Professional Documents
Culture Documents
EXPLORING THE UK
GOVERNMENT
GROUP 6 :
Le Kim Ngoc Nhi (19CNA08)
Phan Le Minh Thu (19CNA08)
Nguyen Thi Minh Thu (19CNA08)
Le Thi Thanh Xuan (19CNA08)
Le Thi Thao Yen (19CNA08)
Class: VHM-03
II.1. DEFINITIONS
II.1.1. Civil Law: the part of the legal system that deals with personal matters, such
as people’s relationship, marriage, property, and business agreements rather than with
criminal activity. (Cambridge Dictionary)
II.1.2. Common Law: the part of the law that has been developed from customs and
from decisions made by judges, not created by Parliament. (Oxford Learner’s
Dictionaries)
II.1.3. Commonwealth: an organization consisting of the United Kingdom and other
countries, including most of the countries that used to be part of the British Empire.
(Oxford Learner’s Dictionaries)
II.1.4. Conventions: a usual or accepted way of behaving, especially in social
situations, often following an old way of thinking or a custom in one particular society.
(Cambridge Dictionary)
II.1.5. Magna Carta: a document signed in 1215 by King John of England that gave
certain political and legal rights to some English people. It is often seen as the start of the
legal system and the rule of law in England. (Cambridge Dictionary)
II.1.6. The Crown: the government of a country, thought of as being represented by a
king or queen. (Oxford Learner’s Dictionaries)
II.1.7. Statue Law: a system of laws that have been decided and approved by a
parliament. (Cambridge Dictionary)
II.1.8. Prorogation: (pronounced 'pro-ro-ga-tion') marks the end of a parliamentary
session. It is the formal name given to the period between the end of a session of
Parliament and the State Opening of Parliament that begins the next session. The
parliamentary session may also be prorogued before Parliament is dissolved.
(https://www.parliament.uk/about/how/occasions/prorogation/)
II.2. HER MAJESTY’S GOVERNMENT
II.2.1. History
The United Kingdom is a Constitutional Monarchy in which the reigning monarch
(that is, the king or queen who is the head of state at any given time) does not make any
open political decisions. All political decisions are taken by the government and
Parliament. This constitutional state of affairs is the result of a long history of constraining
and reducing the political power of the monarch, beginning with Magna Carta in 1215.
In the British Empire, the term His (or Her) Majesty's Government was originally only
used in reference to the Imperial government in London. As the Empire developed,
and responsible government was granted to more provinces and entities within the Empire,
some disambiguation of the term became necessary. In particular, the rise
of Dominion status for various Imperial entities demanded phrasing that would reflect
differences in the Crown’s operation in different domains. It came to be described as "the
Crown in right of Canada", for example.
Alongside this evolving constitutional picture, the practical interests of the various
different entities within the Empire were sometimes out of alignment, and it became
necessary to particularise the actions of specific entities through their executives. For
instance, at the time of the 1893 Bering Sea dispute between Canada and the United
States, the interests of Canada and the United Kingdom were opposed but the United
Kingdom government handled Canadian foreign relations. The need became obvious with
the Statute of Westminster 1931, which effectively made the Dominions equal constituent
countries with the United Kingdom in the imperial project, and unavoidable with the
transition of the Empire into the Commonwealth of Nations.
Accordingly the form His Majesty's
Government began to be used by the
United Kingdom and Dominion
governments, from the 1920s and 1930s
onward, to differentiate between
independent entities, such as His
Majesty's Government in the Irish Free
State. Colonial, state, and provincial
governments, on the other hand, continued
to use the lesser title Government of
region/ territory, and eventually the phrase
used in the former Dominions altered
to mirror that of the UK, becoming, for
example, Her Majesty's Australian
Government.
Royal coat of arms of the United Kingdom (HM Government)
II.2.2. Powers
The British monarch, currently Elizabeth II, is the head of state and the sovereign, but
not the head of government. The monarch takes little direct part in governing the country
and remains neutral in political affairs. However, the authority of the state that is vested in
the sovereign, known as the Crown, remains as the source of executive power exercised
by the government.
In addition to explicit statutory authority, the Crown also possesses a body of powers in
certain matters collectively known as the royal prerogative. These powers range from the
authority to issue or withdraw passports to declarations of war. By long-standing
convention, most of these powers are delegated from the sovereign to various ministers or
other officers of the Crown, who may use them without having to obtain the consent of
Parliament.
The prime minister also has weekly meetings with the monarch, who "has a right and a
duty to express her views on Government matters...These meetings, as with all
communications between The Queen and her Government, remain strictly confidential.
Having expressed her views, The Queen abides by the advice of her ministers."
Royal prerogative powers include, but are not limited to, the following: domestic
powers and foreign powers.
II.2.2.1. Domestic powers
The power to appoint (and in theory, dismiss) a prime minister. This power is
exercised by the monarch personally. By convention they appoint (and are expected
to appoint) the individual most likely to be capable of commanding the confidence
of a majority in the House of Commons.
The power to appoint and dismiss other ministers. This power is exercised by the
monarch on the advice of the prime minister.
The power to assent to and enact laws by giving royal assent to bills passed
Parliament, which is required in order for a law to become effective (an act). This is
exercised by the monarch, who also theoretically has the power to refuse assent,
although no monarch has refused assent to a bill passed by Parliament since Queen
Anne in 1708.
The power to give and to issue commissions to commissioned officers in the
Armed Forces.
The power to command the Armed Forces. This power is exercised by the Defence
Council in the Queen's name.
The power to appoint members to the Privy Council.
The power to issue, to suspend, cancel, recall, impound, withdraw or revoke British
passports and the general power to provide or deny British passport facilities to
British citizens and British nationals. This is exercised in the United Kingdom (but
not necessarily in the Isle of Man, Channel Islands or British Overseas Territories)
by the Home Secretary.
The power to pardon any conviction (the royal prerogative of mercy).
The power to grant, cancel and annul any honours.
The power to create corporations (including the status of being a city, with its own
corporation) by royal charter, and to amend, replace and revoke existing charters.
II.2.2.2. Foreign powers
The power to make and ratify treaties.
The power to declare war and conclude peace with other nations.
The power to deploy the Armed Forces overseas.
The power to recognise states.
The power to credit and receive diplomats.
Even though the United Kingdom has no single constitutional document, the government
published the above list in October 2003 to increase transparency, as some of the powers
exercised in the name of the monarch are part of the royal prerogative. However, the
complete extent of the royal prerogative powers has never been fully set out, as many of
them originated in ancient custom and the period of absolute monarchy, or were modified
by later constitutional practice.
II.2.2.3. Limits Of Government Power
The government's powers include general executive and statutory powers, delegated
legislation, and numerous powers of appointment and patronage. However, some powerful
officials and bodies, (e.g. HM judges, local authorities, and the charity commissions) are
legally more or less independent of the government, and government powers are legally
limited to those retained by the Crown under common law or granted and limited by act of
Parliament. Both substantive and procedural limitations are enforceable in the courts by
judicial review.
Nevertheless, magistrates and mayors can still be arrested for and put on trial for
corruption, and the government has powers to insert commissioners into a local authority
to oversee its work, and to issue directives that must be obeyed by the local authority, if
the local authority is not abiding by its statutory obligations.
By contrast, as in European Union (EU) member states, EU officials cannot be
prosecuted for any actions carried out in pursuit of their official duties, and foreign
country diplomats (though not their employees) and foreign members of the European
Parliament are immune from prosecution in EU states under any circumstance. As a
consequence, neither EU bodies nor diplomats have to pay taxes, since it would not be
possible to prosecute them for tax evasion. When the UK was a member of the EU, this
caused a dispute when the US ambassador to the UK claimed that London's congestion
charge was a tax, and not a charge (despite the name), and therefore he did not have to pay
it – a claim the Greater London Authority disputed.
Similarly, the monarch is totally immune from criminal prosecution and may only be
sued with her permission (this is known as sovereign immunity). The monarch, by law, is
not required to pay income tax, but Queen Elizabeth II has voluntarily paid it since 1993,
and also pays local rates voluntarily. However, the monarchy also receives a substantial
grant from the government, the Sovereign Support Grant, and Queen Elizabeth II's
inheritance from her mother, Queen Elizabeth - The Queen Mother, was exempt from
inheritance tax.
In addition to legislative powers, HM Government has substantial influence over local
authorities and other bodies set up by it, by financial powers and grants. Many functions
carried out by local authorities, such as paying out housing benefit and council tax benefit,
are funded or substantially part-funded by central government.
Neither the central government nor local authorities are permitted to sue anyone for
defamation. Individual politicians are allowed to sue people for defamation in a personal
capacity and without using government funds, but this is relatively rare (although George
Galloway, who was a backbench MP for a quarter of a century, has sued or threatened to
sue for defamation a number of times). However, it is a criminal offence to make a false
statement about any election candidate during an election, with the purpose of reducing
the number of votes they receive (as with libel, opinions do not count).
II.2.3. Ministers And Departments
II.2.3.1. The Cabinet
The Cabinet of the United Kingdom is the senior decision-making body of the
Government of the United Kingdom.[1] A committee of the Privy Council, it is chaired by
the Prime Minister and its members include Secretaries of State and other senior ministers.
The Ministerial Code says that the business of the Cabinet (and cabinet committees) is
mainly: questions of major issues of policy, questions of critical importance to the public
and questions on which there is an unresolved argument between departments.
II.2.3.1.1. Composition
The Prime Minister decides the membership and attendees of the Cabinet.
The total number of Cabinet ministers who are entitled to a salary is capped at 21, plus
the Lord Chancellor, who is paid separately. Some ministers may be designated as also
attending Cabinet, like the Attorney General, as "...it has been considered more
appropriate, in recent times at any rate, that the independence and detachment of his office
should not be blurred by his inclusion in a political body – that is to say the Cabinet –
which may have to make policy decisions upon the basis of the legal advice the law
officers have given."
The Cabinet is a committee of the Privy Council (though this interpretation has been
challenged) and, as such, all Cabinet ministers must be privy counsellors.
The Cabinet is now made up almost entirely of members of the House of Commons,
with the Peel convention dicating that ministers may only be recruited from the House of
Commons or the House of Lords (though this convention has been broken in the past, the
case of Patrick Gordon Walker perhaps being the most notable exception). Sometimes,
when a minister from neither House is appointed, they have been granted a customary
peerage.
Civil servants from the Cabinet Secretariat and special advisors (on the approval of the
Prime Minister) can also attend Cabinet meetings, but neither take part in discussions.
It has been suggested that the modern Cabinet is too large, including by former Cabinet
Secretary Mark Sedwill and scholars Robert Hazell and Rodney Brazier. Robert Hazell
has suggested merging the offices of Secretary of State for Northern Ireland, Scotland and
Wales into one Secretary of State for the Union, in a department into which Rodney
Brazier has suggested adding a Minister of State for England with responsibility for
English local government.
II.2.3.1.2. Meeting Of The Cabinet
Most cabinet meetings take place in the Cabinet Room of 10 Downing Street; however,
they have been known to take place in other places. The Prime Minister chairs meetings of
the Cabinet and appoints its members, normally about 20.
The Cabinet usually meets weekly, normally on a Thursday morning. Despite the
custom of meeting on a Thursday, after the appointment of Gordon Brown, the meeting
day was switched to Tuesday. However, when David Cameron became prime minister, he
held his cabinet meetings on Thursdays again. Upon Theresa May's ascension, she
switched the cabinet meetings back to Tuesday. It meets in private and its business is
confidential, although after 30 years Cabinet papers usually become available for
inspection in National Archives.
