THE UNITED KINGDOM

What is constitutional monarchy?

Constitutional monarchy is a form of government in which a king or queen acts as Head of State. The ability to
make and pass legislation resides with an elected Parliament, not with the Monarch. The Head of State’s has its
ceremonial and official duties separated from party politics. A constitutional monarchy also provides stability,
continuity and a national focus, as the Head of State remains the same even as governments change.
As a constitutional monarch, the Sovereign must remain politically neutral. On almost all matters the Sovereign
acts on the advice of ministers. However, the Sovereign retains an important political role as Head of State, formally
appointing prime ministers, approving certain legislation and bestowing honours.
The Sovereign/Monarch governs according to the constitution (according to rules, rather than to his or her own
free will). The United Kingdom does not have a written constitution which sets out the rights and duties of the
Sovereign, they are established by conventions.

The Constitution

Britain is a constitutional monarchy, without a written constitution: the Constitution is not contained in a single
legal document, it is based on statutes and important documents (Magna Charta), case law (decisions taken by
courts of law), and customs and conventions. Because it is not written, it can be adapted as necessary, either by an
act of Parliament or by the general acceptance of a new convention.
The Constitution contains two main principles: the rule of law (i.e. everyone is subject to the law) and the
supremacy of Parliament (i.e. there is no body that can declare the activities of Parliament unconstitutional).
The Constitution stipulates the separation of powers between the Legislature (the two Houses of Parliament),
which makes laws, the Executive (the Government), which puts laws into effect and plans policy, and the Judiciary,
which decides on cases arising out of the laws.

The Crown

The Crown is formally the head of the Executive, the Legislature, and the Judiciary. The Sovereign is also the head
of the Church of England and the commander-in-chief of the armed forces. However, the present queen, Elizabeth II,
acts only on the advice of her ministers and cannot reject or ignore their advice. But she has many other functions:

1- She calls and dissolves Parliament:

Queen's Speech: every session of Parliament begins with a royal address from the reigning monarch,
commonly known as the Queen's - or King's - Speech. The speech follows a similar pattern each time.

2- She confers honours that are given on the advice of the government and often reward people for the service to
the political party in power. She can award some honours herself, however, such as the Order of the Garter.

3- She appoints judges, army officers, diplomats and officials of the Church of England also on advice.

4- She is the Head of the Commonwealth, which consists of a number of states that formerly belonged to the
British Empire. The Queen is represented in these countries by Governors-General, who are not members of the UK
government and act independent of it. The UK government cannot interfere in affairs of a Commonwealth country.

Although the Queen has little authority of her own, she is kept informed of events and is sometimes consulted by
the government in power. She has the advice of a Privy Council, which consists of ministers of the government and
other people recommended by the government. In an inconclusive national election, the Queen may be required to
choose a new Prime Minister.
 Parliament

The House of Commons

The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the
House of Lords (the upper house). Both meet in the Palace of Westminster. The Commons consists of 650 members
("Members of Parliament"/MPs). Members are elected, through the first-past-the-post system, by electoral districts
known as constituencies, and hold their seats until Parliament is dissolved (every five years). Each Member of
Parliament represents a single constituency (the United Kingdom is divided into 650 constituencies).
The House of Commons evolved during the 14th century and has been in continuous existence since. The House of
Commons was originally less powerful than the House of Lords, but today its legislative powers exceed those of the
Lords. [Moreover, the Government is primarily responsible to the House of Commons; the Prime Minister stays in
office only as long as he or she retains its support. Almost all government ministers are drawn from the House of
Commons.]???

The House of Commons elects a presiding officer (the Speaker), at the beginning of each new parliamentary
term. If the incumbent Speaker seeks a new term, then the House may re-elect him or her merely by passing a
motion; otherwise, a secret ballot is held. A Speaker-elect cannot take office until he or she has been approved by
the Sovereign. The Speaker is assisted by three Deputy Speakers, the most senior of which holds the title of
Chairman of Ways and Means. The two other Deputy Speakers are known as the First and Second Deputy Chairman
of Ways and Means. The Speaker and the Deputy Speakers are always Members of the House of Commons.

The Speaker or deputy presides from a chair at the front of the House. The Speaker controls debates by calling on
members to speak. The Speaker may discipline members who fail to observe the rules of the House. Thus, the
Speaker is far more powerful than his Lords counterpart, the Lord Speaker, who has no disciplinary powers.
Customarily, the Speaker and the deputies are 200 non-partisan; they do not vote, or participate in the affairs of any
political party. By convention, a Speaker seeking re-election to parliament is not opposed in his or her constituency
by any of the major parties. The lack of partisanship continues even after the Speaker leaves the House of Commons.

