Chapter 13 System of Government

1
Chapter 13 System of Government

• December, 2005
• Xiao Huiyun

2
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 Crown is the permanent
3
The Monarch

• Queen Elizabeth II

• Real name Elizabeth Alexandra Mary Windsor
• Birth 21 April 1926 in London
• Children 3 sons, 1 daughter

4
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

5
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

6
Parliament
7
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

8
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

9
Basic Structure of UK Central Government
10
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.

11
Parliamentary Sovereignty

• Parliamentary Sovereignty Parliamentary
  Supremacy Parliament has absolute ultimate
  power within the British system
• Parliament can pass, repeal and alter any of
  Britains 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

12
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

13
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

14
Parliamentary Supremacy the Sources of
Britains 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

15
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.

16
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

17
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)

18
Freedom Dutiesthe 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.

19
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.

20
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

21
(No Transcript)
22

• House of Lords

• House of commons

23
(No Transcript)
24
(No Transcript)
25
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

26
Reforms to the House of LordsConstitutional
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

27
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 MPs
  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.

28
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.

29
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
  Governments 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.

30
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.

31
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.

32
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 Speakers 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

33
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.

34
The State Opening of Parliament Wednesday
November 26, 2003

• From Buckingham to Westminster

• Sovereigns Entrance at Westminster

35
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

36
The State Opening of Parliament

• Partners in crime

• Tony Blair alongside leader of the opposition,
  Michael Howard

37
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.

38
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.

39
The State Opening of Parliament

• Hide and speak

• Her majesty peers out from her carriage as she
  leaves Westminster

40
The State Opening of Parliament

• Which one's the journalist?

• The Queen and her footmen return to Buckingham
  Palace.

41
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

42
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

43
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

44
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

45
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)

46
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

47
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

48
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

49
Downing 10
50
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 Parliaments approval,
  decides to pursue.
• To enter at the higher levels of the civil
  service you have to pass a rigorous civil service
  exam.

51
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)

52
THE CIVIL SERVICE

• Reformed in 19th C (Northcote-Trevalyan reforms)
  meritocracy
• Dominated by Oxbridge (75)
• Generalists rather than specialists, typically
  with a classics education

53
LOCAL GOVERNMENT AND DEVOLUTION

• The British Parliament is sovereign and decides
  what the responsibilities of other levels of
  government are to be.
• Since Tony Blairs 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

54
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

55
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

56
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 .

57
The Devolution

• The Greater London Authority
• London held its 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.

58
The City of London

• Greater London Authority Headquarters