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Chapter 3
Governing Structure

The United Kingdom is a constitutional monarchy with a parliamentary system of governance.Under the uncodified British constitution, executive authority lies with the monarch, although this authority is exercised only by, or on the advice of, the prime minister and the cabinet.The prime minister leads the government and selects all the remaining ministers, most senior ministers of whom belong to the cabinet.

The UK Parliament is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories.It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and its territories.The government ministers all sit in Parliament, and are accountable to it.The government is dependent on Parliament to make primary legislation.

Until quite recently, the UK's governing structure has been characterized by a high degree of centralization, with power concentrated in Parliament, the national legislature that meets in London.Since 1999, however, some legislative powers have been devolved to a new Scottish Parliament sitting in Edinburgh, a new Welsh Assembly, sitting in Cardiff, and a new Northern Ireland Assembly, sitting in Belfast.Further movement toward a more decentralized governing structure is likely, but a shift to a fully federal system would be difficult to achieve due to the fact that England accounts for nearly 85 percent of the UK's population.

Legislative Authority

Parliament consists of an elected lower chamber, the House of Commons, and an unelected upper chamber, the House of Lords.In the past, the right to sit in the House of Lords was restricted to those who held hereditary titles, known as peerages, and to senior bishops of the Church of England.Today, most members of the House of Lords are life peers, appointed by the monarch on the advice of the prime minister and an independent commission, whose titles are not inherited.

How (Most) Laws Are Made

Most new laws passed by Parliament result from proposals made by the government.Proposals aim to shape society or address particular problems.Normally, they are created over a period of time.

An issue or problem emerges on the government’s agenda

Initially, a government's agenda is informed by the general election.Political parties compete for support from British voters by campaigning on their vision for the country and how they would change things.The political party that wins then forms the government, and bases its legislative agenda on its election manifesto.However, where no single political party decisively wins the election—as happened in 2010—two or more parties may form a coalition government.They may have to negotiate a joint vision and agree on which new laws to champion in the upcoming parliament.

Once in government, other events and influences also compete for ministers' attention.Unexpected crises, such as an act of terrorism or a natural disaster, may require an urgent response.The UK's European Union commitments can lead to new legislation.Campaigning by special interest groups, private citizens or other politicians—often through the media—may raise the profile of particular causes or problems.More widely, the media's reporting on issues, government and Parliament all inform and influence Britain's political agenda.

Ideas for addressing an issue are considered

Identifying an issue is one thing.Deciding what to do about it is another.Proposals for addressing particular goals or problems may come from a variety of sources.The political party is one.Governing and opposition parties are expected to have policies on a range of issues, such as taxation, health and education.Recommendations for new laws may also come from public inquiries, civil servants or lobbyist and campaign groups.No matter where a policy idea originates, it normally won't get far without the backing of a government minister.This is because ministers are in a position to champion an idea to government colleagues.

Interested people and groups are consulted

Even a minister's backing, however, isn't enough to guarantee an idea will find its way to Parliament and become a law.Ministers normally—where time allows—shape and inform their proposals by consulting with experts, interest groups and people likely to be affected by the plans.Often, these interested parties are asked to comment on a “green paper”—an initial outline of an idea.Sometimes a “white paper”will be produced, which is a firmer statement of the government's intentions.

Cabinet ministers must agree which proposals to take forward

Having consulted on a proposal, government ministers then aim to persuade colleagues to support the idea.The merits of various policies are debated in cabinet committees, made up of ministers from across government and chaired by a senior member of the cabinet.Even with approval from a cabinet committee, a proposal must still be selected by the committee responsible for drawing up the government' s legislative programme.The Legislation Committee makes the final decision as to whether a proposal will be presented to Parliament for scrutiny by MPs and peers.

Proposals are made into “bills”

After a proposal is consulted on and approved by the cabinet, the minister responsible draws up instructions for what should go into the bill.Highly specialised lawyers—called parliamentary counsel—work to translate the principles outlined in the government' s proposal into detailed legislation.

All the bills the government intends to introduce in a parliamentary session are announced in the Queen's (or King's) Speech—the main feature of the near-yearly State Opening that opens each new session of Parliament.

Parliament Considers and Scrutinizes Bills

The Houses of Parliament consider proposals, called bills, most of which are introduced by the government.To become law, a bill must be approved by both MPs in the House of Commons and peers in the House of Lords.Bills go through a very similar process in both Houses.

Parliamentary Stages

A bill may begin its journey in either the Lords or the Commons chambers.Any bills that relate to taxation begin in the House of Commons.

