Chapter 13 System of
Government
December,2005
Xiao Huiyun
The System of Government
? Representative Democracy and also known as
Parliamentary Democracy
? Monarch -- Constitutional Monarch
? What powers does the Queen have?
? The Sovereign personifies the state and is,in
law,an integral part of the legislature,head of
the executive,head of the judiciary,the
commander-in-chief of all armed forces of the
Crown and the ?supreme Governor‘ of the
Church of England
The Monarch
? Queen Elizabeth II ? Real name,Elizabeth
Alexandra Mary
Windsor
? Birth,21 April 1926 in
London
? Children,3 sons,1
daughter
The Monarch
? The monarch is bound by statute to:
? not be a Roman Catholic or marry a Roman Catholic
? on the death of a monarch,the oldest male heir will
succeed to the throne
? the death of monarch does not affect the holding of the
office under the Crown as laid out in the Demise of the
Crown Act of 1901,
? In the event of illness,a monarch may appoint
Counsellors of State to exercise certain royal functions
as laid out in the Regency Acts 1937-53
Legislature
? Parliament is the highest legislative
authority in the United Kingdom – the
institution responsible for making and
repealing UK law,It is also known as the
Legislature,It consists of three constituent
parts:
? House of Commons
? House of Lords
? Crown
Parliament
H o u s e o f L o r d s T h e H o u s e o f C o m m o n s
T h e Q u e e n
Executive
? EXECUTIVE
? ?Prime Minister‘ and
?Ministers‘ or
?Secretaries of State‘
(about 25) (Political
Heads of Government
Departments),all
MPs,form Cabinet
Also Junior Ministers
? Civil Service(non-
political) Permanent
officials employed by
government,Advise
Ministers and
implement policy,Top
officials popularly
known as ?mandarins‘
but accountable to
Parliament
Judiciary
? JUDICIARY(non-political)
? Headed by Lord Chancellor,a leading Law
Lord appointed by the Prime Minister,
House of Lords is the highest court – will
be replaced by the Supreme Court and
there will not be Lord Chancellor in the
near future,and all this is part of the
Constitutional Reform promised by Labour
government
Basic Structure of UK Central
Government
Monarch
(non-political)
Legislature
---Parliament
Executive Judiciary
(non-political)
House of Commons
(political)
House of Lords
(semi-political)
Prime Minister
&
Cabinet
(political)
Ministers
&
Civil service
(non-political)
House of Lords
Court of Appeal
Functions of Parliament ****
? Parliament has three main functions,
? to examine proposals for new laws;
? to scrutinise government policy and
administration;
? to debate the major issues of the day,
Parliamentary Sovereignty
? Parliamentary Sovereignty – Parliamentary
Supremacy,Parliament has absolute & ultimate
power within the British system
? Parliament can pass,repeal and alter any of
Britain‘s laws,This is one of the major powers
that a government has.
? In theory there is no body that can declare a law
passed by Parliament as unconstitutional -
though the full impact of the European Court is
not yet known
The Principles of Parliamentary
Democracy
a,Parliament is Elected and Sovereign
b,Parliament selects the executive (“The
Cabinet”)
c,The cabinet retains executive power only as
long as it retains the,confidence” of
parliament
d,Usually the head of the executive retains
the power to disband parliament and call for
elections
Parliamentary Elections
? General elections are held after Parliament has been
?dissolved‘.
? For electoral purposes Britain is divided into (659)
constituencies,each of which returns one MP to the
House of Commons
? The British electoral system is based on the relative
majority method sometimes called the ?first past the post‘
(FPTP) principle which means the candidate with more
votes than any other is elected,
? The leader of the political party which wins most seats
(although not necessarily most votes) at a general
election,or who has the support of a majority of
members in the House of Commons,is by convention
invited by the Sovereign to form the new government,h
Parliamentary Supremacy & the
Sources of Britain‘s Constitution
? Britain does not have a constitution written down in a single
document,The constitution flows from 6 sources,
? The Royal Prerogative -- Personal prerogatives are held by the
monarch as a person and political prerogatives as head of state,
The latter are the most important to the efficient constitution
and include the rights to declare war or make peace,pardon
criminals,dissolve Parliament,appoint ministers and assent to
legislation,With the gradual erosion of the effective powers of
the monarchy these,..[have been]....,inherited by the Cabinet
and the Prime Minister.
