JN805 British Public Affairs
The British Constitution, Political
System and Monarchy
Lecture Outline
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1. The British Constitution
2. Parliamentary Sovereignty
3. Westminster System
4. Roles of the Monarchy
1. The British Constitution
 Constitutions can be written
(such as the U.S. and France) or
unwritten.
 The U.K. does not have a written
constitution.
 ‘Unwritten’ (actually uncodified)
Constitutions:
 Advantages: flexible and easier
to add or subtract detail
 Disadvantages: Can create
ambiguity over crucial issues
relating to freedoms and rights
of citizens.
1. The British Constitution
 Primary sources of the U.K. constitution:
 Statute –individual laws, known as ‘Acts of Parliament’;
 Common Law – judge-made or ‘case’ law;
 Conventions – customs, traditions and long standing
practices;
 Treatises – history works of legal/and or constitutional
authority (such as Bagehot’s The English Constitution
(1867));
 Treaties.
1. The British Constitution
 Statute
 Magna Carta, signed by King John in 1215, established
rule of law: right to fair trial, all equal before law, etc.
 Bill of Rights in 1689, following agreement between
Parliament and William of Orange (William III and Mary
II), established parliamentary sovereignty.
 Bill of Rights introduced principle of parliamentary
privilege.
1. The British Constitution
 Parliamentary privilege safeguards media and public
in repeating claims.
 Expenses scandal in 2010 saw some accused MPs
claim parliamentary privilege (they were later
convicted).
 http://www.telegraph.co.uk/news/newstopics/mpsexpenses/5335266/MPs-expenses-the-timeline.html
1. The British Constitution
 Statutes:
 1701 Act of Settlement – deals with monarchical
succession (recent changes to male line and nonCatholic rules) http://www.bbc.co.uk/news/uk-22300293
;
 1706-07 – Acts of Union – unified England and Scotland
as United Kingdom of Great Britain;
 More recently, for example, Race Relations Acts, Human
Rights Act (1998), House of Lords Act (1999).
1. The British Constitution
 Common Law
 ‘Case law’ establishing
national framework of
common law began by
Henry II (1154-89).
1. The British Constitution
 Conventions:
 Important - Cabinet
collective and individual
ministerial responsibility;
 Historical ‘quirks’ - Black
Rod has Commons door
slammed in his face and he
raps it three times to gain
entry and lead MPs to
House of Lords at the
annual State Opening of
Parliament.
1. The British Constitution
 Treaties – most recent
2007 Lisbon Treaty.
 http://news.bbc.co.uk/1/hi
/world/europe/6901353.st
m
1. The British Constitution
 Draft Cabinet Manual
 Written by Sir Gus O’Donnell – looks at monarchy,
government, parliament and devolved institutions.
 http://www.bbc.co.uk/news/uk-politics-12669011
 http://www.publications.parliament.uk/pa/cm201011/c
mselect/cmpolcon/writev/734/cicm08.htm
1. The British Constitution
 Attempts at Constitutional Reform:
 Charter 88 – grew out of New Statesman article, called for
reforms including abolition of hereditary peers, alternative
voting system, etc.
 http://www.unlockdemocracy.org.uk/pages/the-originalcharter-88
 http://www.unlockdemocracy.org.uk
 New Labour did introduce devolution (with new voting
systems), incorporated European Convention on Human
Rights into British law, passed a FOI Act, introduced direct
election of London mayor.
2. Parliamentary Sovereignty
 “Parliamentary sovereignty effectively denies the
principle of the separation of powers” (Leach,
Coxall and Robins 2011, p. 178).
 Twin pillars of the constitution:
 First pillar: parliamentary sovereignty;
 Second pillar: rule of law.
 Second pillar subordinate to first pillar – parliament can
pass measures changing laws.
