SYSTEM OF GOVERNMENT
Britain is parliamentary democracy with a constitutional monarch - Queen Elizabeth II - as Head of State. The British constitution, unlike those of most other countries, is not set out in any single document. Instead it is made up of statute law, common law and conventions.Conventions are rules and practices which are not legally enforceable but which are regarded as indispensable to the working of government.
Constitutional Reforms
- The Government held separate referendums in Scotland and Wales in 1997 which confirmed popular demand for devolving power from Parliament at Westminster to a Scottish Parliament and a Welsh Assembly. Legislation is before Parliament to implement the devolution settlements.
- In a referendum in May 1998, the residents of London voted in favour of having a directly elected mayor and assembly of 25 members.
- Legislation is before Parliament to enact a Code of Rights which would incorporate the European Convention on Human Rights into domestic law.
Other major proposals include increasing the openness of government through the introduction of freedom of information legislation; modernizing the procedures of the House of Commons; and reforming the House of Lords.
MONARCHY
The Monarchy is the oldest institution of government, going back to at least the 9th century. The only interruption in the monarchy was the republic of 1649-60.The Queen is not only Head of State, but also a symbol of national unity. Her royal title in Britain is: ‘Elizabeth the Second, by the Grace of God, of the United Kingdom of Great Britain and Northern Ireland and of her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith’.
In law the Queen is head of the executive, an integral part of the legislature, head of the judiciary, the commander – in – chief of all the armed forces of the Crown and the ‘supreme governor’ of the established Church of England. As a result of a long process of evolution, the Monarchy’s absolute power has been progressively reduced so that its political role is now largely ceremonial, with the Queen acting on the advice of her ministers.
The Queen and the Royal Family continue to take part in many traditional ceremonies. Their visits to different parts of Britain attract considerable interest and publicity; they are also involved in the work of many charities.
PARLIAMENT
Parliament, Britain’s legislature, comprises the Queen in her constitutional role, the House of Lords and the elected House of Commons. The agreement of all three elements is normally required for legislation, but that of the Queen is given as a matter of course. Public Bills must normally be passed by both Houses. Once passed, legislation receives the Royal assent and becomes law.
The centre of parliamentary power is the House of Commons, with 659 elected Members of Parliament (MPs), each representing a local constituency. The House of Lords is made up of hereditary peers and life peers, together with senior bishops of the Church of England. The powers of the Lords are based on the principle that the House, as a revising chamber, should complement the Commons and not rival it; it has the power to delay passage of most laws for a year, but rarely uses it.
Proceedings in Parliament include a variety of debates when issues can be considered; Question Time in the House of Commons, which gives MPs opportunities to ask ministers questions; and a range of parliamentary committees which question ministers and civil servants before preparing reports on matters of public policy. The proceedings of both Houses of Parliament are broadcast on television and radio, sometimes live or more usually in recorded and edited form.
General elections to choose MPs must be held at least every five years. Voting, which is not compulsory, is by secret ballot and is from the age of 18. The simple majority system of voting is used. Candidates are elected if they have more votes than any of the other candidates- although not necessarily an absolute majority over all other candidates. As a member of the European Union, Britain recognizes the various types of European Community (EC) legislation and wider policies. It sends 87 elected members to the European Parliament.
POLITICAL PARTY SYSTEM
The political party system is an essential element in the working of the constitution. Although the parties are not registered or formally recognized in law, in practice most candidates in elections, and almost all winning candidates, belong to one of the main parties. Since 1945 eight general elections have been won by the Conservative Party and seven by the Labour Party. A number of smaller parties are also represented in Parliament, mainly based in Scotland, Wales and Northern Ireland. Political parties have national and local organizations outside Parliament, and are also represented in local government.
GOVERNMENT
The Government is formed by the party with majority support in the Commons. The Queen appoints its leader as Prime Minister. As head of the Government, the Prime Minister appoints about 100 ministers, of whom about 20 are in the Cabinet – the senior group which takes major policy decisions. Ministers are collectively responsible for government decisions and individually responsible for their own government departments. The largest minority party forms the official Opposition, with its own leader and ‘shadow cabinet’. The Opposition has a duty to challenge government policies and to present an alternative programme.