The length of meetings varies according to the style of the prime minister and political
conditions, but modern meetings can be as short as 30 minutes. Ministers are bound by the
constitutional convention of collective ministerial responsibility.
II.2.3.1.3. Importance
Much of the work of the Cabinet is delegated to Cabinet committees. They provide a
framework for collective consideration of, and decisions on, major policy issues and
matters of significant public interest, and ensure that the views of all relevant ministers are
considered. Some of the committees have subcommittees, which focus on a narrower
range of issues, Cabinet committees include those dealing with defence and overseas
policy; economic affairs, productivity and public services and public expenditure; the
environment; and constitutional policy.
Cabinet ministers, like all ministers, are appointed and may be dismissed by the
monarch without notice or reason, on the advice of the prime minister. The allocation and
transfer of responsibilities between ministers and departments is also generally at the
prime minister's discretion. The Cabinet has always been led by the prime minister, whose
originally unpaid office as such was traditionally described as merely primus inter pares
(first among equals), but today the prime minister is the preeminent head of government,
with the effective power to appoint and dismiss Cabinet ministers and to control the
Cabinet's agenda. The extent to which the Government is collegial varies with political
conditions and individual personalities.
The Cabinet is the ultimate decision-making body of the executive within the
Westminster system of government in traditional constitutional theory. This interpretation
was originally put across in the work of 19th century constitutionalists such as Walter
Bagehot, who described the Cabinet as the "efficient secret" of the British political system
in his book The English Constitution. The political and decision-making authority of the
cabinet has been gradually reduced over the last several decades, with some claiming its
role has been usurped by a "prime ministerial" government. In the modern political era,
the prime minister releases information concerning the ministerial ranking in the form of a
list detailing the seniority of all Cabinet ministers.
II.2.3.2. Ministerial Offices And Departments
As of 2019, there are around 120 government ministers supported by 560,000 civil
servants and other staff working in the 25 ministerial departments and their executive
agencies. There are also an additional 20 non-ministerial departments with a range of
further responsibilities.
II.2.3.2.1. Ministerial Departments
II.2.3.2.1.1. The Office Of The Deputy Prime Minister
Deputy Prime Minister of the United Kingdom (DPM) is an office sometimes held by a
minister in the Government of the United Kingdom.
The office is not always in use and Prime Ministers may use other offices, such as First
Secretary of State, to give seniority to a particular cabinet minister. Indeed, the office is
currently not in use and Dominic Raab is the present First Secretary.
The office of Deputy Prime Minister carries no salary and its holder has no right to
automatic succession.
One classical argument made against appointing a minister to the office is that it might
restrict the monarch's royal prerogative to choose a Prime Minister. However, Rodney
Brazier has more recently written that there is a strong constitutional case for every Prime
Minister to appoint a Deputy Prime Minister, to ensure an effective temporary transfer of
power in most circumstances. Similarly, Vernon Bogdanor has said that that argument
holds little weight in the modern context, since the monarch no longer has any real
discretion, and that, even in the past, a person acting as Deputy Prime Minister had no real
advantage to being appointed Prime Minister by the monarch (though this might be
different within political parties in relation to their respective leaderships). Like Brazier,
he also says that there is a good constitutional case for recognising the office; for in the
case of the death or incapacity of the incumbent Prime Minister.
Brazier has written that there are three reasons why a Deputy Prime Minister has been
appointed: to set out the line of succession to the premiership preferred by the Prime
Minister, to promote the efficient discharge of government business and (in the case of
Labour governments) to accord recognition to the status of the deputy leader of the Labour
party.
When the office has been in use in the past, the Deputy Prime Minister has deputised
for the Prime Minister at Prime Minister’s Questions.
There is no set of offices permanently ready to house the Deputy Prime Minister. The
most recent Deputy Prime Minister, Nick Clegg, maintained an office at the Cabinet
Office headquarters, 70 Whitehall, which is linked to 10 Downing Street. Clegg's
predecessor, Prescott, maintained his main office at 26 Whitehall. 10 Downing Street is
the official residence and the office of the British Prime Minister. The office helps the
Prime Minister to establish and deliver the government's overall strategy and policy
priorities, and to communicate the government's policies to Parliament, the public and
international audiences.
The Prime Minister will also give them the use of a grace and favour country house. While
in office, Nick Clegg resided at his private residence in Putney and he shared Chevening
House with First Secretary William Hague as a weekend residence. Clegg's predecessor,
John Prescott, used Dorneywood.
II.2.3.2.1.2. Cabinet Office
The Cabinet Office has a primary responsibility to support the work of the Prime
Minister and ensure the effective running of government. Within this set-up, the Minister
for the Cabinet Office has been seen to have varying responsibilities and stature in the
government. The role is a flexible one and has variously been described as one or several
of the following under different office-holders (and sometimes conflicting accounts of the
status of the same office holder): monitoring the co-ordination of the work of government
departments, chairing or sitting on several Cabinet Committees, an additional title to
indicate special responsibility, an additional title to indicate seniority.
The government describes the minister for the Cabinet Office as being "in overall
charge of and responsible for the policy and work of the department, and attends Cabinet".
II.2.3.2.1.3. HM Treasury
HM Treasury is the government’s economic and finance ministry, maintaining control
over public spending, setting the direction of the UK’s economic policy and working to
achieve strong and sustainable economic growth.
The main offices are based in London and the new economic campus in Darlington.
There are also offices in Edinburgh and Norwich.
It is responsible for: public spending: including departmental spending, public sector
pays and pension, annually managed expenditure (AME) and welfare policy, and capital
investment; financial services policy: including banking and financial services regulation,
financial stability, and ensuring competitiveness in the City; strategic oversight of the UK
tax system: including direct, indirect, business, property, personal tax, and corporation tax;
the delivery of infrastructure projects across the public sector and facilitating private
sector investment into UK infrastructure; and ensuring the economy is growing
sustainably.
Its priorities are: achieving strong and sustainable growth; reducing the deficit and
rebalancing the economy; spending taxpayers’ money responsibly; creating a simpler,
fairer tax system; creating stronger and safer banks; making corporate taxes more
competitive; making it easier for people to access and use financial services; and
improving regulation of the financial sector to protect customers and the economy.
Its objectives are: place the public finances on a sustainable footing; ensure the stability
of the macro-economic environment and financial system, enabling strong, sustainable
and balanced growth; increase employment and productivity, and ensure strong growth
and competitiveness across all regions of the UK through a comprehensive package of
structural reforms.
II.2.3.2.1.4. Foreign, Commonwealth And Development Office
The Foreign, Commonwealth And Development Office (FCDO) pursues the national
interests and project of the UK as a force for good in the world. It promotse the interests of
British citizens, safeguard the UK’s security, defend values, reduce poverty and tackle
global challenges with international partners.
This office unites development and diplomacy in one new department. FCDO brings
together the best of Britain’s international effort and demonstrates the UK acting as a
force for good in the world.
FCDO employs around 17,300 staff in the diplomatic and development offices
worldwide, including in 280 overseas embassies and high commissions. The UK-based
staff work in King Charles Street, London and Abercrombie House, East Kilbride. There
are also other London offices, including 22 Whitehall, and staff based in Milton Keynes.
II.2.3.2.1.5. Home Office
The first duty of the government is to keep citizens safe and the country secure. The
Home Office plays a fundamental role in the security and economic prosperity of the UK.
The Home Office is the lead government department for immigration and passports, drugs
policy, crime, fire, counter-terrorism and police.
This office is responsible for: working on the problems caused by illegal drug use;
shaping the alcohol strategy, policy and licensing conditions; keeping the United Kingdom
safe from the threat of terrorism; reducing and preventing crime, and ensuring people feel
safe in their homes and communities; securing the UK border and controlling immigration
considering applications to enter and stay in the UK; issuing passports and visas;
supporting visible, responsible and accountable policing by empowering the public and
freeing up the police to fight crime; and fire prevention and rescue.
Home Office goals are to: cut crime and the harm it causes, including cyber-crime and
serious and organised crime; manage civil emergencies within the remit of the Home
Office; protect vulnerable people and communities; reduce terrorism; control migration;
provide world-class public services and contribute to prosperity; maximise the benefits of
the United Kingdom leaving the European Union; Read our Home Office Outcome
Delivery Plan to find out more about how we are performing against our objectives.
The main offices are based in London, but there are also staff based around the country.
II.2.3.2.1.6. Ministry Of Justice
The Ministry of Justice is a major government department, at the heart of the justice
system. It works to protect and advance the principles of justice. Its vision is to deliver a
world-class justice system that works for everyone in society.
The Department for Constitutional Affairs (DCA) was a United Kingdom government
department. Its creation was announced on 12 June 2003 with the intention of replacing
the Lord Chancellor's Department. On 28 March 2007 it was announced that the
Department for Constitutional Affairs would take control of probation, prisons and
prevention of re-offending from the Home Office and be renamed the Ministry of Justice.
This took place on 9 May 2007. This office is responsible for these parts of the justice
system: courts; prisons; probation services; attendance centres.
The organisation works together and with other government departments and agencies
to bring the principles of justice to life for everyone in society. From the civil courts,
tribunals and family law hearings, to criminal justice, prison and probation services. We
work to ensure that sentences are served and offenders are encouraged to turn their lives
around and become law-abiding citizens.
The 4 strategic priorities to deliver the vision are: a prison and probation service that
reforms offenders; a modern courts and justice system; a Global Britain that promotes the
rule of law; a transformed department that is simpler, smarter and more unified.
Each year, millions of people use its services across the UK - including at 500 courts
and tribunals, and 121 prisons in England and Wales.
II.2.3.2.1.7. Ministry Of Defence
This office works for a secure and prosperous United Kingdom with global reach and
influence. It will protect the people, territories, values and interests at home and overseas,
through strong armed forces and in partnership with allies, to ensure the security, support
the national interests and safeguard the prosperity.
The Ministry of Defence has 8 defence tasks: defence, security and resilience of the UK
and its overseas territories; nuclear deterrence and the defence nuclear enterprise;
contribute to improved understanding of the world through strategic intelligence and the
global defence network; influence through international defence engagement; overseas
defence activity; promote UK prosperity and civil society; direct defence; strategic base
and enabling functions.
Its priorities are to: protect the UK; project the UK’s global influence; promote UK;
prosperity; transform the way we do business; support the delivery of Brexit.
The Ministry of Defence has permanent and casual civilian personnel, including Royal
Fleet Auxiliaries, Trading Funds and locally engaged civilians.
II.2.3.2.1.8. Department Of Health And Social Care
Department Of Health And Social Care (DHSC) supports ministers in leading the
nation’s health and social care to help people live more independent, healthier lives for
longer.
DHSC is responsible for: supporting and advising the ministers: helping them shape and
deliver policy that delivers the government’s objectives; setting direction: anticipating the
future and lead debate ensuring it protects and improves global and domestic health;
accountability: making sure the department and the arm’s length bodies deliver on the
agreed plans and commitments; acting as guardians of the health and care framework:
making sure the legislative, financial, administrative and policy frameworks are fit for
purpose and work together; troubleshooting: in the last resort, the public and Parliament
expect it to take the action needed to resolve crucial and complex issues.
