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Christophe Tournu

Professeur, LSHA
© Université de Strasbourg, 2011
Outline of the course

This course will fall into 6 parts:


 1 A physical geography of the British Isles,
together with some political elements
 2 A Short History of Britain
 3 The Constitution, the UK Parliament,
and the Government
 4 A Survey of the British People
 5 UK Economy, Welfare and Social Evils
 6 British Life and Culture
Course #3 – 29 mars 2011
I – The UK Constitution

 I – The UK Constitution

 In the UK there is no written constitution – contrary


to France or the US, for example. Yet the majority of the
British constitution does exist in the written form of
statutes, court judgments, and treaties.
I – The UK Constitution
I – The UK Constitution
 As you can see on the above graph, Britain's constitution has developed in
haphazard fashion, building on common law, case law, historical
documents, Acts of Parliament and European legislation. It is not set out
clearly in any one document.

 Why is there no written constitution in Britain? It is because the country


has remained stable for a long period of time. There was no popular revolt
or war – even the English Revolution, which led to the abolition of kingship
and the establishment of the Commonwealth, was run by a minority group
(The Independents), not by the people.

 As a result, the British democracy has been reformed incrementally over


centuries rather than in one big bang.
I – The UK Constitution
 In the 19th century, A.V. Dicey, a highly influential constitutional
scholar and lawyer, wrote of the "twin pillars" of the
British constitution in his classic work An Introduction to the
Study of the Law of the Constitution (1885). These pillars are, first, the

principle of Parliamentary sovereignty


(Parliament is the supreme law-making body of the UK); and, second, the

rule of law (All laws and government actions conform to certain


fundamental and unchanging principles).

 Unlock Democracy (incorporating Charter 88) is the


UK’s leading campaign for democracy, rights and freedoms.
I – The UK Constitution
I – The UK Constitution
 It is a grassroots movement,
which campaign for:

 Fair, Open and Honest Elections


 Rights, Freedoms and a Written Constitution
 Stronger Parliament and Accountable Government
 Bringing Power Closer to the People
 A Culture of Informed Political Interest
and Responsibility

 In particular, UnlockDemcracy is campaigning for “An Unspoken


Constitution” >>
II – The UK Parliament
 The UK Parliament is made up of 3 parts:
 The Queen
 The House of Lords
 And the House of Commons
 Indeed, Her Majesty is part of Parliament
because Parliament cannot enact any law
of its own without the Queen’s consent;
before they are signed into law, Acts (FR. :
lois) are only bills (FR. : projets de loi).
II – The UK Parliament
 Even before the UK and political parties came into existence, the
Westminster Parliament was supposed to be the ideal system of
government. Why? As Charles Ist himself wrote in 1642, Parliament
was a balanced mixture of all three possible sorts of constitution, a
system of government extolled by Aristotle:

 Monarchy – represented by the Queen


 Aristocracy – represented by the Lords
 Democracy – represented by the Commons

 Well, the House of Lords, just as the Queen and the House of
Commons, is a main ingredient of British democracy (It was
abolished from 1649 to 1660). Together, the three forms of
constitution could not degenerate.
II – The UK Parliament
 What is the difference between Parliament and Government?
 The government runs the country. It has responsibility for
developing and implementing policy and for drafting laws. It is also
known as the Executive.
 Parliament is the highest legislative authority in the UK. It has
responsibility for checking the work of government and examining,
debating and approving new laws. It is also known as the
Legislature.
 PLAY VIDEO *** (Parliament and Government: An Overview) >>
 (http://www.parliament.uk/education/online-resources/videos/ygtp-
parliamentoverview.htm)
II – The UK Parliament
 The Queen
 Elizabeth II became queen of the United Kingdom of Great Britain
and Northern Ireland in 1952 upon the death of her father.

 She is also head of state of 16 independent countries


(Commonwealth realms), including Canada and Australia.
II – The UK Parliament
 The Queen (ctd.)
 What is her role?

