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Comparitive Uk & Usa

The United Kingdom has a parliamentary democracy and constitutional monarchy. It has a bicameral legislative branch called Parliament, comprised of the House of Lords and House of Commons. The executive branch is led by a prime minister and cabinet. The judiciary branch's highest court is the House of Lords. Devolution has given legislative powers to the Scottish Parliament, Welsh Assembly, and Northern Ireland Assembly on devolved issues in their respective regions.

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0% found this document useful (0 votes)
568 views13 pages

Comparitive Uk & Usa

The United Kingdom has a parliamentary democracy and constitutional monarchy. It has a bicameral legislative branch called Parliament, comprised of the House of Lords and House of Commons. The executive branch is led by a prime minister and cabinet. The judiciary branch's highest court is the House of Lords. Devolution has given legislative powers to the Scottish Parliament, Welsh Assembly, and Northern Ireland Assembly on devolved issues in their respective regions.

Uploaded by

Eliim Rehman
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© Attribution Non-Commercial (BY-NC)
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Download as DOCX, PDF, TXT or read online on Scribd
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United Kingdom

Government type parliamentary democracy Independence England has existed as a unified entity since the 10th century; the union between England and Wales, begun in 1284 with the Statute of Rhuddlan, was not formalized until 1536 with an Act of Union; in another Act of Union in 1707 Constitution consists of a series of legal documents, including certain acts of the UK and New Zealand Parliaments, as well as The Constitution Act 1986, which is the principal formal charter; adopted 1 January 1987. Legal system common law tradition with early Roman and modern continental influences; has nonbinding judicial review of Acts of Parliament under the Human Rights Act of 1998; accepts compulsory ICJ jurisdiction, with reservations Administrative divisions 16 regions and 1 territory The UK is made up of England, Scotland, Wales and Northern Ireland. In mid-2003 the UK was home to 59.6 million people. The average age was 38.4 years, an increase on 1971 when it was 34.1 years. In mid-2003 one in five people in the UK were aged under 16 and one in six people were aged 65 or over. Great Britain, the dominant industrial and maritime power of the 19th century. At its height, the British Empire stretched over one-fourth of the earth's surface. The first half of the 20th century saw the UK's strength seriously depleted in two World Wars. The second half witnessed the dismantling of the Empire and the UK rebuilding itself into a modern and prosperous European nation. As one of five permanent membersof the UN Security Council, a founding member of NATO, and of the Commonwealth, the UK pursues a global approach to foreign policy; it currently is weighing the degree of its integration with continental Europe. A member of the EU, it chose to remain outside the Economic and Monetary Union for the time being. Constitutional reform is also a significant issue in the UK. The Scottish Parliament, the National Assembly for Wales, and the Northern Ireland Assembly were established in 1999, but the latter is suspended due to wrangling over the peace process.

Legal Structure
The United Kingdom is a parliamentary democracy, based on universal suffrage. It is also a constitutional monarchy in which ministers of the Crown govern in the name of the Sovereign, who is both Head of State and Head of the Government. There is no written constitution. Instead, the relationship between the State and the people relies on statute law, common law and conventions.

Following devolution, the responsibilities of the Secretaries of State for Scotland, Wales and Northern Ireland changed considerably, although they retain their positions in the UK Cabinet. They ensure that the reserved interests of the countries they represent are properly considered in central government and they lead the presentation of government policy in their parts of the UK. They are also responsible for safeguarding and promoting the devolution settlements of their respective countries.
Source: Direct Government UK - Overview of the UK government (2006)

2.1 Legislative Branch


bicameral Parliament comprised of House of Lords (consists of approximately 500 life peers, 92 hereditary peers and 26 clergy) and House of Commons (646 seats since 2005 elections; members are elected by popular vote to serve five-year terms unless the House is dissolved earlier)6 Women in parliament: lower house 127 out of 646 seats (19.7%) and 126 out of 721 (19.7%)7