From 2021 to 2022, DHSC will: protect the public’s health through the health and
social care system’s response to COVID-19; improve healthcare outcomes by providing
high-quality and sustainable care at the right time in the right place and by improving
infrastructure and transforming technology; improve healthcare outcomes through a well-
supported workforce; improve, protect and level up the nation’s health, including through
reducing health disparities; improve social care outcomes through an affordable, high
quality and sustainable adult social care system.
DHSC is a ministerial department, supported by a number of agencies and partner
organisations. As of 31 December 2020, the department employs 3,030 full-time
equivalent employees, who work in locations across the country.
II.2.3.2.1.9. Department For Business, Energy And Industrial Strategy
Department For Business, Energy And Industrial Strategy helps build a stronger,
greener future by fighting coronavirus, tackling climate change, unleashing innovation and
making the UK a great place to work and do business.
It is responsible for: business; industrial strategy; science, research and innovation;
energy and clean growth; climate change.
From 2021 to 2022, the priorities will be to: fight coronavirus by helping businesses to
bounce back from the impacts of COVID-19, supporting a safe return to the workplace
and accelerating the development and manufacture of a vaccine; tackle climate change:
reduce UK greenhouse gas emissions to net zero by 2050; unleash innovation and
accelerate science and technology throughout the country to increase productivity and UK
global influence; back long-term growth: boost enterprise by making the UK the best
place in the world to start and grow a business.
BEIS replaced the Department for Business, Innovation and Skills (BIS) and the
Department of Energy and Climate Change (DECC) in July 2016. It employs around
3,000 staff who work in our offices in London, Aberdeen and around the UK.
II.2.3.2.1.10. Department For International Trade
This office secures UK and global prosperity by promoting and financing international
trade and investment, and championing free trade.
It is responsible for delivering 4 priority outcomes: secure world-class free trade
agreements and reduce market access barriers, ensuring that consumers and businesses can
benefit from both; deliver economic growth to all the nations and regions of the UK
through attracting and retaining inward investment; support UK business to take full
advantage of trade opportunities, including those arising from delivering free trade
agreements (FTAs), facilitating UK exports; champion the rules-based international
trading system and operate the UK’s new trading system, including protecting UK
businesses from unfair trade practices.
II.2.3.2.1.11. UK Export Finance
The mission of this office is to ensure that no viable UK export fails for lack of finance
or insurance, while operating at no net cost to the taxpayer.
This is the UK’s export credit agency and a government department, working alongside
the Department for International Trade as an integral part of its strategy and operations.
It works with over 100 private credit insurers and lenders to help UK companies access
export finance (the particular class of loans, insurance policies or bank guarantees that
enable international trade to take place as easily and securely as possible). It exists to
complement not compete with the private sector.
The office helps UK companies to: win export contracts by providing attractive
financing terms to their buyers; fulfil contracts by supporting working capital loans; get
paid by insuring against buyer default
UK Export Finance can support exports for any size of company and across all sectors,
from capital goods to services and intangibles such as intellectual property.
UK export finance managers provide free and impartial consultations. They help UK
companies to check they are getting the appropriate support and, if not, explore how to
bridge any gaps.
II.2.3.2.1.12. Department For Work And Pensions
The Department for Work and Pensions (DWP) is responsible for welfare, pensions and
child maintenance policy. As the UK’s biggest public service department, it administers
the State Pension and a range of working age, disability and ill health benefits to around
20 million claimants and customers.
DWP is responsible for: understanding and dealing with the causes of poverty rather
than its symptoms; encouraging people to work and making work pay; encouraging
disabled people and those with ill health to work and be independent; providing a decent
income for people of pension age and promoting saving for retirement; providing value for
money and reducing levels of fraud and error; reducing work-related death and serious
injury in workplaces through the Health and Safety Executive.
Its priorities are to: run an effective welfare system that enables people to achieve
financial independence by providing assistance and guidance into employment; increase
saving for, and security in, later life; create a fair and affordable welfare system which
improves the life chances of children; deliver outstanding services to our customers and
claimants; deliver efficiently: transform the way we deliver our services to reduce costs
and increase efficiency.
DWP provides its services in a number of ways, for example through Jobcentre Plus,
The Pension Service, the Child Maintenance Service and partner organisations.
II.2.3.2.1.13. Department For Education And Skills
The Department for Education and Skills is responsible for children’s services and
education, including early years, schools, higher and further education policy,
apprenticeships and wider skills in England. It works to provide children’s services,
education and skills training that ensures opportunity is equal for all, no matter
background, family circumstances, or need.
It is the department for realising potential. This office enables children and learners to
thrive, by protecting the vulnerable and ensuring the delivery of excellent standards of
education, training and care. This helps realise everyone’s potential – and that powers the
economy, strengthens society, and increases fairness.
The office is responsible for: teaching and learning for children in the early years and in
primary schools; teaching and learning for young people in secondary schools; teaching,
learning and training for young people and adults in apprenticeships, traineeships and
further education; teaching and learning for young people and adults in higher education;
supporting professionals who work with children, young people and adult learners;
helping disadvantaged children and young people to achieve more; making sure that local
services protect and support children.
It drives economic growth through improving the skills pipeline, levelling up
productivity and supporting people to work (cross-cutting outcome). The supporting
departments are Department for Business Energy and Industrial Strategy (BEIS),
Department for Digital Culture Media and Sport (DCMS), Department for Work and
Pensions (DWP), Ministry of Housing, Communities and Local Government (MHCLG).
The Department of Education and Skills also levels up education standards so that
children and young people in every part of the country are prepared with the knowledge,
skills, and qualifications they need. Besides, it supports the most disadvantaged and
vulnerable children and young people through high-quality local services so that no one is
left behind (cross-cutting outcome). The supporting departments are DCMS, Department
of Health and Social Care (DHSC), DWP, Home Office (HO), MHCLG and Ministry of
Justice (MoJ). Moreover, this office provides the best start in life through high-quality
early education and childcare to raise standards and help parents to work (cross-cutting
outcome). The supporting departments are DWP and Her Majesty’s Revenue and Customs
(HMRC).
It is a ministerial department supported by 17 agencies and public bodies and non-
ministerial departments. The staff are based at the ministerial offices in London and in a
number of other locations around England. It works closely with: national and local
agencies who look after children; local authorities; professionals who work in schools and
further and higher education institutions, children’s services and health services.
II.2.3.2.1.14. Department For Environment Food And Rural Affairs
This office is responsible for improving and protecting the environment. It aims to grow
a green economy and sustain thriving rural communities. It also supports the world-
leading food, farming and fishing industries.
Its broad remit means the office play a major role in people’s day-to-day life, from the
food, and the air, to the water. It is here to make the air purer, the water cleaner, the land
greener and the food more sustainable. Its mission is to restore and enhance the
environment for the next generation, leaving it in a better state than the people found it.
Priority outcomes of this office are: improve the environment through cleaner air and
water, minimised waste, and thriving plant and terrestrial and marine wildlife; reduce
greenhouse gas emissions and increase carbon storage in the agricultural, waste, peat and
tree planting sectors to help deliver net zero; reduce the likelihood and impact of flooding
and coastal erosion on people, businesses, communities and the environment; increase the
sustainability, productivity and resilience of the agriculture, fishing, food and drink
sectors, enhance biosecurity at the border and raise animal welfare standards.
The office has around 10,250 full-time equivalent employees as at 31 December 2020
(source: table 8 in ONS public sector employment data which excludes Non-Departmental
Public Bodies). The staff are based in London, Bristol, York and other offices throughout
England. Although Defra only works directly in England, it works closely with the
devolved administrations in Wales, Scotland and Northern Ireland, and generally leads on
negotiations in the EU and internationally.
Department For Environment, Food, And Rural Affairs has produced the following
framework documents in partnership with the arm’s length bodies (ALBs). They set out
the broad framework in which the ALBs operate, including information on their overall
purpose and functions, governance arrangements and accountability. This is in accordance
with the principles of the ‘partnerships with arm’s length bodies: code of good practice’
and ‘managing public money’.
II.2.3.2.1.15. Department For Transport
This office works with its agencies and partners to support the transport network that
helps the UK’s businesses and gets people and goods travelling around the country. It
plans and invests in transport infrastructure to keep the UK on the move.
It is responsible for: providing policy, guidance, and funding to English local authorities
to help them run and maintain their road networks, improve passenger and freight travel,
and develop new major transport schemes; investing in, maintaining and operating around
4,300 miles of the motorway and trunk road network in England through Highways
England; setting the strategic direction for the rail industry in England and Wales –
funding investment in infrastructure through Network Rail, awarding and managing rail
franchises, and regulating rail fares; improving English bus services through funding and
regulation; working to make our roads less congested and polluted by promoting lower
carbon transport, including cycling and walking; encouraging the use of new technology
such as smart ticketing and low carbon vehicles; maintaining high standards of safety and
security in transport; supporting the maritime sector by producing the overall strategy and
planning policy for ports in England and Wales; setting national aviation policy, working
with airlines, airports, the Civil Aviation Authority and NATS (the UK’s air traffic
service).
Its priorities are: boosting economic growth and opportunity; building a One Nation
Britain; improving journeys; safe, secure and sustainable transport. The Department for
Transport and our agencies employ around 18,245 staff and 354 non-payroll staff, who
work in locations across the country.
II.2.3.2.1.16. Ministry of Housing, Communities and Local Government
The Ministry of Housing, Communities and Local Government's (formerly the
Department for Communities and Local Government) job is to create great places to live
and work, and to give more power to local people to shape what happens in their area.
The responsibilities of this office are: driving up housing supply; increasing home
ownership; devolving powers and budgets to boost local growth in England; and
supporting strong communities with excellent public services.
II.2.3.2.1.17. Department For Digital, Culture, Media And Sport
The Department for Digital, Culture, Media & Sport (DCMS) helps to drive growth,
enrich lives and promote Britain abroad. It protects and promotes the cultural and artistic
heritage and help businesses and communities to grow by investing in innovation and
highlighting Britain as a fantastic place to visit. It also helps to give the UK a unique
advantage on the global stage, striving for economic success.
Its priorities include: growing the economy; connecting the UK; encouraging
participation; sustaining excellence and promoting Britain; supporting our media; and
ensuring social responsibility.
There are around 900 staff working for DCMS, but most of the work that people know
it for is carried out by the 43 public bodies that support it. Its headquarters are in London.
II.2.3.2.1.18. Office Of The Leader Of The House Of Lords
This office provides support to the Leader of the House of Lords. The Leader of the
House is appointed by the Prime Minister, is a member of Cabinet, and is responsible for
the conduct of government business in the Lords. The Leader advises the House on
procedure and order, and she and her office are available to assist and advise all members
of the House.
It supports the Leader in her parliamentary and ministerial duties, which include:
leading the government benches in the House of Lords; delivery of the government’s
business in the Lords (jointly responsible with the Lords Chief Whip); repeating in the
Lords statements made by the Prime Minister in the Commons; giving guidance to the
House on matters of procedure and order; taking part in formal ceremonies in the House,
like the State Opening of Parliament, Chair, Board of Trustees for Chevening. It also
provides private office support to the Rt Hon Earl Howe in his capacity as Deputy Leader.
This office is a small team based in the Palace of Westminster. Together with the
Leader of the House of Commons, the Chief Whips and their respective deputies in both
houses, ít ministers and offices are otherwise known as the Parliamentary Business
Managers.
II.2.3.2.1.19. Office Of The Leader Of The House Of Commons
This office provides support to the Leader of the House of Commons, who is
responsible for planning and supervising the government’s legislative programme
(including the Queen’s speech), and managing government business within the House of
Commons while also upholding the rights and interests of the backbench members of the
House.
