The United Kingdom Flashcards
Which countries compromise the UK?
England, Scotland, Wales and Northern Ireland
State form?
Constitutional monarchy
Form of government?
Parliamentary
State structure?
Unitary, with devolution
Head of State
King but his powers are limited by constitutional rules
Head of Government (technically the Kings government)
Prime Minister, appointed by the King, mostly the leader of the majority party in the Commons
Lower Chamber
House of Commons
Upper Chamber
House of Lords
Parliamentary motion of censure against executive?
Simple vote against PM or ministers in Commons
Residual legislative power?
King in Parliament
Legislative initiative?
Government, Commons, Lords
Bicameralism: Can upper chamber be overridden?
Yes, with exceptions
Veto against bills by head of state
By convention not
Concrete const. review of legislation?
No
Abstract constitutional review?
No
Constitutional human rights catalogue?
Various statutes
Effect of international treaties?
Dualism
Supremacy of EU law over national law qualified?
No, but UK may repeal EEC Act 1972
Of what consist the Parliament?
- the directly elected House of Commons
- The unelected House of Lords
Power of legislative initiatives
House of Commons, House of Lords, Government, Private member
Who has the power of amendment and rejection of bills?
Commons and Lords. but the Commons can in most cases ultimately insist on the adoption of legislation even against the will of the Lords, Parliament Acts 191171949
Where are constitutional rules stated?
In statutes, in case-law and in constitutional conventions
What is devolution?
A process whereby Parliament adopts statutes that
- Create sub-national authorities
- Hands them legislative power
- received Legislative power can be taken back anytime . –> Therefore the UK is not federation
- -> Countries receive power from central government but they have no say as they are not represented a central level
E.g devolved powers: culture, education, policy, tourism and health care
Scotland
- Has a separate parliament
- it can exercise all legislative power for its own territory, unless these powers are reserved to Westminster Section 28,29 Scotland Act 1998
Where are the Powers which are reserved for Westminster stated?
In Schedule 5 Scotland Act 1998
Wales, Scotland, Northern Ireland and England
Have its own parliament
Residual legislative power
What is the “Sewel motion”?
Westminster will legislate on Scotland if Scottish Parliament has invited it to do so
West Lothian Question?
The anomaly whereby Scottish Members of the Commons can vote on issues affecting England, but English Members of the Commons cannot vote on Scottish issues e.g. laws that apply to England
Who gets represented by the House of Commons (Commons)
The people of the UK
For how long is the House of Commons elected? Can the term be extended?
For a period of 5 years. To extend the term the Commons must pass a statute that also receives the approval of the Lords (Parliament Act 1911)
Can the House of Common be dissolved? Can early elections take place?
Early elections are only possible can only be called if
1. the House of Commons passes a motion to that effect with a majority representing 2/3 of its total seats including vacant seats or
2. if a vote of no confidence is not followed, within 14 days, by a vote of confidence in the government
Section 2 Fixed-Term Parliaments Act 2011
How are the Commons elected?
The UK territory is divided into single-member constituencies. To win a candidate must gain a plurality of votes. First past the post system
How many members has the House of Commons
650 members
Who are the Members of the House of Lords?
- Lords Spiritual (bishops)
- Lords temporal:
a) Life peers (appointed by the Prime Minister)
b) Hereditary peers (remanent, no new ones)
Are the Members of the House of Lords criminal liable?
They are protected from any legal action for what they have said in the House but they may be disciplined by the Committee for Privileges and Conduct. A member may be suspended or expelled. Furthermore they do not enjoy immunity from legal action against them in personal capacity
What is royal prerogative?
The remnant powers which are held by the Monarch or by Government ministers that may be used without the consent of the Commons of Lords
Important areas of royal prerogative?
- international organization of the civil service
- the decision to declare war and make peace
- the decision to conclude a treaty
- the appointment of ministers and peers
Once a statute is adopted in such are, it displaces royal prerogative
Where can bills be introduced?
in Commons and in the Lords but bills regarding finances are mostly introduced in the Commons
Emergency situation and emergency powers
Stated in the Emergency Power Act. It is upon the Queen to announce by proclamation that a state of emergency exists
Royal Assent
Acts of Parliament require royal assent to become law. But the King does not refuse to give royal assent. No royal veto.
Can one chamber override the other?
Parliament Act
The Commons can override the Lords. A bill that has originated in the HoC can be referred for royal assent even without the approval of the Lords, if the Commons adopt it in 2 positive session with at least 1 year having passed between the 2. reading and final adoption. Money bills already within 1 month. Bills that have originated in the Lords cannot be adopted without the Lords’ approval. The same applies to life-prolonging bills that would extend the maximum period of the general elections beyond the current 5 years. Furthermore HoL does not block HoC bills that implement electoral manifesto of the government (Salisbury Convention)
How is the government formed?
Mostly by the political party that commands an absolute majority in the house of Commons. Coalitions or minority government in a “hung” Parliament are an exception.
Who appoints the the ministers?
The King appoints the the cabinet ministers on advice of the Prime Minister. He has to agree with the selection of the Prime Minister. Cabinet minister must be members of Parliament.
The cabinet
- The cabinet forms the highest executive authority in the UK
- formed within Parliament
- accountable to the HoC
- Prime Minister leader of cabinet
Parliamentary Sovereignty
unlimited, Parliament can make any law and only Parliament can repeal it
Parliamentary scrutiny:
Parliamentary question
Every Wednesday 30 min are allocated for oral question to the Prime Minister. Each day (except Friday) ca. 45 min are set aside for questions to other ministers. Members my also ask written questions. At the end of every day’s public business half an hour is available for a member to raise particular issue (adjournment debate)
How can the Prime Minister be removed?
He resigns if the HoC passes a vote of no confidence against him. The same applies to individual ministers. Cabinet do not usually fall after a no-confidence vote. Transition of power from one Prime Minister to another within the same party is possible without elections as long the successor is accepted by the majority
