The British System of Government PDF

Topic 7 THE BRITISH SYSTEM OF GOVERNMENT 1. Britain is a unitary state with devolution, is governed within the framework of a parliamentary democracy under a constitutional monarchy, in which the monarch, currently King Charles III, is the head of state and the prime minister of the United Kingdom,...

Topic 7 THE BRITISH SYSTEM OF GOVERNMENT 1. Britain is a unitary state with devolution, is governed within the framework of a parliamentary democracy under a constitutional monarchy, in which the monarch, currently King Charles III, is the head of state and the prime minister of the United Kingdom, currently Sir Keir Starmer, is the head of government. Executive power is exercised by the British government, on behalf of and by the consent of the monarch, as well as by the devolved governments of Scotland and Wales, and the Northern Ireland Executive. Legislative power is vested in the two chambers of the Parliament of the United Kingdom, the House of Commons and the House of Lords, as well as in the Scottish parliament and Welsh and Northern Ireland assemblies. The Judiciary is Independent of the executive and the legislature. 2.The highest court is the Supreme Court of the United Kingdom. The growing power of parliament against the monarch in the 17th century was reflected on the development of more organized political parties. This feature was to characterize the future of the British two-party political system, in which political power has shifted between two major parties. The UK political system is a multi-party system. Since the 1920s, the two largest political parties have been the Conservative Party and the Labour Party. Before the Labour Party rose in British politics, the Liberal Party was the other major political party along with the Conservatives. BRITISH SOURCES OF AUTHORITY 1. The British system of government operates without a written constitution. 2. There are four sources of authority which are a. Constitutional Conventions; b. Acts of Parliament; c. Opinions of judges; d. Opinions of constitutional scholars. 3. The doctrine of the Supremacy of Parliament applies to all laws enacted by Parliament. 4. Constitutional conventions are the core of the functioning of the system of government. THE SUPREMACY OF PARLIAMENT AND THE EUROPEAN UNION 1. The supremacy of Parliament is one of the fundamental tenets of the British Constitution and it confers supreme legislative power on Parliament. 2. The constitutional scholar A.V. Dicey spoke of "the right to make or unmake any law whatever...and...no person or body is recognised by the Law of England as having the right to override or set aside the legislation of Parliament". 3. This supremacy was challenged with the U.K.'s membership of the European Union (EU), 4. Membership of the EU together with the Introduction of the Human Rights Act 1998 diminished the doctrine of the Supremacy of Parliament. 5. The Impact of the European Union (Withdrawal Agreement) Act 2020 is such that the UK will complete its withdrawal from the EU on 31 December 2020 providing a transition period until 31 December 2020 when EU law will cease to have effect in the UK. The British Monarchy 1. The Monarchy is the oldest form of government in the United Kingdom. In a monarchy, a king or queen is Head of State. The British monarchy is known as a constitutional monarchy. This means that, while The Sovereign is Head of State, the ability to make and pass legislation resides with an elected parliament. 2. Although the British Sovereign no longer has a political or executive role, he or she continues to play an important part in the life of the nation. As Head of State the Monarch undertakes constitutional and representative duties which have developed over one thousand years of history. In addition to these State duties, The Monarch has a less formal role as 'Head of State'. The Sovereign acts as a focus for national Identity, unity and pride; gives a sense of stability and continuity; officially recognizes success and excellence and supports the Idea of voluntary service. 3. The Monarch is chosen by a line of succession and is Head of the Church of England. The Succession to the Crown Act 2013 replaced male-preference primogeniture with absolute primogeniture for succession to the Throne for those born in line after 28 October 2011. The Act also removed the disqualification of anyone who married a Roman Catholic. All persons outside the first six in line to the Throne are now free to marry without the permission of the Monarch. The Act Implemented the terms of the Perth Agreement 2011 that was made at the CHOGM In Perth, Australia among 16 Commonwealth countries that recognise Queen Elizabeth II as their Monarch (9 of these are from the Commonwealth Caribbean). 4. The monarch has several roles and duties in the United Kingdom, those aspects are represented in: The Monarch and Government. As Head of State The King has to remain strictly neutral with respect to political matters, unable to vote or stand for election. But The King does have important ceremonial and formal roles in relation to the Government of the UK The King as Sovereign is Head of the Armed Forces. 