as stated in the Speech from the Throne) are generally considered matters of confidence. The defeat of such a bill by the House of Commons indicates that a Government no longer has the confidence of that House. Furthermore, the same effect is achieved if the House of Commons "withdraws Supply," that is, rejects the Budget.
Where a Government has lost the confidence of the House of Commons, the Prime Minister is obliged to either resign, or seek the dissolution of Parliament and a new general election. Where a Prime Minister has ceased to retain a majority in that vote and requests a dissolution, the Sovereign can in theory reject his request, forcing his resignation and allowing the Leader of the Opposition to be asked to form a new government. This power however is supposed to be used extremely rarely. The conditions that should be met to allow such a refusal are known as the Lascelles Principles. Note, however, that these conditions and principles are merely informal conventions; it is possible, though highly improbable, for the Sovereign to refuse a dissolution for no reason at all.
In practice, the House of Commons' scrutiny of the Government is very weak. Since the First-Past-the-Post electoral system is employed in elections, the governing party tends to enjoy a large majority in the Commons; there is often limited need to compromise with other parties. Modern British political parties are so tightly organised that they leave relatively little room for free action by their MPs. In many cases, MPs may be expelled from their parties for voting against the instructions of party leaders. During the twentieth century, the Government has lost confidence issues only thrice—twice in 1924, and once in 1979.
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