Parliament at Westminster in London can legislate for the UK as a whole and has powers to legislate for any parts of it separately. However, it will not normally legislate on devolved matters in Scotland and Northern Ireland without the agreement of the Scottish Parliament and the Northern Ireland Assembly respectively. There are three parts of Parliament the House of Commons, the House of Lords and the sovereign. The House of Commons consists of 646 elected MPs. Of the 646 seats, 529 represent constituencies in England, 40 in Wales, 59 in Scotland, and 18 in Northern Ireland. The chief officer of the House of Commons is the Speaker, elected by MPs to preside over the House. Other officers include the Chairman of Ways and Means and two deputy chairmen, who may all act as Deputy Speakers. They are elected by the House as nominees of the Government, but may come from the Opposition as well as the government party. The House of Commons Commission, a statutory body chaired by the Speaker, is responsible for the administration of the House. The House of Lords is the second chamber of the UK Parliament and consists of the Lords Spiritual and the Lords Temporal. The Lords Temporal consist of hereditary peers, life peers, and life peers created to help carry out the judicial duties of the House (up to 12 Lords of Appeal in Ordinary or Law Lords - and a number of other Lords of Appeal). As there are no legal restraints imposed by a written constitution, Parliament may legislate as it pleases as long as the UK meets its obligations as a member of the European Union. It can make or change law, overturn established conventions or turn them into law. It can even legislate to prolong its own life beyond the normal period without consulting the electorate.

Executive Branch
cabinet: Cabinet of Ministers appointed by the prime minister elections: none; the monarchy is hereditary; following legislative elections, the leader of the majority party or the leader of the majority coalition is usually the prime minister

The Executive is made up of the Prime Minister, Cabinet and the public sector. In her role as Monarch, the Queen is head of

the executive and plays an integral part in the legislature. She heads the judiciary. Her Majesty's Government consists of those ministers responsible for the conduct of national affairs. The Queen alone appoints the Prime Minister and all other ministers are appointed by her on the Prime Minister's recommendation. Most ministers are members of the Commons, although the Government is also fully represented by ministers in the Lords. The Prime Minister presides over the Cabinet, is responsible for allocating functions among ministers and, at regular meetings with the Queen, informs her of the general business of the Government. The Prime Minister's other responsibilities include recommending a number of appointments to the Queen. These include high-ranking members of the Church of England, senior judges and certain civil appointments. He also recommends appointments to several public boards and institutions, as well as to various royal and statutory commissions. The cabinet is not a body established by statute. Its power comes from longrecognised convention. The Executive Council, which is formally constituted, does not have the power to make policy decisions. It gives legal effect to decisions made elsewhere, e.g. regulations, Orders and Notices. The Executive Council is presided over by the Governor-General and in practice the other members are the Cabinet of the day.

Judiciary Branch
House of Lords (highest court of appeal; several Lords of Appeal in Ordinary are appointed by the monarch for life); Supreme Courts of England, Wales, and Northern Ireland (comprising the Courts of Appeal, the High Courts of Justice, and the Crown Courts); Scotland's Court of Session and Court of the Justiciary

In her role as Monarch, the Queen is head of the executive and plays an integral part in the legislature. She heads the judiciary. The UK has three legal systems, operating in England and Wales, Scotland and Northern Ireland, and three systems of criminal justice. There is no single criminal or penal code, but rather an emphasis on the independence of prosecuting authorities and the judiciary. The ultimate source of law is statutes passed by the Westminster or Scottish Parliaments, but there is a legal duty to comply with European Community law. UK courts must apply the latter in cases where the two conflict. A statute can give power to a minister, local authority or other executive body to make delegated legislation. The House of Lords is the final point of appeal and a small number of cases each year may be referred to the European Court of Justice, which has jurisdiction on matters of European Community law. All appeals to the House of Lords are about the meaning of the law, rather than the evidence in a case. The Appellate Committee of the House of Lords receives appeals from the courts in England and Wales and Northern Ireland, and in civil cases from Scotland; in addition, they sit as the Judicial Committee of the Privy Council to hear appeals from those Commonwealth countries whose legal systems are still linked to the UK The Court of Appeal also sits at the Royal Courts of Justice. The Criminal Division hears appeals from Crown Court cases, while the Civil Division receives appeals from the High Court, tribunals and, in certain cases, county courts. The work is handled by three divisions: (i) chancery division: equity, trusts, tax, bankruptcy; (ii) queen's bench division: contract, tort, commercial matters; and (iii) family Division: divorce, children, probate. In addition, there are county courts, division courts and administrative courts.