5. The Monarch is the head of the Anglican Church, Queen and the Church In the United Kingdom, The King's title Includes the words 'Defender of the Faith'. This means His Majesty has a specific role in both the Church of England and the Church of Scotland. As established Churches, they are recognised by law as the official Churches of England and Scotland, respectively. In both England and Scotland, the established Churches are subject to the regulation of law. The principle of religious toleration is fully recognised both for those of other creeds and for those without any religious beliefs. There are no established Churches in Northern Ireland nor in Wales. The British Parliament 1. The Parliament of the United Kingdom, commonly known as the UK Parliament or British Parliament, is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and its territories. Its head is the Sovereign of the United Kingdom (currently King Charles III() and its seat is the Palace of Westminster In the City of Westminster, one of the boroughs of the British capital, London. Sovereignty Of The Parliament: The British Parliament is Sovereign, and Its powers have often been undermined by its own acts, and it is not under rule or control of any institution whether the executive, judicial nor the Monarchy institution. 2. The parliament is bicameral, consisting of an upper house (the House of Lords) and a lower house (the House of Commons). The Sovereign forms the third component of the legislature (the Queen-in-Parliament). The House of Lords includes two different types of members: the Lords Spiritual, consisting of the most senior bishops of the Church of England, and the Lords Temporal, consisting mainly of life peers, appointed by the Sovereign on the advice of the Prime Minister and of 92 hereditary peers, sitting either by virtue of holding a royal office, or by being elected by their fellow hereditary peers. Prior to the opening of the Supreme Court in October 2009, the House of Lords also performed a judicial role through the Law Lords. 3. The Parliament of Great Britain was formed in 1707 following the ratification of the Treaty of Union by Acts of Union passed by the Parliament of England and the Parliament of Scotland. At the start of the 19th century, Parliament was further enlarged by Acts of Union ratified by the Parliament of Great Britain and the Parliament of Ireland that abolished the latter and added 100 Irish MPs and 32 Lords to the former to create the Parliament of the United Kingdom of Great Britain and Ireland. The Royal and Parliamentary Titles Act 1927 formally amended the name to the "Parliament of the United Kingdom of Great Britain and Northern Ireland", five years after the secession of the Irish Free State. CABINET AND MINISTERS 1. The Prime Minister advises on the formation of the Cabinet. 2. Ministers are appointed without delay by the Monarch from among members of the House of Commons or the House of Lords on the advice of the Prime Minister and can be dismissed at any time. 3. Cabinet is governed by the doctrine of the collective responsibility of the Cabinet to Parliament through (1) the confidence rule, (li) the confidentiality rule, and, (ill) the unanimity rule. 4. Ministers are governed by the doctrine of the individual responsibility of Ministers to Parliament through (1) the advice rule, (II) the culpability rule, and, (iii) the proprietary rule. THE JUDICIARY 1. Since 1 October 2009, the United Kingdom Supreme Court has been the final court of appeal for the UK. 2. This court replaced the House of Lords as the final court of appeal. 3. The Lord Chancellor no longer plays the three-part role that he used to play before 2009. 4. In 2005 the Secretary of State for Justice became the Minister responsible for the Judiciary, in 2006, the office of Lord Speaker was created to preside over the House of Lords; and in 2009, the Lord Chief Justice replaced the Lord Chancellor as the head of the Judiciary. 5. Since 2009, the so-called Law Lords no longer sit in the House of Lords as they are now all on the bench of the UK Supreme Court. 6. Judges on the Supreme Court are appointed by the Queen on the advice of the Prime Minister after the Prime Minister receives a recommendation from the Lord Chancellor who is required to convene a selection commission to advise the Lord Chancellor on an appointment to the Supreme Court. Judges serve until the age of 70. The American Presidential System 1. The American political system began as an experiment in liberty and democracy in 1776, the United States is more accurately defined as a constitutional federal republic. Constitutional refers to the fact that government in the United State is based on the ultimate power within the American system rests with the people. This power is exercised through regular scheduled elections in which voters select the President, members of Congress, and various state and local officials. These officials and their staff formulate policy. Make laws. And direct the day-to-day operations of government. 