The responsibilities of this office are: delivering the government’s legislative
programme; managing business in the House of Commons; reform of the House of
Commons, including co-ordinating e-petitions across government and parliament;
remaining issues relating to pay, pensions and expenses for MPs following the
establishment of the Independent Parliamentary Standards Authority.
The main priorities are to: deliver the government’s legislative programme; respond to
the Joint Committee on Parliamentary Privilege.
Its team is based in 70 Whitehall, London. Although resourced by Cabinet Office, the
Leader and the Deputy Leader of the Commons are not Cabinet Office ministers. Together
with the Leader of the House of Lords, the Chief Whips and their respective deputies in
both houses, our ministers and offices are otherwise known as the Parliamentary Business
Managers.
The Leader is an ex-officio member of the House of Commons Commission, Public
Accounts Commission, the Speaker’s Committees on the Independent Parliamentary
Standards Authority and the Electoral Commission. She is also Lord President of the Privy
Council and acts as an ex-officio trustee of the National Portrait Gallery.
II.2.3.2.1.20. Northern Ireland Office
Northern Ireland Office ensures the smooth working of the devolution settlement in
Northern Ireland. The Northern Ireland Office supports the Secretary of State for Northern
Ireland in promoting the best interests of Northern Ireland within a stronger United
Kingdom. It ensures Northern Ireland interests are fully and effectively represented at
Westminster and the heart of Government, and the Government’s responsibilities are fully
and effectively represented in Northern Ireland.
The key purpose is to make politics work by working alongside the Northern Ireland
Executive to help improve the effectiveness and delivery of the devolved institutions; to
ensure a more secure Northern Ireland; deliver a growing economy including rebalancing
the economy; and ensure a stronger society by supporting initiatives designed to build
better community relations and a genuinely shared future.
Lead ministers: Brandon Lewis CBE MP, Secretary of State for Northern Ireland;
Robin Walker MP, Minister of State for Northern Ireland.
Lead official: Madeleine Alessandri joined the Northern Ireland Office as Permanent
Secretary in February 2020, following Sir Jonathan Stephen’s retirement.
Madeleine Alessandri was the UK Deputy National Security Advisor and Prime
Minister’s Adviser on National Resilience and Security and took up that role in July 2018.
She joined government service in 1988 and has held a wide variety of positions in the UK
and overseas. She was made a Commander of Order of Saint Michael and Saint George
(CMG) in 2017.
II.2.3.2.1.21. Scotland Office
The Office of the Secretary of State for Scotland (Scottish Gaelic: Oifis Rùnaire Stàite
na h-Alba), often referred to as the Scotland Office, is a UK government department
headed by the Secretary of State for Scotland and responsible for Scottish affairs that lie
within the UK Government's responsibility. The department evolved from the Scottish
Office which was formed in 1885. It was renamed the Scotland Office in 1999 following
devolution in Scotland, where the majority of its responsibilities were transferred to the
Scottish Executive (since renamed the Scottish Government).
The Office of the Secretary of State for Scotland supports the Secretary of State in
promoting the best interests of Scotland within a stronger United Kingdom. It ensures
Scottish interests are fully and effectively represented at the heart of the UK government,
and the UK government’s responsibilities are fully and effectively represented in
Scotland. The Office of the Secretary of State for Scotland (OSSS) is the UK
government’s Office for Scotland. Its role is to: strengthen and sustain the union; the
OSSS acts as the custodian of the devolution settlement.
It will: oversee the passage of legislation to deliver the Smith Commission Agreement
in full; implement the new powers following Royal Assent of the Scotland Bill; work
constructively with the Scottish government to ensure the effective working of the
devolution settlement; act as Scotland’s voice in Whitehall; the OSSS represents Scottish
interests within government and supports the rest of government on UK matters.
It will work closely with other UK government departments to develop UK government
policy that reflects Scottish interests.
Champion the UK government in Scotland
The OSSS represents and advocates for the UK government’s policies in Scotland.
The Office of the Secretary of State for Scotland will work across government to ensure
that the UK government communicates effectively with people in Scotland, ensuring that
as one of Scotland’s two governments, the UK government is visible and accessible.
II.2.3.2.1.22. Wales Office
The Office of the Secretary of State for Wales (Welsh: Swyddfa Ysgrifennydd Gwladol
Cymru), informally known as the Wales Office (Swyddfa Cymru), is a United Kingdom
government department. It replaced the former Welsh Office, which had extensive
responsibility for governing Wales prior to Welsh devolution in 1999.
The Office of the Secretary of State for Wales supports the Welsh Secretary and the
Parliamentary Under Secretary of State in promoting the best interests of Wales within a
stronger United Kingdom. It ensures Welsh interests are represented at the heart of the UK
government and the UK government’s responsibilities are represented in Wales.
The Office of the Secretary of State for Wales’ role is to: promote the Welsh economy
and the economic interests of Wales; work with UK government colleagues, the Welsh
government, business and other stakeholders to drive economic growth, encourage inward
investment and create a more balanced Welsh economy; ensure the devolution settlement
continues to deliver a clear, fair and strong settlement for Wales; ensure that Wales
continues to benefit from a coherent devolution settlement that enables the UK
government and the Welsh government to deliver for the people of Wales and that
legislation in the UK Parliament and Senedd Cymru accurately reflects the devolution
boundaries; seek to promote a productive relationship between the UK government and
the Welsh government.
Represent Wales’ interests within the UK government, and to promote a wider
understanding of UK government policies in Wales. It will work closely with UK
government departments to ensure that Wales’ interests are fully represented in UK
government policy-making and implementation. It will raise awareness in Wales of UK
government policies in non-devolved areas.
II.2.3.2.2. Non-Ministerial Departments
Non-ministerial government departments (NMGDs) are a type of department of the
Government of the United Kingdom that deal with matters for which direct political
oversight has been judged unnecessary or inappropriate. They are headed by senior civil
servants. Some fulfil a regulatory or inspection function, and their status is therefore
intended to protect them from political interference. Some are headed by a permanent
office holder, such as a Permanent Secretary or Second Permanent Secretary.
The status of an NMGD varies considerably from one to another. For example:
Senior officials in HM Revenue and Customs work closely with cabinet ministers.
Its key policies are set each year in the Finance Act. However, neither ministers nor
Parliament can interfere in day-to-day taxation decisions.
A number of NMGDs are highly independent bodies; for example, the Charity
Commission, Ofsted and economic regulators such as the Competition and Markets
Authority or the Postal Services Commission. These bodies are "creatures of
statute": – that is they implement legislation which they have no power to change.
Their political independence is assured by providing that they have the status of
government departments, but are accountable only to Parliament and the courts.
Their budgets are usually set by the Treasury, not by the department which set them
up, and they are often funded by licence fees paid by the industries which they
regulate.
The Food Standards Agency is an NMGD which was created by merging two large
parts of the Departments of Health and what was then the Ministry of Agriculture,
Fisheries and Food. The aim was to reassure the public (after the BSE/vCJD crisis)
that decisions about food safety would in future be taken by an independent body
free of political control. Because the FSA was designed to take politics out of food
safety, it does not seek ministerial approval for its actions, even when negotiating
and agreeing to European legislation on behalf of the UK.
II.2.4. The Three Branches Of Government
Under the doctrine of separation of powers, the governance of a state is traditionally
divided into three branches each with separate and independent powers and responsibilities:
an executive, a legislature and a judiciary. The distribution of power in this way is intended to
prevent any one branch or person from being supreme and to introduce ‘checks and balances’
through which one branch may limit another. According to a strict interpretation of the
separation of powers, none of the three branches may exercise the power of the other, nor
should any person be a member of more than one of the branches.
In practice, however, many countries do not aim for a strict separation of powers, but opt
for a compromise, where some functions are shared between the institutions of state. This is
the case in the United Kingdom.
II.2.4.1. The Legislature
The legislatures of the United Kingdom are derived from a number of different sources.
The parliament of the United Kingdom is the supreme legislative body for the United
Kingdom and the British Overseas Territories with Scotland, Wales and Northern Ireland
each having their own devolved legislatures. Each of the three major jurisdictions of the
United Kingdom (England and Wales, Scotland and Northern Ireland) has its own laws and
legal system.
II.2.4.1.1. Organisation
The UK Parliament is the legislature and consists of three elements: The House of
Commons, The House of Lords, The Crown. The Parliament of the United Kingdom of Great
Britain and Northern Ireland (commonly known as the UK Parliament, the British Parliament,
the Westminster Parliament or "Westminster") is the supreme legislative body for the United
Kingdom and also for English Law. It alone possesses legislative supremacy and thereby
ultimate power over all other political bodies in the UK and its territories. Its head is the
Sovereign of the United Kingdom (currently Queen Elizabeth II) and its seat is the Palace of
Westminster in Westminster, London. With there being no devolved legislature in England
the UK Parliament is also the supreme body for its governance, legislation, public bodies and
local government.
Parliament is the legislature and the supreme legal authority in the UK which can create or
end any law. Most Members of Parliament (MPs) represent political parties. They are elected
from a choice of candidates by a simple majority system in which each person casts one vote.
The candidate with the most votes then become the MP for that constituency. Generally, a
political party must win an overall majority in a general election in order to form a
government and have its leader become Prime Minister. There are 650 seats in total. An
overall majority is more than half the seats in the House of Commons (326 or more).
General elections must be held every five years on the first Thursday in May, as required
by the Fixed Term Parliaments Act 2011. There are two provisions that can trigger an election
other than at five-year intervals:
A motion of no confidence in the Government is passed by a simple majority in the
House of Commons, and 14 days elapses without the House passing a confidence
motion in any new Government formed.
A motion for a general election is agreed by two-thirds of the total number of seats
in the House of Commons.
The House of Lords is the second chamber or upper house of the UK Parliament. There are
two types of Lords in the House of Lords:
Spiritual Lords who are members of the clergy
Temporal Lords, who are hereditary or life peers:
- Hereditary peers are those whose title is inherited
- Life peers, who form the biggest proportion of the House of Lords, are appointed by the
sovereign on the recommendation of the Prime Minister, or by an independent body –
the House of Lords Appointment Commission. Their title cannot be inherited.
II.2.4.1.2. Responsibilities
The main role of the Legislature is making law. The Making of Laws in the UK the power
to make and change laws is held in Parliament. The House of Commons performs a number
of tasks but it is best known for probably its contribution to making new laws. New laws
cannot be made by Parliament unless it has completed a number of stages in both the House
of Commons and the House of Lords. The Queen also has to sign to give Royal assent – only
then does it become a new law or an Act of Parliament. Bills can begin in either house.
The legislature functions in focusing national debate, and scrutinising and controlling
major decisions by the executive:
The elected legislature should normally maintain full public control of government
services and state operations, ensuring public and Parliamentary accountability
through conditionally supporting the government, and articulating reasoned
opposition, via its proceedings.
The House of Commons should be a critically important focus of national political
debate, articulating ‘public opinion’ in ways that provide useful guidance to the
government in making complex policy choices.
Individually and collectively legislators should seek to uncover and publicise issues
of public concern and citizens’ grievances, giving effective representation both to
majority and minority views, and showing a consensus regard for the public
interest.
The legislature operates in passing laws and controlling the executive’s detailed policies:
In the preparation of new laws, the legislature should supervise government
consultations and help ensure effective pre-legislative scrutiny.
