Chapter 5 – Section 2 : The British constitution



A constitution is a set of principles by which a country is governed. It includes all of the institutions that are responsible for running the country and how their power is kept in check. The constitution also includes laws and conventions. The British constitution is not written down in any single document, and therefore it is described as ‘unwritten’. This is mainly because the UK, unlike America or France, has never had a revolution which led permanently to a totally new system of government. Our most important institutions have developed over hundreds of years. Some people believe that there should be a single document, but others believe an unwritten constitution allows for more flexibility and better government.

Constitutional institutions

In the UK, there are several different parts of government. The main ones are:

·         the monarchy

·         Parliament (the House of Commons and the House of Lords)

·         the Prime Minister

·         the cabinet

·         the judiciary (courts)

·         the police

·         the civil service

·         local government.

In addition, there are devolved governments in Scotland, Wales and Northern Ireland that have the power to legislate on certain issues.

The monarchy

Queen Elizabeth Il is the head of state of the UK. She is also the monarch or head of state for many countries in the Commonwealth. The UK has a constitutional monarchy. This means that the king or queen does not rule the country but appoints the government, which the people have chosen in a democratic election. The monarch invites the leader of the party with the largest number of MPs, or the leader of a coalition between more than one party, to become the Prime Minister. The monarch has regular meetings with the Prime Minister and can advise, warn and encourage, but the decisions on government policies are made by the Prime Minister and cabinet (see the section on ‘The government’).

The Queen has reigned since her father’s death in 1952, and in 2012 she celebrated her Diamond Jubilee (60 years as queen). She is married to Prince Philip, the Duke of Edinburgh. Her eldest son, Prince Charles (the Prince of Wales), is the heir to the throne.

The Queen has important ceremonial roles, such as the opening of the new parliamentary session each year. On this occasion the Queen makes a speech which summarises the government’s policies for the year ahead. All Acts of Parliament are made in her name.

The Queen represents the UK to the rest of the world. She receives foreign ambassadors and high commissioners, entertains visiting heads of state, and makes state visits overseas in support of diplomatic and economic relationships with other countries.

The Queen has an important role in providing stability and continuity. While governments and Prime Ministers change regularly, the Queen continues as head of state. She provides a focus for national identity and pride, which was demonstrated through the celebrations of her Jubilee.

The National Anthem

The National Anthem of the UK is ‘God Save the Queen’. It is played at important national occasions and at events attended by the Queen or the Royal Family. The first verse is:

‘God save our gracious Queen!Long live our noble Queen!God save the Queen!Send her victorious,Happy and glorious,Long to reign over us,God save the Queen!’

New citizens swear or affirm loyalty to the Queen as part of the citizenship ceremony.

Oath of allegiance

I (name) swear by Almighty God that on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her Heirs and Successors, according to law.

Affirmation of allegiance

I (name) do solemnly, sincerely and truly declare and affirm that on becoming a British citizen, I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her Heirs and Successors, according to law.

System of government

The system of government in the UK is a parliamentary democracy. The UK is divided into parliamentary constituencies. Voters in each constituency elect their member of Parliament (MP) in a General Election. All of the elected MPs form the House of Commons. Most MPs belong to a political party, and the party with the majority of MPs forms the government, If one party does not get a majority, two parties can join together to form a coalition.

The House of Commons

The House of Commons is regarded as the more important of the two chambers in Parliament because its members are democratically elected. The Prime Minister and almost all the members of the cabinet are members of the House of Commons (MPs). Each MP represents a parliamentary constituency, which is a small area of the country. MPs have a number of different responsibilities. They:

·         represent everyone in their constituency

·         help to create new laws

·         scrutinise and comment on what the government is doing

·         debate important national issues.

The House of Lords

Members of the House of Lords, known as peers, are not elected by the people and do not represent a constituency. The role and membership of the House of Lords has changed over the last 50 years.

Until 1958, all peers were:

·         ‘hereditary’, which means they inherited their title, or

·         senior judges, or

·         bishops of the Church of England.

Since 1958, the Prime Minister has had the power to nominate peers just for their own lifetime. These are called life peers. They have usually had an important career in politics, business, law or another profession. Life peers are appointed by the monarch on the advice of the Prime Minister. They also include people nominated by the leaders of the other main political parties or by an independent Appointments Commission for non-party peers.

Since 1999, hereditary peers have lost the automatic right to attend the House of Lords. They now elect a few of their number to represent them in the House of Lords.

The House of Lords is normally more independent of the government than the House of Commons. It can suggest amendments or propose new laws, which are then discussed by MPs. The House of Lords checks laws that have been passed by the House of Commons to ensure they are fit for purpose. It also holds the government to account to make sure that it is working in the best interests of the people. There are peers who are specialists in particular areas, and their knowledge is useful in making and checking laws. The House of Commons has powers to overrule the House of Lords, but these are not used often.

The Speaker

Debates in the House of Commons are chaired by the Speaker. This person is the chief officer of the House of Commons. The Speaker is neutral and does not represent a political party, even though he or she is an MP, represents a constituency and deals with constituents’ problems like any other MP. The Speaker is chosen by other MPs in a secret ballot.
The Speaker keeps order during political debates to make sure the rules are followed. This includes making sure the opposition (see the section on ‘The government’) has a guaranteed amount of time to debate issues which it chooses. The Speaker also represents Parliament on ceremonial occasions.

Elections

UK elections

MPs are elected at a General Election, which is held at least every five years.

If an MP dies or resigns, there will be a fresh election, called a by election, in his or her constituency.

MPs are elected through a system called ‘first past the post’. In each constituency, the candidate who gets the most votes is elected. The government is usually formed by the party that wins the majority of constituencies. If no party wins a majority, two parties may join together to form a coalition.

European parliamentary elections

Elections for the European Parliament are also held every five years. Elected members are called members of the European Parliament (MEPs). Elections to the European Parliament use a system of proportional representation, where seats are allocated to each party in proportion to the total number of votes it has won.

Contacting elected members

All elected members have a duty to serve and represent their constituents. You can get contact details for all your representatives and their parties from your local library and from www.parliament.uk. MPs, Assembly members, members of the Scottish Parliament (MSPs) and MEPs are also listed in The Phone Book, published by BT, and in Yellow Pages.

You can contact MPs by letter or telephone at their constituency office, or at their office in the House of Commons: The House of Commons, Westminster, London SW1A OAA, telephone 020 7729 3000. In addition, many MPs, Assembly members, MSPs and MEPs hold regular local ‘surgeries’, where constituents can go in person to talk about issues that are of concern to them. These surgeries are often advertised in the local newspaper.

Check that you understand

·         How democracy has developed in the UK

·         What a constitution is and how the UK’s constitution is different from those of most other countries

·         The role of the monarch

·         The role of the House of Commons and House of Lords

·         What the Speaker does

·         How the UK elects MPs and MEPs

One Response to “Chapter 5 – Section 2 : The British constitution”

  1. Christopher Andrews says:

    The Supremacy of Parliament may now no longer be as we once knew it since the Advent of the European Parliament. Although some courts are acte claire and others acte e claire, it is presumed that Supremacy of UK Parliament is now limited to making laws which conform to the Union. The Courts will declare incompatible any law made by Parliament which does not conform to EEC Law.

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