2. The US Government was founded upon the following principles: popular Sovereignty, Limited Government Separation of powers, Checks and Balances Judicial Review, and Federalism. The Executive branch is headed by the president and is independent of the legislature. Legislative power is vested in the two chambers of Congress, the senate and the House of Representatives. Judicial power is exercised by the Judicial branch (or judiciary), composed of the Supreme Court and lower federal courts. The judiciary's function is to Interpret the United States Constitution as well as federal laws and regulations. This includes resolving disputes between the Executive and Legislative branches. The federal government of the United States was established by the constitution. American politics has been dominated by two parties, the Democratic Party and the Republic Party, since the American Civil War, although other parties have also existed. The American Government And Its Branches 1. The United States government is based on the principle of federalism, in which power is shared between the federal government and state governments. The details of American federalism, including what powers the federal government should have and how those powers can be exercised, have been debated ever since the adoption of the Constitution. Some make the case for expansive federal powers while others argue for a more limited role for the central government in relation to Individuals, the states or other recognized entities. FOUNDATION OF US GOVERNMENT 1. The United States Constitution was approved by delegates to the constitutional convention in Philadelphia on 17 September, 1787. 2. The Constitution is the supreme law of the USA. 3. The Bill of Rights was ratified on 15 December 1791 and consists of the First Ten Amendments to the Constitution. 4. Any amendment to the constitution must be passed by a two-thirds majority in both Houses of Congress and approved by three-fourths of all the states of the union. 5. There have been 27 amendments to the US Constitution since its ratification in 1787. 6. The United States Supreme Court is the only entity that can determine what the words of the constitution mean. Separation of Powers: The Constitution separates the government's powers among three branches: Legislative, Executive, and Judicial. Under the separation of powers plan, each branch has its own job and powers. The Legislative Branch: Article one of the constitution grants all legislative powers of the federal government to a congress. All legislative powers herein shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives. Congress is a bicameral legislature. This means it is a legislature divided into two chambers or houses, the Senate and the House of Representatives. The Senate is composed of two members from each state. Membership in the House of Representatives is based on population and its size is therefore not specified in the Constitution. Both the House of Representatives and the senate meet for the same two-year-term. 1.All 435 members of the House of Representatives are elected every two years on election day in November. 2. All 100 senators are not elected at the same time. 3.One-third of the Senate is elected by rotation every two years and all Senators serve for a period of six years. 4.All Senators and members of the House run for election after gaining the nomination of their party in a primary election before the general election. 5. No member of Congress can serve in the President's Cabinet unless they resign their seat in the House or the Senate. 6. No member of the President's Cabinet can be appointed without ratification by the Senate after presidential nomination. Most, not all, nominees are successful. 7. The House or the Senate perform oversight duties over the Executive branch through hearings by congressional committees. 8. Any law passed by Congress can be vetoed by the President and that veto can only be overridden by a two-thirds majority in both Houses of Congress. The Executive Branch 1. The second article of the Constitution vests the executive power in the President. It also provides for the office of vice-president. The President, assisted by the Vice-President, is surrounded by a team of experts who advise and counsel him on all matters, foreign and domestic affairs of the nation. The executive Branch is made up of thirteen Executive Departments and many agencies. Each of the departments is headed by a secretary appointed by the President with the Senate's approval. These secretaries along with the Vice President along with several other top officials make up the President's cabinet. The Cabinet is an advisory group that helps the President in making decisions and setting government policy. The Idea of a cabinet as a group of advisers to the president began with George Washington. Cabinet meetings take place in the cabinet room of the White House and are usually closed to the public news media. THE PRESIDENCY 1. The President and Vice President run as a team and are elected on the First Tuesday following the First Monday in November in a leap year. 2. The presidential nominees of each party are determined after primary elections or caucuses in the states and the candidate who has vice- presidential delegates to the quadrennial convention of their party becomes that party's nominee. 