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Elections in GB

During XIX and XX centuries people of British Isles have achieved known democratization of suffrage and significant expansion of a circle of voters due to removal of many electoral qualifications.  All persons over 18 years of age may vote in parliamentary elections provided they are British subjects or citizens of the Irish Republic and are registered in the register of electors. The only exception are peers (who already have seats in the House of Lords), and persons who for obvious reasons are not eligible to register as voters, e.g. aliens and persons of unsound mind.

Every person who is a British subject aged 21 or over and is not otherwise disqualified, has the right to stand for election. Those who are disqualified include members of the House of Lords, clergy of the Church of England, the Church of Scotland, the Church of Ireland and the Roman Catholic Church, civil servants, members of the regular armed forces and the police forces and holders of judicial offices.

The system of registration of candidates is simplified as much as possible: the nomination paper of each candidate must be subscribed (signed) by two electors as proposer and seconder, and by 8 other electors as assenting to the nomination. The candidate must pay a deposit of 500 English pounds, if he fails to obtain .5 per cent of the votes cast, his deposit is forfeited (he loses his deposit).

In Britain where in political life prevail the system of two leading political parties, independent candidates have little chance of success. However, small political parties prefer to cooperate with leading parties in order to pass common candidates to parliament.

British electoral majority system, based on principle of relative majority, doesn’t suppose the second round in voting: the candidate who wins the most votes is elected, even if he or she does not get as many as the combined votes of the other candidates. Therefore there is a significant difference between amount of votes for candidates from political parties and amount of the places received by them in parliament.

This notoriously known British rigid electoral majority system quite often leads disproportionate representation of public parties and movements in a legislative body of the country, and sometimes and to the government of minority, for that is fairly criticized by the countries of the European commonwealth using other softer democratic forms.

English Constitution (1)

In England, differ from many other European countries. There is no constitution made as the single main law of the country. The English Constitution is a set of customs, precedents, traditions and laws established through many centuries. Thus, the English Constitution can be spoken about only conditionally.

Components of the English Constitution are the constitutional customs and advisory norms (the options of authoritative lawyers) having almost the same force, as well as the constitutional customs.

English jurists try to explain the absence of the fixed constitution by that in England the principles of parliamentary leadership and civil law have already been completely carried out. Actually, the absence of the constitution enables the ruling party interpret rights and duties of citizens as how it counts it rational and favorable at present time, filling the old form (customs, traditions, conventions, etc.) with the new maintenance.

British Constitution (2)

British Constitution is unwritten constitution. The Act which should be officially enacted as the main law (Constitution) in Great Britain does not exist. The unwritten constitution consists of three categories: 1) norms of the statute law, 2) norms of the case law, 3) norms of the constitutional customs.

The statute in Great Britain is called the act enacted or approved according to the established procedure by chambers of the Parliament and signed by the head of the government. Therefore, a set of statute norms has been called the statute law. Naturally, the norms of the statute law are not only norms of the state law, but also norms of other branches of the law – criminal, civil, etc. British governmental specialists attribute the statutes of the constitutional importance to the Bill of Rights (1689), the Act of Settlement (1701), the Parliament Acts (1911 and 1949), etc. Magna Carta (1215) is also the constitutional document.

Judicial precedents have become a source of the law since an era of early feudalism: since 13 century there was a system of judicial precedents called “the common law”, and since 15 century – another system of judicial precedents called “Equity”. After the judicial reform of 70^th years of 19 century the competence of general courts has included the using of the common law and equity. Thus, a uniform case law has appeared. Its frameworks have been extended by the precedents containing the interpretation of the statute.

The unwritten British Constitution includes, certainly, not all norms of the case law, but only those by which the important questions of the state law are adjusted. 

British Constitution (sources of law) (4)

Sources of British constitution are statutes, judicial precedents, the constitutional customs (the constitutional agreements), doctrines. The British Constitution is rather flexible, because the Parliament of the country can make or cancel any law with the same case and by the same procedure.

Statute law. This part of Constitution is formed only by statutes, that is acts accepted in order if identical edition by both chambers and authorized by the monarch.