Local Government Local authorities work within the powers laid down under various Acts of Parliament. Their functions are far-reaching. Some are mandatory, which means that the authority must do what is required by law. Others are discretionary, allowing an authority to provide services if it wishes. The main link between local authorities and central government is the Office of the Deputy Prime Minister. However, other departments, such as the Department for Education and Skills, the Department for Work and Pensions, the Department of Health and the Home Office, are also concerned with various local government functions. In Scotland, Wales and Northern Ireland, local authorities now deal mainly with the devolved Parliament and Assemblies. About two million people are employed by local authorities in the UK. These include school teachers, the police, firefighters and other non-manual and manual workers. Education is the largest locally-provided service, with 0.9 million full-time equivalent jobs. Councils are individually responsible, within certain legislative requirements, for deciding the structure of their workforces. Every part of the UK is covered by a local authority fire service. Each of the 59 fire authorities must by law provide a firefighting service and must maintain a brigade to meet all normal requirements. Each fire authority appoints a Chief Fire Officer, or Firemaster in Scotland, who has day-to-day control of operations. In June 2003, responsibility for the overall management of relations between the UK Government and the devolved administrations in Scotland, Wales and Northern Ireland has moved from the Office of the Deputy Prime Minister (ODPM) to the 9 Department for Constitutional Affairs (DCA). ODPM remains responsible for the English region. The highest priority was given to the creation of a Parliament in Scotland and a National Assembly for Wales because the demand for decentralisation in these countries was strong.

United States
Government type Constitution-based federal republic; strong democratic tradition Independence 4 July 1776 (from Great Britain) Constitution 17 September 1787, effective 4 March 1789 Legal system federal court system based on English common law; each state has its own unique legal system, of which all but one (Louisiana's) is based on English common law; judicial review of legislative acts; accepts compulsory ICJ jurisdiction with reservations Administrative divisions 50 states and 1 district Britain's American colonies broke with the Britain in 1776 and were recognized as the new nation of the United States of America following the Treaty of Paris in 1783. During the 19th and 20th centuries, 37 new states were added to the original 13 as the nation expanded across the North American continent and acquired a number of overseas possessions. The two most traumatic experiences in the nation's history were the Civil War (1861-65) and the Great Depression of the 1930s. Buoyed by victories in World Wars I and II and the end of the Cold War in 1991, the US remains the world's most powerful nation state. Overtime, the economy is marked by steady growth, low unemployment and inflation, and rapid advances in technology.

Legal Structure
The Constitution of the United States is the central instrument of American government and the supreme law of the land. For 200 years it has guided the evolution of governmental institutions. Although the Constitution has changed in many aspects since it was first adopted, its basic principles remain the same now as in 1789: (i) the three main branches of government executive, legislative, judicial are separate and distinct from one another; (ii) the Constitution, together with

laws passed according to its provisions and treaties entered into by the president and approved by the Senate, stands above all other laws, executive acts, and regulations; (iii) all persons are equal before the law and are equally entitled to its protection. All states are equal, and none can receive special treatment from the federal government; and (iv) the people have the right to change their form of national government by legal means defined in the Constitution itself. Legislative Branch
bicameral Congress consists of the Senate (100 seats, one-third are renewed every two years; two members are elected from each state by popular vote to serve six-year terms) and the House of Representatives (435 seats; members are directly elected by popular vote to serve two-year terms).6 women in parliament: 14 out of 100 seats in the senate (14.0%) and 66 out of 435 seats (15.2%) in the house of representatives.7

The legislative branch consists of the Senate and House of Representatives. The Senate is composed of 100 Members, 2 from each State, who are elected to serve for a term of 6 years. Senators were originally chosen by the State legislatures. This procedure was changed by the 17th amendment to the Constitution, adopted in 1913, which made the election of Senators a function of the people. There are three classes of Senators, and a new class is elected every 2 years. The House of Representatives comprises 435 Representatives. The number representing each State is determined by population, but every State is entitled to at least one Representative. Members are elected by the people for 2-year terms, all terms running for the same period. Both the Senators and the Representatives must be residents of the State from which they are chosen. In addition, a Senator must be at least 30 years of age and must have been a citizen of the United States for at least 9 years; a Representative must be at least 25 years of age and must have been a citizen for at least 7 years. A Resident Commissioner from Puerto Rico (elected for a 4-year term) and Delegates from American Samoa, the District of Columbia, Guam, and the Virgin Islands complete the composition of the Congress of the United States. Delegates are elected for a term of 2 years. The Resident Commissioner and Delegates may take part in the floor discussions but have no vote in the full House or in the Committee of the Whole House on the State of the Union. However, they vote in the committees to which they are assigned. Executive Branch
cabinet: Cabinet appointed by the president with Senate approval elections: president and vice president elected on the same ticket by a college of representatives who are elected directly from each state; president and vice president serve four-year terms; election last held 2 November 2004 (next to be held November 2008) election results: George W. BUSH reelected president; percent of popular vote - George W. BUSH (Republican Party) 50.9%, John KERRY (Democratic Party) 48.1%, other 1.0%

