UK political institutions

The United Kingdom is a constitutional monarchy and a parliamentary democracy, which means that
although the Head of State is a monarch, the Parliament, which is elected by the people, is sovereign. In
other words, the basic system is not so different from anywhere else in Europe. Most people believe
that the main difference lies in the fact that the official head of state is a king or queen rather than a
president (as in Italy and Germany), but be it a monarch or president of a republic the head of state has
little real power. The real difference lies in the fact that Britain does not have a proper written
constitution.

Government functions through three bodies:

 Parliament makes laws and examines and challenges the work of the Government.
UK devolution created a national Parliament in Scotland, a national Assembly in Wales and a
national Assembly in Northern Ireland.
Parliament can legislate for Britain as a whole, or for any part of the country. It can also legislate for
the Channel Islands and the Isle of Man, which are Crown dependencies and not part of Britain. They
have local legislatures which make laws on the island affairs.
Britain's legislature is made up of the House of Commons, the House of Lords and the Queen in her
constitutional role. They meet together only on occasions of symbolic importance such as the state
opening of Parliament, when the Commons are summoned by the Queen to the House of Lords. The
agreement of all three elements is normally required for legislation, but that of the Queen is given as
a matter of course to Bills sent to her.

 The Executive enforces laws and plans the nation’s policy.

The Cabinet of the Government is a formal body made up of senior government ministers chosen by
the prime minister.

 The Judiciary decides on cases that arise out of the laws.

The British Parliament is a bicameral parliament, that is to say that it is made up of two chambers, or
two "Houses"; above the two Houses, but in an essentially formal role, there is the Sovereign – king or
queen – also known as "the Crown".

The House of Commons, also known as ‘Commons’ is the most powerful part of Parliament.
Currently, the House of Commons consists of 650 Members of Parliament (MPs) directly elected by
voters in each of Britain's 650 parliamentary constituencies. Of the 650 seats, 533 are for England,
40 for Wales, 59 for Scotland and 18 for Northern Ireland.
A Parliament has a maximum duration of five years, but in practice general elections are usually held
before the end of this term. The maximum life has been prolonged by legislation in rare
circumstances such as the two World Wars.
The main function of the Commons is to pass new laws. MPs usually belong to a political party. The
chief officer of the House of Commons is the Speaker, elected by MPs to preside over the House.
Parliament at Westminster in London can legislate for the UK as a whole and has powers to legislate
for any parts of it separately. However, it will not normally legislate on devolved matters in
Scotland and Northern Ireland without the agreement of the Scottish Parliament and the Northern
Ireland Assembly respectively. The Westminster Parliament still has UK-wide responsibility in a
number of areas including defence, foreign affairs, economic and monetary policy, social security,
employment, and equal opportunities.
MAJOR DEVOLVED POWERS
Scotland Wales Northern Ireland
Agriculture, forestry & fishing Agriculture, forestry & fishing Agriculture
Education Education Education
Environment Environment Environment
Health Health & social welfare Health
Housing Housing Enterprise, trade & investment
Justice, policing & courts * Local government Social services
Local government Fire & rescue services Justice & policing
Fire service Highways & transport
Economic development Economic development
Local transport

* Scotland has always had its own legal system.

In the Channel Islands and the Isle of Man, which are Crown dependencies and not part of the UK,
legislation on domestic matters normally takes the form of laws enacted by Island legislatures.
However, UK laws are sometimes extended to the Islands with their agreement, for example in
matters such as immigration and broadcasting.

The House of Lords is known as the ‘Second Chamber’ or ‘Upper House’.

It is made up of hereditary peers and peeresses (another name for ‘Lords’) and life peers (currently
92) appointed by the Government. Hereditary peers carry a right to sit in the House provided
holders establish their claim and are aged 21 years or over. Peerages, both hereditary and life, are
created by the Sovereign on the advice of the Prime Minister. They are usually granted in recognition
of service in politics or other walks of life.
Other members of the House of Lords are the top judges and some of the bishops of the Church of
England (the Archbishops of Canterbury and York and the most influential Bishops of the Church of
England).
The Upper House, which is presided over by the Lord Chancellor, has had no power over taxation
since 1911 and it can delay the passing of a law for up to one year so that the Commons may amend
it.
The legislative role of the House of Lords is a scrutiny one. The role of the House of Lords in this
capacity is to read and debate bills which have already passed through the House of Commons. If the
Commons have approved them there is a good chance that the bill will eventually become law.
However, legislation, with the exception of money bills, may be initiated in either House.
Increasingly, a larger share of government bills start in the Lords to spread the legislative load more
evenly between the two Houses.
This is how a bill becomes a law or an act:

Parliament controls the executive by passing or rejecting its Bills and by forcing Ministers of the
Crown to answer for their actions, either at "Question Time" or during meetings of the parliamentary
committees. In both cases, Ministers are asked questions by members of their Houses, and are obliged
to answer. Although the House of Lords may scrutinize the executive through Question Time and
through its committees, it cannot bring down the Government. A ministry must always retain the
confidence and support of the House of Commons. Where a Government has lost the confidence of the
House of Commons, the Prime Minister is obliged either to resign, or seek the dissolution of Parliament
and a new general election.
However, in Britain there is no real separation of powers since, for example, the Prime Minister, who is
the leading member of the executive, is an active member of the legislative and can vote in Parliament.
The same can be said of all other members of the Cabinet who have a right to vote as Members of
Parliament. The Lord Chancellor is often a Cabinet minister and therefore a member of the executive.
Parliament can pass, repeal and alter any of Britain’s laws. In theory there is no body that can declare a
law passed by Parliament as unconstitutional – with the only exception of the European Court. This is
where the difference between Italy and Britain begins.

