Chapter 3 The Government of the United Kingdom Time Allocation: 4 periods Focal Points: the formation of the government; the Monarch; Parliament; the Prime Minister; the Cabinet. Focus questions: What is the central government made up of? (The monarch, Parliament, and the cabinet) What are the three branches of the English parliament? (The Monarch, the House of Lords, and the House of Commons) What are the five titles of nobility? (Duke, Marquees, Earl, Viscount and Baron) Who chooses the members of the British Cabinet? (Prime Minister) In which place are Kings and Queens crowned? (Westminster Abbey) Where is the Monarch’s residence in London? (Buckingham Palace) What’s the meaning of “parliament”? (A place for argument and debate) When was the parliamentary system instituted in Britain? (in the 13th century) What is the chairman of the House of Commons called? (Speaker) What is the chairman of the House of Lords called? (Lord Chancellor) What is the Cabinet made up of? (The Prime Minister and some other ministers) Who are civil servants? (Government employees) Who are always included in the Cabinet? (The Minister of Defense, the Foreign Secretary and the Chancellor of the Exchequer) How are the Members of Parliament in the House of Commons elected? How are those in the House of Lords selected? Introduction to the System of Government To know the political systems of the UK,first of all, we should be clear about the definition of “government”. What is “government”? Government is a political organization comprising the individuals and institutions authorized to formulate public policies and conduct affairs of state. Governments are usually empowered to establish and regulate the interrelationships of the people within their territorial confines. In this sense, government applies both to the governments of national states, such as the federal government of the U.S., and to the governments of subdivisions of national states, such as the state, county, and municipal governments of the U.S. The word “government” may also refer to the people who form the supreme administrative body of a country, as in the expression “the government of Prime Minister Tony Blaire” in the UK. Governments are classified in a great many ways and from a wide variety of standpoints. A familiar classification is that which distinguishes monarchic from republican governments. Scholars in modern times, especially in the 20th century, have stressed the characteristics that distinguish democratic governments from dictatorships. In one classification of governments, federal states are distinguished from unitary states. Monarchy is a form of government in which one person has the hereditary right to rule as head of state during his or her lifetime. The power of the monarch varies from absolute to very limited. Monarchs include such rulers as kings and queens, emperors and empresses. Republican government is a form of state based on the concept that sovereignty resides in the people, who delegate the power to rule in their behalf to elected representatives and officials. Democracy is a political system in which the people of a country rule through any form of government they choose to establish. In modern democracies, supreme authority is exercised for the most part by representatives elected by popular suffrage. In many democracies, such as the United States, both the executive head of government and the legislature are elected. In typical constitutional monarchies such as the United Kingdom, only the legislators are elected, and from their ranks a cabinet and a prime minister are chosen. (It is important to distinguish between a republic and a democracy. In the theoretical republican state, where the government expresses the will of the people who have chosen it, republic and democracy may be identical (there are also democratic monarchies). Historical republics, however, have never conformed to a theoretical model, and in the 20th century the term republic is freely used by dictatorships, one-party states, and democracies alike. Republic has, in fact, come to signify any form of state headed by a president or some similarly titled figure, and not a monarch.) Federalism, also referred to as federal government, is a national or international political system in which two levels of government control the same territory and citizens. Countries with federal political systems have both a central government and governments based in smaller political units, usually called states, provinces, or territories. These smaller political units surrender some of their political power to the central government, relying on it to act for the common good. Federal political systems are relatively uncommon around the world. Instead, most countries are unitary systems, with laws giving virtually all authority to the central government. The central government may delegate duties to cities or other administrative units, but it retains final authority. The central government in a unitary system is much more powerful than the central government in a federal system. Different countries may have different kinds of government. Although both the United Kingdom and the United States are democratic countries, they have difference in their system of government. The United Kingdom of Great Britain and Northern Ireland is a Monarchic government with the monarch as the Head of State. The present monarch of the country is Queen Elizabeth II. But the United