Institutions of Government

Institutions of GovernmentInstitutions of Government Traditional Traditional

Elements Elements – Antiquated features Antiquated features – Gradualism Gradualism – The Monarchy The Monarchy – The House of Lords The House of Lords – Parliament Parliament

Role of the Monarchy Role of the Monarchy

Queen—The Monarchy Queen—The Monarchy – Queen must give royal Queen must give royal

assent to all legislation assent to all legislation passed by both houses passed by both houses of Parliament of Parliament

– Opens Parliament and Opens Parliament and dissolves it. dissolves it.

– Formally makes treaties Formally makes treaties with foreign states, with foreign states, creates peerages, creates peerages, makes many top makes many top appointments in civil appointments in civil service, armed forces service, armed forces and judiciary.and judiciary.

Role of the Monarchy Role of the Monarchy Constitutionally bound Constitutionally bound

to take the advice of to take the advice of the Prime Minister the Prime Minister – ““Queen must sign her Queen must sign her

own death warrant if own death warrant if the two Houses the two Houses unanimously send it up unanimously send it up to her.” to her.”

– Last sovereign to refuse Last sovereign to refuse royal assent was Queen royal assent was Queen Anne in 1707 Anne in 1707

Queen’s role would be Queen’s role would be heightened if a heightened if a general election general election produces no clear produces no clear majority. majority.

Called the Palace at Westminster—Called the Palace at Westminster—the houses of Parliament sit on an 8 the houses of Parliament sit on an 8 acre site with 1100 rooms (an old acre site with 1100 rooms (an old fashioned gentleman’s club) fashioned gentleman’s club)

Structure of British Structure of British GovernmentGovernment

British Parliament British Parliament

Parliament is derived from the French Parliament is derived from the French word “parler”—to speak or talk word “parler”—to speak or talk

1265—Simon de Montfort established the 1265—Simon de Montfort established the first parliament first parliament

After Henry VIII no monarch would actually After Henry VIII no monarch would actually live therelive there

Great fire in 1834 came as a result of Great fire in 1834 came as a result of members overstoking the fire in the House members overstoking the fire in the House of Lords furnaceof Lords furnace

From 1840-52 it was reconstructed From 1840-52 it was reconstructed


British constitution—noted for FORM British constitution—noted for FORM and ANTIQUITY and ANTIQUITY – No form, but mostly written downNo form, but mostly written down– Combination of statutory law, common Combination of statutory law, common

law convention, and authoritative law convention, and authoritative interpretations. interpretations.

– Held together by Parliament which, in Held together by Parliament which, in theory at least, has the power to repeal theory at least, has the power to repeal any law it likes. any law it likes.

– Constitutional changes long lasting Constitutional changes long lasting


Constitutional Reform Constitutional Reform – Human Rights Act Human Rights Act

Not quite a written constitution…Not quite a written constitution… Did not abolish parliamentary sovereigntyDid not abolish parliamentary sovereignty MPs and Peers still have the final say when the Law MPs and Peers still have the final say when the Law

Lords rule that legislation has fallen foul of the ActLords rule that legislation has fallen foul of the Act However….However….

– Referendums Referendums – House of Lords House of Lords – Proportional Representation Proportional Representation – Devolution Devolution


Westminster Model Westminster Model – Parliamentary sovereignty Parliamentary sovereignty – Parliamentary democracy Parliamentary democracy – Cabinet government Cabinet government

Center of British politics Center of British politics Formulates and Formulates and

presents policy to presents policy to Parliament Parliament

Supreme ruling body of Supreme ruling body of the executive branch the executive branch

Collective responsibilityCollective responsibility


House of Commons House of Commons – Represents Represents

constituent interest constituent interest – Examines and Examines and

passes legislation passes legislation – Scrutinizing the Scrutinizing the

Government Government

House of Lords House of Lords – Processes and Processes and

revises legislation revises legislation – Acts as a check on Acts as a check on

the Government the Government – Provides a forum of Provides a forum of

independent independent expertise expertise

– Acts as a final Court Acts as a final Court of Appeal of Appeal


What is in a Parliament? What is in a Parliament? – Cycle between calling of one general Cycle between calling of one general

election to the calling of the next. election to the calling of the next. – 650 MPs-1 for every 89,000 (in US 1 650 MPs-1 for every 89,000 (in US 1

representative for every 600,000 or so representative for every 600,000 or so people) people)

