{ Is there a Constitution in the UK?
Lecture 6 Political System
Topic: Britain is a Constitutional Monarchy
Brainstorming:
{ Is there a Constitution in the UK?
{ What form of government is there in the UK?
{ Who is the leader of the country?
A. Constitution
Form of Government: Constitutional Monarchy (i.e. the power of the monarch is limited by the Parliament)
Constitution: There is no written constitution as a single document in the UK. Instead there are several documents and a number of traditions that regulate the life of the country.
| Constitution of the UK | |
| The Rule of Law | The Rule of Custom |
| { Magna Carta (1215) { Habeas Corpus Act (1679) { the Bill of Rights (1689) { the Act of Settlement (1701) { the Reform Act (1832) { the Parliament Act (1911) { the Parliament Act (1999) | a set of traditions and customs that isn't written but followed (e.g. the leader of the majority party forms the government) |
NB! Magna Carta/ The Great Charter ( Великая Хартия Вольностей ) is a document in which the king agrees to follow the rules of government, not to be above them.
Habeas Corpus Act/ “You Can Have My Body” ( Акт о лучшей защите подданного ) is a document that states that no man is to be kept in prison without a trial. The guilt was to be proved within 24 hours if not the person was free.
The Bill of Rights ( Биль о Правах ) is a document which the Parliament was given power over the king: free election of the Parliament, matters of finance and taxation, king couldn’t suspend a law, etc.
The Act of Settlement ( Акт об Уложении Престолонаследования ) is a document that states the succession to the throne. It’s says that no Catholic is to be put on the throne.
The Reform Act is a document that put an end to the unjust electoral system and opened a way to struggle for the electoral rights.
The Parliament Act (1911) is a document that the Lords had no power to veto a bill and all bills (but for financial ones) passed by the HofC could be held up not more than 2 years. Thus, the HofL has lost some of its powers.
The Parliament Act (1999) is a document that deprived the Lords of the hereditary principle. Thus, the place (seat) in the HofL is granted only for lifetime, and children can’t inherit the title and the seat.
There are 2 basic principles of the British Constitution:
¨ The Rule of Law
¨ The Supremacy of the Parliament
According to the Constitution the powers of the Crown are great, as every action of the government is carried out in the name of the monarch. But still the Queen can act only on the advice of the ministers and is accountable to the Parliament.
The division of powers:
Britain does not have a strict division and separation of powers. Thus, Parliament represents the legislative branch; the Cabinet is the executive branch; the judiciary branch is represented by the Law Lords, the Judicial Committee of the Privy Council. The PM is an active member of the legislature and at the same time leading member of the executive. Lord Chancellor is a member of the executive and the head of the judiciary. Law Lords are part of legislature (seat in the HofL) and important part of the judiciary. The Cabinet members are part of the executive branch, but as MPs – part of legislature.
B. Monarchy Today. Functions of a Monarch
Head of the state: Queen Elizabeth II
Family Name: Windsor, used to be Saxe-Coburg and Gotha (changed in WWI)