Home Random Page


CATEGORIES:

BiologyChemistryConstructionCultureEcologyEconomyElectronicsFinanceGeographyHistoryInformaticsLawMathematicsMechanicsMedicineOtherPedagogyPhilosophyPhysicsPolicyPsychologySociologySportTourism






THREE ARMS OF THE STATE

A SHORT GUIDE TO THE

BRITISH POLITICAL SYSTEM

Contents

  • Background History
  • The Three Arms Of The State
  • The UK Parliament
  • The Legislative Process
  • Political Parties
  • The UK Government
  • Devolved Government
  • The UK Judiciary
  • Civil Society
  • Constitutional And Political Reform

BACKGROUND HISTORY

The single most important fact in understanding the nature of the British political system is the fundamental continuity of that system. We have not had a revolution of the kind experienced by so many other countries and Britain has not been invaded or occupied for almost 1,000 years. The last successful invasion was in 1066 by the Normans. Is this true of any other country in the world?

Some might argue that the English Civil War (1642-1651) was 'our' revolution but the main constitutional consequence - the abolition of the monarchy - only lasted 11 years and the Restoration of the Monarchy has so far lasted 350 years (although it is now, of course, a very different monarchy). There was a time in our history which we call the Glorious Revolution but it was a very English revolution, in the sense that nobody died, if a rather Dutch revolution in that it saw William of Orange take the throne.

So the British have never had anything equivalent to the American Revolution or the French Revolution, they have not been colonised in a millennium but rather been the greatest colonisers in history, and in neither of the two world wars were they invaded or occupied.

This explains why:

  • almost uniquely in the world, we have no written constitution (the only other such nations are Israel & New Zealand)
  • our political system is not neat or logical or always fully democratic
  • change has been very gradual and pragmatic and built on consensus

To simplify our political history very much, it has essentially been a struggle to shift political power and accountability from the all-powerful king who claimed that he obtained his right to rule from God to a national parliament that was increasingly representative of ordinary people and accountable to ordinary people. There have been many milestones along this long and troubled road to full democracy.

A key date in this evolution was 1215 when King John was forced to sign the Magna Carta which involved him sharing power with the barons. This is regarded as the first statement of citizen rights in the world - although Hungarians are proud of the Golden Bull of just seven years later.

The so-called Model Parliament was summoned by King Edward I in 1295 and is regarded as the first representative assembly. Unlike the absolute monarchs of other parts of Europe, the King of England required the approval of Parliament to tax his subjects and so, then as now, central to the exercise of power was the ability to raise funds.

The bicameral nature of the British Parliament - Commons and Lords - emerged in 1341 and the two-chamber model of the legislature has served as a model in very many other parliamentary systems.



The Bill of Rights of 1689 - which is still in effect - lays down limits on the powers of the crown and sets out the rights of Parliament and rules for freedom of speech in Parliament, the requirement to regular elections to Parliament, and the right to petition the monarch without fear of retribution.

It was the 19th century before the franchise was seriously extended and each extension was the subject of conflict and opposition. The great Reform Act of 1832 abolished 60 'rotten', or largely unpopulated, boroughs and extended the vote from 400,000 citizens to 600,000, but this legislation - promoted by the Whigs (forerunners of the Liberals) - was only carried after being opposed three times by the Tories (forerunners of the Conservatives). It was 1918 before the country achieved a near universal franchise and 1970 before the last extension of the franchise (to 18-21 year olds).

Another important feature of our political history is that three parts of the United Kingdom - Scotland, Wales and Northern Ireland - have a special status and have local administrations with a wide range of responsibilities. However, England - which represents about 84% of the total UK population of around 63 million - does not have a clear and strong sense of regionalism. So the British political system does not have anything equivalent to the federal system of the 50 states in the USA.

The final important part of our political history is that, since 1973, we have been a member of what is now called the European Union (EU). This now has 27 Member States covering most of the continent of Europe. Therefore the UK Government and Parliament are limited in some respects by what they can do because certain areas of policy or decision-making are a matter for the EU which operates through a European Commission appointed by the member governments and a European Parliament elected by the citizens of the member states.

THREE ARMS OF THE STATE

The British political system is headed by a monarchy but essentially the powers of the monarch as head of state - currently Queen Elizabeth II - are ceremonial. The most important practical power is the choice of the Member of Parliament to form a government, but invariably the monarch follows the convention that this opportunity is granted to the leader of the political party with the most seats in the House of Commons.

Although any remaining powers of the monarchy are largely ceremonial, the Royal Family does have some subtle and hidden influence on the legislative process because of a little-known provision that senior royals - notably the Queen and her eldest son the Prince of Wales - have to be consulted about legislation that might affect their private interests and given the opportunity to have such legislation amended.

The monarch is determined on the hereditary and primogeniture principles which means that the oldest male child of a monarch is the next in line to the throne. Under the terms of the Act of Settlement of 1701, the monarch and the monarch's spouse cannot be Catholics because the UK monarch is also the Head of the Church of England. These archaic arrangements are currently under review.

In classical political theory, there are three arms of the state:

  1. The executive - the Ministers who run the country and propose new laws
  2. The legislature - the elected body that passes new laws
  3. The judiciary - the judges and the courts who ensure that everyone obeys the laws

In the political system of the United States, the constitution provides that there must be a strict separate of powers of these three arms of the state, so that no individual can be a member of more than one. So, for example, the President is not and cannot be a member of the Congress. This concept is called 'separation of powers', a term coined by the French political, enlightenment thinker Montesquieu.

This is not the case in the UK:

  • all Ministers in the government are members of the legislature
  • some very senior judges sit in the upper house of the parliament
  • the formal head of the judiciary is a senior minister

This is an illustration of how pragmatic and flexible the British political system is.


Date: 2015-12-24; view: 1689


<== previous page | next page ==>
POLITICAL PARTIES & ELECTIONS | The House of Commons
doclecture.net - lectures - 2014-2024 year. Copyright infringement or personal data (0.006 sec.)