Kingdom is a parliamentary monarchy (constitutional monarchy)—that is, the head of state is a monarch (King or Queen) with limited powers. It means the Queen can only rule with the advice of parliament. Actually, the Queen of the UK has no real power in the UK. She does everything automatically. Britain’s democratic government is based on the fact that its members of parliament are elected by the people. Parliament consists of three parts: the House of Lords, the House of Commons, and the monarch. The House of Commons is far more influential than the House of Lords. The chief executive is the prime minister, who is a member of the House of Commons. The executive branch also includes Her Majesty’s Government, commonly referred to simply as “the government.” The government is composed of ministers in the Cabinet, most of whom are members of the House of Commons. Because the House of Commons is involved in both the legislative and executive branches of the British government, there is no separation of powers between executive and legislature as there is in the United States. Besides, the United Kingdom is a unitary government, because its central government with the Prime Minister as the leader is very strong. All the other governments, like city governments, town governments, are subject to the central government. Or local and regional governments derive authority from the central government. United States is a federal country. Federalism is the basic framework of the system of government. What does it mean by “federalism” in the United States? In the United States, federalism (联邦制) means the division of the powers of government between the nation and the state. Each American is subject to two governments: 1) the government of his state and 2) the government of the Union. Each of them has its own distinct function. The states have under the Constitution, the primary functions of providing law and order, education, public health and most of the things, which concern day-to-day life. The federal government at Washington (the government of the Union) is concerned with foreign affairs and with matters of general concern to the states, including commerce between the states. United States is also a republic country with the Separation of Powers among the three departments of the Federal Government: 1) executive (the President), 2) legislature (Congress) and 3) judicial (the Supreme Court). Congress makes laws, the President supervises the administration, and the courts interpret the laws and with the aid of the Executive enforce the laws. The three elements are checked and balanced by one another. The Constitution limits the powers of each branch and prevents any branch from gaining too much power. Besides, the United States is a presidential government instead of parliamentary government. In one classification of democratic nations, parliamentary governments are distinguished from presidential ones. In parliamentary governments the executive branch is subordinate to the legislature. So in the United Kingdom, parliament is a very important part of government. The Prime Minister and his ministers of government are at the same time Members of parliament. The government can only remain in office as long as it has the support of a majority of the members of Commons. In presidential governments, such as in the U.S., the executive is independent of the legislature. President and his government administers are not at the same time the members of the Congress. They are separated from each other and check and balance with each other. Thus, the general election of the United Kingdom is a general election of the Members of Parliament while the general election of the United States is to elect a president. Central Government The United Kingdom is a constitutional monarchy and a parliamentary democracy. Its constitution is partly unwritten and is flexible. The constitution's basic sources are legislative Acts of Parliament and decisions made by courts of law. The reigning monarch (the present King or Queen) is permanent head of state. Executive power is in the hands of the Prime Minister. The Prime Minister is the leader of the majority party in Parliament, and the cabinet. The cabinet is appointed by the Prime Minister from among his or her party. The Prime Minister also appoints about 25 ministers outside the cabinet, as well as 50 junior ministers. Legislative power is vested in the Parliament, consisting of the monarch, the hereditary and appointive House of Lords, and the elected House of Commons. The 659 members of the House of Commons are elected to five-year terms, although the Prime Minister may call general elections at any time. The British Government is composed of three tiers: (1) the central government, (2) the county government, and (3) the district government. The central government of the UK is made up of three parts: (1) the monarch, (2) Parliament, and (3) the cabinet. ---Why do we say that the British system of government is constitutional monarchy? What is the meaning of the constitutional monarchy? The United Kingdom of Great Britain and Northern Ireland is said to be reigned over the Monarch, but she does not rule. Britain is regarded as a democracy in the Western World because the real power of government is invested with elective officials. The participation of the monarch in government, a kind of formality and historical legacy, is limited by the basic law known as the constitution (not necessarily in a written form). It is for this reason that the British system of government is known as constitutional monarchy. 