Prof. Bruno Pierri Lingua Inglese The British Government December 11th, 2009

Parliamentary Democracy – Constitutional Monarchy  No written Constitution  Parliamentary Democracy – Executive chosen from Legislature (House of Commons) and dependent for support upon it  Constitutional monarchy - System of Govt wherein either an elected or hereditary Monarch is Head of State. In theory Monarch retains some powers, but practically they are exercised by Prime Minister  Political party (or coalition) winning most seats in general election forms Govt, led by party leader, who becomes Prime Minister  Premier appointed by Monarch

Constitutional Monarchy: Historical Roots  Magna Carta  First document forced onto an English King by his subjects in an attempt to limit his powers by law  Magna Carta required the King to proclaim certain rights, respect certain legal procedures and accept that his will could be subject to the law  Committee of Barons could at any time meet and overrule the will of the King, through force if needed. In addition, the King was to take an oath of loyalty  For modern times, the most enduring legacy of Magna Carta is: “NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land….”

Constitutional Monarchy: Historical Roots  : English Civil War  Parliament set up, in the name of the people, a High Court of Justice for the trial of the King for treason  Trial and execution of Charles I and replacement of monarchy with Commonwealth of England (Republic)

Constitutional Monarchy: Historical Roots  Glorious Revolution: Bloodless Revolution (no significant battles)‏  Overthrow of King James II (Restoration in 1660) by a union of Parliamentarians with an invading Dutch army led by William III of Orange. The monarch was forbidden to be Catholic or marry a Catholic  Monarch could no longer suspend laws, levy taxes, make royal appointments, or maintain a standing army during peacetime without Parliament's permission

Constitutional Monarchy: Historical Roots  1689: Bill of Rights (Act of Parliament granting certain rights to citizens) A) Freedom from royal interference with the law B) Freedom to elect members of parliament without interference from the sovereign C) Freedom of speech in parliament D) Freedom from cruel and unusual punishment….

Parliament Confidence  Govt needs to retain confidence of majority in House of Commons  Confidence Motion: If House of Commons indicates that it has no confidence in Govt, then Govt calls a general election

Powers of the Crown  Monarchy hereditary with succession to eldest son, or to eldest daughter in case of no male child  Monarch Head of Anglican Church since Henry VIII  Monarch cannot be follower of any other religion  Monarch summons and dissolves Parliament and formally appoints ministers, diplomats and bishops  Head of Judicial System, chooses judges through advisors  Appointment of Premier  Crown opens Parliament through State Opening – beginning of Parliamentary Year. Crown informs Parliament of Govt’s policy plans for new legislation in speech delivered in House of Lords  Crown dismisses Parliament before general elections at request of PM – dissolution  When a Bill is approved by both Houses it is formally agreed to by the Crown – Royal Assent (in Norman French)

The Prime Minister  George I of Hanover A) German dinasty, the King did not speak English so well. Need of an English speaking adviser B) Sir Robert Walpole first PM ( )‏ C) 10 Downing Street residence of PM  Role of PM A) Head of Govt B) Leader of his Party – he must keep the party united C) Premier recommends ministers’ appointment by the Monarch, chosen from MPs and Peers D) Premier determines date of general elections (Prerogative of Dissolution)‏ E) Premier leads and controls Cabinet

Prerogative of Dissolution  Formally the Monarch calls a general election  Practically PM has power to select date of elections  Only legal limit to this power is 1911 Parliament Act, fixing to 5 years the maximum duration of Parliament  Legal basis of right of dissolution is common law, dating back to XIII century, when Parliament was first assembled at order of Monarch whenever Monarch wanted advice  Almost every PM has called elections before the five-year term ended. Otherwise it could suggest that this power be exercised only in special circumstances: Floating date system for timing of elections  Parliament has no power to determine its own existence. PM makes no announcement, neither seeks consent of Parliament  Govt with working majority and good opinion polls is likely to dissolve Parliament after about 4 years in order to achieve a confirmation to its policy and increase majority  Early dissolution (less than three years) only in case of minority Govt or with tenuous majority which could be easily eroded

The Cabinet  Supreme decision making body in Govt; central committee directing work of Govt and coordinating activities of departments  leading ministers  Premier chairs meetings and selects members  History of Cabinet began in XVI Century with Privy Council, a small group of advisers to Monarch  Cabinet has no legal powers, but it has collective responsibility to Parliament, so all members are bound to support Cab decisions even if they are not present

Role of Cabinet  Coordinating policies of Depts‏  Planning for the long term: Ministers are usually worried with here-and-now policy, but some issues require long- term planning  Meetings last two-three hours: bulk of work carried out in Committees and sub-committees, focusing on specific areas of policy  PM has power to hire, reshuffle and dismiss CAB members. PM is theoretically free to hire whomever he/she wishes, but in practice there is a certain praxis: A) Members of the same party B) Big figures of party C) Balance of party opinion: all wings of party should be represented D) Need to reward loyalty: better to include friends and loyal figures E) Balance of youth and experience: need to gain new talents

Ministers and Civil Servants  Ministers: senior Govt members, including A) CAB Ministers (Secretaries of State)‏ B) About 30 Ministers of State C) About 30 Parliamentary Under-Secretaries  Ministers of State and Under-Secretaries are known as “Junior Ministers”  Civil Servants: Dept Officers who arrange day-to- day work. Not elected, not chosen by Ministers  Head Civil Servant in each Dept is called Permanent Secretary. Direct contact with Ministers  Ministers decide, civil servants advise and carry out orders