First Reading

The bill's title is simply read out in the chamber.The bill is then made available to all members of Parliament.

Second Reading

MPs or peers discuss the main principles of a bill.MPs may vote at the end of this stage, particularly if a bill is controversial.A bill in the House of Lords passes to the next stage without a vote.

Committee Stage

A bill is then considered, line by line, by committees of MPs or peers.Changes—called amendments—are proposed and voted on.Commons bill committees normally consist of around 20 MPs.The entire House of Lords often takes part at this stage.

Report Stage

The bill, with amendments or changes, is “reported”to the House.All members can review the amended bill.Those not involved at the previous stage may suggest further changes.

Third Reading

MPs debate and vote on the bill in its final form.In the House of Lords, further amendments may still be introduced.

A Bill Approved by One Chamber Is Considered by the Other

If a bill begins in the House of Commons—and is approved—it is then sent to the House of Lords, where it goes through the same stages.If the Lords were to make changes to the bill, it would return to the Commons for MPs to consider the Lords' amendments.Both the Commons and Lords must agree on the final shape of a bill before it can become law.

The Monarch’s “Assent”Turns a Bill into an Act

With approval from the Lords and the Commons, a bill will also receive formal approval by the monarch—called “Royal Assent”.The Monarch always gives their approval on the advice of ministers.A bill then becomes law, and is described as an Act of Parliament.

The House of Lords serves primarily as a venue for scrutinizing and refining proposed legislation.The Lords no longer have the power to block revenue bills, and their ability to reject other types of bills supported by a majority of the House of Commons is limited.

Executive Authority

A cabinet-style government, formed by whichever party (or coalition of parties) commands a majority in the House of Commons, and wields executive power at the national level in the UK.

The head of the national government, known as the prime minister, is the leader of the largest party in the House of Commons.The prime minister appoints the other members of the cabinet, as well as sub-cabinet officials known as ministers.

Most government ministers are members of the House of Commons affiliated with the same political party as the prime minister, but members of the House of Lords also may serve as ministers.

The national government exercises its authority in the name of the sovereign, a hereditary monarch who serves as the head of state, a role that is largely, though not entirely, ceremonial.The current monarch is Queen Elizabeth II.

Judicial Authority

England and Wales share a unified court system, based on common law principles, which originated in medieval England.Scotland and Northern Ireland each have their own judicial systems.

The court system in Northern Ireland closely resembles that of England and Wales, while the Scottish court system is a hybrid model that combines elements of both common law and civil law systems.

The Court System of England & Wales

In England and Wales, most civil cases are heard in the County Court.Many specialist tribunals have been created to resolve particular types of civil disputes, such as those involving taxation and employment, as well as immigration and asylum cases.All criminal cases originate in the Magistrates' Court, but more serious offenses are referred to the Crown Court.

The High Court functions as both a court of first instance for high value civil claims and as an appellate court for civil and criminal cases.It consists of three divisions: the Queen's Bench, the Chancery Division, and the Family Division.

The Court of Appeal functions solely as an appellate chamber.The Civil Division hears appeals from the High Court and the County Court, and the Criminal Division hears appeals from the Crown Court.

The Supreme Court of the United Kingdom is the final court of appeal for all UK civil cases and for criminal cases that originate in England, Wales, and Northern Ireland.The Supreme Court consists of 12 permanent justices appointed by the Lord Chancellor, a member of the cabinet, at the recommendation of an independent commission.

Prior to the creation of the Supreme Court in 2009, final appeals were heard by the Appellate Committee of the House of Lords (usually referred to as “the Law Lords”), a panel of 12 senior judges appointed to sit as members of the upper chamber of Parliament.

The primary impetus for the creation of an institutionally separate Supreme Court was to provide a clearer separation of powers between the legislative and judicial branches of government.

The tribunals system has its own structure for dealing with cases and appeals, but decisions from different chambers of the Upper Tribunal and the Employment Appeals Tribunal may also go to the Court of Appeal.

The diagrams in the link below shows the routes taken by different cases as they go through the courts system, and which judges deal with each.

Tribunals Organisation Chart

The tribunals system covers England, Wales, and in some cases Northern Ireland and Scotland.

UK Constitutional Law

The United Kingdom has never had a written constitution embodied in a single document.The foundational constitutional text for what is now the UK is the Magna Carta issued by King John of England in 1215.Since then, the constitution has evolved organically over time in response to political, economic, and social changes.