Another officer of the House is the Serjeant-at-Arms, whose duties include the maintenance of law, order, and
security on the House's premises. The Serjeant-at-Arms carries the ceremonial Mace, a symbol of the authority of
the Crown and of the House of Commons.

Whips

Each political party in parliament appoints a team of MPs as whips. There are also smaller teams of whips working
in the House of Lords. Whips have two key tasks: first, they seek to ensure that all parties in the House of Commons
are satisfied with its business timetable; second, they are responsible for overseeing their backbench MPs,
attempting to ensure that they vote in accordance with the party leadership on important issues. Each whips' office
sends a weekly note, known as "the whip", to their MPs indicating the level of importance of forthcoming votes.
Whips do not take part in debates in either the chamber or in committee, although there is a whip from each main
party in the chamber during all proceedings. Each party in Parliament has a chief whip who co-ordinates the work of
his team of whips.

The parliamentary year (session)

The parliamentary year, or session, normally runs from mid-November until late July. There is usually a two
to three week spillover period in October when the House completes any unfinished business before the next
parliamentary year begins. All legislation must pass through both Houses within a single Parliamentary year.
Both Houses of Parliament adjourn several times during the parliamentary year.
These holiday periods are known as recesses and they usually occur at Christmas, Easter and Whitsun. The
summer recess is the longest and normally lasts from late July to mid-October.
General elections

When Parliament is dissolved every seat in the House of Commons becomes vacant and a general election is held.
Each constituency in the UK elects one Member of Parliament (MP) to a seat in the House of Commons. The party
that wins more than half of the seats in the Commons is said to have an “overall majority” and therefore forms the
government. If no party manages to win an overall majority then there is a “hung parliament” and some parties will
combine to form a coalition government.

How often are general elections held?

The Fixed-term Parliaments Act was passed on 15 September 2011. It sets the interval between general elections
at five years. At the end of this time a new House of Commons must be elected. The date of the general election
was 7 May 2015. The Fixed-term Parliaments Act 2011 provides for general elections to be held on the first Thursday
in May every five years.

However, there are two provisions that trigger an election other than at five year intervals:

 a motion of no confidence is passed in Her Majesty's Government by a simple majority and 14 days elapses
without the House passing a confidence motion in any new Government formed
 a motion for a general election is agreed by two thirds of the total number of seats in the Commons
including vacant seats (currently 434 out of 650)

Previous to this Act, the Prime Minister could call a general election at any time within the five year period.

How does it work?

Each constituency returns one MP, using the first-past-the-post electoral system, under which the candidate with
a plurality of votes wins. Candidates may be from a political party registered with the Electoral Commission or they
may stand as an “Independent” rather than represent a registered party. Members of both the Commons and the
Lords have to take an oath of allegiance to the Crown when they take their seat in Parliament.

By-elections

A by-election takes place when a seat in the House of Commons becomes vacant between general elections. A
seat becomes vacant during the lifetime of a Parliament either when an MP resigns from Parliament or because an
MP has died. The law also allows a seat to be declared vacant because of a member´s mental illness or conviction for
a serious criminal offence. A by-election does not automatically take place if an MP changes political party. Until a
new MP is elected, constituency matters are handled by an MP of the same party in a neighbouring constituency.

“Moving the Writ”: traditionally the Chief Whip of the political party whose MP held the vacant seat will begin the
procedure for a by-election. A new Writ is usually moved within three months of the vacancy occurring.

The House of Lords

Members of the House of Lords who sit by virtue of their ecclesiastical offices are known as Lords Spiritual. There
can be no more than 26 Lords Spiritual, [always including the five most ancient dioceses of the Church: the
Archbishop of Canterbury, the Archbishop of York, the Bishop of London, the Bishop of Durham, and the Bishop of
Winchester. Membership of the House of Lords also extends to the 21 longest-serving other diocesan bishops of the
Church of England.] The current Lords Spiritual represent only the Church of England.
 Lords Temporal

The Lords Temporal have been the most numerous group in the House of Lords. Unlike the Lords Spiritual, they
may be publicly partisan. Originally, the Lords Temporal included several hundred hereditary peers (that is, those
whose peerages may be inherited), who ranked variously as dukes, marquesses, earls, viscounts, and barons. Such
hereditary dignities can be created by the Crown, in modern times on the advice of the Prime Minister of the day.

