EXECUTIVE ▪Monarch ▪Government X cabinet ▪ Cabinet ministers and their deputies ▪ Ministers outside cabinet and their deputies ▪ Secretaries of the ministries ▪ Whips ▪ Other important persons (i.e. academia) ▪ Growing complexity of state administration ▪ → council (curia regis) ▪ Major minister (Lord Chancellor) ▪ 1200s – the top royal officer and chief of the royal court ▪ Executive, judicial and advisory role ▪ 1500s – 1600s – Privy Council ▪ Specialization, about 50 members James I, Charles I and favorites in the Privy Council consultations with a small group of the council Charles II (1625-85) secret character of meetings →Cabinet Council or Cabinet ▪ Originally – King selected ministers ▪ Government ≠ collective body ▪ Glorious Revolution ▪ First PM Robert Walpole (1721–42) ▪ the First Lord of the Treasury ▪ Chancellor of the Exchequer ▪ George I (1714-27) ▪ Little knowledge of England, law and constitution ▪ → King‘s deputy necessary ▪ → CC: King no access to cabinet meetings ▪ 1784 George III – attempt at revival of monarch‘s power 1. Cabinet – from MPs → end of incompatibility of minister and MP 2. Cabinet rests on HC‘s support ▪ If it fails to get it, cabinet resigns 3. „Modern“ departure from politics 4. Downing street 10 ▪ Residence since 1730 ▪ George II ▪Cabinet members selected by the King ▪Cabinet responsible to the King ▪Tories and Whigs – loose groups ▪Ministers – responsible only for their resorts ▪PM‘s resignation ≠ resignation of ministers ▪ Industrial revolution (rise of capitalism) ▪ Rise of new classes, calling for political rights ▪ Electoral and parliamentary reform ▪ Rise of parties ▪ → consequences of cabinet: ▪ cabinet – much closer link to parties ▪ Ministers accepted collective responsibility ▪ Higher discipline of parties ▪ Evidence/analyses/expertise – based decision-making ▪Powers derived not from King, but from the people ▪Real power rested on ▪ Party support ▪ King‘s support ▪ + Personal charisma ▪1834 Robert Peel „Tamworth manifesto“ ▪ Conservative principles ▪„Prime Minister“ – unofficial title until 1905 ▪1917 „Prime Minister“ first formal usage ▪ The Chequers Estate Act ▪1937 constitutionalization ▪ Ministers of the Crown Act ▪PM originally from HL ▪1800s: HL or HC ▪ 1902 lord Salisbury ▪1900s: HC ▪ Break 1923 George V: lord Curzon vs. Stanley Baldwin ▪1940 Winston Churchill vs. lord Halifax ▪Lord Beaverbrook: "Chamberlain wanted Halifax. Labour wanted Halifax. Sinclair wanted Halifax. The Lords wanted Halifax. The King wanted Halifax. And Halifax wanted Halifax." ▪19.10. PM ▪23.10. disclaimed his earldom ▪2.11 – by election ▪ Kinross and West Perthshire ▪ After 1688 - ministers selected increasingly from HC ▪ King needed parliamentary support ▪ Today about 1/5 government members from HL ▪ Exceptionally - minister ≠ MP ▪ Consequences ▪ a small pool of potential ministers ▪ increased legitimacy of government ▪ First Lord of the Treasury ▪ First above unequals ▪ Premier-dominated model ▪ Leader of the largest parliamentary party ▪ De facto took over most of monarch‘s powers (CC) ▪ Mediator between government and monarch ▪The Night of the Long Knives ▪ 1962 ▪ 1989 NIGHT OF THE LONG KNIVES ▪1963 Richard Crossman – shift from cabinet government to prime ministerial government ▪ „if we mean by presidential government, government by an elective first maigstrate then we in England have a president as truly as the Americans“ „SOFA GOVERNMENT“ Policy made by PM and his special advisers rather than career civil servants Now Later Originally ▪ Countersignature ▪ Originally a mere formal act ▪ Later material responsibility too ▪ James III ▪ → 1216 principle „King can do no wrong“ ▪ Gradual shift of responsibility from the King to the council ▪ Originally – King the only decision maker ▪ However: sacrosanct ▪ → dispute between the King and parliament hard to solve ▪ Parliamentary dissolution ▪ Toppling the King (= anarchy) ▪ Solution: transfer of responsibility to the King‘s executive ▪ Judicial responsibility ▪ →impeachment + attainder ▪ since 1340 „audits“ of King‘s officials ▪ Edward IV (1461 – 70) ▪ Political responsibility ▪ Government appointed in line with the parliamentary majority ▪ Resignation of PM and government ▪ No-confidence vote ▪ Originally – the only way to control and punish executive ▪ Stuart Kings tried to rule more informally ▪ through cabinet, junta ▪ Parliament responded by reviving the power of impeachment ▪ king can do no wrong ▪ »» any wrongfulness attributed to the „evil counsel“ of his ministers ▪Major problem ▪ To ensure control over King‘s executive ▪The only tool: ▪ Impeachment (ex post) ▪ 1626 Charles I dissolved the parliament ▪ Controversial steps in raising money ▪ Parliament‘s reaction ▪ Petition of rights (1628) ▪ Grand Remonstrance (1641) ▪ purge