– Elections are held every 5 years or so… Elections are held every 5 years or so…

House of Commons House of Commons

Party Rules—aspiring MPs go through Party Rules—aspiring MPs go through series of interviews, written series of interviews, written application before being placed on application before being placed on listlist

Deposit 500 pounds—lose deposit if Deposit 500 pounds—lose deposit if you receive less than 5% of vote you receive less than 5% of vote

MPs—educated, professional, MPs—educated, professional, business backgrounds primarily business backgrounds primarily


The Road to Parliament The Road to Parliament – First Past the Post-First Past the Post-

person winning the most person winning the most votes wins (common in votes wins (common in countries that were countries that were British colonies) British colonies)

– Boundary commission Boundary commission deals with the size of the deals with the size of the district district

– Party allegiances of Party allegiances of those elected MPs are those elected MPs are not in the same not in the same proportions as the votes proportions as the votes cast through the country cast through the country

– Turnout declining Turnout declining


Since 1945—3 years and 7 months is the Since 1945—3 years and 7 months is the average life expectancy of a Parliament average life expectancy of a Parliament

PM calls for dissolving Parliament by a PM calls for dissolving Parliament by a Royal Proclamation Royal Proclamation

Basic rule—general election must take Basic rule—general election must take place on the 17place on the 17thth day excluding Sundays day excluding Sundays and holidays following the date of the and holidays following the date of the ProclamationProclamation

Usually campaigns last six to seven weeksUsually campaigns last six to seven weeks—some Brits complain that the campaign —some Brits complain that the campaign season is too long! season is too long!


Steps for Parliamentary electionSteps for Parliamentary election

1.1. Parliament dissolved Parliament dissolved

2.2. General Election General Election

3.3. Swear in members/election of the Swear in members/election of the Speaker Speaker

4.4. State Opening of Parliament State Opening of Parliament

House of CommonsHouse of Commons In GB the MPs all In GB the MPs all

can’t fit in the can’t fit in the chamberchamber

Only seats 427 MPs Only seats 427 MPs The two redlines are The two redlines are

“2 sword lengths “2 sword lengths apart—can’t cross the apart—can’t cross the lines when giving a lines when giving a speechspeech

Traditionally, the Traditionally, the queen or king can’t queen or king can’t enter the “peoples” enter the “peoples” chamberchamber

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)

BackbenchersBackbenchers

MPs of the governing party who have no government office

Prime Minister & CabinetPrime Minister & Cabinet Prime MinisterPrime Minister

– ““First among equals”First among equals”– Member of Parliament Member of Parliament

and Leader of majority and Leader of majority partyparty

– Speaks legitimately for all Speaks legitimately for all Members of ParliamentMembers of Parliament

– Chooses cabinet Chooses cabinet ministers and important ministers and important subordinate postssubordinate posts

– Makes decisions in Makes decisions in cabinet, with agreement cabinet, with agreement of ministersof ministers

– Campaigns for and Campaigns for and represents the party in represents the party in parliamentary electionsparliamentary elections

– Shapes cabinet decisions Shapes cabinet decisions into policyinto policy

CabinetCabinet– Collective cabinet is Collective cabinet is

the center of policy-the center of policy-making in the British making in the British political systempolitical system

– As leaders of As leaders of majority party majority party elected by the elected by the people, they take people, they take ““collective collective responsibilityresponsibility” for ” for making the policy of making the policy of the country the country

– Most important: Most important: Foreign Office, Home Foreign Office, Home Office, chancellor of Office, chancellor of exchequerexchequer

The Cabinet SystemThe Cabinet System

House of Commons:House of Commons:DebateDebate

““Government” – consists of MPs on the first rows of the Government” – consists of MPs on the first rows of the majority party side, they are majority party members, majority party side, they are majority party members, including the PM, that are most influential in making policyincluding the PM, that are most influential in making policy

