STUDENT NOTES 2CH. 2 THE UNITED KINGDOM OF GREAT BRITAIN

AND NORTHERN IRELAND

II. SOVEREIGNTY, AUTHORITY, POWER: HALLMARKS OF “CONSTITUTION”

• Constitutional monarchy– “Her Majesty’s Government”

• Unitarism– Power centralized; all regional/local units controlled by center– Devolution

• Parliamentary sovereignty (Parliamentary democracy)– Legislative gov. - Has the right to make or unmake any law– Westminster modelWestminster model - democracy rests on supreme authority of the legislature– KEY POINT: Concept of parliamentary sovereignty undermines judicial power!

– This means that parliament’s decisions are final• Cabinet government

– Control legislative agenda (collective responsibility)• Judiciary

– Subordinate to Parliamentary laws

II. SOVEREIGNTY, AUTHORITY, POWER: SOURCES OF AUTHORITY

• Social compacts and Constitutionalism– No written Constitution– “Constitution of the Crown”

• Documents, common law, legal codes, customs

– Magna Carta (1215) , Bill of Rights (1688)

• Tradition primary source of stability

“The British Constitution has always been puzzling and always will be.”

II. SOVEREIGNTY, AUTHORITY, POWER: LEGITIMACY

• The government of Great Britain has developed gradually; tradition is a primary source of stability

• Great Britain’s constitution is unwritten (de facto) having evolved from different documents (Magna Carta, English Bill of Rights), common law, legal codes, and customs

• The UK has rational legal legitimacy, stemming from its democratic constitution and government

Parliament Act of 1911Supremacy of House of Commons; HOL can only delay bills for 1 year; 5 year terms for HOC

1628 1688-9 1830-84 19111215 1941

Magna Carta: protection against absolute power and arbitrary acts; trial by jury, due process, protection of private property (often ignored)

Bill of Rights and Glorious Revolution: Consent of Parliament for most acts of monarch; free elections, right to petition king

Petition of RightTrial by jury, rule of law, tax only w/Parliament’s consent, no martial law during peace

Great Reform ActsIncreased size of electorate and reformed election procedures

Beveridge Plan - Five Giant Evils:WantSqualorIgnoranceDiseaseIdleness

Britain’s Evolutionary DemocracyBritain’s Evolutionary Democracy

Evolutionary Democracy• Shaping of Monarch

– From absolute power to symbolic role

• Parliament’s Rise in Power– Gradualism

• Gradual Extension of Voting Rights– Spurred by Industrial Revolution– Great Reform Act of 1832 – 300,000+ men gained

right to vote– 1867 – working class people– 1918 – Women age 28+, men 21+– 1928 – Women 21+

1979 1979-90 1990-1997 1997-20071945-1979 2007-10

Collective Consensus: Establishment of welfare state (NHS) and commitment to Keynesian economics and state intervention;Dismantling of British Empire

Margaret Thatcher: Conservative Party ; Iron Lady; Neoliberalism

Tony Blair“New Labour”/Third Way

Winter of Discontent: Widespread strikes lead to Thatcher’s victory

John Major:Lost majority through defections and by-elections; He who hesitates….

Gordon BrownEconomic CrisisDecline in industrial production, Loss of colonies, Oil Prices, Labor Union Demands (1970s)

Britain’s Evolutionary DemocracyBritain’s Evolutionary Democracy

David Cameron (PM): Hung Parliament, Coalition government with Nicholas Clegg, Deputy PM (Liberal Democrat)

Structure of British Government

III. POLITICAL INSTITUTIONS

• Core of British system is parliamentary sovereigntyparliamentary sovereignty

– Parliamentary sovereigntyParliamentary sovereignty—the doctrine that grants the legislature the power to make or overturn any law and permits no veto or judicial review.

III. POLITICAL INSTITUTIONS• FUSION OF POWER• Executive: Prime Minister (PM)

– Queen head of state; PM head of government

• Legislative: Parliament– Legislative, executive, and judicial supremacy– House of Commons, House of Lords, Cabinet (PM)– The majority party IS the government

• Judiciary: Supreme Court of UK

Parliament: Big Idea• Although British government consists

of three branches, little separation of powers exists between the cabinet and the parliament.

• Like most parliamentary systems, the executive and legislative branches are fused, largely because the leaders of the majority party in parliament are also cabinet members.

• Bicameral Legislature: – House of Commons: All Power– House of Lords: Ceremonial

• House of Commons (Lower House)

• House of Lords (Upper House)

Bicameral Legislature: Two Houses

Parliament

III. POLITICAL INSTITUTIONS

• The House of Commons• Lower house • Palace of Westminster• 650 members elected democratically• Members of Parliament (MPs)• Single-member, plurality districts

• Do NOT have to live in district– Party leaders run in “safe” districts

• Elections at least every 5 years at PM’s discretion• Driven by majority party; seconded by the “loyal

opposition”

III. POLITICAL INSTITUTIONS: HOUSE OF COMMONS

• Majority holds ALL of the power

• Question time (PMQ) – hour when PM must answer questions from opposition– Check on PM power

• Speaker of the House presides – not necessarily a member of majority

III. POLITICAL INSTITUTIONS: PRIME MINISTER

Speaks for all Members of Parliament Chooses cabinet ministers

Makes decisions in cabinet, with agreement of the ministers

Campaigns for and represents the party in parliamentary elections

Dissolves Parliament and sets date for next election

III. POLITICAL INSTITUTIONS: COLLECTIVE CABINET

• Cabinet = PM and ministers (cab secretaries)• Head a major bureaucracy of the gov• Either members of the House of Commons or

of the House of Lords.• Center of policy-making in British political

system and the Prime Minister has the responsibility of shaping their decisions into policy

• Do not vote; unity represents collective responsibility for policymaking

• PM is “first among equals”

• Three line whip: In the UK a three-line whip is an instruction given to Members of Parliament by the leaders of their party telling them they must vote in the way that the party wants them to on a particular subject.

THE LEGISLATIVE PROCESS

• Bills must be introduced in House of Commons and House of Lords. • Approval of House of Lords is not required.• Bill comes to the floor three times:

– First: formally read at introduction, printed, debated in general terms, and after interval, given a second reading

– Second: Undergoes detailed review by standing committee; then report stage during which new amendments may be introduced.

– Third reading: bill is considered final form (and voted on) without debate.

• Follows parallel path in the Lords• Finally, it receives royal assent (which is only a formality) and

becomes an Act of Parliament.

III. POLITICAL INSTITUTIONS: HOUSE OF COMMONS

• PM would dissolve Parliament if:• 1) The life of Parliament is about to reach the

statutory limit of five years• 2) party in power unable to muster majority of

support b/c has most seats BUT lacks majority vote for key issues (loss of confidence)

• 3) majority party wishes to capitalize on its popularity and seeks to gain more seats before five year limit

– Head of minority party is the shadow cabinet.

III. POLITICAL INSTITUTIONS: BACKBENCHERS