? Statue
? Common Law
? Convention
? Authoritative Opinion
? European Union Law
Separation of Power,British Style
? There is actually no separation of
power between the executive,
legislature,and the judiciary.***
? This principle of dividing the functions of
government is meant to ensure that there
is no excessive use or abuse of power by
any small group of people,
Separation of Power,British Style
? The Prime Minister is an active member of the legislative,
yet he is also the leading member of the executive,
? Also the Lord Chancellor is a member of the cabinet and
therefore of the executive as well as being head of the
judiciary
? The House of Lords also has a right to vote on bills so
they are part of the legislative but the Lords also
contains the Law Lords who are an important part of the
judiciary
? As with the PM,the members of the Cabinet are also
members of the legislative who have the right,as a
Member of Parliament,to vote on issues
Power vs Corruption
? Power tends to corrupt,and absolute
power corrupts absolutely,Great men are
almost always bad men.
(Lord Acton,British historian,1834-1902)
? Politicians are almost always liars
? I hope our wisdom will grow with our
power,and teach us,that the less we use
our power the greater it will be,(Thomas
Jefferson)
Freedom & Duties
the Limits to Freedom
? Civil Liberties under Parliamentary Democracy:
? the freedom to organise politically
? the freedom of speech
? the freedom of the press
? the equality of all people under the law
? These rights are not absolute but have to be
established and limited by the law,For
example freedom of speech is limited by the
law of libel and contempt,Such laws are
decided by Parliament.
Libel? Contempt?
? "Prime Minister,do you have blood on your
hands? Are you going to resign?―
? Those were the shocking questions posed by a
British journalist to Tony Blair at his press
conference in Tokyo with Japanese Prime
Minister Junichiro Koizumi on July 19,2003
? The questions left Blair shaken and literally
speechless for the first time in his premiership,
His Japanese counterpart rescued him by
grabbing his arm and leading him out of the
press room,
Constitutional Reform
? Constitutional Reform
– Devolution
– House of Lords reform
– Partial independence for Bank of England
– Freedom of Information
– Parliamentary select committees
– Electoral reform
– A written constitution; a ―bill of rights‖
? House of Lords ? House of commons
The House of Lords
?750 Members were not
elected,The 1999 Act
reduced the number to 92.
?503 Members are called
life peers appointed by the
Queen
?600 members will be
chosen to ensure that the
House represents a cross-
section of British society,
Constitutional Reform*
Reforms to the House of Lords
Constitutional Reform
? a second chamber of 600 members
? an end to 92 hereditary peers still in the Lords
? 120 members elected by the public
? 120 appointed by a statutory independent commission
? the rest would be appointed by political parties in proportion to
votes received by a party at the most recent general election
? the second chamber would have no veto over government
legislation - merely the right to delay its introduction
? bishops to be reduced from 25 to 16
? a minimum of those in the second chamber will be female;
minority groups will be represented
? the final tally of 600 will be met over a 10 year period
The House of Commons
? The House of Commons consists of 659
Members of Parliament (MPs) who are elected
by the people to be their representatives,
? Each MP represents the voters in an area called
a constituency (often referred to as an MP‘s seat)
? Members of Parliament hold their seats only for
the life-time of a Parliament,Unlike the Lords,
they have to be re-elected when a new
government is formed at a General Election,
They are paid a salary of about £50,000,as well
as an allowance for hiring a secretary.
The House of Commons cont
? The House ?sits‘ in
Westminster from
Mondays to Fridays,
usually from about
2.30pm until 10.30pm,
and often continues
through the night
when important
debates are going on,
What Goes on in the House of
Commons?
? Debates — Many hours are spent debating issues of
national and international importance,Most often a
motion is proposed by one or two of the Government‘s
front benchers and then the same number of persons
from the Opposition front benches oppose it
? The Speaker decides who is allowed to speak and
he/she must ensure that each side is given equal
opportunity and time to speak,After the debate the MPs
vote for or against the motion.
? MPs vote by going into ?lobbies‘,corridors outside the
chamber,one for ?aye‘ and one for ?no‘ votes where they
are counted
? The MPs vote is recorded so that anybody can know
which way an MP voted on any particular issue
? After the votes are counted the results are announced in
the chamber,
What Goes on in the House of
Commons cont
? Question Time
? Four times a week Government ministers
have to give short,oral answers to
questions put to them in the House of
Commons by MPs,
? Many questions are answered during each
question time which lasts for 55 minutes,
? The Prime Minister also has a question
time of 30 minutes once a week.
