1. LAW, POLITICS AND WESTERN SOCIETY
JESIE Summer School II
The British Political System:
Institutions of government
Dr. Edoardo Bressanelli
Lecturer in European Politics. KCL

2. Summary of today’s class
Types of government: parliamentary vs presidential
The Parliament: House of Commons & House of Lords
The Government: PM and cabinet
Some concluding notes

3. Some famous quotes (and concepts)
“The fusion of the legislative and executive functions [is] the latent essence and effectual secret of the English constitution” (W Bagehot, The English Constitution, 1867) Parliamentary Sovereignty: 'There is no higher authority than Parliament, and no legal restraint on the capacity of Parliament to do whatever it wishes' (AV Dicey 1885). Tradition of single-party governments supported by cohesive, disciplined parties (since 1867 at least), has produced the view that Parliament is simply dominated by the Executive

4. What government? Definitions:
All public institutions that make or implement political decisions (broad definition)
The government as a country’s «central political executive» (strict definition)
Two main types in democratic political systems:
1) parliamentary (i.e. UK)
2) presidential (i.e. US)
+ semi-presidential (i.e. France)

5. Parliamentary government

6. Presidential Government

7. Parliamentary vs presidential systems
«Fusion» of powers in parliamentary systems vs. «separation» of powers in presidential systems
Governments accountable to parliament (indirectly to voters) vs. President accountable to voters (directly)
Head of state plus head of gov in parliamentary systems vs. Head of state and gov is the same person in presidential systems

8. The palace of Westminster
The Parliament
The palace of Westminster

9. Parliament: key facts
The basic distinction is whether the legislature has one chamber (unicameral) or two (bicameral). In the latter, the lower chamber provides representation for the population as a whole and it is directly elected. The upper chamber can also be directly elected but does not have to be. It is usually designed to represent a defined group or unit (e.g. state governments in federations) The UK has a bicameral parliament constituted by the House of Commons (lower chamber) and the House of Lords (upper chamber)

10. The Commons: party composition

11. The Lords: party composition
Note: as of July 2015

12. Adversarial structure

13. The functions of Parliament (I)
Providing the personnel of government
All ministers (and the PM) are drawn from the Commons
It does not need to be so in other systems: the US President can choose his ministers from a wide range of positions

14. The functions of Parliament (II)
Providing support for the government
The government needs the confidence of parliament to stay in office
Government requires the formal assent of parliament both for the passing of legislation and for the grant of money
Debating and discussing policies, the parliament serves to legitimize the government (responsible government)

15. The functions of Parliament (III)
Law-making
Most legislation is initiated by the government
Between and sessions government had an average legislative success rate of 95 per cent; individual MPs 7.5 per cent (Kelso, 2011, p. 225)
Role of committees: Public Bill Committees are more restricted arenas where legislation is scrutinized. Now have power to collect evidence on the bills being debated.

16. The functions of Parliament (IV)
Scrutiny of the government
Parliaments are a forum in which opposition and backbench MPs can ask members of the government to explain themselves (Debates, Question Time, providing expertise)
- Departmental Select Committees – members, cross-party. Call inquiries, issue calls for evidence, produce reports, require departments to respond to reports

17. Scrutiny explained by MPs

18. Question Time: the PM responds to Members

19. The House of Lords The upper chamber in the British pol system
Its members are not elected. It has a subordinate position with respect to the Commons (representing the British people)
Throughout the XX century, the House of Lords was reformed in several respects to reflect democratic developments

20. Reforming the Lords
Lost power of outright veto through Parliament Act (replaced by 'suspensory' veto)
The House of Lords has no say on money bills; non- money bills could be delayed for two sessions (one from the 1949 Parliamentary Act)
Changes in composition – three Acts.
1958: Life peers; 1963: Hereditary peers could renounce to their titles; 1999: only 92 hereditary peers remain

21. A peculiar membership Hereditary Peers (92) Lord Spirituals (26)
Dukes,
Marquesses,
Earls,
Viscounts
and Barons

22. Reforming (further) the Lords?
Getting rid of the upper house altogether?
Abolishing hereditary peerage?
Introducing elected members?
Limiting its powers further?
Too many Lords: cutting their numbers?

23. Trust in Parliament
Data: World Values Survey (2005). The bars represent the percentage of respondents answering they had ‘a great deal or ‘quite a lot’ of confidence in their national parliament, as opposed to ‘not much or ‘none at all’.

24. Public trust in professionals

25. How good MPs are at different aspects of their job

26. The government: which type? (1)
CABINET GOVERNMENT
Parliamentary sovereignty
Cabinet need to enjoy confidence of parliament
Fusion of executive and legislature
Collective and individual cabinet responsibility
Prime minister – first among equals (PM acts as chairman rather than chief)

27. The government: which type? (2)
PRIME MINISTERIAL GOVERNMENT
Patronage
Capacity to select and dismiss cabinet members
Sets cabinet agenda
Can announce cabinet decisions without recourse to formal voting
Creation of Cabinet Office (1916)

28. PM and Ministers (& the Queen)

29. The Prime Minister The PM is the leader of the majority party
Appoints and dismisses ministers
Determines the cabinet agenda
Represents the nation at international summits and in the EU

30. Some final notes
The British political system = Westminster model = centrality of parliament
Yet, paradoxically, in such a parliamentary system the PM is the most powerful figure
The parliament also suffers a crisis of legitimacy and reform (especially of the House of Lords) is continously discussed