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British Political System: PART II

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British Political System: PART II 1.Represents government 2.Symbol of authority and source of advice 3.Providing continuity and stability 4.Constitutional flexibility 5.Embodiment of tradition and object of identification for masses 6.Symbol of unity of the UK . Hereditary head of state . Part of both executive and legislative powers . „the monarch reigns, but does not rule“ . King can do no wrong (1711) 1.UK = parliamentary democracy + a constitutional sovereign as Head of State 2.Not publicly involved in the party politics of government 3.Entitled to be informed and consulted, and to advise, encourage and warn ministers 4.Royal Assent 5.Reserve power to dismiss the PM 6.Reserve power to make a personal choice of successor PM . To appoint a Prime Minister of her [his] own choosing (1963) . To dismiss a Prime Minister and his or her Government on the Monarch's own authority (1834) . To summon and prorogue parliament . To command the Armed Forces . To dismiss and appoint Ministers . To refuse the royal assent (1707/8) . The power to declare War and Peace . The power to deploy the Armed Forces overseas . The power to ratify and make treaties . But 2010 Constitutional Reform and Governance Act . codifying the Ponsonby Rule (constitutional convention: most international treaties had to be laid before Parliamet 21 days before ratification . Personal, political and criminal inviolability . Unaccountability . To issue and withdraw passports . To appoint Bishops and Archbishops of the Church of England . To grant honours . Prerogative of Mercy . …. Annually . Tradition from 1600s . Current ceremony 1852 . Presented in HL . HC members present too . Followed by . 'Humble Address to the Queen . Parliamentary debate on the Speech . 4-5 days . Speech is then approved of by HC . Above-parties . No participation in elections . Co-operate with any cabinet . Avoid controversial statements . „King can do no wrong“, if his steps consulted with the cabinet . Part of the parliament . Royal Assent (no legislative initiative) . Bagehot (1867): „But the Queen has no such veto. She must sign her own death-warrant if the two Houses unanimously send it up to her. It is a fiction of the past to ascribe to her legislative power. She has long ceased to have any.“ . Queen‘s Consent . from 1600s kings do not sign bills in person . Except. 1854 . until 1967 Lords Commissioners . From 1967 Royal Assent Act . „La Reyne le veult“ . Queen‘s approval needed for bills affecting . Royal Prerogative QUEEN‘S . Personal property . Personal interests . Hereditary revenues of the Duchy of Lancaster CONSENT AND or the Duchy of Cornwall (Prince‘s Consent) PRINCE‘S CONSENT (2012) 1. RA after parliamentary voting QUEEN‘S 2. RA all legislation CONSENT X 3. RA always provided (after 1707) 4. RA royal prerogative (constitutional part) ROYAL ASSENT . X QC parliamentary procedure . Traditional right to attend cabinet meetings . Exception . 1781 George III . WW2 George VI . 2012 Elisabeth II 1. Bill of Rights (1689) 2. Act of Settlement (1701) 3. Succession to the Throne Act (2013) male preference primogeniture Exclusion of catholics . Also 16 Commonwealth countries . Australia, Canada, Antigua and Barbuda, Bahamas, Barbados, Belize, Grenada, Jamaica, New Zealand, … 1. End of male preference primogeniture 2. End of disqualification of persons married to Catholic spouses in the succession to the Crown 3. Monarch is still required to be Protestant 4. Royal Marriages Act 1772 repealed 5. Only the first 6 persons in line to the throne require the Sovereign's approval to marry . Legis = genitive case of lex (law) . Lator = a person, who proposes . House of Commons . House of Lords . Monarch . 700 -1100: Witenagemot . After 1066: Magnum Concilium (Great Council) . → assembly of church leaders and wealthy landowners to discuss the affairs of the country . From 1254 knights as well 1265 de Montfort Great Council enlarged by towns → PARLIAMENT . The term „parliament“ used since 1239 . Originally : an act of „discussion“ . Parliament = Great Council‘s debate . Great Council summoned irregularly . Regular meetings after 1327 (Edward III) . Information and communication . Consultative and advisory body . Collect taxes . 1297 – no taxation without representation . 1341 reaffirmed . House of Commons . knights of the shire (representatives of the counties) . burgesses (representatives of the towns) . House of Lords . noblemen . Clergy . Extremely weak bicameralism (Sartori) . Walter Bagehot (1867): . Elective . Expressive . Teaching . Informing . Legislative . Making x providing consent (refusal) of bills . Major function: . Control of cabinet . MPs expected to take care of their voters . Hereditary peers . Life peers . Bishops (Lords Spiritual) Independent or minor party members Non-aligned to any party CROSSBENCHERS Own parliamentary group No whips (only „Convenor) No common positions . Other non-affiliated members . Outside the crossbenecher group: 1. Lord Speaker 2. Lords Spiritual 3. Members with only loose association with parties . Bad reputation . Blocking modernization . Defeat of liberal cabinet . Reform of religious education (1906) . limitations of pubs and drinking hours . „People’s Budget“ (1909) . → Act of Parliament 1911 1. HL lost power to reject money bills 2. Replaced the HL‘s veto over other public bills with the power of delay 3. HC tenure: 7 to 5 years.
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