Constitutional Law for LLB part I Punjab Universty

THE BRITISH POLITICAL SYSTEM

Contents

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
• 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.

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 60 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.

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.

THE U.K. PARLIAMENT

The British Parliament is often called Westminster because it is housed in a distinguished building in central London called the Palace of Westminster.

The British Parliament – like most in the world – is bicameral, that is there are two houses or chambers. The only exceptions to this practice around the world are some small countries such as Israel and New Zealand.

The House of Commons

This is the lower chamber but the one with the most authority. I worked there as a Research Assistant to Merlyn Rees MP, then Labour's Opposition spokesperson on Northern Ireland, from 1972-1974.

• The House of Commons sits each week day for about half of the weeks of the year. The precise hours of sitting are:
• Monday 2.30 - 10.30 pm
• Tuesday 2.30 - 10.30 pm
• Wednesday 11.30 am - 7.30 pm
• Thursday 10.30 am - 6.30 pm
• Friday 9.30 am - 3 pm
• The Commons is chaired by the Speaker. Unlike the Speaker in the US House of Representatives, the post is non-political and indeed, by convention, the political parties do not contest the Parliamentary constituency held by the Speaker.
• The House of Commons currently comprises 650 Members of Parliament or MPs (the number varies slightly from time to time to reflect population change). This is a large legislature by international standards. For instance, the House of Representatives in the USA has 435 seats but, of course, each of the 50 US states has its own legislature. Before the last General Election, the Conservative Party said that it wished to reduce the number of Commons seats by around 10% (65 seats) and the Liberal Democrats said that the Commons should be reduced by 150 MPs. The new Coalition Government has now announced that it plans legislation to to reduce the number from 650 to 600 as part of a wider change to the number and size of constituencies.
• Rather oddly (but deliberately), there is insufficient seating capacity in the chamber      of the House of Commons for all the MPs. Members do not sit at desks (like most legislatures) but on long, green-covered benches and there is only seating capacity for 437 MPs out of the total of 650.
• Each member in the House of Commons represents a geographical constituency. Typically a constituency would have around 60,000-80,000 voters, depending mainly on whether it is an urban or rural constituency. The largest constituency in the country is the Isle of Wight with 108,253 electors at the last General Election, while the smallest is Na h-Eileanan an Iar (formerly known as the Western Isles) with an electorate of only 21,884. The current Coalition Government intends to make the size of constituencies more equal in terms of electors.
• Every citizen aged 18 or over can vote once in the constituency in which they live.      Voting is not compulsory (as it is in Australia). In the last General Election of June 2010, 65% of the electorate actually voted. Most democratic countries use a method of election called proportional representation which means that there is a reasonable correlation between the percentage of votes cast for a particular political party and the number of seats or representatives won by that party. However, much of the Anglo-Saxon world – the USA, Canada, and the UK but not Australia or New Zealand – uses a method of election called the simple majority system or 'first past the post'. In this system, the country is divided into a number of constituencies each with a single member and the party that wins the largest number of votes in each constituency wins that constituency regardless of the proportion of the vote secured. The simple majority system of election tends to under-represent less successful political parties and to maximise the chance of the most popular political party winning a majority of seats nationwide even if it does not win a majority of the votes nationwide.
• In the UK, unlike many countries, there are not fixed term parliaments. A General Election – that is, a nationwide election for all 650 seats – is held when the Prime Minister calls it, but the election cannot be more than five years after the last one and it is usually around four years after the last one. I fought the General Elections of February 1974 and October 1974 as the Labour candidate for the north-east London constituency of Wanstead & Woodford. The new Coalition Government plans to introduce legislation providing for fixed five-year parliaments which implies that the next General Election will be on 7 May 2015.

The last General Election was held in May 2010 and the result was as follows:

• Conservative Party: 306 seats (up 97) with a voting share of 36.1% (up 3.8%)
• Labour Party: 258 seats (down 91) with a voting share of 29.0% (down 6.2%)
• Liberal Democrat Party: 57 seats (down 5) with a voting share of 23.0% (up 1.0%)
• Other parties: 28 seats (down 3) with a voting share of 11.9% (down 1.4%)
• Total turnout nationwide was 65.1% up 4.0% on 2005

Note 1: In practice, the Speaker - notionally Conservative - is not counted against any political party because he is required to be neutral.

Note 2: One constituency has still not voted because the death of a candidate postponed that election.