What is a constitution?
A constitution is a set of principles and rules which establishes how a nation must be governed. It
defines the fundamental political principles and establishes the power and duties of each government. It
also states the rights and duties of the people. Constitutions may be codified or uncodified. A codified
constitution is written down in a single document, and is therefore organised into a clear set of
principles and rules (which is the case of the Constitution of Italy).
An uncodified constitution, just like the British Constitution, is unwritten and there is no single
document that can be classed as such. The British Constitution can be found in a variety of documents
or unwritten customs and conventions.

Main differences between codified and uncodified constitutions.

Codified constitution Uncodified constitution
 written down in a single document  unwritten and referring to several sources

 it is organised into a clear set of principles
and rules
 it cannot be checked by any political power
 basic rights of citizens are identified and
guaranteed
 it may be inadequate in case of devolution
 in time, it may not meet the needs of a new
society and lengthy amendments are
required.
 the different sources may contradict each
other
 Parliament can modify it at any time
 the rights of citizens are not clearly determined
and may vary with the passing of time
 it is best suited to devolved powers
 it is flexible and can easily be changed.
The Constitution of Italy is a typical example of codified constitution where all principles and rules are
contained in a single text. States that have codified constitutions normally give them supremacy over
ordinary statute law. In other words, if there is a conflict between a law approved by Parliament and the
codified constitution, the law can be declared unconstitutional. Secondly, an extraordinary procedure is
required for constitutional amendments.
As to the UK Constitution, this set of rules has never been formally codified, therefore it is very flexible
and can be modified at any time by an act of Parliament, or by the people's acceptance of new usages.
Therefore, it can be easily adapted to new political situations.

The British Constitution draws from different sources.

The Magna Carta, or Great Charter (1215), is regarded as the first constitutional document of British
history. The feudal barons forced King John Lackland to sign a charter to protect the rights of the
community against the Crown. The Charter established the important principle that the King is not
above the law.
Other important historical documents are the Bill of Rights (1689), which extended the powers of
Parliament, and the Reform Act (1832), which reformed the system of parliamentary representation.

Court judgements or ‘case law’

Until the 17th century, laws were based largely on the decisions made by judges. Even today they
remain an important source of law. As a result, a decision by a judge in a case is binding (‘precedent’).
Example: Starting from 1996, court judgements on bullying set a precedent that assault can be
psychological as well as physical.

Established conventions & practices

A convention is an accepted way in which things are done; they are old, unwritten established practices
that have no legal status.
Examples of conventions:
- Starting from 1996, court judgements on bullying setting a precedent that assault can be psychological
as well as physical.
- It is accepted that a minister will resign if he loses the confidence of the House of Commons.
- It is a convention that the Queen will accept the legislation passed by Parliament.
International treaties and agreements
These include treaties and agreements with international organizations such as NATO (North Atlantic
Treaty Organisation), UNO (United Nations Organization) and the European Union. To date, the
European Council has passed laws which Britain has to implement (such as recent environmental
legislation). However, Brexit will soon change all this.

Functions of the sovereign in UK constitutional monarchy

Although the Sovereign no longer has a political or executive role, he or she continues to play an
important part in the life of the nation.
The Sovereign, Queen Elizabeth II, is Head of State, of the Armed Forces and of the Church of England.
The monarch is politically neutral, that is to say that she has to accept any party that is elected as
government party. The Monarch has a less formal role as 'Head of Nation'. She acts as a focus for
national identity, unity and pride, and gives a sense of stability and continuity.
As Head of State, the Sovereign is entitled to some privileges. The most important one is The Royal
Prerogative, a privilege that assures her some rights:
- the Prime Minister cannot start working as Prime Minister before he/she has been officially
appointed by the Queen; the same happens with the other ministers;
- the Queen has the right to be consulted about government policy, she regularly meets the Prime
Minister and gives her opinion which, however, does not influence the Government’s choices;
- she opens Parliament and gives the Queen’s Speech, which sets out the government policy;
- the Queen gives the Royal Assent to laws – which means that, to become effective, laws must be
signed by the Queen who, as we said before, will not refuse or ask to revise any of the bills passed
through both Houses of Parliament.
To sum up, the monarch can only encourage and warn the Government, but she cannot play any active
role in it.