 “The Queen is Head of State in the


United Kingdom. As a constitutional monarch, Her
Majesty does not 'rule' the country, but fulfils important
ceremonial and formal roles with respect to Government. She
is also Fount of Justice, Head of the Armed
Forces and has important relationships with
the established Churches of England and
Scotland.”
II – The UK Parliament
 The Queen (ctd.)
 As a constitutional monarch (Cf. What is constitutional monarchy?
>>), her role in the legislative process is largely ceremonial. What she
has to do, so far as Parliament is concerned, is to sign bills into law.

by convention, she
As a matter of fact,

cannot oppose any


Parliamentary bill, i.e. the
royal assent is automatic.
II – The UK Parliament
 The Queen (ctd.)
 Secondly, even if she appoints the PM, the latter is the leader of the
party in Parliament. She cannot appoint anyone else.

 Thirdly, even if she holds meetings with the PM every week, she
cannot discuss politics. It would raise a scandal if she did.

 Lastly, even if she delivers the Queen’s Speech every year to open
every Parliamentary session, her speech is written by the PM in
office.
II – The UK Parliament
 The Queen (ctd.)
 The Queen also represents Britain to the rest of the world.
 As 'Head of Nation', her role is to provide a focus for national
identity, unity and pride; give a sense of stability and continuity;
recognise success, achievement and excellence; and support service
to others, particularly through public service and the voluntary
sector.
 The Queen is “Defender of the Faith”, i.e. she has a specific role to
play in the Churches of England and Scotland. There is no
established church in Northern Ireland and Wales.
 The Queen is nominally the Commander-in-Chief of the Armed
Forces (That is, she is the only person to declare war and peace), but
de facto authority is exercised by the PM.
II – The UK Parliament
 The Queen (ctd.)

 To sum up, the Queen's role is to


- Perform the ceremonial and official duties of Head of State,
including representing Britain to the rest of the world;
- Provide a focus for national identity and unity;
- Provide stability and continuity in times of change;
- Recognise achievement and excellence;
- Encourage public and voluntary service.

 More information about the Queen >>


II – The UK Parliament
 The House of Lords

 It is the Parliament’s second chamber, also called the Upper House.


 As of 4 January 2010, the House of Lords has 735 members.
 Members of the House of Lords inherited their seats. They were known as
hereditary peers. The House of Lords Act 1999 (>>) excluded hereditary
members from the Upper House:
 “No-one shall be a member of the House of Lords by virtue of a hereditary
peerage.”
 Yet, there was a compromise: 92 hereditaries were allowed to remain in the
House on an interim basis.
 The Act nearly halved the membership of the House, from 1,330 (13 October
1999 >>) – the highest figure ever recorded – to just 669 (31 March 2000 >>).
 As another result of the Act, the overwhelming majority of the Lords were
life peers.
II – The UK Parliament

By Type Men Women Total

Archbishops and bishops 26 0 26

Life Peers under the Appellate Jurisdiction


22 1 23
Act 1876

Life Peers under the Life Peerages Act 1958 450 144 594

Peers under House of Lords Act 1999 90 2 92

TOTAL 588 147 735


II – The UK Parliament
 The House of Lords (ctd.)

 What is the role of the House of Lords?


 Its main job is to 'double check' new laws to make sure they are fair and will
work.
 The House of Lords can only delay a new law initiated in the commons.
 It can do this because bills must go through both Houses before they
become 'Acts' (laws).
II – The UK Parliament
 The House of Lords (ctd.)

 The House of Lords was part of the legislative as well as head of the
judiciary as the highest court in the UK – until last year.
 The judicial role of the House of Lords as the highest appeal court in the UK
ended on 30 July 2009. See judiciary organization chart >>
 On 1 October 2009, The Supreme Court replaced the Appellate Committee
of the House of Lords (i.e. the 12 Law Lords) as the highest court in the
United Kingdom.
 It is the final court of appeal in the UK for civil cases. It is the highest
jurisdiction for criminal cases in England, Wales and Northern Ireland (but
not in Scotland). It hears cases of the greatest public or constitutional
importance affecting the whole population.
II – The UK Parliament
 The House of Lords (ctd.)

