Topic 7 - The British and American Systems of Government Flashcards
British Sources of Authority
1) The British system of government operates without a written constitution.
2) There are four sources of authority which are (i) Constitutional Conventions; (ii) Acts of Parliament; (iii) Opinions of judges; (iv) Opinions of constitutional scholars.
3) The doctrine of the Supremacy of Parliament applies to all laws enacted by Parliament.
4) Constitutional conventions are the core of the functioning of the system of government.
The Supremacy of the British Parliament
The supremacy of Parliament is one of the fundamental tenets of the British Constitution and it confers supreme legislative power on Parliament.
The constitutional scholar A.V. Dicey spoke of “the right to make or unmake any law whatever…and…no person or body is recognised by the Law of England as having the right to override or set aside the legislation of Parliament”.
This supremacy was challenged with the U.K.’s membership of the European Union (EU).
Membership of the EU together with the introduction of the Human Rights Act 1998 diminished the doctrine of the Supremacy of Parliament.
The impact of the Brexit vote in June 2016 could alter this situation once the UK formally withdraws from the EU.
The Monarch
The Monarch is chosen by a line of succession and is Head of the Church of England.
The Succession to the Crown Act 2013 replaced male-preference primogeniture with absolute primogeniture for succession to the Throne for those born in line after 28 October 2011.
The Act also removed the disqualification of anyone who married a Roman Catholic.
All persons outside the first six in line to the Throne are now free to marry without the permission of the Monarch.
The Act implemented the terms of the Perth Agreement 2011 that was made at the CHOGM in Perth, Australia among 16 Commonwealth countries that recognise Queen Elizabeth II as their Monarch (9 of these are from the Commonwealth Caribbean).
The Parliament
The House of Commons, comprising 650 Members of Parliament elected through the first-past-the-post system, plays a central role in the UK political system. The leader of the party with a majority or the MP who can secure majority support becomes the Prime Minister. The Queen appoints Ministers based on the Prime Minister’s advice, with candidates drawn from either the House of Commons or the House of Lords.
The Fixed-term Parliaments Act 2011 dictates that each Parliament lasts for five years, unless early dissolution is supported by a two-thirds Commons majority or the Government faces a motion of no confidence. General elections are scheduled for the first Thursday in May every five years, unless the House of Commons approves an earlier date or a successful no-confidence motion triggers an early election, as exemplified in April 2017.
The House of Lords, with members categorized as hereditary peers, life peers, and spiritual peers, serves as the upper house. Governed by the Parliament Act 1949, the House of Lords can only delay legislation passed by the Commons for one year in case of disagreement. This parliamentary structure outlines the key elements of the UK’s political system and its legislative processes.
The Cabinet and Ministers
The Prime Minister advises on the formation of the Cabinet.
Ministers are appointed without delay by the Monarch from among members of the House of Commons or the House of Lords on the advice of the Prime Minister and can be dismissed at any time.
Cabinet is governed by the doctrine of the collective responsibility of the Cabinet to Parliament through (i) the confidence rule, (ii) the confidentiality rule, and, (iii) the unanimity rule.
Ministers are governed by the doctrine of the individual responsibility of Ministers to Parliament through (i) the advice rule, (ii) the culpability rule, and, (iii) the propriety rule.
The Judiciary
Since 1st October 2009, the United Kingdom Supreme Court has been the final court of appeal for the UK.
This court replaced the House of Lords as the final court of appeal.
The Lord Chancellor no longer plays the three-part role that he used to play before 2009.
In 2005 the Secretary of State for Justice became the Minister responsible for the Judiciary; in 2006, the office of Lord Speaker was created to preside over the House of Lords; and in 2009, the Lord Chief Justice replaced the Lord Chancellor as the head of the Judiciary.
Since 2009, the so-called Law Lords no longer sit in the House of Lords as they are now all on the bench of the UK Supreme Court.
Judges on the Supreme Court are appointed by the Queen on the advice of the Prime Minister after the Prime Minister receives a recommendation from the Lord Chancellor who is required to convene a selection commission to advise the Lord Chancellor on an appointment to the Supreme Court. Judges serve until the age of 70.
The Foundations of the American System of Government
The United States Constitution was approved by delegates to the constitutional convention in Philadelphia on 17 September,1787.
The Constitution is the supreme law of the USA.
The Bill of Rights was ratified on 15 December 1791 and consists of the first Ten Amendments to the Constitution.
Any amendment to the constitution must be passed by a two-thirds majority in both Houses of Congress and approved by three-fourths of all the states of the union.
There have been 27 amendments to the US Constitution since its ratification in 1787.
The United States Supreme Court is the only entity that can determine what the words of the constitution mean.
The Presidency
The President and Vice President run as a team and are elected on the first Tuesday following the First Monday in November in a leap year.
The presidential nominees of each party are determined after primary elections or caucuses in the states and the candidate who has the largest majority of delegates to the quadrennial convention of their party becomes that party’s nominee.
The presidential nominee chooses a running mate as his/her vice presidential nominee who is then approved by the quadrennial convention of their party.
The winners are determined by which candidates obtain a majority of votes in the Electoral College after the vote on election day.
The winners may not necessarily win the popular vote even though they have won the Electoral College vote.
The President and Vice President are sworn into office at 12 noon on 20th January following the election. This is known as Inauguration Day.
According to the 22nd Amendment to the US Constitution, no President can serve for more than two four-year terms of office.
The President’s Cabinet is advisory to the President and is limited to the Vice President and the heads of 15 executive departments.
The Electoral College
All states, except Nebraska and Maine, allocate their votes on a winner-take-all basis.
Nebraska and Maine allocate 2 votes for the overall winner of the popular vote statewide and one vote for each congressional district.
The calculation of votes for each state is based on the size of their congressional delegation (2 senators per state + the number of House of Representatives seats). Washington, D.C. has 3 votes.
The Electoral College meets on the first Monday after the second Wednesday in December when the electors meet in their state capitals to cast their votes.
The votes from the Electoral College meetings are counted by the President of the Senate on 6 January thereafter.
The result of the counting of these votes is the final result of the presidential election.
