UK-4-British-Political-System

1、Chapter 4Chapter 4 British Political System 1.Monarchy 2.Parliament 3.Government 4.Cabinet 5.Political Parties 6.General Election Constitutional Monarchy The King or Queen is the personification of the State. The Constitution vBritain doesnt have a constitution written down in a single document. The

2、 constitution flows from(出自，来自出自，来自)6 sources: 1) The Royal Prerogatives 皇家特权皇家特权 2) Statute Laws 成文法成文法 3) Common Laws 普通法普通法, 判例法判例法 4) Conventions 习惯法习惯法 5) Authoritative Opinions 权威意见权威意见 6) European Union Laws 欧盟法欧盟法 vIsrael and Britain are the only two countries without written constitutions.

3、v英国宪法不是一个具体的法律文本，但实际上其大部分内容英国宪法不是一个具体的法律文本，但实际上其大部分内容 还是以成文法的形式出现的，包括由议会通过的法例、法院还是以成文法的形式出现的，包括由议会通过的法例、法院 的判例和国际公约等等。除此之外，英国宪法的法律渊源还的判例和国际公约等等。除此之外，英国宪法的法律渊源还 包括英国议会惯例和国王特权。包括英国议会惯例和国王特权。 Basic Structure of UK Central Government Monarch Legislature - Parliament Executive Judiciary House of Commons

4、House of Lords Prime Minister Scrutinize (审查) government policy Hear appeals (上诉) in the highest Court of Appeal in Britain; Debate the major issues of the day. vParliament consists of 3 constituent parts: Crown (Official Head) House of Lords (the Upper House) House of Commons (the Lower House) vWha

5、ts the meaning of “parliament”? (A place for argument and debate) vWhich part is the most dominant one in the parliament? vWhen was the parliamentary system instituted in Britain? (in the 13th century) The English parliament developed out of the Kings council of the 13th century. The House of Lords

6、is the oldest part of Parliament. In the 14th century, parliament was formally divided into 2 parts: Lords and Commons. Until the 17th century, parliament was ruled by the King. The Glorious Revolution in 1688 marked the decisive shift in power from monarchy to Parliament. Since 1832, the year of th

7、e first Reform Act, the House of Commons has become more important. Palace of Westminster (Houses of Parliament) vHouse of LordsvHouse of Commons Red Chamber 红厅 Green Chamber 绿厅 The Monarch - Official Head of Parliament vThe life of parliament is divided into periods called “sessions” (会期) (A sessio

8、n lasts for 1 year). vThe beginning of a new session, called the “State Opening of Parliament” (议会开幕典礼) , takes place in the House of Lords. vIts a tradition for the monarch to open Parliament in person. vOn the day, the Queen travels from Buckingham Palace to Parliament in the State Coach (典礼马车, a

9、golden carriage). vOnce the Queen arrives at Parliament, the Union Flag is lowered and replaced by the Royal Standard. Golden State Coach The Union Flag a.k.a.（亦称） The Union Jack The Royal Standard From Buckingham to Westminster vThe queen then takes her place on the throne in the House of Lords, fr

10、om where she sends her messenger Black Rod (黑杖黑杖 礼仪官礼仪官) to summon the MPs. vWhen the Black Rod arrives at the Lower House, the door is slammed in his face, symbolizing the independence and dominance of the House of Commons. vHe must then knock 3 times to gain entry and deliver his summons. vThen th

11、e leading MPs follow the Black Rod to the Upper House, standing crowded at the end of the chamber opposite to the throne. The Throne in the Upper House Black Rod (黑杖礼仪官黑杖礼仪官) Knock 3 times Come to the Upper House (Throne) vThe Queen will then read out the Queens Speech, a document about 1,000 words

12、in length prepared by the government. vWhat is the speech about? In the document the government outlines its planned programmes and the policies it intends to follow. vWhen the one-week debates on the Queens speech are finished, Parliament is ready to begin the actual work of the new session. The Qu

13、eens Speech The House of Lords vIt exercises the supreme judicial power. vIt has over 1000 non-elected members: 1. Lords Spiritual (神职议员): 2 archbishops (大主教) and 24 diocesan bishops (辖区主教). Their eligibility (资格) to sit ends on retirement. 2. Law Lords (司法议员): 12 Chief Judges 3. Hereditary Peers (世

14、袭贵族): Duke, Marquis, Earl, Viscount, Baron (royal descendants) 4. Life Peers (当世贵族/一代贵族): The life peer is given a title by the Crown during his/her lifetime, in honor of his or her professional achievements. The title is NOT hereditary. vTheoretically the two Houses are equally important. But the U