 The Supreme Court is situated on Parliament Square, Westminster,


opposite the Houses of Parliament and Big Ben.
 This new location is highly symbolic of the UK’s separation of powers,
balancing judiciary and legislature across the open space of Parliament
Square, with the other two sides occupied by the executive (the Treasury
building) and the church (Westminster Abbey).
 The Supreme Court has been established to achieve a complete
separation between the United Kingdom’s senior Judges and the Upper
House of Parliament, emphasizing the independence of the Law Lords and
increasing the transparency between Parliament and the courts.
II – The UK Parliament
II – The UK Parliament
II – The UK Parliament
 Symbol of the UK Supreme Court of Justice:

 The Omega sign represents the highest degree in law / justice, and the three
flowers represent (from left to right) the national flowers of Scotland,
England, and Wales (the thistle, the rose, and daffodil).
 The Lord President chairs the House of Lords.
II – The UK Parliament
 The House of Commons

 It is made up of 646 democratically elected members of Parliament, each


representing an area of the UK known as a constituency.
 Every four years, there is a general election, which determines which MPs
will be taking a seat. Once they are elected, their job will be to represent the
interests of their constituency while taking power in debates, the passing of
laws, and the controlling of government spendings.
 The system is the first-past-the-post system (FR. : scrutin uninominal à un
tour). There is no proportional representation. The party with the largest
number of members in the Commons forms the government. The majority
party is currently the Labour party, and its leader, Gordon Brown, is PM. The
Opposition party is the Conservative party. Its leader is David Cameron.
 The House of Commons is chaired by a Speaker.
II – The UK Parliament
Labour 349

Conservative 193

Liberal Democrat 63

Scottish National Party/Plaid Cymru 10 SNP 7/PC 3

Democratic Unionist 9

Sinn Fein 5
Have not taken their seats and cannot vote
Social Democratic & Labour Party 3

Independent 5

Independent Conservative 1

Independent Labour 1

Ulster Unionist 1

Respect 1

Speaker & 3 Deputies 4 Do not normally vote


Vacant seats
1
(North West Leicestershire)
Total no. of seats 646

Current working government majority 62


(349 Labour MPs less 287 of all other parties -
excludes Speaker & Deputies and Sinn Fein)
II – The UK Parliament
 The House of Commons (ctd.)

 Members of the Commons (MPs) debate the big political issues of the day
and proposals for new laws. It is one of the key places where government
ministers and the principal figures of the main political parties, work.
 The Commons alone is responsible for making decisions on financial Bills,
such as proposed new taxes.
 On both houses:
 Summary:
 The main roles of the UK Parliament are:
 Examining and challenging the work of the government (scrutiny)
 Debating and passing all laws (legislation)
 Enabling the government to raise taxes
II – The UK Parliament
 The House of Commons (ctd.)

 Another thing of interest: each house includes select committees, and there
are also joint select committes.
 To go further
 What are the different stages of the law-making process? (6’17) >>
 Video: Democracy? You decide *** >>
II – The UK Parliament
 The House of Commons (ctd.)

 Another thing of interest: each house includes select committees, and there
are also joint select committees.

 To go further

 What are the different stages of the law-making process? (6’17) >>
 Video: Democracy? You decide *** >>
II – The UK Parliament
III – The UK government
 The UK government

 The government is also part of Parliament, for 2 main reasons:

 Firstly, the Prime Minister is the leader of


the majority party in the Commons.
 Secondly, when the PM forms a Cabinet,
he has to pick up MPs. They will be known
as frontbenchers (as opposed to
backbenchers).
 See the composition of the current Cabinet on the following page:
The Cabinet

Prime Minister, First Lord of the Treasury and Minister for the Civil Service Rt Hon Gordon Brown MP

II – The UK Parliament
Leader of the House of Commons and Lord Privy Seal

Secretary of State for Business, Innovation and Skills, First Secretary and Lord President of
Rt Hon Harriet Harman QC MP
Rt Hon Lord Mandelson
the Council

Chancellor of the Exchequer Rt Hon Alistair Darling MP


Secretary of State for Foreign and Commonwealth Affairs Rt Hon David Miliband MP
Secretary of State for Justice and Lord Chancellor Rt Hon Jack Straw MP **