of officials ▪ Expulsion of bishops ▪ a right of veto over Crown appointments ▪ 1688 dispute over composition of the cabinet solved in principle ▪ King still in charge of cabinet appointment ▪ Increasing power of parliament ▪ Impeachment replaced with a simple majority vote ▪ Less formal than impeachment but more efficient ▪ Gradual way to confidence principle 1. Government resignation 2. No confidence vote ▪ Resignation of PM ≠ resignation of government ▪ after 1742 resignation, if lost confidence of the HC ▪ after 1841 resignation, if HC rejects budget ▪ after 1868 resignation, if lost elections ▪ Legally NCV is not binding ▪ 1742 Robert Walpole ▪ 1782 lord North ▪ Whigs introduced a motion to end the war in America (234x215) ▪ = George III quit support for war ▪ = loss of confidence in the cabinet ▪ »»» North‘s resignation (+ all his ministers) ▪ 1783 George III appointed the government by James Fox+ Frederick North ▪ Dec. 1783 George recalled the government ▪ Defeated in the HL ▪ → new PM: William Pitt ▪ Pitt weak support in the HC → protest J.Fox + F. North ▪ 1784 HC motion: ▪ „…the Continuance of the present Ministers in their Offices is an Obstacle to the Formation of such an Administration as may enjoy the Confidence of this House…“ ▪ Pitt rejected to resign ▪ Supported by the King, HL, public ▪ Fragile opposition ▪ »» Pitt asked the King to dissolve the HC ▪ »»» repeatedly ignored ▪ 1800s: principle of guilt ▪ Wellington vs. Melbourne 1832 ▪ Derby vs. Russell 1852 ▪ Disraeli vs. Gladstone 1873 ▪ However: 1832-67 often no clear majority ▪ →difficult to apply ▪ 1841 cabinet Melbourne ▪ HC rejected its budget ▪ →Robert Peel proposal: ▪ If HC rejects budget, government has to resign ▪ »»» proposal accepted by 1 vote margin ▪ = consolidating no-confidence vote rules ▪ Only towards PM and cabinet as a whole ▪ Simple majority ▪ Voting takes priority over other motions ▪ Announced at least 1 day earlier ▪ A single MP may propose that No-confidence vote Confidence vote ▪ Initiated by opposition ▪ Initiated by the cabinet ▪ Goal: ▪ Goals: 1. topple the cabinet 1. Defense against „rebels“ 2. Early elections 2. Consolidation of government camp ▪ 1945-99 – 27 unsuccessful opposition initiatives 3. Boosting cabinet legitimacy ▪ After 1945: only 1 successful ▪ 1945-1999 - only 3x motion ▪ Negative parliamentarism ▪Different understandings 1. Government responsible to public 2. Government responsible to parliament 3. Government responsible for its policies ▪ most relevant from a constitutional perspective ▪ Individual responsibility ▪ Collective responsibility ▪ → if government loses support (no confidence vote, defeat of an important bill), government expected to resign 1. Minister must reply to MPs‘ questions 2. HC may force the minister to resign ▪ Minister resigns due to a serious mistake ▪ 1954 Thomas Dugdale (Crichel Down affair) ▪ 1982 lord Carrington (Falkland war) ▪ Resignation following a failure is rare ▪ E.g. 2003 Iraq (chemical weapons) ▪ Resignation following private scandals ▪ 1963 Profumo affair ▪ 1992 David Mellor ▪ 1994 Tim Yeo ▪ Constitutional theory ▪ Ministers must answer publicly for all decision in their department ▪ Political practice ▪ Ministries – large structures ▪ Multiple delegation of responsibility ▪ Fuzzy borders of responsibility (quangos) ▪ Quick and frequent reshuffles ▪ Party discipline (parties support ministers) ▪ American war of independence ▪ HC x lord North 1778-9 1. Secrecy – decision-making takes place in private 2. Unanimity – once the decision was taken, all ministers are obliged to support it 3. Confidence – cabinet must retain support of the HC ▪ Political practice ▪ Occasionally PMs undermine collective responsibility ▪ 1975 Harold Wilson : EC ▪ 2016 David Cameron: Brexit 1. FPTP: Westminster, local elections England and Wales 2. AMS: Wales, Scotland, London assembly 3. STV: Northern Ireland Assembly, deputy Speakers HC, local elections in Scotland, Northern Ireland and EP elections in Northern Ireland 4. Alternative Vote (AV) – Speaker (HC) and chairs of HC committees, by-elections for hereditary peers 5. Supplementary vote – mayors in London, England and Scotland 6. PR – EP outside Northern Ireland ▪ Elections = de facto „referendum“ on future PM ▪ Single chain of delegation of power ▪ Elections – parliament – government - administration ▪ Hailsham (1976): „elective dictatorship“ ▪ Parliament = only directly elected body ▪ Parliamentary sovereignty 1. One round 2. Each party: one candidate 3. Single-member districts 4. „winner-takes-all principle“ ❑ Favours largest parties ❑ Extreme parties penalized ❑ Small parties penalized ▪ Except for small parties with local bastions ❑ Clear choice between two government alternatives ❑ Conducive to bipartism ❑ Conducive to one-party