WEEK 1: THE BRITISH CONSTITUTION AND THE MONARCHY

Reading:Norton CH 3

Guiding Questions

What makes the British constitution unique?

What are the sources of the British constitution?

What are the pillars of the British constitution?

What role does the monarchy play in British politics?

The British Constitution

Constitutions communicate the fundamental relationships between political institutions within political society. i.e. separation of powers;

checks and balances, etc. Also lays out the relationship

between the government and the governed.

British constitution “unwritten” Does not exist as a single

document. Unique amongst liberal

democracies in this regard Content of the constitution

has been a subject of debate.

The Sources of the Constitution Legal and non-legal sources

for the British constitution. Legal:

Magna Carta, laws of Parliament, EU law, human rights law, and case law.

Non-legal: conventions, customs of

Parliament, and scholarly works (e.g. Bagehot’s English Constitution).

Parliamentary law and EU law are the most significant sources of the British constitution.

The British Constitution

Several groups argue in favor of codifying the constitution in written form.

Governments have been reluctant to do so arguing that:

1) Not apparent that an unwritten constitution has made it difficult to govern democratically

2) A written constitution would constrain the ability of government’s to govern.

The Five Pillars of the British Constitution Five aspects of the

British constitution are critical for our understanding of British politics.

1) Constitutional monarchy

2) Parliamentary sovereignty

3) Cabinet government

4) British judiciary 5) Unitary system

The British Constitution: Monarchy The UK is a constitutional

monarchy. Executive authority is divided

between the head of state (monarch) and the head of government (prime minister).

Rise in prominence of parliament vis-à-vis the monarchy (or the decline of absolutism) linked to the seating of William and Mary.

Monarch performs the “dignified” rather than the “efficient” executive functions.

The current monarch: Queen Elizabeth II Reigned since 1952.

Succession

Line of succession runs through the male line first; female line second. Elizabeth II is the oldest daughter in a family with no male heir. Edward VIII’s abdication placed her father George VII on the

throne. The monarch cannot 1) be a Roman Catholic or 2) marry a Roman

Catholic. Private members bills have been authored to remove prohibitions on

marrying a Roman Catholic and ending male primogeniture. Proposals would still require the monarch to identify with

Anglicanism. Concern that all states accepting Elizabeth II as monarch

(Commonwealth realm states) would have to accept any changes made to succession has frustrated movement on these issues.

No real movement likely until a government party takes it up

Functions of the Monarchy

Custom and convention shape the monarch’s role within the system.

Monarch maintains prerogative powers.

1) Appoints the prime minister Although this authority is

limited. 2) Advises the prime

minister Described by Bagehot as

“the right to be consulted, the right to encourage, the right to warn”

Functions of the Monarchy

3) All bills require Royal Assent in order to become law. In reality, assent is usually a formality.

4) Dissolves Parliament. But this is done at the request of the prime

minister. Taken together, these functions and the

conventions surrounding them have circumscribed monarchical authority.

But they do, however, legitimize the monarch as the neutral embodiment of the state.

5) Serves as the Supreme Governor of the Church of England. Primarily symbolic; formally appoints bishops after

consultation with the Prime Minister.

Conclusions

Depoliticizing the monarchy boosts the monarch’s role as head of state. Neutrality and non-partisan nature seen as a

sign of strength. While the monarchy provides important

symbolic functions, Parliament is essentially the guarantor of the constitution.

Parliament controls the amendment process; a written constitution might limit the ability of government’s to change laws, etc.

The judiciary does not have judicial review; they rule on the scope and intent of bills not on their constitutionality.

Next Unit

Theme: The British Constitution and Parliamentary Sovereignty

Readings: Norton CH 8 and 9