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