BRITISH CONSTITUTION AND THE SYSTEM OF GOVERNMENT

The United Kingdom is a parliamentary democracy with a constitutional monarch as Head of State.

CONSTITUTION – a set of the most important principles according to which a state is governed. The fundamental issue is whether it is written or unwritten (uncodified).

British constitution is unwritten. Probably written constitutions are more likely to appear after some revolutionary changes in the country (France, the USA.

What is the source of constitutional practices in the UK?

1) Statute – a number of individual legal acts -> the Acts of Parliament, e.g. The Bill of Rights (1689 – constitutional outcome of the Glorious Revolution; the king is supposed to rule the country together with the Parliament) or Reform Act (1832 – foundation for the system of elections)

2) Common law – prawo zwyczajowe; developed by judges through decisions of courts and tribunals. Its foundations were created by Henry II who introduced the same law for every part of the country and included in this law local regulations.

3) Constitutional conventions – refer to certain routines, practices, regulations and rules which are here for ages and are still respected, although in some cases they may seem weird or meaningless.

E.g. * The Woolsack – a large seat in the House of Lords, filled with wool and covered with red material, with no back or arms. Every time the speaker of the House of Lords deliveres a speech, he must sit there.

The source of this custom is in the 13^th century, when wool was a symbol of luxury and prestige, so sitting on a wool seat made a person dignified.

* the Queen is the owner of all swans in England

* if you live in MPD (Metropolitan Police District) in London, you are not allowed to beat your carpet in the street (with the exception of the Square Mile, the City of London – a part which is excluded from MPD)

4) Treatises – a number of historical books by philosophers, historians and political philosophers who were concerned with the political life:

* Erskine May A Practical Treatise on the Law, Privileges, Proceedings and Usage of Parliament, 1844 – the parliament and its role

* Walter Bagehot The English Constitution, 1867 – the study of the relations between the monarch and the parliament

* A. V. Dickey An Introduction to the Study of the Law of the Constitution, 1885 – individual freedoms

5) Treaties – international documents accepted by the UK, e. g. the Lisbon Treaty or the document signed when the UK joined NATO

Uncodified constitution is controversial. On one hand it allows greater flexibility in interpretation and if there is a need for a change it is easier, without a complicated legal process, but on the other hand people don’t have a document they could refer to, so everything can be discussed forever.

The British political system

The British political system is headed by the Queen (more info in the booklet)

Arms of the state:

• executive -> the Government which runs the country and proposes new laws

• legislature -> the Parliament; the elected body which passes new laws

• judiciary -> judges and courts who ensure that everyone obeys the law

The UK parliament:

The UK parliament is often called Westminster, which is actually the name of the palace it occupies. The Parliament consists of two chambers:

1. The House of Commons – the lower chamber, but with more authority; it is chaired by the Speaker. The House of Commons has 650 members, each representing one constituency (okręg wyborczy). To take part in the election you must be 18. The colour of this chamber is green. The approach to debates in the House of Commons is confrontational – the government and the opposition face each other, which encourages dynamic discussions.

2. The House of Lords – the higher chamber, but with less authority and power; it cannot block the will of the House of Commons, its role is to revise legislation and check on the Government by scrutinizing its activities. Several attempts were made to modernize it, but they all failed. It was suspended only during the Interregnum (Oliver Cromwell). The House of Lords is created by ~800 members, including:

• 90 hereditary peers: Baron, Viscount, Earl, Marquess, Duke

The right is given by birth; the number of hereditary peers was reduced in an attempt to modernize the House of Lords

• Over 550 life peers – recommended by the Prime Minister and appointed by the Queen as a regard for their achievements

• Lords Spiritual – Archbishop of Canterbury, Archbishop of York and 24 other bishops

The colour of this chamber is red.

1314 – the battle of Bannockburn; in 2014, when there is the anniversary, there will be a referendum whether Scotland will remain in the UK.

There are 437 seats in the House of Commons, while there are 650 members; it helps to avoid people sleeping during debates and discourages disinterested members from coming to the debate.

Political Parties in Britain date back to the 17^th century, when two fractions (royalists and parliamentarians) appeared. Most important parties nowadays:

• The Labour Party – center-left party, led by Ed Milliband

• The Conservative Party (the Tories) – the oldest Conservative party in the world; center-right, led by David Cameron

• The Liberal Democrat Party – led by Nick Clegy

In the last election (2010) the Conservative Party won 306 seats, while 326 is needed to win the majority. Thus they had to form a coalition with Liberal Democrats. Such situation (winning the election, but not the majority) is called hung parliament.

PMQT – Prime Minister Question Time; each Wednesday at 12:00 for half an hour the Prime Minister answers questions.