1. The Monarchy The present sovereign is Queen Elizabeth II, 11th generation of the House of Hanover (汉诺威王朝). Elizabeth II was born on April 21, 1926. She was the elder daughter of Albert, Duke of York, and his wife, Lady Elizabeth Bowes-Lyon. Elizabeth II’s education was supervised by her mother and taught by a governess, Marion Crawford. She also had instruction from visiting teachers in music and languages. Early in 1947 Princess Elizabeth went with the king and queen to South Africa. After her return, there was an announcement of her marriage appointment to her distant cousin Lieutenant Philip Mountbatten of the Royal Navy, formerly Prince Philip of Greece and Denmark. The marriage took place in Westminster Abbey on Nov. 20, 1947. On the eve of the wedding her father, the king, conferred upon the bridegroom the titles of Duke of Edinburgh. They took residence at Clarence House in London. They have four children, 3 sons and 1 daughter. Their first child, Prince Charles (Charles Philip Arthur George) was born Nov. 14, 1948, at Buckingham Palace. In the summer of 1951 the health of King George VI entered into a serious decline, and Princess Elizabeth represented him on various state occasions. King George VI died on Feb. 6, 1952. Thus, Elizabeth became queen on Feb 6, 1952. The first three months of her reign, the period of full mourning for her father, were passed in comparative seclusion. But in the summer, after she had moved from Clarence House to Buckingham Palace, she undertook the routine duties of the sovereign and carried out her first state opening of Parliament on Nov. 4, 1952. Her coronation was held at Westminster Abbey on June 2, 1953. On the accession (即位) of Queen Elizabeth, her son Prince Charles became heir ; He was named Prince of Wales on July 26, 1958. The queen's other children were Princess Anne, born Aug. 15, 1950; Prince Andrew, born Feb. 19, 1960, and Prince Edward, born March 10, 1964. Elizabeth's first grandchild (Princess Anne's son) was born on Nov. 15, 1977. 1) The Role of the Monarch The government of the United Kingdom has for many centuries been shared by three supreme authorities: 1) the Monarch (i.e. the Queen or King) 2) the Lords (i.e. the hereditary (世袭的) nobility) 3) the Commons (i.e. the ordinary people) The history of the United Kingdom has been the story of a gradual shifting of supremacy from the first of these authorities to the third. Or we may say it is a gradual progress towards democracy. Before the English Bourgeois Revolution, the King was very powerful. (1) He personally exercised supreme executive, legislative and judicial power. (2) He manipulated the election of the Archbishop. (3) He could grant lands and wealth to his favorites. (4) He could appoint his followers to important positions. (5) He con’ferred noble titles. (6) He could have anyone arrested, put into prison or to death. The constitutional monarchy was established after the 1688 Glorious Revolution. At the beginning of its establishment, the King still remained the center of executive power. He could appoint and dismiss ministers, although he had little power in law making. Later, towards the end of the 18th century, the King’s power began to become less by degrees. According to legislation, the full title of the present Queen is: Elizabeth II, By The Grace Of God, Of The United Kingdom Of Great Britain And Northern Ireland And Of Her Other Realms And Territories Queen, Head Of The Commonwealth, Defender Of The Faith ----Grace: God’s mercy and favor towards mankind (上帝对人类的慈悲). ----Realm: Kingdom (王国). ----Faith: 指国家的或正统的宗教。 Theoretically, the Queen is the official head of state, the head of the legal system of Britain, the commander-in-chief of all armed forces and the head of the Church of England. Many important government processes require the participation of the Queen. The British government is called “Her Majesty’s Government”. The Queen summons, prorogues and dissolves Parliament. --Prorogue: bring a session of Parliament to an end without dissolve it so that unfinished business may be taken up again in the next session (使国会会期休会). --Dissolve: bring to an end. She appoints the Prime Minister, ministers, and important officials and officers. She presides the great state functions (盛大的国家典礼). She gives many important honors and awards. She concludes (缔结) treaties and declares war. She remits (free someone from a punishment 赦免) all or part of the sentence passed on a criminal by granting a ‘royal pardon’. The Queen seems to have an unlimited power, but practically everything she does is done on the advice of her ministers. Everything has been decided in advance by Parliament or the Prime Minister together with his cabinet. The Queen does all the things automatically. It is unconstitutional for the Queen to refuse. As a matter of fact, the Queen can only appoint a new Prime Minister, while the other ministers are appointed by the new Prime Minister. And the Queen cannot appoint a new Prime Minister according to her own will. She has to appoint the person who is the leader of the Majority Party in the House of Commons. So the appointment is also a legal formality. In the general election, if one party has won the majority seats in the Commons. This party then has the right to control the government. Its leader will be the head of the new government. Yet if the party having a majority has no recognized leader, the Queen has the duty of selecting a Prime Minister. In such circumstances she would be entitled to consult anyone she wished. 