The Constitution requires the president to be a native-born American citizen at least 35 years of age. The Twenty-second Amendment, ratified in 1951, limits the president to two terms of office. The vice president serves concurrently with the president. In addition to holding the right of succession, the vice president is the presiding officer of the Senate. The Twenty-fifth Amendment, adopted in 1967, amplifies the

process of presidential succession. The presidential term of four years begins on January 20 (it was changed from March by the Twentieth Amendment, ratified in 1933) following a November election. Within the executive branch itself, the president has broad powers to manage national affairs and the workings of the federal government. The president can issue rules, regulations, and instructions called executive orders, which have the binding force of law upon federal agencies but do not require congressional approval. He is also the commander-in-chief of the armed forces of the United States. The president nominates and the Senate confirms the heads of all executive departments and agencies, together with hundreds of other high-ranking federal officials. In addition, the president has legislative Power (by vetoing any bill passed by congress8), judicial powers (by nominating federal judges and granting pardon), foreign affairs and (by appointing ambassadors, ministers and consuls)
8

Unless two-thirds of the members of each house vote to override the veto.

Judiciary Branch
Supreme Court (its nine justices are appointed for life on condition of good behavior by the president with confirmation by the Senate); United States Courts of Appeal; United States District Courts; State and County Courts

Article III of the Constitution states the basis for the federal court system: "The judicial power of the United States shall be vested in one Supreme Court, and such inferior courts as the Congress may from time to time ordain and establish." The present structure is: the Supreme Court, 13 courts of appeals, 94 district courts, and two courts of special jurisdiction. Congress today retains the power to create and abolish federal courts, as well as to determine the number of judges in the federal judiciary system. It cannot, however, abolish the Supreme Court. The judicial power extends to cases arising under the Constitution, an act of Congress, or a treaty of the United States. The power of the federal courts extends both to civil actions for damages and other redress, and to criminal cases arising under federal law. The Supreme Court is the highest court of the United States, and the only one specifically created by the Constitution. A decision of the Supreme Court cannot be appealed to any other court. Congress has the power to fix the number of judges sitting on the Court. The Constitution does not mention the qualifications of judges. There is no requirement that judges be lawyers, although, in fact, all federal judges and Supreme Court justices have been members of the bar. The Supreme Court has original jurisdiction in only two kinds of cases: those involving foreign dignitaries and those in which a state is a party. All other cases reach the Court on appeal from lower courts. The second highest level of the federal judiciary is made up of the courts of appeals Court. Congress has established 12 regional circuit courts of appeal and the U.S. Court of Appeals for the Federal Circuit. The number of judges sitting on each of these courts varies considerably (from 6 to 28), but most circuits have between 10 and 15 judges. The courts of appeals review decisions of the district courts (trial courts with federal jurisdiction) within their areas. Below the courts of appeals are the district courts. The 50 states and U.S. territories are divided into 94 districts so that litigants may have a trial within proximity. Each district court has at least two judges, many have several judges, and the most populous districts have more than two dozen. Congress fixes the boundaries of the districts according to population, size, and volume of work. In addition there are two special trial courts which are Court of International Trade, (addresses cases involving international trade and customs issues) and Court of Federal Claims (jurisdiction over most claims for money damages against the United States,

