Institutions of Government

3. Institutions of Government • Traditional Elements • Antiquated features • Gradualism • The Monarchy • The House of Lords • Parliament

4. 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.

5. 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.

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

7. Structure of British Government

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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…

14. 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

15. 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

16. 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!

17. House of Commons Steps for Parliamentary election • Parliament dissolved • General Election • Swear in members/election of the Speaker • State Opening of Parliament

19. 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

20. 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)

21. Backbenchers MPs of the governing party who have no government office

22. 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 policy-making 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 Prime Minister & Cabinet

23. The Cabinet System

24. 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

25. 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

26. 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

29. 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.

30. 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

31. 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

32. 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

34. 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

35. 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

36. 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

37. 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