Transcript Institutions of Government  Traditional Elements – – – – – Antiquated features Gradualism The Monarchy The House of Lords Parliament Role of the Monarchy  Queen—The Monarchy – Queen must give royal assent to all.

Institutions of Government

Traditional Elements
–
–
–
–
–
Antiquated features
Gradualism
The Monarchy
The House of Lords
Parliament
Role of the Monarchy

Queen—The Monarchy
– Queen must give royal
assent to all legislation
passed by both houses of
Parliament
– Opens Parliament and
dissolves it.
– Formally makes treaties
with foreign states, creates
peerages, makes many top
appointments in civil
service, armed forces and
judiciary.
Role of the Monarchy

Constitutionally bound to
take the advice of the
Prime Minister
– “Queen must sign her own
death warrant if the two
Houses unanimously send
it up to her.”
– Last sovereign to refuse
royal assent was Queen
Anne in 1707

Queen’s role would be
heightened if a general
election produces no
clear majority.

Called the Palace at Westminster—the
houses of Parliament sit on an 8 acre site
with 1100 rooms (an old fashioned
gentleman’s club)
Structure of British Government
British Parliament





Parliament is derived from the French word
“parler”—to speak or talk
1265—Simon de Montfort established the first
parliament
After Henry VIII no monarch would actually live
there
Great fire in 1834 came as a result of members
overstoking the fire in the House of Lords
furnace
From 1840-52 it was reconstructed
British Parliament

British constitution—noted for FORM and
ANTIQUITY
– No form, but mostly written down
– Combination of statutory law, common law
convention, and authoritative interpretations.
– Held together by Parliament which, in theory
at least, has the power to repeal any law it
likes.
– Constitutional changes long lasting
British Parliament

Constitutional Reform
– Human Rights Act
 Not quite a written constitution…
 Did not abolish parliamentary sovereignty
 MPs and Peers still have the final say when the Law
Lords rule that legislation has fallen foul of the Act
 However….
–
–
–
–
Referendums
House of Lords
Proportional Representation
Devolution
British Parliament

Westminster Model
– Parliamentary sovereignty
– Parliamentary democracy
– Cabinet government
 Center of British politics
 Formulates and
presents policy to
Parliament
 Supreme ruling body of
the executive branch
 Collective responsibility
British Parliament

House of Commons
– Represents constituent
interest
– Examines and passes
legislation
– Scrutinizing the
Government

House of Lords
– Processes and revises
legislation
– Acts as a check on the
Government
– Provides a forum of
independent expertise
– Acts as a final Court of
Appeal
British Parliament
 What is in a Parliament?
– Cycle between calling of one general election
to the calling of the next.
– 650 MPs-1 for every 89,000 (in US 1
representative for every 600,000 or so
people)
– Elections are held every 5 years or so…
House of Commons
Party Rules—aspiring MPs go through
series of interviews, written application
before being placed on list
 Deposit 500 pounds—lose deposit if you
receive less than 5% of vote
 MPs—educated, professional, business
backgrounds primarily

House of Commons

The Road to Parliament
– First Past the Post-person
winning the most votes
wins (common in countries
that were British colonies)
– Boundary commission deals
with the size of the district
– Party allegiances of those
elected MPs are not in the
same proportions as the
votes cast through the
country
– Turnout declining
House of Commons
Since 1945—3 years and 7 months is the
average life expectancy of a Parliament
 PM calls for dissolving Parliament by a Royal
Proclamation
 Basic rule—general election must take place on
the 17th day excluding Sundays and holidays
following the date of the Proclamation
 Usually campaigns last six to seven weeks—
some Brits complain that the campaign season is
too long!

House of Commons
Steps for Parliamentary election
1. Parliament dissolved
2. General Election
3. Swear in members/election of the
Speaker
4. State Opening of Parliament
House of Commons




In GB the MPs all can’t
fit in the chamber
Only seats 427 MPs
The two redlines are “2
sword lengths apart—
can’t cross the lines
when giving a speech
Traditionally, the queen
or king can’t enter the
“peoples” chamber
A LABOUR MP WAS DRAMATICALLY KICKED
OUT OF THE COMMONS TODAY AFTER
SCREAMING ABUSE AT A CABINET MINISTER –
AND CHUCKING THE (PRICELESS) CEREMONIAL
MACE ON TO THE BACKBENCH. (JANUARY
2009)
Backbenchers
MPs of the governing party who
have no government office
Prime Minister & Cabinet

Prime Minister
– “First among equals”
– Member of Parliament and
Leader of majority party
– Speaks legitimately for all
Members of Parliament
– Chooses cabinet ministers
and important subordinate
posts
– Makes decisions in cabinet,
with agreement of
ministers
– Campaigns for and
represents the party in
parliamentary elections
– Shapes cabinet decisions
into policy