15、pper House does NOT exercise the dominant constitutional influence (上院不具有主导法律影响力、不掌控立法权). vIt has NO power to prevent the passing of legislation or bills approved by the House of Commons. The lords can only delay a bill for up to 1 year. vThe work of Lords is largely complementary to that of the Com

16、mons: hold debates, put questions to ministers, examine and revise bills. vThe peers get no parliamentary salary, but they enjoy a small allowance for each day of attendance. vBeing a lord brings no personal authority over others. vMany Lords arent enthusiastic about politics and the average daily a

17、ttendance is quite low. (Their average age is 63.) vThe Government can partly control the Lords by creating new peers. v大法官 (Lord Chancellor) The House of Commons vThe most powerful and important element in UK. vThree main functions: 1) Make laws; 2) Control and criticize the executive government; 3

18、) Control the raising and spending of money. The Prime Minister vLeader of his party in the House of Commons vHead of the government vChief spokesman for the government vHe has the right to select his cabinet, hand out departmental positions, decide the agenda for cabinet meetings which he also chai

19、rs. vHe directs and controls policy for the government. vHe keeps the Queen informed of government decisions. (weekly meeting with the Queen) vHe exercises wide powers of patronage (任命 权) v expose its weak points; v suggest amendments; v draw attention to other matters the Government might otherwise

20、 ignore. 10 Downing Street The Civil Service 公务员 vThe civil servants are politically neutral. vThey are paid with public money. vThey are career officials serving the elected political government of the day. They themselves arent elected. Theyre officials who remain in office despite changes in gove

21、rnment. vThey are well-educated elite, dominated by Oxbridge (75%). vTo enter at the higher levels of the civil service you have to pass a rigorous civil service exam. Local Government 3 layers: county councils (郡议会) district councils (区议会) community or parish councils (社区或教区议会) vCounty councilors m

22、ake important decisions on local issues that affect peoples everyday lives, such as education, social care, transport, the environment and future developments. vDistrict councilors work to improve the quality of life for people in their wards (区) and make decisions about local issues. vParish town o

23、r community Councils have limited powers. They can provide certain facilities such as recreational facilities, public conveniences and cemeteries. The Devolution (地方分权权力下放) vDevolution is where power is transferred from a superior governmental body (such as central power) to an inferior one (such as

24、 at regional level). vSince Tony Blairs constitutional reforms at the end of the 20th century, more power has been devolved from Westminster to Scotland, Wales and Northern Ireland. The Scottish Parliament - 1998 The Welsh Assembly - 1998 The Northern Ireland Assembly - 1998 vDevolution essentially

25、involves the setting up of an elected regional assembly whose powers are carefully and clearly defined by national government. vThese powers dont usually include major financial powers such as tax collection, the raising of taxes etc, the control of the armed forces or an input into foreign policy d

26、ecisions. vThe devolution is mainly financial, e.g. giving areas a budget which was formerly administered by central government. Judiciary vJudiciary is headed by Lord Chancellor, a leading Law Lord appointed by the Prime Minister. vHouse of Lords is the highest court which will be replaced by the S

27、upreme Court and there wont be Lord Chancellor in the near future, and all this is part of the Constitutional Reform promised by Labour government. The Court System Civil Branch Criminal Branch County Court Magistrates Court 仲裁法庭 Crown Court 刑事法庭 High Court Court of Appeal Court of Appeal 上诉法庭 House

28、 of Lords English Judges Political Parties vthe Labour Party - in opposition vthe Conservative Party - in power vthe Liberal Democrats The Labour Party - party of underprivileged - party of reformists - aims at nationalization of big enterprises - more democratic and looser in organization Conservat

29、ive Party - developed from the Tory Party in 1830s - party of rich and privileged - opposed to nationalization - favor monopoly (垄断) capitalists The Liberal Democratic Party (自由民主党) - mixed economy with state-owned & private- owned enterprises - opposes isolationism (孤立主义政策) - Advocates policies bas

30、ed on freedom of the individual and support for the adoption of Propositional Representation (比例代表制) at elections UK now is adopting the winner-take-all system. General Election - every 5 years - any citizen over 18 years old vThere are 635 constituencies, each of which returns one MP. v650 elected MPs will make up the House of Commons. vThe leader of the party that wins the majority of seats in the House of Commons will become the PM and form a new Cabinet. Why did Labour win 1997 Election? vInternal reforms, e.g., some reduction i