Secretary of State for the Home Department Rt Hon Alan Johnson MP


Secretary of State for Environment, Food and Rural Affairs Rt Hon Hilary Benn MP

Secretary of State for International Development


Rt Hon Douglas Alexander MP

Secretary of State for Communities and Local Government Rt Hon John Denham MP
Secretary of State for Children, Schools and Families Rt Hon Ed Balls MP
Secretary of State for Energy and Climate Change Rt Hon Edward Miliband MP
Secretary of State for Health Rt Hon Andy Burnham MP
Secretary of State for Northern Ireland Rt Hon Shaun Woodward MP *
Leader of the House of Lords and Chancellor of the Duchy of Lancaster Rt Hon Baroness Royall of Blaisdon
Minister for the Cabinet Office, and for the Olympics and Paymaster General Rt Hon Tessa Jowell MP
Secretary of State for Scotland Rt Hon Jim Murphy MP
Secretary of State for Work and Pensions Rt Hon Yvette Cooper MP
Chief Secretary to the Treasury Rt Hon Liam Byrne MP
Secretary of State for Wales Rt Hon Peter Hain MP
Secretary of State for Defence Rt Hon Bob Ainsworth MP
Secretary of State for Transport Rt Hon Lord Adonis
Secretary of State for Culture, Media and Sport Rt Hon Ben Bradshaw MP
III – The UK government
 The UK government (ctd.)

 I have marked in red the most significant positions. E.g., Wales,


Scotland, and Northern Ireland – but not England – are represented
by a Secretary of State. The Leaders of both Houses are also
members of the Cabinet.

 The Cabinet is the supreme decision-making body in government. It
meets every Tuesday in the Council Chamber.
IV – The Political Parties
 The Political parties
 See List of all parties >>
 The next general election is to be held in a few weeks.
 There are two main political parties:
 The Labour Party (FR. : parti travailliste) >>
IV – The Political Parties
 What the Labour party stands for:
 • social justice
• strong community and strong values
• reward for hard work
• decency
• rights matched by responsibilities

 The Labour party is proud to have achieved the establishment of the


National Health Service, the enshrining in law of equality of
opportunity for all and the creation and maintenance of an
empowering welfare state.

 They won a historic landslide victory in 1997. Tony Blair was to be


PM at 10 Downing Street for 10 years.
IV – The Political Parties
 The Political parties (ctd.)
 The Conservative Party (FR. : parti conservateur) >>
IV – The Political Parties
 The Political parties (ctd.)
 What the Conservative Party stands for >>
 The CP is made up of 4 key principles:
 Freedom
It is basically the freedom of the individual to choose his/her own
life. The CP does not believe a state imposed solution so far as
medical treatment and education are concerned, for example. On
the other hand, there should also be less intervention from the state
in the economy.

Enterprise
The Conservative Party has always been the Party for the
entrepreneur. It means both innovation with the creation of new
products and communal growth with the creation of new jobs.
IV – The Political Parties
 The Political parties (ctd.)
 The CP is made up of 4 key principles (ctd.):
 Responsibility
Responsibility is broken into three key areas
- It is responsibility for ourselves, our family, and people around us
- It is responsibility for your country -- in your right and freedom to
vote to control the way in which Britain is governed.
- It responsibility to the environment

Patriotism
The Conservative Party strongly believes in the "United Kingdom".
IV – The Political Parties
 The Political parties (ctd.)
 Another party, the Liberal-Democrats (FR. : les
démocrates-libéraux), is emerging. Its leader is Nick
Clegg >>
IV – The Political Parties
 The Political parties (ctd.)
 What the LibDems stand for >>
 "The Liberal Democrats exist to build and safeguard a fair, free
and open society, in which we seek to balance the fundamental
values of liberty, equality and community, and in which no-one
shall be enslaved by poverty, ignorance or conformity. We
champion the freedom, dignity and well-being of individuals, we
acknowledge and respect their right to freedom of conscience and their
right to develop their talents to the full. We aim to disperse power, to
foster diversity and to nurture creativity. We believe that the role of the
state is to enable all citizens to attain these ideals, to contribute fully
to their communities and to take part in the decisions which affect
their lives."

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