In considering legislation Parliament should undertake close scrutiny in a climate
of effective deliberation, seeking to identify and maximise a national consensus
where feasible.
Legislators should regularly and influentially scrutinise the current implementation
of policies, and audit the efficiency and effectiveness of government services and
policy delivery.
II.2.4.1.3. Powers
Legislation passes through parliament. Besides, legislation is the government’s shopping
list.
The Parliament legitimises legislation and government effectively controls amendments by
using its majority to vote down amendments it does not like. Monarch does not block
legislations (last time was in 1707).
II.2.4.2. The Executive
In political systems that use fusion of powers, which typically includes parliamentary
systems, only the executive is typically referred to as the government (with the legislature
often referred to as "Parliament" or simply "the legislature") which typically is either a part of
or requires the confidence of (requires the support/approval of) the legislature and is therefore
fused to the legislative power instead of being independent. The executive (short for
executive branch or executive power) is the part of government that enforces law, and has
responsibility for the governance of a state.
II.2.4.2.1. Organisation
The executive branch can be the source of certain types of law, because they are able to
make executive decrees or executive orders, and executive bureaucracies can be the source of
regulations. So, the executive branch of government consists of leaders of offices, with the
top leadership roles including the ‘Head of State’ (the Queen in the UK, a ceremonial
position), the ‘Head of Government’ (the Prime Minister in the UK, and the de facto leader),
in addition to a defence minister, an interior minister (the Home Secretary in the UK), a
foreign minister, a finance minister (the Chancellor of the Exchequer in the UK) and a justice
minister.
II.2.4.2.2. Responsibilities
The executive branch is the part of government with authority and responsibility for the
daily administration of the state. It executes, or enforces the law. The idea of separation of
powers in a liberal democracy means that there is an executive, legislative and judicial
branch, with authority thus distributed among these branches, so as to protect individual
liberty in response to the possibility of tyrannical leadership. So, the legislature makes the
laws, the judiciary interprets the laws, whilst the executive enforces the law.
II.2.4.2.3. Powers
In systems where the legislature is sovereign, the powers of and the organization of the
executive are completely dependent on what powers the legislature grants it and the actions of
the executive may or may not be subject to judicial review, something which is also
controlled by the legislature. The executive may also have legislative or judicial powers in
systems that where the legislature is sovereign, which is often why the executive is instead
referred to as the government since it often possesses non-executive powers.
II.2.4.3. The Judiciary
The justice system is one of the three branches of the state. The other two branches are the
executive, or the government, and the legislature, which is the two Houses of Parliament. In
most democracies these three branches of the state are separate from each other. They have
roles and functions that are defined within written constitutions, preventing the concentration
of power in any one branch and enabling each branch to serve as a check on the other two
branches. This is known as separation of powers.
II.2.4.3.1. Organisation
The judiciary comprises the judges and other officers of the courts and tribunals of the
three UK legal jurisdictions, overseen by the Supreme Court. Senior judicial appointments are
made by the Crown. The United Kingdom Supreme Court is the final court of appeal in civil
matters for the whole of the UK, and in criminal matters everywhere except Scotland. In
England and Wales, the High Court of Justice has three divisions, Chancery, Queen’s Bench
and Family, which deal with certain more complex civil cases, while the county courts try the
majority of civil cases. The Crown Court has jurisdiction in the most serious criminal cases
providing trial by jury. The structure for the organization of the judiciary covers the following
areas: The Judicial Executive Board; The Tribunals Judicial Executive Board; The Judges’
Council; The allocation of day to day responsibilities; The organisation of jurisdictional
responsibilities; The Judicial Office; Organisation of the courts and tribunals.
II.2.4.3.2. Responsibilities
The main function of this branch is to hear upon and resolve the matters of law. The
judiciary determines common law and interprets statutes. However, in the UK the judiciary
has one more essential function: to develop the law through their judgements. Many of our
primary legal principles have been made and developed by judges (rather than by Parliament)
from case to case in what is called a system of precedent, where the lower courts are bound to
follow principles established by the higher courts in previous cases. The common law (or
judge-made law) is at least as important to us as the law made by Parliament. For example,
there is no Act of Parliament telling us that murder is a crime; it is a common law crime
which has been refined over the centuries by judges.
Another important role played by the judiciary is that of statutory interpretation. Whilst the
meaning of law in a statute should be clear and explicit, this is not always achieved. Many
cases come before the courts because there is a dispute over the meaning of a word in a
statute. For example, the Dangerous Dogs Act 1991 contains the phrase ‘any dog of the type
known as the pit bull terrier’ but it did not say whether ‘type’ meant the same as ‘breed’. In
order to assist with the interpretation of statutes the judiciary have developed a number of
rules: the literal rule, the golden rule, the mischief rule and the purposive approach. They all
take slightly different approaches and the judiciary do not always agree on which approach
should be used, so the interpretation of a statute may depend on the judge hearing the case.
Once that interpretation has been made, however, it may form a precedent for later cases.
II.2.4.3.3. Powers
In cases before the courts judges are required to interpret legislation in line with the
intention of Parliament. Judges can be influential in the way they interpret and apply
legislation but they may not challenge the validity of an Act of Parliament unless it is in
breach of European law. They may declare an Act of Parliament to be incompatible with the
European Convention of Human Rights but may not strike it down for this reason. Senior
judges have, however, recently suggested that there may be limits to Parliament’s
sovereignty, and that they may not be obliged to apply an Act of Parliament which breaches a
fundamental constitutional principle, such as the rule of law.
Although judges are responsible for the development of the common law, Parliament may
legislate to overturn or modify the common law, thus overriding the judge made law. Judges
in the senior courts have life tenure, which protects their independence. A resolution of both
Houses of Parliament is needed to remove a High Court judge from office, while judges at the
lower levels can only be removed after disciplinary proceedings. Judges are prohibited from
standing for election to Parliament.
Article 9 of the Bill of Rights 1688 establishes the principle of Parliamentary privilege
allowing Members of Parliament complete freedom of speech and debate without the threat of
action in the courts (for example for libel). On the other hand there is a convention that
Members of Parliament will not criticise judicial decisions, and the rule of ‘sub judice’ (under
judgment) prohibits Parliamentary interference in cases currently before the courts.
The judiciary exercises scrutiny over the executive by ensuring that the executive acts
within its powers. This involves ensuring that the executive only acts where it has the power
to do so, and that it exercises its powers in accordance with the law. This judicial scrutiny
extends to checking that any legislative acts carried out by the executive (that is, the making
of subordinate legislation) are within the scope of the powers delegated by Parliament. The
courts can therefore question the lawfulness of actions by public bodies, including
government Ministers, and this is done through a procedure known as judicial review. This
role of the judiciary highlights why it is so important for judges to be independent of the
influence of the executive.
According to the formal regulations, in Vietnam is a country with a system of three
separate powers, including the National Assembly, the Government, the Court and the
prosecutor's office. The power system as prescribed by law has a complete organizational
structure from the central government to localities at district and district levels to commune
and ward levels. The Vietnamese government has three branches: legislative, executive and
judicial.
Legislature is understood according to the above provisions and in the 2013 Constitution is
one of the three main functions of the state, along with rights such as executive power and
judicial power to aggregate into the power of the state. We can understand and see that the
relationship between state power and legislation is both making the Constitution and
amending the Constitution, making laws and amending laws. According to the 2013
Constitution, the National Assembly is the body that exercises the constitutional and
legislative rights and decides on important and essential issues of the country. Therefore,
legislation is understood to belong to the entire people, which is given to the people's deputies
conference, which is the National Assembly.
The executive is one of the three main functions of the state, the legislative power and the
judicial power that constitute state power. The main executive is the implementation
according to the provisions of the constitution, based on the constitution to draft or
promulgate the provisions of the law and to comply with the provisions of the law. The
executive representative is the Government, the head is the President/President. Therefore,
executive is understood as the implementation of laws that have been established through a
government agency.
Justice is to ensure the fairness of the law, to protect justice. In order to ensure the
implementation of the judiciary, according to regulations, there will be judicial agencies.
Justice is also one of the three main functions of the state. Justice is for the purpose of
punishing criminals and resolving conflicts between individuals. The judiciary is the court
system to handle violations of the law and resolve disputes.
The provision of separation of powers in Vietnam shows that legislative, executive and
judicial powers are assigned to different agencies in the state, not concentrated for a specific
agency but will be divided among other agencies. There are different powers: legislative
power is vested in parliament, executive power is vested in the government, and judicial
power is vested in the courts. The separation of powers is understood as the purpose of using
power to exercise control, balance, control and restrain power among state agencies. The rule
of separation of powers is clearly shown and it helps to prevent tyranny that easily arises in a
society of abuse of power. Thus, it can be understood that the legislative, executive and
judicial powers must operate on the principle of independence, have conditions for checking
and supervising each other, creating a balance between rights to ensure the right power of the
government.
II.2.5. The UK Constitution And Law
II.2.5.1. Constitution
The Constitution of the United Kingdom or British constitution comprises the written and
unwritten arrangements that establish the United Kingdom of Great Britain and Northern
Ireland as a political body. Unlike in most countries, no attempt has been made to codify such
arrangements into a single document. Thus, it is known as an uncodified constitution. This
enables the constitution to be easily changed as no provisions are formally entrenched.
The Constitution of the United Kingdom is not a single official document but rather a
collection, built upon a large number of precedents, or "common law," from the 11th century
to the present. Complementing this legislation are institutions promulgated by Parliament,
called the Law of Justice, and the Law of the European Community (EC) – in some cases
used beyond the law. of the kingdom.
The Constitution of the United Kingdom is drawn mainly from four sources: written law
(law passed by the legislature), common law (precedents applied by courts, law established
through judgments). courts), parliamentary conventions and authoritative works.
Since the Glorious Revolution of 1688, the concept of parliamentary sovereignty has been
the foundation of the English legislative constitution, meaning that laws passed by Parliament
are the supreme and final source of law. law in the UK. Accordingly Parliament can change
the constitution simply by passing new laws through the Parliaments Act (a new law must be
passed by the House of Commons, the Senate and must be signed by the Queen). or King).
There has been some debate about the power of parliament not being intact when joining the
European Union (EU). The argument used by the proponents of leaving the EU on the 2016
referendum (Brexit) vote.
Great Britain was one of the first modern countries in the world to take the concept of law
and democracy seriously. It does not have a written Constitution, in accordance with the
principle that sovereignty belongs to the parliament, the Parliament has full power to enact
laws without being bound by the Constitution like countries with a Constitution. in writing.
In Vietnam, the Constitution of the Socialist Republic of Vietnam is the most valuable
legal document in the legal system of Vietnam. The current constitution is the 2013 version,
which is the Constitution of the Socialist Republic of Vietnam approved by the 13th National
Assembly of Vietnam at its 6th session on the morning of November 28, 2013, entered into
force on January 1, 2014. The current Constitution of 2013 includes a preamble and 11
chapters with 120 articles.
II.2.5.1.1. Principles
The Supreme Court of the United Kingdom recognises that there are constitutional
principles, including parliamentary sovereignty, the rule of law, democracy and upholding
international law. The Supreme Court also recognises that some Acts of Parliament have
special constitutional status, and are therefore part of the constitution. These include Magna
Carta, which in 1215 required the King to call a "common counsel" (now called Parliament)
to represent people, to hold courts in a fixed place, to guarantee fair trials, to guarantee free
movement of people, to free the church from the state, and to guarantee rights of "common"
people to use the land. After the Wars of the Three Kingdoms and the Glorious Revolution,
the Bill of Rights 1689 and the Claim of Right Act 1689 cemented Parliament's position as
the supreme law making body, and said that the "election of members of Parliament ought to
be free".