What Goes on in the House of
Commons cont
? Making new laws
? This is what happens in the chamber,but
in fact there is much happening elsewhere
in the Commons which has hundreds of
rooms,
? There are committee rooms,offices and a
library,a barbers shop,post office and
restaurants,
? MPs meet in committees,or do their office work
or meet visitors.
How is the Speaker Chosen?
? Contrary to what the title would imply,the Speaker of the
House of Commons does not speak,that is,he or she
does not make speeches or take part in debates
? the Speaker‘s central function is to maintain order in a
debate,and he or she may not vote other than in an
official capacity that is when the result of a vote is a tie
? The Speaker is not a Minister nor a member of any
political party
? He or she is still a Member of Parliament,representing a
constituency and the constituents‘ interests
? The choice of Speaker is by election,with Members of
Parliament each having one vote
The Executive ****
? The role of the Sovereign – the constitutional monarch
? As Head of State the Queen presides over the State
Opening of Parliament,This takes place usually each
November when Parliament reopens after the summer
break for the next Session, The Queen reads a speech
which outlines the policies and main bills that the
government intends to introduce during the
Parliamentary Session
? The Queen has to give the Royal Assent of agreement
to any new law that is passed by parliament
? She is kept in touch with the government by a weekly
meeting with the Prime Minister in Buckingham Palace.
The State Opening of Parliament
Wednesday November 26,2003
? From Buckingham to
Westminster
? Sovereign‘s Entrance
at Westminster
The State Opening of Parliament
Wednesday November 26,2003
? Queen Elizabeth II makes
her way from the
Sovereign's entrance,
? Britain's former prime
minister sits alone
The State Opening of Parliament
? Partners in crime ?
Tony Blair
alongside leader
of the opposition,
Michael Howard
The State Opening of Parliament
? I'll make them pay ?
The education
secretary,Charles
Clarke,and former
Tory chairwoman
Theresa May
process into the
chamber of the
House of Lords.
The State Opening of Parliament
? Schools and
horspitals first
?
The Queen sets out
the government's
legislative programme
including civil
partnerships for
same-sex couples.
The State Opening of Parliament
? Hide and speak ?
Her majesty peers
out from her
carriage as she
leaves
Westminster
The State Opening of Parliament
? Which one's the
journalist?
?
The Queen and
her footmen
return to
Buckingham
Palace.
The Queen's speech,the key points
Wednesday November 26,2003
? Tuition fees -- The
speech promises a bill to
place universities on a
"sound financial footing"
and enable more people
to benefit from higher
education,In keeping
with the government's
'study now,pay later'
proposals,it says up-front
fees will abolished for all
full-time students
? Child Trust Fund
? A bill to give all children
born after September
2002 a cash endowment
(with more for poorer
children) they can invest
and then draw on at the
age of 18.
? Gay marriages --
Legislation on the
registration of civil
partnerships between
same-sex couples
The Queen's speech,the key points
Wednesday November 26,2003
? Asylum-- A single tier of
appeal against asylum
decisions to "reduce
the scope for delay
caused by groundless
appeals
? Child protection -- A bill
to improve the services
designed to protect
children and the
establishment of a
Children's Commissioner
for England,
? Pensions -- A pension
protection fund to
protect employees and
pensioners if
companies become
insolvent,The
government also
promises to bring in
legislation to encourage
employers to provide
good-quality pensions
and for individuals to
save more effectively
for their retirement
The Queen's speech,the key points
Wednesday November 26,2003
? Constitutional reform --
Establishment of a
supreme court,reforming
the judicial appointments
system and providing for
the abolition of the
current office of Lord
Chancellor,Also,
legislation to remove
hereditary peers from the
House of Lords and set
up an independent
appointments
commission to select
non-party members.
? Housing
? Legislation to "help create
a fairer housing market"
and the continuation of a
bill introduced last
session that aims to
make the planning
system "fairer and faster
The Prime Minister
? the leader of his party in the House of Commons
? the head of government
? he has the right to select his cabinet,hand out
departmental positions,decide the agenda for
cabinet meetings which he also chairs.