Case law. It is a set of judgments on the constitutional questions, obligatory for courts to hear analogical cases in the future. The system of the case law consists of the common law and equity. The system of norms made by royal judges has been called common law (that is, single law of all country). When the judges heard any case, they tried to follow to a previous case in which judgments had already been given. At the same time the monarch had the right of mitigation of the most severe judgments, referring not to concrete precedents, but to the common law.

The common law plays a great role in British constitutional law, rather than judicial precedents. The constitutional customs also called agreements regulate the most important questions of the state life. The constitutional agreements regulate such issues as the formation of the government by party leader which won parliamentary elections, the procedures of summons of chambers of the Parliament and dissolution of the House of Commons.

Doctrines are the published opinions of eminent scientists on questions of the constitutional law. They are: “The treaties about English Law” by Brecton (1250), the book “The English Constitution” by Bedgegot (1865), etc. Courts address to the doctrines in cases when there is a blank in the law because of the lack of statute, judicial precedent or custom regulating certain relations.

Constitutional Monarch (functions of “crown”) (5)

Great Britain is the parliamentary democracy with the constitutional monarch – Queen Elizabeth II – which is head of the state.

The monarch – king or queen – is head of the state and source of Sovereign’s power formally. Functions of monarch can be divided into 2 groups: prerogatives and status. Queen opens the new session of the Parliament with a speech from the throne outlining her government’s program, every autumn. She also can dissolve House of Commons. Queen appoints the Prime Minister, being leader of party which has majority in the House of Commons. Queen has power to appoint ministers, judges. Monarch can pardon or show mercy. Monarch is commander-in-chief: he appoints officers, confers honors to the officers of arm forces and awards by decorations. Queen has power to approve diplomatic representatives, conclude treaties, declare war and make peace.

According to the Constitution Queen should show complete impartiality and should act only on the advice of her ministers, who are politically responsible for what she does.

Constitutional Monarchy and British Parliament (7)

Long before Queen Elizabeth II was crowned, during the national, historical development which included revolution and civil war, when one king was decapitated and another was expelled to France, powers of the monarchs passed to their counselors.

When, for example, in November in Westminster the Queen’s throne speech opens regular session of the parliament, a voice declaring a program of bills for discussion belongs to the Queen, whereas the words belong to the elected government. And when both chambers of the Parliament accept bills, none of them can become a law without a statement, making, according to the ritual, in Norman French language, that she decides so, the statement as a reminder about residual historical powers to refuse in her sanction.

The paradox is, that the monarch possess not power, but duties. To exercise these duties the monarch should be a fixed center in the changing UK, the symbol of continually binding the past, the present and the future, for people who in the democratic way decide by election who should possess the real authority, rejecting one prime-minister with his party and voting for a new one with his party.

You should remember, that in the House of Commons any prime-minister deals with the leader of the opposition, who is officially recognized as “Her Majesty’s opposition’. In other words, the monarch of the UK is above politics.

Politics come and leave, the hereditary monarch, who differs from elected and appointed from political considerations presidents, remains. Even the death during maintaining inheritance law, doesn’t create a vacuum. “King has died-long live the king”. 

Constitutional Monarch (6)

In 1952, after death of her father king George VI, princess Elizabeth came to the throne. That time she was 25 years old. She was crowned the next year – this ceremony tatols over thousand years – and according to the parliamentary act has been given the title: “Her Most Excellent Majesty 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”.

What means “constitutional monarchy”? Why among the countries formerly included in British Empire, became usual, after striving for independence and declaring itself republic, recognize, however, the Queen as a head of Commonwealth in which they continue to continue on their own will? Does the Queen rule in the common meaning of the world? Does she rule? What is her role in a political life?

To the casual observer it will seem that the Queen takes direct part in everything connected with the ruling of the UK. She is one of three parts of the parliament as the legislature body: the House of Commons, the House of Lords and the monarchy. None of laws passed by the Parliament do not become effective until the Queen gives her assent. The prime-ministers of the UK who defeated in general elections or had lost the majority in the elective House of commons, bring retirement suit to the Queen. And then the Queen offers the leader of the won party to form the government or consult  about whom to charge it.

Ambassadors are accredited in London not at a government department, but at her household in Saint-James (former royal palace), and all the honours – titles and distinctions – are actually granted by the prime-minister in the name of the Queen. All criminal trials are conducted on behalf of the crown. The queen heads armed forces, and officers receive their officers’ patents from her. She is also the head of the established church of England and from her name archbishops and bishops are appointed.  Nominally, she even appoints professors of the universities. According to the law, the monarch is the head of the executive, judiciary and commander-in-chief of all armed forces.