The Treaty of Union between England and Scotland in 1706, followed by two Acts of
Union 1707, one in the Scottish, the other in the English parliament, unified England, Wales
and Scotland. Ireland joined in a similar way through the Acts of Union 1801. The Irish Free
State separated after the 1921 Anglo-Irish Treaty took effect in 1922. Northern Ireland
remained within the union.
After a slow process of electoral reform, the UK guaranteed every adult citizen the equal
right to vote in the Representation of the People (Equal Franchise) Act 1928. After World
War II, the UK became a founding member of the Council of Europe to uphold human rights,
and the United Nations to guarantee international peace and security. The UK was a member
of the European Union, whose predecessor the European Communities (the Common Market)
it first joined in 1973, but left in 2020. The UK is also a founding member of the International
Labour Organization and the World Trade Organization to participate in regulating the global
economy.
Although the British constitution is not codified, the Supreme Court recognises
constitutional principles, and constitutional statutes, which shape the use of political power.
The main sources of constitutional law are Acts of Parliament, court cases, and conventions in
the way that government, Parliament and the monarch act. There are at least four main
constitutional principles recognised by the courts. First, parliamentary sovereignty means that
Acts of Parliament are the supreme source of law. Through the English Reformation, the Civil
War, the Glorious Revolution of 1688 and the Act of the Union 1707, Parliament became the
dominant branch of the state, above the judiciary, executive, monarchy, and church. Although
there are a number of formal limitations on the laws Parliament can make, contained in the
1707 Treaty of Union between England and Scotland, it is sometimes asserted that Parliament
can make or unmake any law, a fact that is usually justified by Parliament being
democratically elected, and upholding the rule of law, including human rights and
international law. Second, the rule of law has run through the constitution as a fundamental
principle from the earliest times as "The king must [be] . . . . under the law, because the law
makes the king" - Henry de Bracton in the C13th. This principle was recognised in the Magna
Carta 1215 and the Petition of Right 1628. This means the government may only conduct
itself according to legal authority, including respect for human rights. Third, at least since
1928, elections in which all capable adults participate has become a fundamental
constitutional principle. Originally only wealthy, property-owning men held rights to vote for
the House of Commons, while the monarch, occasionally together with a hereditary House of
Lords, dominated politics. From 1832 onwards adult citizens slowly obtained the right to
universal suffrage. Fourth, the British constitution is bound to international law, as Parliament
has chosen to increase its practical power in cooperation with other countries in international
organisations, such as the International Labour Organization, the United Nations, the
European Convention on Human Rights, the World Trade Organization, and the International
Criminal Court. However, the UK left membership of the European Union, after a referendum
in 2016, and a general election in 2019.
II.2.5.1.2. Institutions
While principles may be the basis of the UK constitution, the institutions of the state
perform its functions in practice. First, Parliament is the sovereign entity. Its two chambers
legislate. In the House of Commons each Member of Parliament is elected by a simple
plurality in a democratic vote, although outcomes do not always accurately match people's
preferences overall. Historically, most elections occurred each four years, but this was fixed
at five years in 2011. Election spending is tightly controlled, foreign interference is
prohibited, and donations and lobbying are limited in whatever form. The House of Lords
reviews and votes upon legislative proposals by the Commons. It can delay legislation by one
year, and cannot delay at all if the proposed Act concerns money. Most Lords are appointed
by the Prime Minister, through the Queen, on the advice of a Commission which, by
convention, offers some balance between political parties. Ninety-two hereditary peers
remain. To become law, each Act of Parliament must be read by both houses three times, and
given royal assent by the monarch. The Sovereign does not veto legislation, by convention,
since 1708. Second, the judiciary interprets the law. It can not strike down an Act of
Parliament, but the judiciary ensures that any law which may violate fundamental rights has
to be clearly expressed, to force politicians to openly confront what they are doing and
"accept the political cost". Under the Constitutional Reform Act 2005, the judiciary is
appointed by the Judicial Appointments Commission with cross-party and judicial
recommendations, to protect judicial independence. Third, the executive branch of
government is led by the Prime Minister who must be able to command a majority in the
House of Commons. The Cabinet of Ministers is appointed by the Prime Minister to lead the
main departments of state, such as the Treasury, the Foreign Office, the Department of Health
and the Department of Education. Officially the "head of state" is the monarch, but all
prerogative power is exercised by the Prime Minister, subject to judicial review. Fourth, as
the UK matured as a modern democracy, an extensive system of civil servants, and public
service institutions developed to deliver UK residents economic, social and legal rights. All
public bodies, and private bodies that perform public functions, are bound by the rule of law.
II.2.5.1.3. Human Rights
Human rights in the United Kingdom concern the fundamental rights in law of every
person in the United Kingdom. An integral part of the UK constitution, human rights derive
from common law, from statutes such as Magna Carta, the Bill of Rights 1689 and the Human
Rights Act 1998, from membership of the Council of Europe, and from international law.
Codification of human rights is recent in the United Kingdom. Today the main source of
jurisprudence is the Human Rights Act 1998, which incorporated the European Convention
on Human Rights into domestic litigation. Codification of human rights is recent, but before
the Human Rights Act 1998 and the European Convention on Human Rights, British law had
one of the world's longest human rights traditions. Magna Carta 1215 bound the King to
require Parliament's consent before any tax, respect the right to a trial "by lawful judgment of
his Peers, or by the Law of the Land", stated that "We will sell to no man, we will not deny or
defer to any man either Justice or Right", guaranteed free movement for people, and
preserved common land for everyone. After the English Civil War the Bill of Rights 1689 in
England and Wales, and the Claim of Rights Act 1689 in Scotland, enshrined principles of
representative democracy, no tax without Parliament, freedom of speech in Parliament, and
no "cruel and unusual punishment". By 1789, these ideas evolved and inspired both the US
Bill of Rights, and the Declaration of the Rights of Man and of the Citizen after the American
and French Revolutions. Although some labelled natural rights as "nonsense upon stilts",
more legal rights were slowly developed by Parliament and the courts. In 1792, Mary
Wollstonecraft began the British movement for women's rights and equality,while movements
behind the Tolpuddle martyrs and the Chartists drove reform for labour and democratic
freedom.
At Speakers' Corner of Hyde Park, London, here the people traditionally gather to
exchange views, debate, and listen. Debating and free speech societies are found throughout
the UK and make a regular part of TV.
Upon the catastrophe of World War II and the Holocaust, the new international law order
put the Universal Declaration of Human Rights 1948 at its centre, enshrining civil, political,
economic, social and cultural rights. In 1950, the UK co-authored the European Convention
on Human Rights, enabling people to appeal to the European Court of Human Rights in
Strasbourg even against Acts of Parliament: Parliament has always undertaken to comply
with basic principles of international law. Because this appeals process was long, Parliament
legislated to "bring rights home" with the Human Rights Act 1998, so that people can raise
human rights claims in British courts based on the Convention directly. The Convention
contains the rights to life, rights against torture, against forced labour, to marry, to an
effective remedy, and the right to suffer no discrimination in those rights. Most case law
concerns the rights to liberty, privacy, freedom of conscience and expression, and to freedom
of association and assembly. The UK also enshrines rights to fair labour standards, social
security, and a multitude of social and economic rights through its legislation.
II.2.5.1.4. Administrative Law
Administrative law, through judicial review, is essential to hold executive power and public
bodies accountable under the law. In practice, constitutional principles emerge through cases
of judicial review, because every public body, whose decisions affect people's lives, is created
and bound by law. A person can apply to the High Court to challenge a public body's decision
if they have a "sufficient interest", within three months of the grounds of the cause of action
becoming known. By contrast, claims against public bodies in tort or contract, where the
Limitation Act 1980 usually sets the period as 6 years. Almost any public body, or private
bodies exercising public functions, can be the target of judicial review, including a
government department, a local council, any Minister, the Prime Minister, or any other body
that is created by law. The only public body whose decisions cannot be reviewed is
Parliament, when it passes an Act. Otherwise, a claimant can argue that a public body's
decision was unlawful in five main types of case: (1) it exceeded the lawful power of the
body, used its power for an improper purpose, or acted unreasonably, (2) it violated a
legitimate expectation, (3) failed to exercise relevant and independent judgement, (4)
exhibited bias or a conflict of interest, or failed to give a fair hearing, and (5) violated a
human right. As a remedy, a claimant can ask for the public body's decisions to be declared
void and quashed (or certiorari), or it could ask for an order to make the body do something
(or mandamus), or prevent the body from acting unlawfully (or prohibition). A court may also
declare the parties' rights and duties, give an injunction, or compensation could also be
payable in tort or contract.
II.2.5.2. Law System
The United Kingdom is divided into three main jurisdictions (or self-contained legal
systems): England and Wales, Scotland, Northern Ireland. Each jurisdiction has its own laws,
court system, lawyers and judges. However: Laws that apply in one jurisdiction, particularly
if they are derived from legislation (Acts of Parliament and Statutory Instruments) may apply
equally, or very similarly, in other jurisdictions. While the courts in each jurisdiction can
decide cases differently from those in other jurisdictions, the final appeal for all of them goes
to the UK Supreme Court.
Moreover, the process of devolution has resulted in variations between the laws of Wales
and those of England, and even as between different regions in England. Acts of Parliament
can take effect differently, or at different times, in different parts of the jurisdiction of
England and Wales. The Courts Committee of the Privy Council is the highest court of appeal
for many independent states in the British Commonwealth, overseas territories and
dependencies.
II.2.5.2.1. English Law
English law is the common law legal system of England and Wales, comprising mainly
criminal law and civil law, each branch having its own courts and procedures. Wales law is
the primary and secondary legislation generated by the Wales Parliament. However, as there
is no criminal law within contemporary Wales law, Wales is not generally considered a fourth
jurisdiction of the United Kingdom. This is because the judiciary and the courts follow
England and Wales law, which is made by the United Kingdom Parliament, and is not
specific to Wales. Although Wales law is recognised as separate in operation, this is not
sufficient for Wales to constitute a separate legal jurisdiction.
English law aministered by the Courts in England and Wales, which was concerned with
both criminal and civil matters. The Court of England and Wales are headed by the Senior
Courts of England and Wales, consisting of the Court of Appeal, the High Court of Justice
(for civival case) and the Crown Court (for criminal case). The Supreme Court is the highest
court in the land for both criminal and civil appeal cases in England and Wales (also in
Northern Ireland cases and civil cases in Scots law) and any decision it makes is binding on
every other court in the same jurisdiction, and often has persuasive effect in its other
jurisdictions. On appeal, a court may overrule the decisions of its inferior courts, such as
county courts (civil) and magistrates' courts (criminal).
II.2.5.2.2. Northern Ireland Law
The Northern Ireland Law is a common law system in the United Kingdom. It is headed by
the courts of the Northern Ireland. The courts of Northern Ireland are headed by the Court of
judicature of Northern Ireland, consisting of the Northern Ireland Court of Appeal, the
Northern Ireland High Court of Justice and the Northern Ireland Crown. The Northern Ireland
is closely smillar to English law. The Supreme Court is the highest court in the land for both
criminal and civil appeal cases in Northern Ireland and any decision it makes is binding on
every other court in the same jurisdiction and often has persuasive effect in its other
jurisdictions.
