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Lecture 3.1. The system of governing. Monarchy.






The state government.

 

Plan

 

1. The System of Governing

2. The Monarchy

3. Whitehall – the Seat of Government

 

1. Britain is a democracy, yet its people are not, as one might expect in a democracy, constitutionally in control of the state. The constitutional situation is an apparently contradictory one. As a result of an historical process the people of Britain are subjects of the Crown, accepting the Queen as the head of the State. Yet even the Queen is not sovereign in any substantial sense since she receives her authority from Parliament, and is subject to its direction in almost all matters. In short, she ‘reigns’, but does not rule. Technically, if confusingly, British sovereignty collectively resides in the three elements of Parliament: the Crown, and Parliament’s two chambers, the House of Lords and the House of Commons.

This curious situation came about as a result of a long struggle for power between the Crown and Parliament during the sixteenth and seventeenth centuries. In 1689 Parliament won that struggle, because it controlled most of the national wealth. It agreed to allow the Crown to continue to function within certain limits, and subjects to Parliament’s control. No constitution was written down either then or since, and the relationship between Crown, government, Parliament and people – and their respective constitutional powers – has been one of gradual development. The state – itself sometimes called the Crown – operates on precedent, custom and conventions, and on unwritten rules and assumptions.

2. The reigning monarch is not only head of state but symbol of the unity of the nation. The monarchy is Britain’s oldest secular institution, its continuity for over a thousand years broken only once by a republic that lasted a mere eleven years (1649-60). The monarchy is hereditary, the succession passing automatically to the oldest male child, or in the absence of males, to the oldest female offspring of the monarch. By Act (or law) of Parliament, the monarch must be a protestant.

In law the monarch is head of the executive and of the judiciary, head of the Church of England, and commander-in-chief of the armed forces. However, since 1689, the monarch’s sovereign powers have been formally limited by the idea that national sovereignty resides in ‘the Crown in Parliament’ – the idea that the Crown is only sovereign by the will of Parliament.

The remaining powers of the monarch are basically to summon, prorogue (or suspend until the next session) and dissolve Parliament; to give royal assent to legislation passed by Parliament; to appoint government ministers, judges, officers of the armed forces, governors, diplomats and bishops of the Church; to confer honours, such as peerages and knighthoods; to remit sentences passed on convicted criminals; and finally to declare war on or make peace with an enemy power. In practice, of course, with the exception of a few honours she is free to decide herself, the monarch discharges all these functions on the direction of the government.

3. ‘Her Majesty’s Government’ governs in the name of the Queen, and its hub, Downing Street, lies in Whitehall, a short walk from Parliament. Following a general election, the Queen invites the leader of the majority (or largest, in the absence of an overall majority) party represented in the Commons, to form a government on her behalf.

The number of ministers in the Government may vary from 80 to 100? all the ministers are members of either of the two Houses, but the majority of them are members of the House of Commons. Naturally, the Prime Minister cannot belong to the House of Lords. Functionally ministers may be classified as:

1) departmental ministers who are in charge of government departments (they are also known as Secretaries)

2) non-departmental ministers, or ministers " without portfolio". They include the holders of traditional offices: the Lord Privy Seal, the Lord President of the Council, the Chancellor Of the Duchy of Lancaster;

3) ministers of State — usually appointed as subordinate to government departments where the work is particularly heavy or complex and where it involves frequent travelling abroad;

4) junior ministers, or Parliamentary Under-secretaries — assistants of Secretaries of State.

The central institution, the core of the British Government is the Cabinet. The Cabinet is composed of about 20 ministers personally selected by the Prime Minister, who is the directing head and force of the Cabinet as well as of the whole government. Cabinet-making is a very important part of a Prime Minister's job and a Cabinet remains very much the expression of Prime Minister's personality. He not only appoints ministers but can require their resignation. He can replace a minister or break up the entire Cabinet. He controls the agenda of business to be dealt with at Cabinet meetings. He can dissolve the House of Commons and thus bring about a General Election at any time.

The Prime Minister can introduce peers, and if necessary make peers. He can bring in ballast and he can — up to a point — demote his rivals. In the middle of the 19th century the doctrine of collective responsibility was accepted. That means that the policy of ministers must be consistent (in agreement) with the policy of the Government as a whole. Once the Government policy on a particular matter has been decided each minister is expected to support it. If he cannot agree with it or if he lost the confidence of the majority of his colleagues a Cabinet minister has no choice but to resign.

The Cabinet is the most powerful and strongly rooted organ of government in Britain. The powers of the Cabinet are immensely large in every sphere of government. The Cabinet of Ministers introduce legislation, control finance, arrange the time-table of the House of Parliament, conduct foreign affairs, control the colonies, exercise supervision over every department of administration.

The Cabinet meets in private and its proceedings are strictly secret (confidential). Its members are bound by their oath not to disclose information about its proceedings. Publication of the Cabinet or State papers is forbidden (only after 30 years of being in existence they may be available for inspection or publication). The Cabinet meets for a few hours once or twice a week during parliamentary sittings and less frequently when parliament has vocations. Much of the work of the Cabinet is done through committees which are the " engine-room" of government. Government secrecy is widely discussed and criticized. While in opposition, Conservative and Labour MPs have called for more open government but almost without exception they have all maintained secrecy when in power.

The Cabinet is constitutionally responsible to Parliament and can be forced to resign but in practice it is the Cabinet that dominates Parliament. Its ministers are front-benchers in Parliament. The final decision on all the questions of policy rests with the Cabinet. Every matter of first class importance goes before the Cabinet for final decision or approval.

While a Prime Minister must give strong leadership, he or she must allow for each minister to exercise responsibility within their field and should encourage collective decision-making on controversial issues, particularly ones beyond the responsibility of one ministry.

Because of the enormous increase in government business, all senior government ministers – most of whom have the title of Secretary of State – have junior ministers (Ministers of State or Parliamentary Under-Secretaries) to help with the workload. They are all subject to the rules of collective responsibility and must not disagree publicly with government policy.

Although government is essentially political, it depends upon a permanent body of officials, the Civil Service, to administer the decisions of ministers, and to keep the wheels of government turning. The Civil Service, employing almost 600.000 people is expected to discharge its responsibilities in a politically impartial way. Civil servants must be as loyal to an incoming government as to the outgoing one; however much as private individuals they may be pleased or dismayed at the change of government. Those civil servants wishing to stand for Parliament must first resign from the Civil Service.

 






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