Question Time/Question HourQuestion Time/Question Hour – the hour the prime – the hour the prime minister and his cabinet must defend themselves from minister and his cabinet must defend themselves from inquisitive attacks from the opposition party as well as inquisitive attacks from the opposition party as well as direct inquiry from members of his/her own partydirect inquiry from members of his/her own party

Speaker of the House Speaker of the House – presides over the debates in – presides over the debates in Parliament, the speaker is suppose to be objective and Parliament, the speaker is suppose to be objective and often is not a member of the majority party. Their job is to often is not a member of the majority party. Their job is to let all speak without letting the debate get out of hand.let all speak without letting the debate get out of hand.

Because of a lack of checks & balances between branches Because of a lack of checks & balances between branches in British politics the opposition party is seen as the “check” in British politics the opposition party is seen as the “check” on the majority party within Parliament, this “check” power on the majority party within Parliament, this “check” power is best utilized during times of debate over policyis best utilized during times of debate over policy

Party DisciplineParty Discipline Party discipline very important in British politicsParty discipline very important in British politics If party members do not support their party If party members do not support their party

leadership, the “government” may fall into crisisleadership, the “government” may fall into crisis Vote of ConfidenceVote of Confidence

– Vote on a key issue within the partyVote on a key issue within the party– If the issue is not supported, the cabinet by tradition If the issue is not supported, the cabinet by tradition

must resign immediately, and new elections for MPs must resign immediately, and new elections for MPs must be held as soon as possiblemust be held as soon as possible

– This is usually avoided by settling policy differences This is usually avoided by settling policy differences within majority party membershipwithin majority party membership

– If the party loses a vote of confidence, all MPs lose their If the party loses a vote of confidence, all MPs lose their jobs, so there is plenty of motivation to vote the party jobs, so there is plenty of motivation to vote the party lineline

Blair’s Vote of ConfidenceBlair’s Vote of Confidence

Higher Education BillHigher Education Bill– Vote of confidence took place in 2005Vote of confidence took place in 2005– Bill squeaked by with an approval vote of 316 Bill squeaked by with an approval vote of 316

to 311to 311– The bill proposed raising university fees, a The bill proposed raising university fees, a

measure criticized not only by the opposition, measure criticized not only by the opposition, but by outspoken MPs from the Labour Party as but by outspoken MPs from the Labour Party as wellwell

– The vote narrowly allowed Blair’s government The vote narrowly allowed Blair’s government to remain in control of the Commonsto remain in control of the Commons

House of Lords House of Lords

Unlike MPs, Lords are unelected and unpaid Unlike MPs, Lords are unelected and unpaid (except for certain allowances to cover (except for certain allowances to cover attendance—which is voluntary)attendance—which is voluntary)

No upper limit n the number of members No upper limit n the number of members Currently 730 peers Currently 730 peers The House of Lords is the final court of appeal The House of Lords is the final court of appeal

on points of law for the whole of the United on points of law for the whole of the United Kingdom in civil cases; and for England, Wales Kingdom in civil cases; and for England, Wales and Northern Ireland in criminal cases. This and Northern Ireland in criminal cases. This work is carried out by the Law Lords. work is carried out by the Law Lords.

House of Lords House of Lords Life Peers Life Peers

– Appointed by Crown, by advice of PM Appointed by Crown, by advice of PM – Majority of total membership (600)Majority of total membership (600)– Title ceases on death of peerTitle ceases on death of peer

Law Lords Law Lords – Up to 12, hear appeals from lower courts Up to 12, hear appeals from lower courts

(until age 70)(until age 70)– Answer questions on major points of lawAnswer questions on major points of law– In 2009, an independent UK Supreme Court In 2009, an independent UK Supreme Court

will open, ending the judicial function of will open, ending the judicial function of ParliamentParliament

