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Institutions of GovernmentAP COMPARATIVE GOVERNMENT
Institutions
The British government is parliamentary system
In this system there is an executive, a legislature, and a judiciary, but they function very differently than in a presidential system
The executive and legislative branches are fused together with the prime minister and members of the cabinet being sitting members of Parliament
Because of this, separation of powers do not exist
The judicial branch also lacks the power of judicial review
Britain is a unitary state
Political authority is centralized in London and all decisions made are binding
Cabinet and Prime Minister
The cabinet comprises both the prime minister and his ministers
Each of these individuals is from the majority party (or from the coalition)
The term collective cabinet refers to the center of policymaking in the British political system
The prime minister has the responsibility of shaping their decisions on policy
There is not vote in the cabinet and all ministers publicly support the prime minister’s decision
The cabinet takes on a “collective responsibility” for making policy for the country
Cabinet and Prime Minister
The prime minister is the “first among equals” and stands at the top of the unitary government
The prime minister is elected by the majority party in Parliament, or in the case of 2010, by a coalition government
The prime minister:
Speaks legitimately for all members of Parliament
Chooses cabinet ministers and important subordinate posts
Makes decisions in the cabinet, with the agreement of the ministers
Campaigns for and represents the party in parliamentary elections
House of Commons
The House of Commons is the lower house of the legislature
The party that opposes the majority party is known as the opposition party known as the loyal opposition
Working for the loyal opposition is a group of people known as the shadow cabinet
The shadow cabinet are the leaders of the loyal opposition
Less influential MPs are referred to as “back-benchers”
Debate in the House of Commons is usually loud and contentious
This is especially true during Question Time
During this period, the prime minister and his cabinet must defend themselves against attack from the opposition, and sometimes members of their own party
The speaker of the house presides over the debate and allows all to be heard
House of Commons
Party discipline is integral to the success of the government
If there is a vote of no confidence, the cabinet by tradition must resign immediately, and elections for new MPs must be held as soon as possible
This happens when a majority of the House does not support legislation presented by the prime minister
Parliament has substantial powers for members that include
The ability to debate and refine potential legislation
They are the only ones who may become party leaders
The ability to scrutinize the administration of laws
The ability to keep communication lines open between voters and ministers
The House of Lords
The second house of Parliament is known as House of Lords The House of Lords is the only hereditary parliamentary house in existence today
The House of Lords has minimal impact in the workings of parliament
The main powers of the House of Lords are the ability to delay legislation and to debate technicalities of proposed bills
The House of Lords can also add amendments to bill, but those can be removed with a simple majority vote in the House of Commons
The House of Lords formally had a group called the law lords who held the ability to rule acts unconstitutional
This power was removed in 1999
There has been talk about changing the House of Lords so that it contains either voted or appointed members, but no change has taken place
The Bureaucracy
The bureaucracy is stable and powerful
Many top level bureaucrats directly advise ministers and the prime minister and have great power in the creation of policy
Bureaucrats have great discretionary power to make decisions about the implementation of legislation
Ministers heavily rely on bureaucrats to make decisions
The Judiciary
Because British government is largely based upon parliamentary sovereignty
Parliamentary sovereignty is based upon the idea that parliaments decisions being final, it has limited the development of the judicial branch of government
This is a fusion of powers
There is no concept of judicial review in Britain
The idea that supreme authority of the government is in the legislature can also be known as the Westminster model
The British legal system is based upon common law
Common law is dictated by precedents and tradition
Code low does exist, but is based upon strict interpretations of written statutes
The Judiciary
In 2009 a Supreme Court was created to replace the law lords
The court has a president and eleven justices appointed by a panel of lawyers
Their chief function is to serve as the final court of appeal on points of law in cases across the country
Scotland has their own system
The court can nullify government actions if they are judge to exceed powers granted by an Act of Parliament, but cannot declare an Act of Parliament unconstitutional
Britain is now bound to the European Union’s treaties and laws
The courts then determine if British laws conflict with EU laws