2) Succession The succession to the throne is not decided by the royal family alone. It is regulated by Parliament Acts and common law rules. The first candidate for the throne is the first son born to a reigning monarch. His title is Prince of Wales. If he dies young without descendants, one of his brothers or sisters will be chosen according to the established rule. The principle is that the sons of the Sovereign and their descendants have precedence over daughters while the daughters take precedence over the Sovereign’s brothers. The Queen’s husband can get the title known as the Duke of Edingurgh. Priority [prai’ riti] (按照资格的次序): (1) Sons (older to younger) and descendants, (2) Daughters and descendants (3) Brothers and descendants. 3) The Monarch’s consort (配偶) The Queen seems to be the most important figure in every field of national life, but there is no written law to define her power. She only does what Parliament and the Cabinet want her to do. The monarch even has no right to choose her or his consort. Qualifications: (1) from a noble family, (2) with the consent of Parliament, (3) not a Roman Catholic. By the Act of Settlement (1701年英国议会通过的王室继承法), neither the monarch nor any member of the royal family is permitted to marry a Roman Catholic. By the Royal Marriage Act of 1772 (皇家婚姻法), members of royal family must obtain the Queen’s permission to marry. Otherwise, the King would suffer the loss of his position, as King Edward VIII did in 1936. King Edward VIII fell in love with an American film star. He planned to marry her, but Parliament refused to give its approval for her alleged infamy. The king had no alternative but to abdicate (退位). He married her and they remained in love till the end of their life. What’s more, only protestant descendants are eligible to succeed to the throne. The monarch has no freedom of belief. The King’s wife—Queen Consort 王后 The Queen’s Husband— (1) Prince Consort 王夫 (2) the Duke of Edinburgh (3) the Prince of the United Kingdom The eldest son—the Prince of Wales 4) Coronation Coronation is a ceremony of crowning a king or a queen. Time: an interval after the death of the old king Place: Westminster Abbey Formality (形式): grand and pompous Conductor (主持): the Archbishop of Canterbury Participants: VIPs in Britain and foreign guests The Successor succeeds to the throne as soon as his or her predecessor dies because “the King is dead; long live the King!” But the coronation ceremony is held some time later. The coronation service, conducted by the Archbishop of Canterbury, takes place at Westminster Abbey in the presence of leading officials and important citizens. ----Westminster Abbey was founded in the year 1065 by St. Edward the confessor (priest who has the right to hear confessions). For the first five centuries of its existence, which is from the 11th century to the 16th century, the palace at Westminster was the reigning King’s place of residence (like the White House in the U.S.). for the last two of these five centuries, actually from about 1376 to 1547, the House of Commons normally met in the Chapter House (开教士或修士大会的教堂) of the Abbey. During this period, eight of the kings and queens of England were buried in the Abbey, too. Before that, only the confessor had been buried in the Abbey. After the middle of the 16th century the king ceased to live at Westminster. Now, the ancient Coronation Chair standing in St. Edward’s Chapel (place used for Christian worship 礼拜堂) is perhaps the Nation’s most precious relic. It was made to the order of Edward I and has been used at every coronation since that of Edward II. 5) Expenditure The cost of the Monarch is very large. The royal house has a large amount of private wealth and spends many millions of pounds given by Parliament. The monarch’s expenditure includes the costs of maintaining the royal yacht (游艇) named Britannia, the Queen’s Flight of aircraft, the upkeep of the royal palaces and visits overseas. Besides, Parliament also makes annual payments to certain members of the royal family. Queen Elizabeth II received a Civil List of £ 475,000 when she came to the throne in 1952, but inflation affected the list over the years, and by the late 20th century the Civil List amounted to more than £5,000,000 annually. For the 1985—1986 the civil list, a payment for the keep of the royal household and family was fixed at £5,180,000, of which £3, 967,200 were intended for the Queen. But the royal palaces, the crown jewels and royal collections of treasures are state property and must be handed down to successors. Because of the continuous economic recessions, many of her subjects were discon’tent over the large royal wealth and growing expenditure of the royal house. Her children’s behaviors were not in line with the tradition: Prince Charles and Diana separated because of his romantic affair with another woman; Princess Ann, after divorcing her husband, married a former royal assistant. Elizabeth II was forced to give up one of her privileges—her exemption from income tax in 1992. She called the year “horrible year”. (p36, paragraph 2-3) 6) Residence The royal wealth also includes a number of royal palaces, such as Buckingham Palace, Windsor Castle, and St, Jame’s Palaces. The Monarch’s residence in London is Buckingham Palace, which was built on the site of a house owned by the Duke of Buckingham in 1708. It was then known as Buckingham House. It was bought by King George III for £28,000 in 1761. And it has been the Sovereign’s London residence since 1837. Besides, the monarch has several other palaces or castles all over the country. They are used when the monarch is on tour or holiday. Windsor Castle was built by William the Conqueror in the 11th century. It has been a principal residence of the Sovereign. 