Policies are implemented by government departments and executive agencies staffed by politically impartial civil servants. They serve the government of the day regardless of its political complexion.
The Committee on Standards in Public Life considers the conduct of MPs and civil servants and makes recommendations designed to ensure that the highest standards are maintained.
Citizen’s Charter
The Citizen’s Charter, launched in 1991, aims to raise the standard of public services and make them more responsive to their users. The Charter, which applies to all public services and privatized utilities, sets out a number of key levels of service which users of public services are entitled to expect. Most major public services have published separate charters.
LOCAL GOVERNMENT
Elected local authorities exercise powers and duties given to them by Parliament. These include providing housing, education, personal social services, police and fire services. Local authorities raise revenue through the council tax (a local tax on domestic property), although their revenue spending is financed primarily by grants from central government and by the redistribution of revenue from the national non – domestic rate (a property tax levied on business and other non – domestic properties).
The structure of local government in England, Scotland and Wales has changed during the last ten years:
- In some non- metropolitan areas in England the two- tier structure – of counties and smaller districts – has been replaced by single – tier or ‘unitary’ authorities, especially in larger cities; the restructuring was completed by April 1998.
- In Scotland, 29 new single – tier councils replaced the previous nine regional and 53 district councils – three islands councils have remained in being; and
- In Wales, 22 single – tier authorities replaced the previous eight county councils.
NORTHERN IRELAND
Because of the need to deal with politically inspired violence and inter – communal terrorism, the Government assumed direct rule over Northern Ireland in 1972, taking over from a devolved administration.
Throughout the period of direct rule, successive British Governments have favoured a devolved administration widely acceptable to both the largely Protestant unionist and largely Catholic nationalist political traditions. Unionists have traditionally favoured remaining part of Britain, while the nationalists have tended prefer reuniting the two parts of Ireland.
The British and Irish Governments have worked closely together. The 1985 Anglo – Irish Agreement created an Intergovernmental Conference in which both governments discuss issues such as improved border co – operation and security. The Downing Street Declaration (1993) set out the views of the two Governments on ways towards a future settlement. Their Joint Framework Document (1995) outlined what an overall settlement might look like.
Since 1992 the Government has been engaged in bilateral talks with the main Northern Ireland parties; this work led to the launch of all-party negotiations which started in June 1996. Substantive discussions began in September 1997. Following nearly two years of all-party negotiations, a comprehensive agreement on a political settlement in Northern Ireland- the Good Friday Agreement- was reached in April 1998. A referendum held the following month endorsed the Agreement by 71.1per cent to 28.8per cent. Elections to a new Northern Ireland Assembly took place in June 1998, and legislation to implement the settlement will be introduced as soon as possible.
JUSTICE AND THE LAW
England and Wales, Scotland and Northern Ireland all have their own legal systems, with differences in law, organization and practice. All three have separate prosecution, police and prison services. Crime prevention policy and non-custodial treatment for offenders are similar throughout Britain.
The main sources of law are statute law passed by Parliament, common law and European Community law. EC law, deriving from Britain s membership of the European Union, is adopted mainly in economic and social matters, agriculture and the environment; in certain circumstances it takes precedence over domestic law.
CRIMINAL JUSTICE
About 5 million crimes were recorded by the police in England and Wales in 2006. Crime tends to be concentrated in cities and urban areas, with over 90 per cent of recorded offences directed against property and only a small proportion involving violence. Important measures to strengthen the criminal justice system have been taken in recent years. For example, the courts now have powers to confiscate the proceeds from serious crime, such as drug trafficking, robbery and fraud. Strict legislative controls on firearms are in force. The Government has certain special powers to help in preventing and investigating terrorist crime. These take account of the need to maintain a proper balance between the safety of the public and the rights of the individual. Legislation is planned to improve the youth justice system and to combat anti-social behavior and petty criminality in local communities. Law enforcement is carried out by 52 locally based police forces, with a combined strength of about 150,000. Certain police services are provided centrally, either by the Government or through co-operation between forces. Police officers are normally unarmed and there are strict limits to police power of arrest and detention. Police – community liaison groups operate in every police authority. They consist of representatives from the police, local councilors and community groups.