House of LordsHouse of Lords Lords have gradually declined in authority over Lords have gradually declined in authority over

last 4 centurieslast 4 centuries

Since the beginning of the 20Since the beginning of the 20thth century the House century the House of Lords’ only powers are:of Lords’ only powers are:– To delay legislationTo delay legislation– To debate To debate technicalitiestechnicalities of proposed bills of proposed bills– Lords may add amendments to legislation, but Lords may add amendments to legislation, but

House of Commons may delete their changes House of Commons may delete their changes by a simple majority voteby a simple majority vote

– The House of Lords includes five The House of Lords includes five law lordslaw lords who serve as Britain’s highest court of appeals, who serve as Britain’s highest court of appeals, but they cannot rule acts of Parliament but they cannot rule acts of Parliament unconstitutionalunconstitutional

House of Lords House of Lords

End of hereditary peers (some 700)End of hereditary peers (some 700)

92 remaining hereditary peers 92 remaining hereditary peers – Will remain until next stage of reform Will remain until next stage of reform – Oldest of hereditary peers dated back to Oldest of hereditary peers dated back to

12641264

Lords Spiritual Lords Spiritual – Archbishops and BishopsArchbishops and Bishops

Bureaucracy: Civil ServantsBureaucracy: Civil Servants Hundred of thousands of civil servants in the UKHundred of thousands of civil servants in the UK They administer laws and deliver public servicesThey administer laws and deliver public services Most do clerical and routine work for the Most do clerical and routine work for the

bureaucracybureaucracy A few hundred directly advise ministers and A few hundred directly advise ministers and

oversee work of departmentsoversee work of departments Top civil servants and bureaucrats usually stay Top civil servants and bureaucrats usually stay

with their departments, while ministers are party with their departments, while ministers are party officials who move with party demandsofficials who move with party demands

Therefore, top civil servants often have a great Therefore, top civil servants often have a great deal of input into policy-makingdeal of input into policy-making

QUANGOSQUANGOS

Quasi-nongovernmental Quasi-nongovernmental organizationsorganizations

Almost 6,000 present, 90% operating Almost 6,000 present, 90% operating at the local levelat the local level

Some advise on policy, others deliver Some advise on policy, others deliver services, all are created by Acts of services, all are created by Acts of Parliament and publically fundedParliament and publically funded

Judiciary BranchJudiciary Branch In Britain, the principle of In Britain, the principle of parliamentary parliamentary

sovereignty sovereignty (parliament’s decisions are final) has (parliament’s decisions are final) has limited the development of judicial reviewlimited the development of judicial review

British courts can only determine whether British courts can only determine whether government decisions violate the common law or government decisions violate the common law or previous acts of Parliamentprevious acts of Parliament

By tradition British courts cannot impose their rulings By tradition British courts cannot impose their rulings upon Parliament, the prime minister, or the cabinetupon Parliament, the prime minister, or the cabinet

Law lords – settle disputes from lower courts; they do Law lords – settle disputes from lower courts; they do not have power of judicial review, so their authority is not have power of judicial review, so their authority is limitedlimited

Constitutional Reform Act of 2005Constitutional Reform Act of 2005 – provides for – provides for a Supreme Court of the United Kingdom to take over a Supreme Court of the United Kingdom to take over the existing role of the law lordsthe existing role of the law lords

Most judges are not MPs and few are active in party Most judges are not MPs and few are active in party politics; most were educated in public schools and the politics; most were educated in public schools and the Oxbridge connectionOxbridge connection

Judicial Branch-est. 2009Judicial Branch-est. 2009 Highest appellate court in all Highest appellate court in all

matters under English law, matters under English law, Welsh law, Northern Irish Welsh law, Northern Irish Law, Scottish civil law and Law, Scottish civil law and devolution issuesdevolution issues

12 professional judges 12 professional judges appointed by House of Lordsappointed by House of Lords– No term limits, can be No term limits, can be

removed by an address of removed by an address of ParliamentParliament

– Judges forced to retire at Judges forced to retire at 70 or 7570 or 75

– Composition: A President, Composition: A President, Deputy President, 12 Deputy President, 12 permanent Justicespermanent Justices

Institutions of Government

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