II. The leading principles to the British Constitution.
a) There are two basic principles to the British Constitution: The Rule of Law and The Supremacy of Parliament.
The Rule of Law involves:
- The rights of individuals are determined by legal rules and not the arbitrary behaviour of authorities.
-
There can be no punishment unless a court decides there has been a
breach of law.
- Everyone, regardless of your position in
society, is subject to the law.
The Supremacy of Parliament is a dominant theme in British Politics. Parliament can pass, repeal and alter any of Britain’s laws. This is one of the major powers that a government has.
b) Three Branches of Government.
Power in GB is divided among 3 branches: the legislative branch, the executive branch and the judicial branch.
The legislative branch is represented by Parliament, which consists of two chambers, or Houses: the House of Lords and the House of Commons.
The executive branch is headed by the Prime Minister, who is appointed by the King or Queen. According to the tradition the Prime Minister is the leader of the party that has won the elections and has the majority in the House of Commons. The Prime Minister appoints the ministers to compose the government. After that the newly appointed ministers are presented to the monarch for the formal approval. The most important ministers of government (about 20) form the Cabinet. Members of the Cabinet make joint decisions or advise the Prime Minister.
The main function of the executive branch of the government is to administer the laws (to see to it that the laws are carried out, actually to rule the country).
The judicial branch interprets the laws.
The highest judicial body is the Supreme Court of Judicature, which consists of two divisions: the High Court of Justice and the Court of Appeal. It is often said that English law is superior to the law of most other countries. Indeed, the English judicial system contains many rules which protect the individual against arbitrary action by the police and the government.
Answer the following questions.
1. Why is the British Constitution referred to as ‘an uncodified constitution’?
2. What are the historical documents which the British Constitution comprises?
3. What document was the first legal step towards the constitutional monarchy?
4. What are the leading principles to the British Constitution?
5. What are the three branches of government?
Лекция № 7. The British Government.
General information.
The Prime Minister
The Cabinet.
Ministers.
Ways of Restriction of Government’s power.
I. General information.
The modern government is arranged in about 15 departments, each with its ministerial head, normally entitled, for example, ‘Secretary of State for Social Services’. The number of departments change from time to time, as they are split or joined together. Normally, all the heads of departments are members of the House of Commons, though sometimes one is in the House of Lords.
Her Majesty’s Government is the body of ministers responsible for the administration of national affairs. The ministers are appointed by the Crown on the recommendation of the Prime Minister, who is appointed directly by the Crown and is the leader of the party which secured a majority of seats in the House of Commons as a result of a general election.
II. The Prime Minister
The office of the Prime Minister dates from the 18th century and is the subject of a number of constitutional conventions. The Prime Minister is the head of the Government. By convention he always sits in the House of Commons. The Prime Minister is also, by tradition, First Lord of the Treasury and Minister for Civil Service. He consults and advises the monarch on Government business, supervises the work of the ministries and departments and is the principal spokesman for the Government in the House of Commons. He also makes recommendations to the Monarch on many important public appointments, including the Lord Chief Justice, Lords of Appeal in Ordinary, and Lords Justices of Appeal. The Prime Minister’s unique position of authority derives from majority support in Parliament and from the power to choose ministers and to obtain their resignation or dismissal individually.
III. The Cabinet.
The nucleus of Government is the Cabinet. It was originally a small body of royal advisers, a committee of the Privy Council. Until the 18th century the Privy Council was the chief source of executive power in the state. As the system of cabinet government developed, however, the Privy Council declined in importance. The Privy Council is the body on whose advice and through which the Monarch exercises most statutory and many prerogative powers. There are about 330 members of the Privy Council. All cabinet ministers are Privy Councellors; other members are appointed by the Monarch on the recommendation of the Prime Minister.
The Cabinet is the executive organ of government. It is a body of senior ministers selected by the Prime Minister, most of them are heads of departments. Each new Prime Minister may make changes in the size of his Cabinet. The Cabinet consists of the 16 to 24 senior ministers whom the Prime Minister has appointed as members of it.
It is the most important body in the British system of government since it is the Cabinet that formulates the policy of the Government. The Cabinet makes the main decisions about government policy. (There are many Cabinet committees, some permanent and meeting regularly, others set up to deal with special problems. Each of these committees includes ministers from relevant departments. The Prime Minister decides who is to be in each committee, what each one has to do, and what matters are included in the full Cabinet’s agenda).
The Cabinet and its committees work in great secrecy – its agenda and proceedings are secret; no vote is taken, and collective responsibility is assumed for all decisions taken.
British Government is often referred to as ‘Cabinet Government’. The Cabinet meets about once a week in Number 10 Downing Street, the official residence of the Prime Minister.