II.2.5.2.3. Scotland Law
Scotland law is a unique legal system with an ancient basis in Roman law. Since the
formation of the Kingdom of Great Britain under the 1707 Acts of Union, Scotland law has
shared a legislature with England and Wales, and while each retained fundamentally different
legal systems, the 1707 Union brought English and Wales influence upon Scotland law, and
vice versa. The chief courts are the Court of Session, for civil cases, and the High Cout
Judiciary, for criminal cases. The Supreme Court of the United Kingdom serves as the highest
court of appeal for civil cases under Scotland law, with leave to appeal from the Court of
Session not required as a general rule. However unlike in the rest of the United Kingdom the
Supreme Court has no role as a highest court of appeal for criminal cases. In Scotland, the
high courts are the Court of Sessions for civil cases and the High Court for criminal cases,
while the sheriff court is the equivalent of a provincial court of Scotland. The Scotland legal
system is unique in having three possible verdicts for a criminal trial: "guilty", "not guilty"
and not proven. Both "not guilty" and "not proven" result in an acquittal with no possibility
of retrial.
II.2.5.2.4. UK Court Structure For The England And Wales
The red flag, originally the official flag and symbol of the Labour Party
Since the party's inception, the red flag has been Labour's official symbol; the flag has been
associated with socialism and revolution ever since the 1789 French Revolution and the
revolutions of 1848. The red rose, a symbol of socialism and social democracy, was adopted
as the party symbol in 1986 as part of a rebranding exercise and is now incorporated into the
party logo.
The red flag became an inspiration which resulted in the composition of "The Red Flag",
the official party anthem since its inception, being sung at the end of party conferences and on
various occasions such as in Parliament in February 2006 to mark the centenary of the Labour
Party's founding. It still remains in use, although attempts were made to play down the role of
the song during New Labour. The song "Jerusalem", based on a William Blake poem, is also
frequently sung.
II.4.3. Others
II.4.3.1. Liberal Democrats Party
The Liberal Democrats is the political party implementing a policy of middle ground between
the Labor Party and the Conservative Party. The party, often allied with other parties, has had
times of success but has also had times due to unclear lines and internal disagreements that
have divided and lost voter support.
II.4.3.2. Scottish National Party
The Scottish National Party (SNP; Scots: Scots
National Pairty) is a regional Scottish nationalist
and social-democratic political party in Scotland.
The SNP supports and campaigns for Scottish
independence from the United Kingdom and for
membership of the European Union, with a
platform based on civic nationalism. The SNP is the largest political party in Scotland, where
it has the most seats in the Scottish Parliament and 45 out of the 59
Scottish seats in the House of Commons at Westminster, and it is the
third-largest political party by membership in the United Kingdom,
behind the Labour Party and the Conservative Party. The current
Scottish National Party leader, Nicola Sturgeon, has served as First
Minister of Scotland since 20 November 2014.
II.4.3.3. Plaid Cymru - The Party Of Wales
Officially, Plaid Cymru – the Party of Wales, often referred
to simply as Plaid) is a regional centre-left to left-wing
Welsh nationalist political party in Wales, which advocates
for Welsh independence from the United Kingdom. Plaid
was formed in 1925 and won its first seat in the UK
Parliament in 1966. The party holds three of 40 Welsh seats
in the UK Parliament, 13 of 60 seats in the Senedd, and 202
of 1,264 principal local authority councillors. It is a member
of the European Free Alliance.
II.4.3.4. Democratic Unionist Party
The Democratic Unionist Party (DUP) is a unionist and loyalist political party in Northern
Ireland. It was founded in 1971 during the Troubles by Ian Paisley, who led the party for the
next 37 years. Currently led by Jeffrey Donaldson, it is the
joint-largest party in the Northern Ireland Assembly, and is
the fifth-largest party in the House of Commons of the United
Kingdom. The party has been described as right-wing and
socially conservative, being anti-abortion and opposing same-sex marriage. The DUP sees
itself as defending Britishness and Ulster Protestant culture against Irish nationalism. The
party is Eurosceptic and supported Brexit.
The DUP evolved from the Protestant Unionist Party and has historically strong links to the
Free Presbyterian Church of Ulster, the church Paisley founded. During the Troubles, the
DUP opposed sharing power with Irish nationalists or republicans as a means of resolving the
conflict, and likewise rejected attempts to involve the Republic of Ireland in Northern Irish
affairs. It campaigned against the Sunningdale Agreement of 1973, the Anglo-Irish
Agreement of 1985, and the Good Friday Agreement of 1998. In the 1980s, the DUP was
involved in setting up the loyalist paramilitary movements Third Force and Ulster Resistance,
the latter of which helped smuggle a large shipment of weapons into Northern Ireland.
II.4.3.5. Ulster Unionist
The Ulster Unionist Party (UUP) is a unionist and conservative political party in Northern
Ireland. Having gathered support in Ulster, the northern province in Ireland, during the late-
nineteenth and early-twentieth centuries, the party governed Northern Ireland between 1921
and 1972. It was supported by most unionist voters throughout the conflict known as the
Troubles, during which time it was often referred to as the Official Unionist Party (OUP).
Between 1905 and 1972, its peers and MPs took the Conservative whip at Westminster, in
effect functioning as the Northern Irish branch of the Conservative and Unionist Party. This
arrangement came to an end in 1972 over disagreements over the Sunningdale Agreement.
The two parties have remained institutionally separate ever since, with the exception of the
2009–2012 Ulster Conservatives and Unionists electoral alliance.
It is as of 2021 the fourth-largest party in Northern Ireland, having been overtaken in 2003
by the Democratic Unionist Party (DUP) and Sinn Féin, and in 2017 by the Social
Democratic and Labour Party (SDLP). The
party has been unrepresented in
Westminster since losing its two seats in
2017. The party won 11.7% of the vote in
Northern Ireland, but no seats, in 2019,
placing fifth behind the DUP, Sinn Féin,
Alliance Party of Northern Ireland, and the
SDLP. Within the United Kingdom, the
Ulster Unionist Party has historically been
affiliated with the Conservative Party in Great Britain, and is often considered an off-shoot of
it. The UUP and its predecessors have been the traditional Unionist voice in Ireland.
In 2016, the UUP and the SDLP decided not to accept the seats on the Northern Ireland
Executive to which they would have been entitled and to form an official opposition to the
executive. This marked the first time that a devolved government in Northern Ireland did not
include the UUP. Steve Aiken succeeded Robin Swann as leader in November 2019. He
resigned on 8 May 2021, and Doug Beattie was elected as leader on 17 May 2021.
II.4.3.6. Sinn Fein
Sinn Féin is an Irish republican and democratic socialist political party active in both the
Republic of Ireland and Northern Ireland.
The original Sinn Féin organisation was founded in 1905
by Arthur Griffith, but has split substantially on a number of
occasions since then, notably giving rise in the aftermath of
the Irish Civil War to the two traditionally dominant parties
of southern Irish politics: Fianna Fáil, and Cumann na
nGaedheal (now Fine Gael).
The current Sinn Féin party took its form in 1970 after
another split (with the other faction eventually becoming the
Workers' Party of Ireland) and was historically associated with the Provisional Irish
Republican Army (IRA). Mary Lou McDonald became party president in February 2018.
Sinn Féin is one of the two largest parties in the Northern Ireland Assembly, winning one
seat less than the Democratic Unionist Party (DUP) at the 2017 Northern Ireland Assembly
election. In that assembly it is the largest Irish nationalist
party, and it holds four ministerial posts in the power-
sharing Northern Ireland Executive as of 2020. In the UK
House of Commons, Sinn Féin holds seven of Northern
Ireland's 18 seats, making it the second-largest bloc after the
DUP; there it follows a policy of abstentionism, refusing to
sit in parliament or vote on bills. In the Oireachtas (the
lower house and upper house of the Republic of Ireland), it
is the third largest party. However, in Dáil Éireann Sinn
Féin currently sits as the main opposition and the largest
party having won the largest share of first-preference votes
at the 2020 Irish general election.
II.4.3.7. Social Democratic And Labour Party
The Social Democratic and Labour Party (SDLP) is a social-democratic, Irish nationalist
political party in Northern Ireland. The SDLP currently has 12 MLAs in the Northern Ireland
Assembly and two Members of Parliament (MPs) in Westminster.
The SDLP party platform advocates Irish reunification, and the further devolution of powers
while Northern Ireland remains part of the United Kingdom. During the Troubles, the SDLP
was the most popular Irish nationalist party in Northern Ireland, but since the Provisional IRA
ceasefire in 1994, it has lost ground to the republican party Sinn Féin, which in 2001 became
the more popular of the two parties for the first time. Established during the Troubles, a
significant difference between the two parties was the SDLP's rejection of violence, in
contrast to Sinn Féin's support for the Provisional IRA and physical force republicanism.
Since February 2019, the SDLP have been in partnership
with Fianna Fáil.
II.4.3.8. Green Party
The Green Party, also known as the Green Party UK, was
a Green political party in the United Kingdom. Prior to
1985 it was called the Ecology Party, and before that
PEOPLE. In 1990, it separated into three political parties:
the Green Party of England and Wales; the Scottish
Greens; the Green Party Northern Ireland.
Despite the UK Green Party no longer existing as an entity, "Green Party" (singular) is still
used colloquially to refer collectively to the three separate parties; for example, in the
reporting of opinion polls and election results.
II.4.3.9. Alba Party
The Alba Party is a Scottish nationalist and pro-independence political party in Scotland.
The party was founded by the retired television producer Laurie
Flynn, with the former first minister of Scotland Alex Salmond
taking over as leader. Salmond launched the party's 2021 Scottish
Parliament election campaign in March 2021, with the party
planning to stand list-only candidates. Two Members of Parliament
(MPs) in the House of Commons defected from the Scottish
National Party to the Alba Party on 27 March 2021, and several
other high-profile figures from the SNP including members of its
governing body and former MPs joined the party in the days
following Salmond's announcement.
II.4.3.10. Alliance Party
The Alliance Party of Northern Ireland (APNI) is a liberal and
centrist political party in Northern Ireland. It is Northern
Ireland's fifth-largest party, currently holding seven seats in the
Northern Ireland Assembly, but has made recent breakthroughs
to place third in first preference votes in the 2019 European
Parliament election and third highest-polling regionally at the
2019 UK general election. The party won one of the three Northern Ireland seats in the
European Parliament, and one seat, North Down, in the House of Commons.
In Viet Nam, the politics of Vietnam are defined by a single-party socialist republic
framework, where the General Secretary of the Communist Party of Vietnam is the Party
leader and head of the Politburo, holding the highest position in the one-party system. The
President of Vietnam is the head of state, and the Prime Minister of Vietnam is the head of
government in a one-party system led by the Communist Party of Vietnam. Executive power
is exercised by the government and the President of Vietnam. Legislative power is vested in
the National Assembly of Vietnam. The Judiciary is independent of the executive. The
parliament adopted the current Constitution of Vietnam, its fifth, on 28 November 2013.
The President is elected by National Assembly for a five-year term and acts as the
commander-in-chief of the Vietnam People's Armed Forces and Chairman of the Council for
Defence and Security. Moreover, the president has the right to decide on executive brands.