In 1999, the Labour government brought forward the House of Lords Act expelling several hundred hereditary
peers from the House. The Act provided a temporary measure that only 92 individuals may continue to sit in the
Upper House by virtue of hereditary peerages. Two hereditary peers remain in the House of Lords because they hold
hereditary offices connected with Parliament: the Earl Marshal and the Lord Great Chamberlain. Of the remaining 90
hereditary peers in the House of Lords, 15 are elected by the whole House. Seventy-five hereditary peers are chosen
by fellow hereditary in the House of Lords, grouped by party.

The largest group of Lords Temporal, and indeed of the whole House, is life peers. Life peers with seats in the
House of Lords rank only as barons or baronesses. Like all other peers, life peers are created by the Sovereign, who
acts on the advice of the Prime Minister. By convention, however, the Prime Minister allows leaders of other parties
to select some life peers so as to maintain a political balance in the House of Lords. Moreover, some non-party life
peers (the number being determined by the Prime Minister) are nominated by an independent House of Lords
Appointments Commission.

Officers

Traditionally the House of Lords did not elect its own speaker, unlike the House of Commons; rather, the ex officio
presiding officer was the Lord Chancellor. With the passage of the Constitutional Reform Act 2005, the post of Lord
Speaker was created, a position to which a peer is elected by the House and subsequently appointed by The Crown.

The presiding officer – i.e. the lord Speaker - has little power compared to the Speaker of the House of Commons.
He or she only acts as the mouthpiece of the House, performing duties such as announcing the results of votes. This
is because, unlike in the House of Commons where all statements are directed to "Mr/Madam Speaker", in the
House of Lords they are directed to "My Lords", i.e. the entire body of the House. Unlike the politically neutral
Speaker of the House of Commons, the Lord Chancellor originally remained members of their respective parties, and
may participate in debate, however this is no longer true of the new role of Lord Speaker.

Another officer of the body is the Leader of the House of Lords, a peer selected by the Prime Minister. The Leader
of the House is responsible for steering Government bills through the House of Lords, and is a member of the
Cabinet. The Leader also advises the House on proper procedure when necessary, but such advice is merely informal,
rather than official and binding.

www.parliament.uk / www.bbc.uk

SUPREME COURT OF THE UNITED KINGDOM

In October 2009, The Supreme Court replaced the Appellate Committee of the House of Lords as the highest
court in the United Kingdom. The Supreme Court’s twelve Justices maintain the highest standards set by the
Appellate Committee, but are now explicitly separate from both Government and Parliament. The Supreme Court
sits in the former Middlesex Guildhall, on the western side of Parliament Square.

The Court hears appeals on arguable points of law of the greatest public importance, for the whole of the United
Kingdom in civil cases, and for England, Wales and Northern Ireland in criminal cases. Additionally, it hears cases on
devolution matters under the Scotland Act 1998, the Northern Ireland Act 1988 and the Government of Wales Act
2006. This jurisdiction was transferred to the Supreme Court from the Judicial Committee of the Privy Council.
 Significance to the UK

Courts are the final arbiter between the citizen and the state, and are therefore a fundamental pillar of the
constitution. The Supreme Court has been established to achieve a complete separation between the United
Kingdom’s senior Judges and the Upper House of Parliament, emphasising the independence of the Law Lords and
increasing the transparency between Parliament and the courts. In August 2009 the Justices moved out of the House
of Lords (where they sat as the Appellate Committee of the House of Lords) into their own building on the opposite
side of Parliament Square. They sat for the first time as a Supreme Court in October 2009.

Role of the Supreme Court

The Supreme Court, as well as being the final court of appeal, plays an important role in the development of
United Kingdom law.

The Supreme Court:

 is the final court of appeal for all United Kingdom civil cases, and criminal cases from England, Wales and
Northern Ireland
 hears appeals on arguable points of law of general public importance
 concentrates on cases of the greatest public and constitutional importance
 maintains and develops the role of the highest court in the United Kingdom as a leader in the common law
world

UK Judicial system

For historical reasons, the United Kingdom does not have a single unified legal system. Instead, there is one
system for England and Wales, another for Scotland, and a third for Northern Ireland. In most cases, The Supreme
Court sits above all of these as the final court of appeal.

www.supremecourt.gov.uk

The Judicial Committee of the Privy Council (JCPC)

The Judicial Committee of the Privy Council originated as the highest court of civil and criminal appeal for the
British Empire. It now fulfills the same purpose for many current and former Commonwealth countries, as well as the
United Kingdom’s overseas territories, crown dependencies, and military sovereign base areas. The Judicial
Committee also hears very occasional appeals from ecclesiastical courts. It shares a building, and many
administrative functions, with The Supreme Court, and usually sits in Court 3.