The present constitution encompasses both statutory law and landmark judicial opinions, as well as many conventions or unwritten rules of constitutional practice.For example, the residual powers of the monarch and the relationship between the monarch and Parliament are still governed largely by these unwritten but nevertheless binding conventions.

Constitutional law in the UK has undergone significant changes during the past 20 years.Key developments include the incorporation of the European Convention on Human Rights into UK law via the Human Rights Act of 1998, the establishment of devolved legislatures in three of the UK's four constituent nations in 1999(To distinguish it from these new legislatures the United Kingdom Parliament in London is often referred to as “Westminster”.), a partial reform of the House of Lords in 2000, and the introduction of a Supreme Court in 2009.

The Scottish independence referendum, held in September of 2014, and the Brexit referendum, held in June of 2016, have strengthened the case for further constitutional reform, with many observers arguing that only a more decentralized, if not a fully federal, system of government can preserve the UK as a unified political entity.

The Ministry of Justice is the government department responsible for the justice system and for certain aspects of constitutional policy.Its head is the Lord Chancellor and Secretary of State for Justice.The Ministry's predecessor was the Department for Constitutional Affairs, which had itself superseded the Lord Chancellor's Department.The Cabinet Office is responsible for many areas of constitutional policy, including devolution, elections and the royal succession.

Features of Britain’s Unwritten Constitution

There are a number of associated characteristics of Britain's unwritten constitution, a cardinal one being that in law Parliament is sovereign in the sense of being the supreme legislative body.Since there is no documentary constitution containing laws that are fundamental in status and superior to ordinary Acts of Parliament, the courts may only interpret parliamentary statutes.They may not overrule or declare them invalid for being contrary to the constitution and “unconstitutional”.So, too, there are no entrenched procedures (such as a special power of the House of Lords, or the requirement of a referendum) by which the unwritten constitution may be amended.The legislative process by which a constitutional law is repealed, amended or enacted, even one dealing with a matter of fundamental political importance, is similar in kind to any other Act of Parliament, however trivial its subject matter.

Another characteristic of the unwritten constitution is the special significance of political customs known as “conventions”, which oil the wheels of the relationship between the ancient institutions of state.These are unwritten rules of constitutional practice, vital to politics, the workings of government, but not committed into law or any written form at all.The very existence of the office of Prime Minister, the head of government, is purely conventional.So is the rule upon which he or she is appointed, being whoever commands the confidence of the House of Commons (the majority party leader, or head of a coalition of parties).

The Monarchy is one of the three components of Parliament (shorthand for the Queen-in-Parliament) along with Commons and Lords.In legal theory, the Queen has absolute and judicially unchallengeable power to refuse her assent to a Bill passed by the two Houses of Parliament.However, convention dictates the precise opposite and in practice she automatically gives her assent to any government Bill that has been duly passed and agreed by Parliament.Another important convention is that government ministers must have a seat in Parliament (and, in the case of the Prime Minister and Chancellor of the Exchequer, specifically in the House of Commons) in order to hold office.This is a vital aspect of what is known as the “Westminster system of parliamentary government”, providing a direct form of executive responsibility and accountability to the legislature.

Constitutional Reform

The Lord Chancellor's role changed dramatically on 3 April 2006, as a result of the Constitutional Reform Act 2005.For the first time in almost 900 years, judicial independence is now officially enshrined in law.

The key changes brought in by the act include:

◆A duty on government ministers to uphold the independence of the judiciary, barring them from trying to influence judicial decisions through any special access to judges;

◆Reform of the post of Lord Chancellor, transferring his judicial functions to the President of the Courts of England and Wales—a new title given to the Lord Chief Justice.The Lord Chief Justice is now responsible for the training, guidance and deployment of judges and represents the views of the judiciary of England and Wales to Parliament and ministers;

◆An independent Supreme Court has been established, separate from the House of Lords and with its own independent appointments system, staff, budget and building;

◆An independent Judicial Appointments Commission, responsible for selecting candidates to recommend for judicial appointment to the Secretary of State for Justice.The Judicial Appointments Commission ensures that merit remains the sole criterion for appointment and the appointments system is modern, open and transparent;

◆An Judicial Appointments and Conduct Ombudsman, responsible for investigating and making recommendations concerning complaints about the judicial appointments process, and the handling of judicial conduct complaints within the scope of the Constitutional Reform Act.

What has not changed is the way judgments are made or given; after all, judges have been independent in the way they work for centuries.