disputes over federal contracts). Local Government There are 50 state governments plus the government of the District of Columbia, and further down the ladder are still smaller units that govern counties, cities, towns, and villages. State governments have three branches: executive, legislative, and judicial; these are roughly equivalent in function and scope to their national counterparts. The chief executive of a state is the governor, elected by popular vote, typically for a four-year term (although in a few states the term is two years). Except for Nebraska, which has a single legislative body, all states have a bicameral legislature, with the upper house usually called the Senate and the lower house called the House of Representatives, the House of Delegates, or the General Assembly. In most states, senators serve four-year terms, and members of the lower house serve two-year terms. Each state constitution provides that the final authority belongs to the people, and sets certain standards and principles as the foundation of government. City governments are chartered by states, and their charters detail the objectives and powers of the municipal government. But in many respects the cities function independently of the states. For most big cities, however, cooperation with both state and federal organizations is essential to meeting the needs of their residents. Types of city governments vary widely across the nation. However, almost all have some kind of central council, elected by the voters, and an executive officer, assisted by various department heads, to manage the city's affairs. There are three general types of city government: the mayor-council, the commission and the city manager. Many cities have developed a combination of two or three of them. The county is a subdivision of the state, usually but not always containing two or more townships and several villages. In most U.S. counties, one town or city is designated as the county seat, and this is where the government offices are located and where the board of commissioners or supervisors meets. The board levies taxes; borrows and appropriates money; fixes the salaries of county employees; supervises elections; builds and maintains highways and bridges; and administers national, state, and county welfare programs. Town and village government are municipal jurisdictions, which are too small to qualify as city governments. These are chartered as towns and villages and deal with local needs such as paving and lighting the streets; ensuring a water supply; providing police and fire protection; establishing local health regulations; arranging for garbage, sewage, and other waste disposal; collecting local taxes to support governmental operations; and, in cooperation with the state and county, directly administering the local school system. The government is usually entrusted to an elected board or council, which may be known by a variety of names: town or village council, board of selectmen, board of supervisors, board of commissioners. The board may have a chairperson or president who functions as chief executive officer, or there may be an elected mayor. Governmental employees may include a clerk, treasurer, police and fire officers, and health and welfare officers.

CONSTITUTIONAL MONARCHY & CONSTITUTIONAL REPUBLIC What is a constitutional monarchy? What is a constitutional republic? How do the two forms of government differ? 1. Constitutional Monarchy (U.K.): Constitutional Monarchy--A Definition. In a modern constitutional monarchy, or limited monarchy, the government is carried on in the name of one person who inherits his or her title and office but whose political authority is limited by law. The government, though carried on in the name of an hereditary chief of state, is genuinely constitutional, representative, and democratic in character. The authority of the Monarch is strictly limited by the Constitution. The real powers of government are solely or primarily in the hands of the people's elected representatives, especially those who are members of the majority party or coalition in the lower house of the legislature. The Monarch either shares political authority with the elected representatives and their leadership or, as is the case in Great Britain, has virtually no real authority and is a mere figurehead ruler, a purely symbolic and ceremonial sovereign. A Constitutional Monarch as Chief of State. Whether a particular constitutional, represent- ative democracy is a constitutional monarchy or a constitutional republic turns primarily on the nature of the office of chief of state and the method by which that office is filled. The chief of state, in either a republic or limited monarchy, is the ceremonial leader of the entire political society and sovereign state, the symbol of national unity and patriotism. In a constitutional monarchy, the chief of state is an hereditary monarch in whose name the government is carried on. The office of Monarch (King or Queen, Emperor or Empress) is held by the head of the dynasty accepted by the political society or nation as its legitimate royal family. When the reigning Monarch dies or abdicates, the office and title of Monarch are inherited by the member of the royal family who is next in the line of auccession. Governing Power in a Constitutional Monarchy. The Monarch is not an absolute monarch. Political authority is not lodged solely or primarily in the Crown. Real governing power is held and exercised by the voters' elected representatives. A modern constitutional monarchy, as we have seen, is representative and democratic as well as constitutional. The Role and Authority of the British Monarch. In the United Kingdom of Great Britain and Northern Ireland, every aspect of the Kingdom's government is carried on in the name of the Queen. The Prime Minister and Cabinet are referred to as "Her Majesty's Government" and as the "Ministers of the Crown." The Prime Minister has been called "Her Majesty's Chief Minister" and the "Chief Minister of the Crown." Britain's military forces are referred to as "Her Majesty's Armed Forces," different branches of the military

