The british political system

CM ANGLAIS JURIDIQUE

11/09/17

British system

American system

How the system works

The historical reasons which explain this

Fascicule en anglais sur moodle

The british political system

1. The monarchy

The UK’s system of government is know as a constitutional monarchy. The definition: system of gvt in wich the head of the state is a monarch whose power is shared with a constitutionally organized government. The Queen is not the State. The queen visit the parliament to make a speech is different from a republic. Every four years you need to vote to a  new president.

1. The Queen and her role

1. Head of state

What role does the Sovereign play in the British political system?

•  A very important symbolic one is the three branches of government, in the executive branch HMGovernement.
• In the legislative branch she give a speech to open (tous les  5 ans) .
•  in the judicial branch, the courts and judges.

The sovereign and the executive Branch:

• the government is known as Her Majesty’s Government.
• The sovereign appoints the Prime minister and the Cabinet usually the prime minister visit the queen every weeks.
• This allows the Sovereign to take certain decisions without approval by Parliament.
• The sovereign is head of the armed forces.

The sovereign and the legislative Branch :

The queen in Parliament:

•  The sovereign need to approve of a bill wich passes through Parliament before it becomes law.
•  Royal Assent. All laws are made in the name the Sovereign.
• The sovereign opens and prorogues parliament.
• The only one who can do this, during the Opening of Parliament the Sovereign reads a speech explaining what laws their Government plans to enact. the sovereign is considered to be the Fount of Justice.
• The most important judges are appointed by the Sovereign, her majesty’s Court and Tribunal Service.
• Criminal cases are initiated by the crown prosecution service.
•  On behalf of the crown. Regina v Smith or R v Smith  

1. With more or less power

Elisabeth queen

How lmuch real power does the Monarch leave?

•  Very little. The prime minister is the leader of the majority party in the House of Commons, the prime minister tells the sovereign who to appoint as ministers.
•  The royal prerogative power are almost all exercised on the advice of the government. Any important  
• When a bill has passed through Parliament, Royal Assent is a formality, the sovereign always assents.
• The Queen’s Speech is written by the government. the decision to porogue or to dissolve Parliament is determined by law.
•  Previously made by the PM. Almost all judges are appointed by a Judicial Appointments commission. They select judges from a list of candidates. Give their appointee to the government who generally approuves it.
• The government passes the name on to the Monarch who automatically make the appointment.

Conclude: the legislative executive and judicial power previously held by the Crown has greatly diminished. It now plays a symbolic role in these institutions. They are traces of the past when it held real power. This is no longer the case. We say that “the Sovereign reigns but does not rule”.

How then, did the Monarch come to lose its power?

• A gradual historical process. It resembles a rise and fall more than a gradual decline.
• The monarchy strengthened its power during the Renaissance.
•  This brought it into conflict with Parliament.
•  Parliament won and the monarchy lost.

Let’s start with the Norman invasion in 1066:

• Led by William the Conqueror, came from Normandy and he decided the England be a part of Normandy.
• Defeated King Harold at the Battle of Hastings.
• Took control of most of England and Wales pieces.
•  Governed England using a feudal system, like a pyramide, the man of the top is the King, you have to pay to be in the high family.
• The peasants’ works and give money to the king. Noble families who helped William win the throne were rewarded with lands.in return they helped to maintain William on the throne.
•  Also needed to have the Church on his side.

Abuse of Royal Power:

•  the relations between a King and his nobles was not always easy.
• If he asked them for too much money or military service.
•  If he confiscated their lands. If he lost their lands in battle. If he abused his royal power.
• At the beginning of the 13th century King John did all of these things.
• He also a got in trouble with the church → he was excommunicated.