At the same time it is necessary to note, that the monarch possess not power, but duties. To exercise these duties the monarch should be a fixed center in the changing UK, the symbol of continually binding the past, the present and the future, for people who in the democratic way decide by election who should possess the real authority, rejecting one prime-minister with his party and voting for a new one with his party.

You should remember, that in the House of Commons any prime-minister deals with the leader of the opposition, who is officially recognized as “Her Majesty’s opposition’. In other words, the monarch of the UK is above politics. Politics come and leave, the hereditary monarch, who differs from elected and appointed from political considerations presidents, remains. Even the death during maintaining inheritance law, doesn’t create a vacuum. “King has died-long live the king”.

Constitutional Monarchy and British Parliament (8)

Differ from other countries, British constitution is not a written document. The existing parliamentary system which incessantly has developed since 18 century, is based on a set of separate laws, precedents and customs. Basically, it consists of three elements: the monarch, the House of Lords and the House of Commons.

Originally both chambers were subject to the monarch. During centuries, they became stronger and more powerful, but this process was rough and sometimes rather painful. Even today the resolution of the parliament cannot become a law without monarch’s consent, true is, that such consent has never been refused since 1707.  

The monarch’s role, practically is ceremonial: once a year the queen arrives in the parliament in the carriage and puts on monarch’s dress and crown to open the new session of the parliament.

Monarchy is the most ancient temporal institute of the UK, and the monarch’s power is hereditary. At the same time, it is necessary to note, that in Britain the queen reigns, but does not rule. Her majesty’s government rules the country in the name of the queen, who acts on her ministers` recommendation. The queen summons, prorogues and dissolves the parliament, she usually opens a new sessions of the parliament by throne speech, which contains the main plans of the government.

The monarch should give the royal assent, before the bill which has passed all stages of discussion in both chambers of the parliament, becomes the parliament act. As the head of the state the monarch has the right to sign the international agreements, concede or receive territory and declare war and conclude the peace.

The monarch grants honours and appoints to all important state posts, including judges, officers of all armed forces, diplomats.   

Government of Great Britain

Great Britain is a parliamentary monarchy, i.e. the Crown is not absolute and constitutional. The authority of a crown is limited by parliament, but this authority is ancestral (inheritable), instead of elective. In England the legend is eurysynusic, that the monarchy is harmless, that the king/queen reigns, but doesn’t control (operate). The crown implements only through parliament and cabinet of ministers.

The prime minister is a leader of a crew of the majority in the House of Commons. He reshapes government and cabinet of ministers, the authorities of which last 5 years before following selection. The residence of the prime Minister is on Dawning street, 10. The authority of a cabinet of ministers is controlled by Parliament.

The cabinet of ministers consists of the main ministers of government: the minister of the finance, minister of internal affairs, minister of foreign affairs, minister of a defense, lord-chancellor, Lord Privy Seal, Paymaster General and number others. Except for the members of a cabinet there are simply ministers, which enter in a composition of a government, but not of a cabinet, and are inferior to the colleagues. The cabinet plays a leading role in state and political life of the country. The cabinet of ministers, instead of parliament, possesses an actual authority.

The party in power aims to have stable absolute majority in Parliament. Otherwise under the proposal of the prime minister the early elections can be assigned.

Characteristic of English political formation is the bipartisan system. The development of two crews was outcome of union industrial bourgeoisie (Whigs) and landowning aristocracy (Tory). The parliamentary reform of 1832 conducted under pressure of mass, has resulted in considerable changes. The class face of parties had changed, the new titles had appeared: conservative (Tory) and liberals (Whigs). These two parties replaced one another for a management (manual) of country within almost a century. Then since 1923 the Labourists have taken a place of the Liberal party, which has survived crisis and have compounded opposition of conservative party.

On parliamentary elections of 1997 the Labour party has defeated conservatives also has formed government, which looked forward change radically the constitution of the country. First of all, it refers to parliament of the country: their intentions are to transform the Upper house of Parliament – House of Lords – into elected legislative body, and assign there national Lords selected on a lot, in much the same way to the selection of the jurymen.