7) Public Opinions towards the Monarch Some people think the keeping of a monarch is too expensive. Since the monarch is out of date and non-democratic, and the monarch’s functions are merely ceremonial and lack power, the monarchy should be abolished and replaced by a cheaper figurehead presidency. But public opinion polls from time to time demonstrate majority support for the institution of monarchy as against a republic alternative. That’s to say, most people are in favor of the Monarchy. Why do the British people still have a great affection for the Queen? The Queen is regarded as the living symbol of national unity. She is to provide the natural focus for popular loyalty, embodying the highest standard of morality and the continuity of national history. Many traditional ceremonies and customs are associated with the monarch. Royal marriages and funerals are marked by impressive ceremonial, and the birthday of the Sovereign is officially celebrated every June. Royal visits to various parts of the country arouse great interest among common people. Most British people regard the Monarchy as a long-established tradition. The Monarchy is the only unchangeable symbol of Britain. It represents the nation as a whole. The Monarchy embodies the development of English history. It demonstrates stability and continuity. It possesses neutrality with which people can feel secure. Politicians come and go according to elections won or lost, and at any given moment every politician always has many determined opponents among those who do not belong to his own party. But monarch is always there above party quarrels, representing the nation as a whole. The queen (Elizabeth II) seemed increasingly aware of the modern role of the monarchy, allowing, for example, the televising of the royal family's domestic life in 1970. She was known to favor simplicity in court life and was also known to take a serious and informed interest in government business, aside from the traditional and ceremonial duties. Privately she has become a keen horsewoman; she keeps racehorses, frequently attends races. Her financial and property holdings have made her one of the world's richest women. 2. Parliament British Parliament is the supreme legislature of the United Kingdom of Great Britain and Northern Ireland. It consists, technically, of the Crown, the House of Lords, and the House of Commons, but when commonly referred to, it means the House of Commons and House of Lords. Today the main legislative chamber is the House of Commons; its members alone are called members of Parliament. Parliament is the legislative branch of government. No statute (法令) may become law or be altered or repealed (废止), nor may taxes be levied, without its consent. Cabinet members, including the prime minister, are members of one house or the other and are collectively responsible to the House of Commons. The House of Lords is the highest court of appeal in Britain’s judicial system. Great Britain is a parliamentary monarchy with an unwritten constitution consisting of historic documents such as the Magna Carta, the Petition of Right, and the Bill of Rights (1689); common law; and custom. The constitution is flexible and may be changed by an act of Parliament. --- What’s the meaning of “parliament”? (A place for argument and debate) --- When was the parliamentary system instituted in Britain? (in the 13th century) The English parliament developed out of the King’s council of the 13th century. The House of Lords is the oldest part of Parliament. In the 14th century, parliament was formally divided into two parts: Lords and Commons. Until the 17th century, parliament was ruled by the King. The Glorious Revolution in 1688 marked the decisive shift in power from monarchy to Parliament. Since 1832, the year of the first Reform Act, the House of Commons has become more important. 1) English Nobility The noble class in feudal society was the ruling class. The nobles, or peers, controlled political power as well as a large amount of land and wealth. They were generally called barons whose positions were hereditary. --- Why are there titles of nobility in Britain? In feudal society, the nobles were the rulers and their position was hereditary. With the growing number of their descendants, it became difficult to tell who were within the inner-circle. Thus, titles of nobility became necessary for showing difference in social status. --- What are the five titles of nobility in Britain? They are Duke, Marquees, Earl, Viscount [vaikaunt] and Baron. Duke is the highest title. It was first regularly awarded in Britain in 1337. The title was restricted to the royal family until the end of the 14th century. In 1979, there were some 25 Dukes in Britain. Marquess follows Duke in rank. It was first conferred in 1385. The number is 19 in 1979. Earl and Viscount began to be used in 1440. The total number of Earl was 158 in 1979. The number of Viscount was 