Cabinet
– Collective cabinet is
the center of policymaking in the British
political system
– As leaders of majority
party elected by the
people, they take
“collective
responsibility” for
making the policy of
the country
– Most important:
Foreign Office, Home
Office, chancellor of
exchequer
The Cabinet System
House of Commons:
Debate




“Government” – consists of MPs on the first rows of the majority
party side, they are majority party members, including the PM, that
are most influential in making policy
Question Time/Question Hour – the hour the prime minister and
his cabinet must defend themselves from inquisitive attacks from
the opposition party as well as direct inquiry from members of
his/her own party
Speaker of the House – presides over the debates in Parliament,
the speaker is suppose to be objective and often is not a member of
the majority party. Their job is to let all speak without letting the
debate get out of hand.
Because of a lack of checks & balances between branches in British
politics the opposition party is seen as the “check” on the majority
party within Parliament, this “check” power is best utilized during
times of debate over policy
Party Discipline



Party discipline very important in British politics
If party members do not support their party leadership,
the “government” may fall into crisis
Vote of Confidence
– Vote on a key issue within the party
– If the issue is not supported, the cabinet by tradition must
resign immediately, and new elections for MPs must be held as
soon as possible
– This is usually avoided by settling policy differences within
majority party membership
– If the party loses a vote of confidence, all MPs lose their jobs, so
there is plenty of motivation to vote the party line
Blair’s Vote of Confidence

Higher Education Bill
– Vote of confidence took place in 2005
– Bill squeaked by with an approval vote of 316 to 311
– The bill proposed raising university fees, a measure
criticized not only by the opposition, but by outspoken
MPs from the Labour Party as well
– The vote narrowly allowed Blair’s government to
remain in control of the Commons
House of Lords
Unlike MPs, Lords are unelected and unpaid
(except for certain allowances to cover
attendance—which is voluntary)
 No upper limit n the number of members
 Currently 730 peers
 The House of Lords is the final court of appeal
on points of law for the whole of the United
Kingdom in civil cases; and for England, Wales
and Northern Ireland in criminal cases. This
work is carried out by the Law Lords.

House of Lords

Life Peers
– Appointed by Crown, by advice of PM
– Majority of total membership (600)
– Title ceases on death of peer

Law Lords
– Up to 12, hear appeals from lower courts (until
age 70)
– Answer questions on major points of law
– In 2009, an independent UK Supreme Court will
open, ending the judicial function of Parliament
House of Lords

Lords have gradually declined in authority over last 4
centuries

Since the beginning of the 20th century the House of
Lords’ only powers are:
– To delay legislation
– To debate technicalities of proposed bills
– Lords may add amendments to legislation, but House
of Commons may delete their changes by a simple
majority vote
– The House of Lords includes five law lords who
serve as Britain’s highest court of appeals, but they
cannot rule acts of Parliament unconstitutional
House of Lords

End of hereditary peers (some 700)

92 remaining hereditary peers
– Will remain until next stage of reform
– Oldest of hereditary peers dated back to 1264

Lords Spiritual
– Archbishops and Bishops
Bureaucracy: Civil Servants






Hundred of thousands of civil servants in the UK
They administer laws and deliver public services
Most do clerical and routine work for the bureaucracy
A few hundred directly advise ministers and oversee
work of departments
Top civil servants and bureaucrats usually stay with their
departments, while ministers are party officials who
move with party demands
Therefore, top civil servants often have a great deal of
input into policy-making
QUANGOS
Quasi-nongovernmental organizations
 Almost 6,000 present, 90% operating at
the local level


Some advise on policy, others deliver
services, all are created by Acts of
Parliament and publically funded
Judiciary Branch






In Britain, the principle of parliamentary sovereignty
(parliament’s decisions are final) has limited the development
of judicial review
British courts can only determine whether government
decisions violate the common law or previous acts of
Parliament
By tradition British courts cannot impose their rulings upon
Parliament, the prime minister, or the cabinet
Law lords – settle disputes from lower courts; they do not
have power of judicial review, so their authority is limited
Constitutional Reform Act of 2005 – provides for a
Supreme Court of the United Kingdom to take over the
existing role of the law lords
Most judges are not MPs and few are active in party politics;
most were educated in public schools and the Oxbridge
connection
Judicial Branch-est. 2009


Highest appellate court in all
matters under English law,
Welsh law, Northern Irish Law,
Scottish civil law and devolution
issues
12 professional judges appointed
by House of Lords
– No term limits, can be
removed by an address of
Parliament
– Judges forced to retire at 70
or 75
– Composition: A President,
Deputy President, 12
permanent Justices