service labeled respectively the Royal Air Force," the "Royal Navy," and the "Royal Marines." (The Army is referred to as the "British Army.") Each ship in the Royal Navy is called "Her Majesty's Ship," or "HMS." The British courts are referred to as the "Royal Courts," and each prosecutor is officially known as the "Crown's Attorney." The Queen symbolically and ceremoniously wields governmental power in Great Britain. For example, she (1) appoints the Prime Minister and the other Cabinet ministers, (2) appoints judges to fill vacancies on the Royal Courts, (3) opens and closes the annual meetings of Parliament, (4) at the beginning of each session of Parliament, delivers before it the "Speech from the Throne," which sets forth the Cabinet's legislative program, (5) assents to legislative bills passed by Parliament, and (6) receives ambassadors from foreign governments. All of these official actions of the government are taken by and in the name of the Crown. As regards taking these official actions, however, the Queen does not possess independent decision making authority. Except in a very limited number of cases, the Monarch cannot legally and constitutionally follow her own judgment or preferences and act against the wishes of the leadership of the majority in the House of Commons. In appointing the Prime Minister, the Queen adheres to the convention dictating that she appoint to that office the member of Parliament who is clearly the recognized and accepted chief leader of the majority party in the House of Commons. In appointing the other Cabinet members, the Monarch must follow the advice of the Prime Minister. In appointing judges, the Queen must act on and in accordance with the advice of the Prime Minister or the Lord Chancellor. In opening and closing a meeting pf Parliament, the Queen must act in strict accord with the statutes, customs, and conventions of the Constitution. In delivering the Speech from the Throne, the Monarch reads to Parliament a speech written by the Cabinet, the content of that speech having been determined by the Prime Minister and Cabinet. In assenting to bills passed by Parliament, the Queen always gives her consent, following the convention dictating that she shall never veto a parliamentary bill. Like all other official actions of the Crown, the Queen's receiving foreign ambassadors is a purely symbolic and ceremonial function; the Prime Minister and Cabinet make the government's decisions on matters of foreign and defense policy. In brief weekly meetings between the Monarch and Prime Minister, private discussions of current public-policy issues are carried on, giving the Queen the opportunity to present her views to the Prime Minister. In these discussions, the rights of the Crown are limited to (1) the right to be consulted, (2) the right to encourage, and (3) the right to warn. While the Prime Minister will listen courteously and respectfully to the Queen as she expresses her views, the decisions on public policy are actually made by the Prime Minister and other Cabinet ministers--the leaders of the majority of the voters' elected representatives in the House of Commons. The influence of the Crown is not likely to be strong enough to modify public policy, if the Prime Minister and Cabinet have already decided on a given course of governmental decision making and action, which is almost invariably the case. The British House of Lords. Until recent reforms, existing and functioning in Great Britain's governmental system was an institution characteristic of European constitutional monarchies of the past--a non-elective, largely hereditary upper chamber of the national

legislature. Today, the House of Lords, as the non-elective (not popularly elected) upper chamber of the British Parliament, is a largely appointive body. The great majority of the seats in the House of Lords are filled by appointment. 572 of the 688 seats are held by life peers--persons appointed by the Crown, on the advice of the Prime Minister, to serve nonhereditary, life terms as voting members of the chamber. As of August 1, 2002, hereditary peers held only 90 seats in the Lords and bishops held the remaining 26 seats. As the House of Lords continues to evolve and constitutional reforms continue to be adopted, the proactive of allowing hereditary noblemen (lords, dukes, marquises, earls, counts, barons, etc.) to inherit seats and voting power in Britain's upper legislative chamber is on its way out. The House of Lords no longer plays the vital role it once played in the British governmental system. At one time, the House of Lords could effectively check and restrain the House of Commons. In previous centuries, a majority in the House of Lords had the power of absolute veto over a legislative bill favored by a majority in the House of Commons--the same type of veto which each of the two houses of the United States Congress (Senate and House of Representatives) possesses and frequently exercises over legislative action supported by a majority in the other house. Today, the House of Lords is virtually powerless. Under the Parliament Acts of 1911 and 1949 (statutes that have attained constitutional status), the House of Lords (1) cannot amend or veto a money bill (i.e., a tax or appropriations bill) passed by the House of Commons and (2) has only a weak, delaying veto over other types of legislative bills, a veto that the Commons can override without great difficulty. The Commons can override the Lords' amendment or veto of a non-money bill by passing the bill in each of three consecutive sessions of Parliament held during a period of not less than one year The House of Lords is further limited by the theory of the "mandate," which is now one of the important conventions of the British Constitution. This convention dictates that neither the House of Lords nor the opposition party shall attempt to block passage of a legislative bill relating to a public question on which a clear majority of the voters in the last national election unambiguously expressed themselves. The Real Governing Power in the British System. Due to the substantially weakened position of the House of Lords in the legislative decision making process, the House of Commons is, for all practical purposes, the British Parliament. In form and theory, Britain's Parliament is still a bicameral legislature consisting of the popularly elected House of Commons and the non-elective, largely hereditary House of Lords, with the two chambers sharing the legislative authority of the Kingdom. In reality, however, the authority to make final decisions on the enactment of statutory legislation is in the hands of a majority of the voters' elected representatives in the Commons. And while the House of Lords continues to function and the British government is still carried on in the name of the Monarch, the power to make and implement decisions on national public policy is exercised by the Prime Minister and Cabinet, supported by a majority in the House of Commons.