105 in 1979. Baron began with the Norman Conquest. In 1979, there were 829 Barons and Baronesses. --- What kind of people belonged to the feudal noble class? Only those with noble titles belonged to the feudal noble class. --- Who has right to succeed to the noble title in a noble family? The five titles are hereditary. But only the eldest sons are eligible for these five hereditary titles. If the eldest son dies young without a son, his brothers became eligible according to seniority. If the male line comes to an end, the nearest male descendant to the first title bearer succeeds to the title. Now, the noble title ends with the death of its holder. --- Who is the title “knight” given to? It’s given to those who have got great successes in their careers. So they can be politicians, doctors, and people of any profession. All these titles are to be conferred by the monarch on the advice of the Prime Minister. All the noble title bearers are members in the Upper House. As a result, if a Prime Minister wants to have enough supporters, he would ask the monarch to confer noble titles on his faithful followers so as to bring them into the Upper House. If a rich man contributes enough money to the party in power, he also has the chance to get a title.  Houses of Parliament, London, England The city of London, capital of the United Kingdom, is the seat of government. Parliament, seen here, consists of the House of Lords and the House of Commons. Built between 1840 and 1850, the neo-Gothic complex of buildings is still officially called the New Palace of Westminster.  House of Lords The United KIngdom’s House of Lords is composed of hereditary peers, who inherit their titles, and life peers, who are appointed by the Crown in honor of their professional achievements. The lobby of the House of Lords, located in London, is shown here. 2) The House of Lords The House of Lords has developed similarly like the Monarchy. The Lords were originally the King’s counselors. They owed (归功于) their land and titles to the King himself, either directly or through family inheritance. Today, they continue to exist as they have always existed, retaining their titles, retaining their land if they can afford the expense of retaining them. They even retain many of their ancient privileges. For example, on some state occasions, all the lords gather together in their magnificent robes, with little crowns on their heads in order of rank. 1. the Dukes and Duchesses (公爵夫人,女公爵) 2. the Marquesses and Marchionesses (候爵夫人,女候爵) 3. the Earls and Countesses [kauntis] (伯爵夫人,女伯爵) 4. the Viscounts and Viscountesses [vai’kauntis] (子爵夫人,女子爵) 5. the Barons and ‘Baronesses (男爵夫人,女男爵) These people are called ‘peers’. They are members of the House of Lords. The House of Lords is made up of the lords spiritual (senior bishops of the Church of England) and lords temporal (peers). Lords temporal include law lords (senior judges). There are two types of lords temporal: life peers and hereditary peers. Life peers include lords of appeal (最高上诉法官), who make up the court of last resort on matters that can be brought to the House of Lords, and an increasing number of lords created in recognition of distinguished service (often in politics) (knights). The Peerage Act of 1963 made it possible for hereditary peers to resign their peerages and obtain the status and rights of commoners or to become eligible for election to the House of Commons and for selection as Prime Minister. The House of Lords Act of 1999 reduced the number of hereditary peers from more than 750 to 92. Members of the House of Lords are not directly elected. They may retain their seats for life, with the exception of lords spiritual, who must resign from the House of Lords when they retire from their church positions. Life peers are appointed by the monarch. Bills from the House of Commons are passed to the House of Lords for discussion. Although no vote from the House of Lords is necessary to pass legislation, the body often suggests revisions and provides a forum (论坛) for debate free from party politics. Like the Monarch, the power of the House of Lords is reducing regularly. In formal days, the Upper House was very powerful as the lawmaker. After the House of Commons appeared, it had the veto power to the bill passed by the House of Commons. After 1911, a bill can be passed whether the Lords agree or not. Or the House of Lords can only delay the bill but not veto it. In 1949, an Act was passed to prevent the House of Lords from delaying a bill for more than one year to pass into a law. Now, the House of Lords can delay financial bills for only 30 days and all other bills for no more than one year. Bills may be introduced into either the House of Commons or the House of Lords, except for financial bills, which may be introduced only in the House of Commons. The House of Lords does not have the power to amend legislation on taxation, which is considered solely the responsibility of the House of Commons. So some people say that the House of Lords is also a historical relic. However, it is not completely correct to say that the Upper House has not any use. What are the real functions of the House of Lords? Because many members in the House of Lords are experts in different fields, the debates and discussions are usually of a higher level than those in the House of Commons. Sometimes they can get a bill amended through their influence. Moreover, in the judicial functions it is