Most accused people are released on bail pending trial. They are not remanded in custody unless strictly necessary. In British criminal trials the accused is presumed innocent until proven guilty. Trials normally take place in open court, and rules of evidence, which are concerned with proof of facts, are rigorously applied. Less serious offences (the vast majority of criminal cases) are tried by lay magistrates sitting without a jury. The most serious cases are tried in the higher courts before a jury of 12 (15 in Scotland) which decides on guilt or innocence. The judge decides questions of law, sums up the evidence for the jury, and discharges or sentences the accused. Juries are independent of the judiciary. Legislation sets the maximum penalties for offences. Fines, community sentences (such as probation) or custody may be imposed on a convicted person, who has the right of appeal to a higher court. There is a mandatory sentence of life imprisonment for murder. Life imprisonment is the maximum penalty for serious offences such as robbery, rape and manslaughter. The death penalty is not used. Prisoners are housed in accommodation ranging from open prisons to high security establishments. There are over 150 prisons, with a total of some 55,000 prisoners. Women have separate prisons. Children are not normally kept in prison-the basic custodial sentence for those aged 15 to 21 ( 16 to 21 in Scotland ) is detention in a young offender institution.
CIVIL JUSTICE
The civil law of England, Wales and Northern Ireland covers business related to the family, property, contracts and torts (non-contractual wrongful acts suffered by one person at the hands of another ). It also includes administrative, industrial, maritime, military and ecclesiastical law. Scottish civil law has its own, broadly similar, branches.
Civil actions brought to court are usually tried without a jury. Most judgments are for sums of money, and the costs of an action are generally paid by the party losing the action. The Government has announced plans for fundamental reform of the civil justice system.
ADMINISTRATION OF THE LAW
Administration of justice rests with the Lord Chancellor as head of the judiciary, the Home Secretary, the Attorney General and the Secretaries of State for Scotland and Northern Ireland.
Judges are not subject to ministerial direction or control. They are normally appointed from practicing barristers (advocates in Scotland) or solicitors. Lay magistrates are trained to give them sufficient knowledge of the law. Barristers and advocates advise on legal problems submitted through solicitors or other recognised professional bodies and present cases in all courts. Solicitors undertake legal business for individual and corporate clients; they can also, after training, present cases in all courts.
A person in need of legal advice or legal representation in court may be granted legal aid from public funds.
EXTERNAL AFFAIRS AND DEFENCE
British foreign policy aims to:
- make Britain a leading player in a Europe of independent nation states;
- strengthen the Commonwealth; and
- secure more effective international action to preserve world peace and combat world poverty.
Britain is a member of some 80 international organizations, including the United Nations (UN), the Commonwealth, the North Atlantic Treaty Organisation (NATO) and the European Union (EU). It plays an active part in furthering international peace and security, and it also protects the interests of 13 Overseas Territories, which include Bermuda, the Falkland Islands and Gibraltar:
Britain maintains a world-wide presence through 222 diplomatic missions and has diplomatic or consular relations with 189 countries.
EUROPEAN UNION
Britain is member of the European Union ( EU ), which comprises the European Community ( EC ) and intergovernmental co-operation on foreign and security policy, and on justice and home affairs. As one of the larger of the 15 member countries, Britain provides two of the 20 members of the European Commission, which puts forward legislative proposals, executes decisions taken by the Council of the European Union and ensures that EC rules are correctly observed. The Council is the main decision-making body and member states assume the Presidency in rotation every six months; Britain assumed the Presidency in January 1998 .
The priorities of the British Government are the completion of the single market in financial services, EU enlargement to include Cyprus and the democratic nations in Central and Eastern Europe, reform of the Common Agricultural Policy and a more effective Common Foreign and Security Policy.
Maastricht Treaty
The 1992 Maastricht Treaty of European Union amended the 1957 Rome Treaty (under which the European Community was set up) and made other new commitments, including moves towards economic and monetary union. The Treaty:
- established the EU and introduced the concept of EU citizenship; and
- embodied the principle of subsidiarity, under which action should be taken at the European level only it its objectives cannot be achieved by member states acting alone.