Other Contemporary Constitutional Monarchies. The British system of government is not the only constitutional monarchy in the world today. Other examples of present-day constitutional monarchies include the governmental systems of the Netherlands, Belgium, Luxembourg, Denmark, Norway, Sweden, Spain, Canada, Australia, New Zealand, and Japan. 2. Constitutional Republic (U.S.A.): Constitutional Republic--A Definition. A modern constitutional republic is a constitutional, representative democracy characterized by (1) a chief of state chosen by some method of election and (2) a total absence of inherited offices in the government. The system of government is constitutional, representative, and democratic in character because governmental power is limited by the Constitution and is exercised by representatives chosen in popular elections in which the bulk of the adult citizenry has or can easily obtain the legal right and opportunity to vote. The widespread electoral suffrage and the exercise of political authority by elected representatives make the governmental system a representative democracy; the fact that the power of government is limited by a body of fundamental law makes the political regime constitutional; and the elective, non-hereditary office of chief of state and the total absence of inherited offices in the government make the regime republican in character. The Chief of State in a Constitutional Republic. As was indicated in the discussion of constitutional monarchy, the distinction between the two types of modern constitutional democracy, republicanism and limited monarchy, turns primarily on the nature of the office of chief of state and the method by which the office is filled. In a republic, there are no inherited offices in the government, this absence or exclusion of hereditary positions applying to the office of chief of state in particular. A republican chief of state, usually styled "the President," is chosen through the election process. The President, or chief of state, is selected by direct popular vote, by the legislature, by an electoral college, or by some other method of election. Every public office in a republican government is filled by election (direct or indirect) or by appointment according to law, with all law that is not part of the Constitution being made or subject to modification by and with the consent of the people's elected representatives in the legislature. (Statutory law is enacted by and can be changed or repealed by the legislature. While common law is judge-made law, it is subject to modification by legislative statute.) Republicanism and Titles of Nobility. In a modern republic, hereditary titles of nobility are not recognized by law and are generally forbidden. There can be no chamber of the legislature made up of non-elective seats which, by law or custom, go automatically to persons holding inherited titles of nobility and/or inherited landed estates. There can be no governmental body such as the British House of Lords has been, up until recently. The U.S.A. as a Constitutional Republic. In the United States of America, the President, who is both the nation's chief of state and the effective head of the executive branch of the national government, is elected by the voters through the medium of the Electoral College. The members of both houses of Congress are chosen in direct popular elections. Pursuant

to the relevant provisions of the Federal Constitution, federal judges as well as U.S. ambassadors to foreign governments and international organizations and other high-ranking officers in the executive branch of the national government are appointed by the President, subject to confirmation by the U.S. Senate. All other federal officers and employees are appointed or employed in accordance with the relevant statutory laws enacted by Congress. Moreover, the U.S. Constitution denies both the national government and the states the authority to grant titles of nobility and prohibits officers of the national government from accepting such titles from foreign monarchs. Not only is the U.S. national government a republic, but the governments of the fifty states are also republican in form. The U.S.A. is a federal constitutional republic, composed of one national republic and fifty state republics. Article IV of the U.S. Constitution imposes on the national government the obligation to guarantee to every state in the American federal union a "republican form of government." Other Contemporary Constitutional Republics. In addition to the U.S.A., examples of constitutional republics in the world today include the Federal Republic of Germany, the Republic of France, the Republic of Italy, the Federal Republic of Austria, the Swiss "Confederation" (Switzerland), the Republic of Ireland, the State of Israel, the Hellenic Republic (Greece), the Republic of Finland, the Republic of Iceland, and the Republic of Costa Rica.

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