unique. The House of Lords is the highest court in the United Kingdom hearing civil and criminal appeals from the lower courts. So, the real power of the House of Lords lies in being Supreme Court, i.e. the House of Lords has a special judicial function. It is the final court of appeal in civil cases and criminal cases, except criminal cases in Scotland. But, when sitting as the highest court of appeal, the Lords’ deliberations (审议) are limited to those peers with judicial experience, including the law lords, who are life peers appointed (since 1876) to enhance the Lords’ judicial ability. The two Houses of Parliament, the Lords and the Commons share the same building, the Palace of Westminster. The House of Lords uses the south part of the Palace. They have their own restaurant, bar, private rooms for the leaders, and also offices for those who hold Government positions. The President of the House of Lords is called “Lord Chancellor”(议长)(由拥有贵族称号的内阁大臣兼任) who was once the King’s right-hand man. The House of Lords meets on three (or four) afternoons each week during the session of Parliament. In other words, it sits on about 120 days a year. All the peers have the right to speak, vote, propose bills or ask questions of ministers. But usually they are not enthusiastic about debates. Peers get no parliamentary salary but an allowance of 8,59 pounds for each day of attendance since 1958. A lord is not allowed to join any political party. Having no right to vote at parliamentary elections, a lord cannot stand for election to become a member of Lower House. This means he can never become the Prime Minister. Only by giving up his noble title can a lord enjoy all the political rights granted to common citizens. In January 2000, the Wakeham Commission published a report on the reform of the House of Lords. The 2001 Labor general election manifesto (宣言) committed the Government to completing House of Lords reform, and implementing the recommendations of the Wakeham Commission in the most effective way possible. In November 2001, the Government published a white paper, House of Lords Completing the Reform. It is consulting on some points raised in the document until 31 January 2002. The white paper proposes that the House would eventually consist of: 120 independent members appointed by the Appointments Commission 120 directly elected members 16 bishops at least 12 Law Lords a balance of not more than 332 nominated political members where the number available to each party is determined by the Appointments Commission. According to the reform, there are altogether 600 members in the House of Lords. And there would be an end to 92 hereditary peers still in the Lords 3) The House of Commons The House of Commons, also known as the Lower House, is the other chamber of Parliament. It is a representative assembly because all its members are elected by voters through general elections. The House of Commons has 659 members, who are elected from the same number of constituencies by British subjects at least 18 years old. Distribution of the seats among the four countries is based on their population. The maximum life of a Parliament is five years. Elections are set by the prime minister on the basis of political necessity or advantage. If the cabinet, formed by the leading party in Commons, loses a vote of confidence or fails to carry its legislation in Commons, it must resign or request a dissolution. An election can be held in as short a time as three weeks. The chairman who conducts debates in the Lower House is officially called Speaker, who is elected by the Commons. The Speaker can hold his office until his retirement when he is normally made a peer. As a rule, the Speaker has to give up party politics and remain impartial in carrying out his duties. The debating-room of the Commons, also in the Parliament Building, is not very large. It provides seats for only half of the Common because many of them don’t take part in debates. One side of the debating-room, with five rows of benches, is for the Government, or the party in power. The opposite side, also with five rows of benches, is occupied by the Opposition Party, known as Her Majesty’s Opposition. Party leaders and senior members sit in the front rows. Junior members are also called back-benchers because they normally sit in the back rows of benches. The two parties sit face to face. If a member wants to take the floor, to speak, he has to stand up, for there is no platform available. The Commons meet on four afternoons and one morning each week. They meet every Monday, Tuesday, Wednesday and Thursday at 2:30 in the afternoon and normally sits until 10:30 p.m. and occasionally longer even until one or two the next morning. On Friday, it meets from 11 a.m. to 4:30 p.m. Each day they began their meeting with a fifty-minute “Question Time”. During this period, members may ask ministers to answer their questions, which had been handed in beforehand. The ministers have already carefully prepared their answers. The “Question Time” is followed by the main debate of the day. There are many debates, but each must relate to a specific proposal or ‘motion’ (提案). The announcement of a motion to the House is known as the first reading. It marks the beginning of the debate on the motion. While some speak in favor of the motion, others argue against it. The essential problem is whether the motion should go to the second reading. If rejected, the motion dies. If