? he can dismiss ministers if this is required
? he directs and controls policy for the government
? he is the chief spokesman for the government
? he keeps the Queen informed of government
decisions
? he exercises wide powers of patronage and
appointments in the civil service,church and
judiciary
The Prime Minister cont
? he can amalgamate or split government
departments
? he represents the country abroad
? he decides the date for a general
election within the five-year term
? he decided the timetable of government
legislation in the House (though this
has been delegated to the Leader of the
House before)
The Prime Minister cont
? The powers of the Prime Minister within the British
political structure have developed in recent years to such
an extent that some political analyst now refer to Britain
as having a Prime Ministerial government rather than a
Cabinet government
? The Prime Minister selects his own Cabinet and he will
select those people who:
? Have ability
? Have demonstrated good party loyalty
? Have clearly demonstrated loyalty to the Prime
Minister himself
The Cabinet ***
? The Cabinet is appointed by the Prime Minister,The
senior positions within the Cabinet are usually appointed
by the Prime Minister within hours of an election victory
? In British Politics,all Cabinet members are serving MP's
or peers
? The most senior members of the Cabinet are the Deputy
Prime Minister,Foreign Secretary,Chancellor of the
Exchequer and Home Secretary,
? There has never been a set number for posts within the
Cabinet,The most common figure for a Cabinet is 22
? *** for cabinet members and salaries
THE CABINET
? Meets weekly at No,10 Downing Street
? Collective responsibility or resignation e.g.
former foreign secretary Robin Cook
? Generalists rather than specialists
? 22 is large by international standards
? Ministers responsible (accountable) for their
particular department
? Oppositions have a ?Shadow Cabinet‘
Downing 10
The Civil Service
? Civil servants are servants of the Crown,they do not
hold a political or judicial office,and they are paid with
public money which is voted through Parliament.
? Civil servants are officials who serve the elected political
government of the day,They themselves are not elected,
? They are career officials who remain in office despite
changes in government.
? Top civil servants offer advice about the possible
consequences of policy,and are also responsible for
implementing the policies that the government,with
Parliament‘s approval,decides to pursue.
? To enter at the higher levels of the civil service you have
to pass a rigorous civil service exam,
THE CIVIL SERVICE
Permanent,well-educated elite
? Politically neutral (unlike USA)
? Anonymous (since Minister takes
responsibility)
? Now less than 500,000 (751,000 in
1976)
THE CIVIL SERVICE
? Reformed in 19th C (Northcote-
Trevalyan reforms) – meritocracy
? Dominated by Oxbridge (75%)
? Generalists rather than specialists,
typically with a classics education
LOCAL GOVERNMENT AND
DEVOLUTION
? The British Parliament is sovereign and decides
what the responsibilities of other levels of
government are to be.
? Since Tony Blair‘s constitutional reforms at he
end of the 20th century,more power has been
devolved from Westminster to Scotland,Wales
and Northern Ireland,
? The Scottish parliament -- 1998
? The Welsh Assembly -- 1998
? The Northern Ireland Assembly -- 1998
Local Government
? Though there are variations,the general pattern of
local government in Britain is for there to be three
layers,county councils at the top,divided further
into district councils,with community or parish
councils at the lowest level.
? County level responsible for education and social
services
? District councils responsibilities include,for
example,rubbish collection and disposal
? Representatives are elected periodically to be
?councillors?,representing ?wards? (about 1200
people at county level)
? At district and county levels there are also full-time
specialist officials who advise them and implement
polic
The Devolution
? Devolution is where power is transferred from a
superior governmental body (such as central
power) to an inferior one (such as at regional
level),In his book "Devolution",V Bogador
claims that devolution has three parts to it:
? The transfer of power to a subordinate elected
body
? The transfer of power on a geographical basis
? The transfer of functions at present is exercised
by Parliament
The Devolution cont
? Devolution essentially involves the setting up of an
elected regional assembly whose powers are carefully
and clearly defined by national government
? These powers do not usually include major financial
powers such as tax collection,the raising of taxes etc,
the control of the armed forces or an input into foreign
policy decisions.
? Invariably the sheer financial clout of a central
government will give it a huge amount of power over a
regional one should a clash between authority occur
? This power will be given to the Scottish
Parliament and Welsh and Northern Ireland
assemblies,
The Devolution
? The Greater London Authority
? London held it‘s first elections for a new
form of city-wide government in May 2000,
A Mayor and a separately elected
Assembly are elected every four years,
? The Authority has responsibility for
London-wide issues such as transport,
economic development,environmental
protection and strategic planning,
The City of London
? Greater London Authority Headquarters