THE COMMONWEALTH
There are 54 members of the Commonwealth, including Britain. It is a voluntary association of states, nearly all of which were British territories but are now independent. The Queen is recognised as head of the Commonwealth and is Head of State in Britain and 15 other member countries. The Government participates in all Commonwealth activities and welcomes it as a means of consulting and co-operating with peoples of widely different cultures.
The Commonwealth Secretariat in London promotes consultation, disseminates information and helps to organize Heads of Government Meetings and other conferences. It administers co-operative programmes, including the Commonwealth Fund for Technical Co-operation.
UNITED NATIONS
Britain is fully committed to the purposes and principles of the United Nations and its Charter. It is one of the five permanent members of the UN Security Council-the others are China, France, Russia and the United States. In 2005 Britain was the fifth largest contributor to the UN regular budget. It also contributes significantly to UN peacekeeping, contributing nearly 7 per cent of total costs in 2005.
HUMAN RIGHTS
Britain has consistently supported UN efforts to promote human rights through the establishment of internationally accepted standards, as laid down, for example, in the Universal Declaration of Human Rights and in two international covenants on economic, social and cultural rights, and civil and political rights. Britain is bound by the Council of Europe’s Convention for the Protection of Human Rights and Fundamental Freedoms, and accepts the compulsory jurisdiction of the European Court of Human Rights. Britain is also a party to other international human rights conventions, including those on the elimination of discrimination on grounds of rase and against women, the rights of the child, torture, and the prevention of genocide.
The Government has announced that it will publish an annual report on its work in promoting human rights abroad and has stated that the protection and promotion of human rights are at the centre of its foreign policy.
DEFENCE
The aims of British defence policy are to defend the freedom and territorial integrity of Britain and its Overseas Territories; to contribute to Britain` s wider security interests; to promote peace; and to help maximize Britain` s international prestige and influence. Defence policy is currently being examined as part of an overall Strategic Defence Review. However, NATO remains the foundation of Britain’s defence and security policies. Most of Britain’s forces are assigned to it. The Trident submarine force provides a minimum, but credible, nuclear deterrent, although Britain is committed to the long-term goal of global elimination of nuclear weapons and, indeed, all weapons of mass destruction. It has also signed an international treaty banning the production, stockpiling, export and use of anti-personnel landmines.
Since the end of the Cold War, co-operation with the states of Eastern Europe and Central Asia has been a priority. The Partnership for Peace, launched in 1994, seeks to deepen political and military ties between NATO and these countries, in such areas as peacekeeping and humanitarian operations. NATO now has 27 Partner countries, including Russia. Defence expenditure is being reduced in real terms, and will amount to 2.6 per cent of gross domestic product in 2004-05. The average for NATO countries is 2.3 per cent. In 2005 the strength of the armed forces was around 112,700 in the Army, 57,000 in the Royal Air Force and 46,000 Royal Navy.
DEVELOPMENT CO-OPERATION
In 2004-2005 the British overseas aid programme (the sixth largest in the world) amounted to 2,610 million pounds, of which 87 per cent was for developing countries. About 53 per cent was given directly to individual countries. The remainder was channeled through international bodies, such as the EU, the UN and the World Bank group of institutions. In addition, over 280 million was invested in developing countries by the Commonwealth Development Corporation.
Britain’s aid programme is concentrating on improved access for poor people to essential health and basic education services and on finding ways to increase the incomes of smallholder farmers and the urban poor. The aid effort is to be focused on eliminating poverty and helping the human development of the poorest people, as well as supporting the process of transition to pluralist democracy and a market economy in Central and Eastern Europe and Central Asia.
CULTURAL RELATIONS
The British Council is Britain` s principal agency for cultural relations overseas, working in 228 towns and cities in 109 countries. The Council:
- helps people to study, train or make professional contacts in Britain;
- enables British specialists to teach, advise or establish joint projects abroad;
- teaches English and promotes its use;
- provides library and information services;
- promotes scientific and technical training, research collaboration and exchanges; and
- makes British arts and literature more widely known.