The Baron’s Rebellion:

• The main noble families rebelled against John in 1215
• They forced him to promise that he would no lounger abuse his royal power
• They wrote these promises down and made him sign it
• The doc was called the Magna carte
• A very significant doc in English constitutional history

The Magna carta- Main aspects:

• It was a peace treaty between the king, the barons and the church
• The king agreed to limit his royal power :

• He would ensure the freedom of the church
• He would not require high taxes to be paid by his feudal lords
• He would not detain a freeman arbitrarily
• He would ensure trial by jury
• He would accept a council of 25 barons to ensure that the Magna Carta was observed

• Very significant symbolically in the long term :

• It established certain principles
• The limitation of the Kings arbitrary power

• The king is not above the law
• He is subject to it : - the beginning of the rule of law (état de droit)

• The necessity of consultative body for the king

• The seeds of Parliament

• Certain rights :

• The right to freedom from detention
• The right to a jury trial

Legacy Magna Carta

• The bill of Rights 1689
• The American Constitution 1789
• The American Bill of Rights 1791
• The universal declaration of Human Rights 1948”the international Magna Carta for all men everywhere”

Let’s Fast Forward to the Tudors:

• The 13th 14th and 15th centuries were unstable time for Kings
• Powerful noble families battle for the throne
• Two kings were deposed
• The culminated in the war of the Roses (1455-1487)

• The civil war between

• At the end Henry Tudors King Henry VII

The Tudor’s Consolidation of Royal Power- Henry VIII:

• Henry VII banned noble families from maintaining standing armies
• He also established a new court to eliminate rivals accused of treason
• He reduced royal expenditure

• This reduced his dependency on Parliament who financed it

• Henri VIII officialised the union between Wales and England through the act of Union (1536)
• He established the Privy Council

• A cabinet style council to help him govern

• He also placed himself at the head of the Church through the Act of Supremacy (1534)

• Henry VIII officialised the union between Wales and England through the Act of Union (1536)
• He established the Privy Council

• A cabinet style council to help him govern

• He also placed himself at the head of the Chruch thtrough the Act of Supremacy (1534)

• He effectively replaced the Pope
• Created the Church of England (aka the Anglican Church)

Why did Henry VIII place himself at the head of the Church?

• The immediate cause was the Pope’s refusal to allow him to annul his marriage to his wife Catherine

• Catherine was unable to give him a male heir (héritier)
• Henry wanted to marry Anne Boylen

• The Church was also a source of enormous wealth

• Henry VIII was a big spender

• The Protestant Reformation was sweeping Europe

The Reasons behind the Protestant Reformation in England

• The corruption of the Church

• Possessed immense amounts of money

• The development of education

• The growth of grammar schools

• The invention of the printing press

• This gave a much larger number of people access to books and learning

• The important of human reasoning

• This was a Renaissance value
• It encouraged the challenging of old established ideas

• The strengthening of national identity across Europe

• More tension between nations
• Less acceptance of being controlled by Rome

The rise of Protestantism in Europe

• Led by Martin Luther
• Challenged the church’s position
• Proposed a certain number of reforms to improve it

• The abolition of  “buying salvation”
• The introduction of national languages as the language of the church, rather than Latin
• Emphasis on reading the bible
• Less dependence of the authority of Rome and of priests

• People could have a “personal relationship” with God

• Priests should be allowed to marry

Henry VIII’s legacy

• More royal power
• Less national unity

• Divisions emerged between Protestants and Catholics
• Divisions also emerged between radical and moderate Protestants

• Anglicans v Presbyterians

• Eventually led to Civil War

Henry’s Successors

• Edward VI (1547-53) Pursued the reform of the Church
• Mary I (1553-58) reversed the process by trying to re-establish the Catholic Church

• Violent measures used

• Elisabeth I (1558-1603)

• A period of relative religious stability

• Imposed Anglicanism

The end of the Tudor Dynasty

• Elizabeth died in 1603 without leaving an heir
• She was succeeded by her cousin James VI of Scotland

• He became James I of England
• Began the Stuart dynasty

King James’s ideas about royal power

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