it is accepted, debates will be switched to what changes to make in the content of the motion. Amendments are proposed and debated on. If the amendments are adopted, they will be included in the original motion. Then the amended motion is pronounced to the House and another vote marks the end of the second reading. If accepted, the motion will go to a special group of people for technical consideration and the improvement of wording. After the finishing touches are put, the motion returns to the House for the third reading. If approved by vote, the bill goes to the Upper House for its deliberation. The Queen will not sign the motion, or Bill, into law until it has cleared both the Houses. Although, in theory, any Member of Parliament may propose a bill, most legislation is initiated by the cabinet minister responsible for the department concerned. The cabinet, under the doctrine of collective responsibility, acts as a unit. The defeat of important legislation or a vote of no confidence usually brings about the resignation of the entire cabinet and a general election. The Prime Minister may drop individual cabinet members entirely or reassign them as preferred. This power helps to maintain the Prime Minister’s leadership and is exercised in most governments periodically. Ministers may resign their posts without leaving the Parliament. Members of the House of Commons have their privileges. Members of Parliament began to receive parliamentary pay in 1911. Besides, they are entitled to have their own offices and secretaries in Parliament buildings. Their travel by train between London and their constituencies are free of charge. 3. The Government and the Cabinet 1) The Formation of the Government When we talk about the British Government, we should be clear about the answers to the following questions. What is the other name of the British Government? (Her Majesty’s Government.) What does the British Government refer to? (The Cabinet which includes the Prime Minister and some other ministers.) What is the Cabinet composed of? (It is composed of the chiefs of the most important ministries and departments.) Who are always included in the Cabinet? (The Minister of Defense, the Foreign Secretary and the Chancellor of the Exchequer) The British Government consists of the Prime Minister and some other ministers. As we know, when a Party wins a majority of the seats in the House of Commons in a general election, the monarch will automatically appoint the party leader Prime Minister and ask him or her to form a government. Then the Prime Minister will choose his ministers from among the Members of Parliament and ask the monarch to appoint them accordingly. That’s to say all the ministers must be members of the Parliament. The ministers are collectively responsible for every part of the Government’s administration. The nucleus of the Government is Cabinet. Not all the ministers are included in the Cabinet. It is composed of the heads of the most important departments and some other important persons without departments. Of course, the Prime Minister decides which ministers will be included. But the Minister of Defense, the Foreign Secretary, and the Chancellor of the Exchequer (财政大臣) are always included. These ministers are called Cabinet Ministers and they are the most powerful policy-making group in Britain. The Prime Minister lives and works in his official residence, No. 10 Downing Street in a small street off Whitehall. One of the rooms in the Prime Minister’s house is the Cabinet Room in which the Cabinet meets—usually once a week. Discussions at the meeting are confidential and Cabinet members are bound by oath not to disclose any secrets. The Cabinet practices collective responsibility which means the Cabinet members must act unanimously on all matters. If a Cabinet member refuses to accept the collective decision, he has to resign his position. So in Britain, Parliament is the law-making body while the Cabinet is the executive branch. 2) The Government Administration Besides the Cabinet and its committees, there are also many other administrative departments in British Government. E.g. Foreign and Commonwealth Office: 外交和联邦事务部 Home Office: 内政部 Dept. of Environment: 环境事务部 Dept. of Employment: 就业部 Scottish Office: 苏格兰事务部 Civil Service Dept. 文官部 This shows that the titles or names for the departments are different. Some are called “Ministry”, some “office”, and some “departments”. The people in charge of the departments are called “secretary of state”, or “minister”, or “chancellor”. 3) Civil Servants Civil servants are government employees. Their duty is to do the daily routine work under the direction of their superiors. The selection procedure is based on fair and open competition, which includes qualification tests and interviews. Civil servants are responsible to the minister in whose ministry they work. They advise the minister and execute his instructions. They are expected to serve loyally the government of the day. To ensure political impartiality, high-level civil servants are barred from national political activities. They cannot seek to be elected to Parliament unless they resign their present position. It is for this reason that high-level civil servants are known as the “politically restricted”. But low-level civil servants, known as the “politically free” can take part in any political activity. Exercises on Chapter 3: How do you understand the system of government in Britain?