3. The presidential nominee chooses a running mate as his/her vice- presidential nominee who is then approved by the quadrennial convention of their party. 4. The winners are determined by which candidates obtain a majority of votes in the Electoral College after the vote on election day. 5. The winners may not necessarily win the popular vote even though they have won the Electoral College vote (as happened in 1824, 1876, 1888, 2000 and in 2016). 6. The President and Vice President are sworn into office at 12 noon on 20th January following the election. This is known as Inauguration Day. 7. According to the 22nd Amendment to the US Constitution, no President can serve for more than two four-year terms of office. 8. The President's Cabinet is advisory to the President and is limited to the Vice President and the heads of 15 executive departments. EXPLAINING THE ELECTORAL COLLEGE 1. All states, except Nebraska and Maine, allocate their votes on a winner-take-all basis. 2.Nebraska and Maine allocate 2 votes for the overall winner of the popular vote statewide and one vote for each House of Representatives district in their state. 3. The calculation of votes for each state is based on the size of their congressional delegation (2 senators per state + the number of House of Representatives seats). Washington, D.C. has 3 votes. 4. The Electoral College meets on the first Monday after the second Wednesday in December when the electors meet in their state capitals to cast their votes. 5. The votes from the Electoral College meetings are counted by the Senate on 6 January thereafter. 6.The result of the counting of these votes is the final result of the presidential election. The Judicial Branch 1. The third branch of the American government is the judicial branch, headed by the Supreme Court which tops all federal and state jurisdictions. The federal courts have clearly defined functions. Article 3 of the constitution states the basis of the federal court system. The judicial power of the United States shall be vested in one supreme court and such inferior courts as the Congress may from time to time ordain and establish. The first congress divided the nation into districts and created federal courts for each district. Congress has established several lower federal courts, and they are of two types: constitutional courts and legislative courts. The district courts are trial courts that hear both civil and criminal cases. Judges of the federal courts are appointed by the president with the consent of the senate. The Supreme Court 1. There are nine justices on the bench of the United States Supreme Court. 2. All Supreme Court justices are nominated by the President and ratified by the Senate. 3.There is no retirement age. Supreme Court justices retire when they are ready to retire. 4. Justices are politically appointed based on the process of presidential nomination and Senate approval; however, they serve for life. 5. Usually, any nomination of a Supreme Court justice becomes a major political event as Presidents try to leave a legacy on the court long after they have left office. 6. Major political controversies have arisen over some nominees, e.g. Robert Bork 1987 (defeated 42-59), Clarence Thomas 1991 (approved 52-48), and Brett Kavanaugh (approved 50-48). 7.William Rehnquist was nominated by President Reagan in 1986 to become Chief Justice and was confirmed by a 65-33 vote and upon his death, John Roberts was nominated as Chief Justice by President George W. Bush in 2005 and confirmed by a 78-22 vote, UK vs US Systems of Government 1. In the UK, Ministers must be drawn from Parliament. In the USA, Cabinet Secretaries cannot be drawn from the House of Representatives or the Senate. 2. In the UK, there are no further requirements for appointment of Ministers beyond royal appointment after prime ministerial advice. In the USA, Cabinet Secretaries must be nominated by the President and ratified by the Senate. 3. In the UK, there are no term limits on the Prime Minister. In the USA, there are term limits on the President. 4.In the UK, the life of parliament is fixed for 5 years, but may be altered. In the USA, Senators serve for 6 years and are elected by rotation every 2 years, while members of the House of Representatives are elected every 2 years. 5. In the UK, members of the House of Commons can shorten the life of parliament If they wish by resolution or motions of no confidence. In the USA, the life of the Congress is fixed. 6. In the UK, by convention, the Monarch will not veto legislation passed by parliament. In the USA, the President can veto legislation passed by Congress unless overridden by Congress by a two-thirds majority vote. 7. In the UK, Supreme Court judges are appointed by the Queen on the advice of the Prime Minister after a recommendation from the Lord Chancellor and they serve until age 70. In the USA, Supreme Court justices are nominated by the President and ratified by the Senate, and they retire when they are ready to do so.