The real differences are in the day-to-day management of the judiciary, the way judges are appointed and the way complaints are dealt with.These are now truly independent, to enhance accountability, public confidence and effectiveness.

Tribunals Reform

The Tribunals Service was created on 3 April 2006, and brought together the administration of a large number of individual tribunals, resulting in a more common and consistent approach for users.

On November 3, 2008, the Tribunals, Courts and Enforcement Act came into force.

This created a new two-tier Tribunal system: a First-tier Tribunal and an Upper Tribunal, both of which are split into Chambers.Each Chamber comprises similar jurisdictions or bring together similar types of experts to hear appeals.

These new super tribunals absorbed over 20 existing smaller tribunals as well as providing a structure to which new appeal rights could be assigned.

Exercises

I.Choose the appropriate answer(s) to each question.There may be more than one choice for some questions.

1.Which of the following is NOT true about the legislative authority in the UK?

A.The UK's governing structure has been characterized by a high degree of centralization, with power concentrated in Parliament, the national legislature.

B.Parliament consists of an elected lower chamber, the House of Commons, and an unelected upper chamber, the House of Lords.

C.Some members of the House of Lords are life peers who held hereditary titles.

D.Most members of the House of Lords are appointed by the monarch on the advice of the prime minister and an independent commission.

2.Which of the following is NOT true about the executive authority in the UK?

A.A cabinet-style government, formed by whichever party (or coalition of parties) commands a majority in the House of Commons, wields executive power at the national level in the UK.

B.The prime minister, the leader of the largest party in the House of Commons, appoints the other members of the cabinet, as well as sub-cabinet officials known as ministers.

C.Most government ministers are members of the House of Lords.

D.The national government exercises its authority in the name of the sovereign, a hereditary monarch who serves as the head of state.

3.Which of the following are true about the judicial authority in the UK?

A.England and Wales share a unified court system, based on common law principles, which originated in medieval England.

B.Scotland and Northern Ireland have different judicial systems.

C.The court system in Northern Ireland closely resembles that of England and Wales.

D.The Scottish court system is a hybrid model that combines elements of both common law and civil law systems.

4.Which of the following are true about the proposal in the law-making process?

A.The Legislation Committee makes the final decision as to whether a proposal will be presented to Parliament for scrutiny by MPs and peers.

B.Proposals for addressing particular goals or problems may come from political parties.

C.Ministers normally shape and inform their proposals by consulting with experts, interest groups and people likely to be affected by the plans.

D.It normally won't get far without the backing of a government minister.

5.Which of the following is NOT true about the bill in the law-making process?

A.After a proposal is consulted on and approved by the cabinet, the minister responsible draws up instructions for what should go into the bill.

B.Parliamentary counsel work to translate the principles outlined in the government's proposal into detailed legislation.

C.To become law, a bill must be approved by both MPs in the House of Commons and peers in the House of Lords.

D.Any bills may begin their journey in either the Lords or the Commons chambers.

6.In England and Wales, most civil cases are heard in the_______.

A.county courts

B.High Court

C.family courts

D.magistrates' courts

7.The courts in which only appeals are heard are_______.

A.Court of Appeal

B.High Court

C.Crown Court

D.Supreme Court

8.The courts that exercise both first instance and appellate jurisdiction are _______.

A.Court of Appeal

B.High Court

C.Crown Court

D.Magistrates' courts

9._______may deal with both civil and criminal cases.

A.Court of Appeal

B.High Court

C.Crown Court

D.Magistrates' courts

10.All criminal cases commence in the _______, but not all cases are tried there.

A.county courts

B.High Court

C.Crown Court

D.magistrates' courts

11.Which of the following is NOT true about the tribunals system in the UK?

A.The tribunals system has its own structure for dealing with cases and appeals.

B.Many specialist tribunals resolve particular types of civil disputes, such as those involving taxation and employment.

C.Decisions from different chambers of the Upper Tribunal and the Employment Appeals Tribunal may also go to the Court of Appeal.

D.The tribunals system doesn't cover Northern Ireland and Scotland.

II.Questions

1.What do you know about the British Parliament?

2.What is the legislative process in the UK?

3.Can you tell the difference between a “Bill”and an “Act of Parliament”?

4.What are the five distinct procedures when a Bill is introduced in the House of Commons?

5.Can you summarize the executive authority in the UK?

6.What do you know about the court system of England and Wales?

7.What are the features of Britain's unwritten constitution? bTATNJci3nKymPJPAotytWwJuG5fydz44T/kBo6dOUx0AjBmSDKakb2Spg1Zgd1A

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