2. Parliamentary Sovereignty
 Parliamentary sovereignty undermined by U.K.
membership of the EU, greater use of referendums
(referendums require passing of Act of Parliament
and result is not binding on parliament but political
suicide to reject result), and Devolution.
 http://www.bbc.co.uk/news/uk-politics-23416898
 http://www.dailymail.co.uk/news/article2290802/Theresa-May-pledges-Conservatives-scrapHuman-Rights-Act-win-election.html
2. Parliamentary Sovereignty
 Executive (the government)
 Legislature (Parliament)
 Judiciary (the courts)
 Idea to spread power throughout the State and not to confer
too much power on individuals or small group.
 Although, monarch is still titular head of all three branches,
until 2007 Lord Chancellor (as he/she was then) was
member of all three institutions, and before 2009 Supreme
Court the Law Lords were members of Legislature and
Judiciary, and executive and legislature are fused.
2. Parliamentary Sovereignty
 In the UK then, we have more ‘balance of powers’
rather than separation of powers.
 Legislature balances power of executive: it has the
power to dismiss executive officers from office,
convention of ministerial responsibility establishes
accountability of government to Parliament.
3. Westminster System
 Parliamentary system,
named after the Palace of
Westminster (U.K.
parliament) and U.K.
model, that has been
adopted around the world
by Commonwealth
countries.
3. Westminster System
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Head of State
Head of Government (usually PM)
Executive group (Cabinet)
Independent civil service
Parliamentary Opposition Party
General elections
Elected legislature (usually bicameral) with ability to bring
down governments by blocking supply or through no
confidence motions
 Parliamentary privilege
 Records of meetings
4. Roles of the Monarchy
 U.K. is a constitutional
monarchy, meaning the
monarchy’s powers are
codified and limited.
 History of monarchical
power through struggles
with the Church and
Parliament.
4. Roles of the Monarchy
 Henry II - murder of
Thomas à Beckett (1170)
 Henry VIII Act of
Supremacy (1534)
 Execution of Charles I
(1649)
 Act of Settlement
4. Roles of the Monarchy
 “ … a royal family sweetens politics by the
seasonable addition of nice and pretty events. It
introduces irrelevant facts into the business of
government, but they are facts which speak to ‘men’s
bosoms’ and employ their thoughts” (Walter
Bagehot, The English Constitution, 1867).
4. Roles of the Monarchy
 Monarchy seeks to unify
nation through ceremony
and spectacle.
 Diamond Jubilee
 http://www.dailymail.co.uk/
news/article2154890/Diamond-Jubilee2012-A-million-turned-cheerQueen-Buckingham-Palacebalcony.html
4. Roles of the Monarchy
 Actual prerogative powers:
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Head of State;
Head of Executive, legislature and judiciary;
Commander-in-chief of Armed Forces;
Supreme governor of Church of England;
Head of the Commonwealth.
4. Roles of the Monarchy
 Roles:
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opens Parliament (with Queen’s speech);
Governs Church of England;
Meets PM once a week;
Entertains Heads of State;
Visits other nations as Head of State;
Chairs Privy Council meetings.
4. Roles of the Monarchy
 Notional prerogative powers (delegated to
government):
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Dissolving and summoning Parliament;
Giving royal assent to Bills of Parliament;
Appointing Ministers and other senior public officials;
Devising the legislative agenda;
Declaring war and peace;
Drawing up nominees for peerages, knighthoods and
other honours.
4. Roles of the Monarchy
 Monarchy now funded (following Sovereign Grant Act
2011) by single annual payment: the sovereign grant.
 Set at 15% of annual net revenue of Crown Estates – £36.1
mln for 2013/14.
 http://www.bbc.co.uk/news/uk-22003165
 Also income from Privy Purse (income from Duchy of
Lancaster estate) and personal income.
 Cash reserves of Queen fall:
 http://www.theguardian.com/uk-news/2014/jan/28/queensroyal-household-budget/print
4. Roles of the Monarchy
 The Monarchy and Taxation:
 Queen did not pay income tax
until 1993.
 Sovereign grant is not taxable
but Privy Purse is taxed.
 Prince Charles taxation affairs:
 http://www.theguardian.com/uknews/2013/jul/15/prince-charlestax-duchy-cornwall
 http://www.dailymail.co.uk/news
/article-2364231/Prince-Charlespaying-lower-rate-taxservants.html