Reading: Norton CH 3

Guiding Questions  What makes the British constitution unique?  What are the sources of the British constitution?  What are the pillars of the British constitution?  What role does the monarchy play in British politics?

The British Constitution  Constitutions communicate the fundamental relationships between political institutions within political society.  i.e. separation of powers; checks and balances, etc.  Also lays out the relationship between the government and the governed.  British constitution “unwritten”  Does not exist as a single document.  Unique amongst liberal democracies in this regard  Content of the constitution has been a subject of debate.

The Sources of the Constitution  Legal and non-legal sources for the British constitution.  Legal:  Magna Carta, laws of Parliament, EU law, human rights law, and case law.  Non-legal:  conventions, customs of Parliament, and scholarly works (e.g. Bagehot’s English Constitution).  Parliamentary law and EU law are the most significant sources of the British constitution.

The British Constitution  Several groups argue in favor of codifying the constitution in written form.  Governments have been reluctant to do so arguing that:  1) Not apparent that an unwritten constitution has made it difficult to govern democratically  2) A written constitution would constrain the ability of government’s to govern.

The Five Pillars of the British Constitution  Five aspects of the British constitution are critical for our understanding of British politics.  1) Constitutional monarchy  2) Parliamentary sovereignty  3) Cabinet government  4) British judiciary  5) Unitary system

The British Constitution: Monarchy  The UK is a constitutional monarchy.  Executive authority is divided between the head of state (monarch) and the head of government (prime minister).  Rise in prominence of parliament vis-à-vis the monarchy (or the decline of absolutism) linked to the seating of William and Mary.  Monarch performs the “dignified” rather than the “efficient” executive functions.  The current monarch: Queen Elizabeth II  Reigned since 1952.

Succession  Line of succession runs through the male line first; female line second.  Elizabeth II is the oldest daughter in a family with no male heir.  Edward VIII’s abdication placed her father George VII on the throne.  The monarch cannot 1) be a Roman Catholic or 2) marry a Roman Catholic.  Private members bills have been authored to remove prohibitions on marrying a Roman Catholic and ending male primogeniture.  Proposals would still require the monarch to identify with Anglicanism.  Concern that all states accepting Elizabeth II as monarch (Commonwealth realm states) would have to accept any changes made to succession has frustrated movement on these issues.  No real movement likely until a government party takes it up

Functions of the Monarchy  Custom and convention shape the monarch’s role within the system.  Monarch maintains prerogative powers.  1) Appoints the prime minister  Although this authority is limited.  2) Advises the prime minister  Described by Bagehot as “the right to be consulted, the right to encourage, the right to warn”

Functions of the Monarchy  3) All bills require Royal Assent in order to become law.  In reality, assent is usually a formality.  4) Dissolves Parliament.  But this is done at the request of the prime minister.  Taken together, these functions and the conventions surrounding them have circumscribed monarchical authority.  But they do, however, legitimize the monarch as the neutral embodiment of the state.  5) Serves as the Supreme Governor of the Church of England.  Primarily symbolic; formally appoints bishops after consultation with the Prime Minister.

Conclusions  Depoliticizing the monarchy boosts the monarch’s role as head of state.  Neutrality and non-partisan nature seen as a sign of strength.  While the monarchy provides important symbolic functions, Parliament is essentially the guarantor of the constitution.  Parliament controls the amendment process; a written constitution might limit the ability of government’s to change laws, etc.  The judiciary does not have judicial review; they rule on the scope and intent of bills not on their constitutionality.

Next Unit  Theme: The British Constitution and Parliamentary Sovereignty  Readings: Norton CH 8 and 9