Link: House of Commons site click here

The House of Lords

This is the upper chamber but the one with less authority. Its main roles are to revise legislation and keep a check on Government by scrutinising its activities. Since 1911, its power to block "money bills" is limited to one month and its power to block other bills is limited to one session, so ultimately it cannot block the will of the House of Commons.

It is an utterly bizarre institution that has no parallel anywhere in the democratic world. The explanation for its unusual nature goes back to the beginning of this essay: the British political system has evolved very slowly and peacefully and it is not totally logical or democratic.

• There is no fixed number of members in the House of Lords, but currently there are around 830 members - many more than in the House of Commons. The number was actually halved to 666 in the reforms of 1999 but, since then, succesive Prime Ministers have been adding new life peers much faster than members are dying.
• Historically most members of the House of Lords have been what we called hereditary peers. This mean that years ago a king or queen nominated a member of the aristocracy to be a member of the House and, since then, the right to sit in the House has passed through the family from generation to generation. Clearly this is totally undemocratic and the last Labour Government abolished the right of all but 92 of these hereditary peers to sit in the House.
• Almost all the other members of today's House of Lords are what we call life peers. This means that they have been chosen by the Queen, on the advice of the      Government, to sit in the House for as long as they live, but afterwards no member of their family has the right to sit in the House. Many are former senior politicians. Others are very distinguished figures in fields such as education, health and social policy.
• A small number of other members - 26 - are Archbishops and Bishops of the Church of England. Iran is the only other country in the world that provides automatic seats for senior religious figures in its legislature.
• House of Lords reform is unfinished business. The Parliament Act of 1911 first raised the prospect of an elected upper house but it has still not happened. There is a cross-party consensus that it should become a mainly elected body although there is as yet no agreement on the details of the next stage of reform.

Some distinguishing features of the British Parliamentary system

• Much of the work of Parliament is done in Committees rather than on the floor of the chamber. The House of Commons has two types of committee:
• Select Committees are appointed for the lifetime of a Parliament, 'shadow' the work of a particular Government Department, conduct investigations, receive written and oral evidence, and issue reports. Membership is made up only of backbenchers and reflects proportionately the balance of the parties in the Commons.
• General Committees (previously known as Standing Committees) are temporary bodies, most of them Public Bill Committees formed to examine the detail of a particular piece of proposed legislation and consider amendments to the Bill. Membership includes Government and Opposition spokepersons on the subject mater of the Bill and overall membership reflects proportionately the balance of the parties in the Commons.
• The House of Lords only has Select Committees (it does not need Standing Committees because the details of Bills are considered on the floor of the chamber).
• Finally there are some Joint Committees of the Commons and the Lords.
• Discussion and debate involve quite a gladiatorial or confrontational approach. This is reflected in the physical shape of the chambers. Whereas most legislatures are semi-circular, both the House of Commons and the House of Lords are rectangular with the Government party sitting on one side and the Opposition parties sitting on the other side. The House of Lords alone has cross-benches for independent peers. It is quite normal for speakers in debates to be interrupted by other members, especially of another party, and, in the Commons, cheering and jeering is a regular occurrence.
• In the Commons, there is a Prime Minister's Question (PMQ) Time for 30 minutes at 12 noon every Wednesday. Questions can be asked on any subject. This is frequently a heated affair with the Leader of the Opposition trying to embarrass the Prime Minister and it is the one part of the week's proceedings guaranteed to attract the interest of the media. In his book "A Journey", former Prime Minister Tony Blair wrote: "PMQs was the most nerve-wracking, discombobulating, nail-biting, bowel-moving, terror-inspiring, courage-draining experience in my prime ministerial life, without question."
• The Government is normally assured of a majority in the House of Commons for any measure or vote. This is mainly because in the Commons there is a strong 'whipping' system in which political parties tell their members how to vote on every significant division though a weekly set of instructions. The importance of actually being present to vote in the manner instructed depends on whether the 'whip' is one-line, two-line or - the most serious - three-line. Even when there is a rebellion by members of the majority party, the Government usually obtains its wish because all Ministers and their Parliamentary Private Secretaries (PPSs) are required to vote for the Government or resign their Ministerial or PPS position. This is called 'the payroll vote' (although PPS are not actually paid to be a PPS) and currently around 120 MPs or 22% of the Commons make up this block vote.
• The official record of the proceedings of the Commons and the Lords is called Hansard. The press and broadcasters are present all the time and live audio and visual broadcasting can take place at any time.