Role of the JCPC

The Judicial Committee of the Privy Council is the highest court of appeal for many current and former
Commonwealth countries, as well as the United Kingdom’s overseas territories, crown dependencies, and military
sovereign base areas. Under the Constitutional Reform Act 2005, devolution cases from the regions of the United
Kingdom are now heard by The Supreme Court.

Who's who

The Judicial Committee consists of senior judges supported by a professional legal and executive staff.

History

The jurisdiction of the Privy Council originated at the Norman conquest with the premise that: “The King is the
fountain of all justice throughout his Dominions, and exercises jurisdiction in his Council, which act in an advisory
capacity to the Crown.”
 This council or court was the ‘Curia Regis’ from which springs our whole judicial system. Subjects who had
grievances against the administration of justice could submit their petitions to the King who appears to have
exercised supreme appellate jurisdiction.

When Parliament developed out of this council, the majority of petitions were referred to the High Court of
Parliament, which became the chief appellate tribunal. At the beginning of the fourteenth century, receivers were
appointed to aid the dispensation of justice in Parliament. One group was appointed for Great Britain and Ireland,
and one for the Channel Islands. Appeals from the Channel Islands became the first regular appellate business of the
King’s Council, now the Judicial Committee of the Privy Council. With the growth of the British empire, this business
increased with appeals and petitions from the Royal Council, and Privy Council Committees were formed. The
present constitution of the Judicial Committee of the Privy Council is based on the Judicial Committee Act 1833.
Under the Appellate Jurisdiction Act 1876, the Law Lords became the permanent judges of the court. Today, all Privy
Counselors who hold or have held high judicial office in the United Kingdom, or have been judges of superior courts
of certain Commonwealth countries, are eligible to sit if they are under 75 years of age.

www.jcpc.gov.uk

The Functions of Parliament

The functions of Parliament are to make laws, to appropriate money for various state purposes, to provide a
forum for debate. Its essential function is “ to discuss what the government has done, is doing or intends to do, and
on occasion to try to show up the government’s errors and to try to persuade government to change or modify its
policies”.
Legislation is initiated by the introduction of bills (= proposals for new laws) in either house. A bill is given three
readings in the house in which it is introduced; if passed it is sent to the other house, where it is submitted to the
same procedure. The first reading is an announcement that the bill is coming forward. The second reading is the
main debate on the general principles and objectives of the bill; at the end of the debate a vote is taken. The third
reading is the final review and discussion of the bill as it stands after amendment. If a bill is passed by both houses,
it becomes law. The Lords have little power to stop or delay bills that has been passed by the Commons. It is hoped
that the members of the Lords will use their experience to suggest amendments to a bill. If the Lords reject a bill
which has been passed by the Commons, it comes back to the Commons; if the Commons pass it again in
substantially the same form as before, it must go to the Queen for her signature, no matter what the Lords do. In a
few words: the Lords cannot interfere either with money bills or with bills that have been passed by the Commons in
two consecutive sessions.

Government

The head of the government is the Prime Minister (PM). He is the leader of the majority party in Parliament and
has the power to appoint and dismiss ministers. PM is the main representative of the government and recommends
the appointment of some senior judges and of senior clergy of the Church of England. PM also draws up the annual
list of honours.
10 Downing Street is the official residence and the office of the British Prime Minister. The office helps the Prime
Minister to establish and deliver the government's overall strategy and policy priorities, and to communicate the
government's policies to Parliament, the public and international audiences.
PM selects a cabinet of ministers. This Cabinet develops the government’s policies and exercises control over
government departments. Meetings of the Cabinet are held private and strict secrecy is maintained. Some matters
are discussed by Cabinet committees, which consist of the ministers involved. To maintain stability the Cabinet must
act as a collective group and issue unanimous statements and policies. If a member does not agree with Cabinet
policies, that minister must resign.
Ministers head government departments and are responsible for the work of those departments. The ministers
must be prepared to answer questions about their departments in the House of Commons.
 Ministers who sit in the House of Lords have a parliamentary secretary who answers questions raised in the
Commons. This system of parliamentary control over government departments discourages inefficiency and
irresponsibility.
There are many government departments of various sizes and complexity. Major departments include:
a- Treasury, which handles the country’s finances;
b- Ministry of Defence,
c- Ministry of Health;
d- Home Office, which controls the police and other law-and-order institutions;
e- Foreign Office.

The work of government departments is carried out by members of the Civil Service. The positions held by civil
servants are not elective or political appointments, so a change in government does not affect a department’s staff.