The government, the main executive state power of Vietnam, is headed by the Prime Minister,
who has several Deputy Prime Ministers and several ministers in charge of particular
activities. The executive branch is responsible for the implementation of political, economic,
cultural, social, national defence, security and external activities of the state. The National
Assembly is a unicameral legislative body. The
National Assembly has 500 members, elected by
popular vote to serve four-year terms. The
legislature is, according to the constitution, the
highest organ of the state. Its powers includes the
enactment and amendment of the constitution and
laws; the adoption of the government budget;
supervising the Government of Vietnam and
other holders of public powers responsible to the
National Assembly; and appointing members of
the judiciary. The Vietnamese constitution and
legislation provide for regular elections for the
office of the President of the Socialist Republic, the National Assembly and the People's
Councils.
Vietnam has a judicial system governed by the Constitution of Vietnam and national
legislation enacted by National Assembly. The Supreme People's Court (Tòa án Nhân dân Tối
cao) is the highest court of appeal in Vietnam. There are other specialised courts in Vietnam,
including the Central Military Court, the Criminal Court, the Civil Court and the Appeal
Court. The Supreme People's Procuracy observes the implementation of state organs and
makes sure that Vietnamese citizens follow the law.
II.5. PARLIAMENTARY ELECTORAL SYSTEM
II.5.1. Voting And Voters
The United Kingdom is divided into 659 constituencies, each of which returns one Member
of Parliament (MP) to theHouse of Commons. Constituencies vary in size and area;
theaverage electorate is around 67,300. The largest electorate inDecember 2003 was the Isle
of Wight (with 106,600registered voters) and the smallest the sparsely populatedEilean Siar
(21,300)
II.5.1.1. Voting Procedures
In Great Britain, most electors are enrolled during the course of the annual canvass, which
electoral registration officers are obliged to conduct every year between August and
November. Canvass forms are sent to all households, and must be returned, otherwise a fine
of £1000 can be imposed. One person in the household must confirm the details of all
residents who are existing electors, which includes adding or deleting residents who have
moved in or out and are eligible to register to vote.
Between December and early August, the rolling registration procedure applies instead.
Applications must be submitted individually (unlike the annual canvass forms where one
person is responsible for registering all eligible people in a household) using registration
forms available from local electoral registration officers or the Electoral Commission's
website. Although no proof of identity or address is necessary when submitting an
application, the electoral registration officer can require the applicant to provide further
information regarding the applicant's age, nationality, residence and whether or not they are
disqualified and/or evidence to prove the applicant's age and/or nationality. Application forms
can be returned to the local electoral registration officer by post, by fax or by e-mail as a
scanned attachment.
As of June 2014, as part of the Government's Digital by Default policy, voters in England
and Wales can register to the electoral roll online.
Special category electors do not register through the annual canvass procedure. Instead,
they submit applications at any time during the year and have to renew their electoral
application periodically (every one year for overseas electors and voters with a declaration of
local connection and every three years for service voters).
After applications are received by the electoral registration officer, he/she must add them to
a list of applications (unless they are applications to register as an anonymous elector). The
list is open for inspection for five working days, during which any other elector may raise an
objection to an application. The electoral registration officer can initiate an application
hearing if he/she considers that there are reasonable integrity concerns about the application.
In Northern Ireland, there is no annual canvass, and instead people register individually at
any time during the year. Applicants must supply their National Insurance number or, if they
do not have one, make a declaration to that effect. Proof of identity, address, three months'
residency in NI and date of birth must also be included with applications, which are submitted
by post to the Electoral Office for Northern Ireland.
Knowingly giving false information to an electoral registration officer anywhere in the UK
is an offence with a maximum penalty, upon conviction, of £5,000 and/or six months'
imprisonment.
II.5.1.2. Voting Systems
Voting systems, or electoral systems, are the method by which we elect representatives. A
voting system determines the rules on how we elect parties and candidates.
The House of Commons, Scottish Parliament, National Assembly for Wales, Northern
Ireland Assembly and UK local authorities use different voting systems.
II.5.1.2.1. First-Past-The-Post
The House of Commons and local councils in England and Wales use the first-past-the-
post system.
The UK is divided into constituencies. Local authorities into wards.
At a general or local election, voters put a cross (X) next to their preferred candidate on a
ballot paper. Ballot papers are counted. The candidate with the most votes represents the
constituency or ward.
II.5.1.2.2. Alternative Vote (AV)
Alternative Vote is used to elect: chairs of most committees in the House of Commons and
the Lord Speaker and by-elections for hereditary peers.
Voters rank candidates in order of preference by marking 1, 2, 3 and so on. A voter can
rank as many or as few candidates as they like or vote for one candidate.
First preference votes are counted first. If a candidate receives more than 50 per cent of the
first preference votes then they are elected.
If no candidate reaches 50 per cent, the candidate with the fewest first preference votes is
eliminated. Their second preference votes are reallocated to the remaining candidates. If one
candidate has more votes than the other remaining candidates put together, that candidate is
elected.
If not, the process is repeated until one candidate has more votes than the other remaining
candidates put together. This candidate wins the election.
II.5.1.2.3. Supplementary Vote (SV)
Elections for mayors in England and Wales, and for Police and Crime Commissioners, use
the Supplementary Vote system.
The SV system is like the AV system. Voters are limited to a first and second preference
choice. A voter marks a cross in one column for their first preference candidate. They mark
another cross in a second column for their second preference if they wish to do so.
If a candidate receives more than 50 per cent of the first preference votes then they are
elected.
If no candidate reaches the 50 per cent threshold, the two candidates with the highest
number of votes remain. This eliminates the other candidates. The second preference of the
eliminated candidates are counted. Any made for the two remaining candidates are
transferred. The candidate with the most votes at the end of this process is elected.
II.5.1.2.4. Single Transferable Vote (STV)
Single Transferable Vote is used for: Elections for Deputy Speakers in the House of
Commons; Northern Ireland Assembly elections ; and Local elections in Scotland and
Northern Ireland.
STV was also used in Northern Ireland to elect Members of the European Parliament from
1979 to 2019. Constituencies which elect more than one representative use STV.
Voters rank candidates in order of preference by marking 1, 2, 3 and so on. A voter can
rank as many or as few candidates as they like or vote for only one candidate.
Each candidate needs to reach a quota. This is the minimum number of votes calculated
according to the number of seats and votes cast.
The first preference votes for each candidate are added up. Candidates who achieve this
quota are elected. Surplus votes from candidates who hit the quota go to second preference
candidates.
Votes from the candidate with the fewest first preference votes who do not achieve the
quota are eliminated. Their votes go to the second preference.
II.5.1.2.5. Additional Member System (AMS)
The Additional Member System is used by: the Scottish Parliament; the National Assembly
for Wales; the London Assembly.
Voters are given two votes on separate ballot papers. One vote is for a constituency
member and one vote is for a party list. In Scotland and Wales list members are elected by
region. In London there is a single London-wide list.
Constituency votes are counted first and the members for each constituency are elected
using first-past-the-post.
Additional members are then elected by counting the party list votes in each region. The
number of members elected from the list is based on the percentage of the votes cast but also
takes into account the number of constituency members already elected in the region. This is
designed to make the result more proportional to the number of votes cast.
II.5.1.2.6. Closed Party List
The Closed Party List system was used in England, Scotland and Wales to elect Members
of the European Parliament between 1999 and 2019.
Under this system, a voter marks a cross on the ballot paper next to the party's name.
Parties get the number of seats in proportion to the votes it receives in each constituency.
Voters choose parties not candidates. The parties determine the order in which candidates
appear on the list.
II.5.1.3. Rules About Voters
All democratic countries have rules about who has the right to vote, known as the
franchise, in their elections. This is usually based on nationality, age and residence. In recent
years the rules on who can vote in which election in the UK have diverged depending which
bit of the UK you live in.
For UK Parliamentary elections, across the whole of the UK, to vote in a UK
Parliamentary election a person must be must: be registered to vote in the constituency; be of
voting age – 18 years old on polling day; be either a British, qualifying Commonwealth
citizen or a citizen of the Republic of Ireland; and Not be subject to any legal incapacity to
vote – Peers in the House of Lords, prisoners serving a prison sentence or having been
convicted of committing certain electoral crimes.
For local elections in England and Northern Ireland the rules are the same as they are for
UK Parliamentary elections with two main exceptions. Peers in the House of Lords and EU
citizens resident in the UK may also vote in local elections as long as they meet the age and
residency requirements.
In Scotland and Wales, you must be registered to vote in the area but there are now
different rules on nationality and age, and the ban on some prisoners voting has been
removed. In Scotland, the main differences for local and Scottish Parliament elections are:
Registered 16- and 17-year-olds can vote; All legally resident foreign nationals can also
register to vote (not just EU nationals); Convicted prisoners who are detained and serving a
sentence of 12 months or less may now register to vote in local and Scottish Parliamentary
elections.
In Wales the franchise has been changed for Welsh Parliament/Senedd Cymru and local
elections: Registered 16- and 17-year-olds can vote; All legally resident foreign nationals can
also register to vote (not just EU nationals).
16- and 17-year-olds and qualifying foreign nationals will only be able to vote in the next
scheduled local elections on 5 May 2022 and not in by-elections held before May 2022.
These changes do not cover police and crime commissioner elections in Wales as these
elections are reserved. Voting age will remain at 18 for PCC elections in Wales and only
registered British, qualifying Commonwealth and Irish citizens will be able to vote.
All convicted prisoners serving a prison term are still prohibited from voting in Senedd
Cymru and Welsh local elections.
For Non-British Citizens, the right of some non-British residents, namely Commonwealth
and Irish citizens, to vote in UK elections is a result of historic ties with the UK. Citizens of
the Republic of Ireland who are resident in the UK are eligible to register for, and vote in, all
elections in the UK. Qualifying Commonwealth citizens who are resident in the UK are
eligible to register for, and vote in, all elections in the UK.
A qualifying Commonwealth citizen is someone who is resident in the UK and who has
leave to remain in the UK or does not require leave to remain. Electoral registration officers
can check the immigration status of applicants from a Commonwealth nation.
EU nationals citizens legally resident in the UK may currently register to vote in all
elections that use the local government franchise. However, the Government has recently
proposed changes to legislation as a result of the UK’s exit from the EU.
Provisions included in the Elections Bill 2021-22 would restrict voting rights for EU
citizens living in England and Northern Ireland who entered the UK after the end of the
Implementation Period, 31 December 2020, to those from countries where a bilateral
agreement has been agreed between the UK and individual member states. So far this covers
Spain, Portugal, Poland and Luxembourg.
EU citizens who were living in the UK prior to the end of the Implementation Period will
maintain their local voting and candidacy rights in England and Northern Ireland, provided
they retain lawful immigration status. EU citizens living in Scotland and Wales will retain
their existing voting rights as all legally resident foreign nationals can register to vote for
local and devolved elections.
II.5.1.4. General Elections
A general election is an opportunity for people in every part of the UK to choose their
MP. This person will represent a local area (constituency) in the House of Commons for up to
five years.
There is a choice of several candidates in each constituency. Some will be the local
candidates for national political parties. The candidate that receives most votes becomes their
MP.
The Fixed-term Parliaments Act 2011 provides that Parliament is dissolved automatically
after 5 years. Before the Act, dissolution was a personal prerogative of the monarch. The Act
replaced the prerogative. Parliament is now dissolved automatically 25 working days before a
general election. Since the Fixed-term Parliaments Act was passed, the House of Commons
has twice decided that an earlier general election should be held: in 2017 and in 2019.
Under the terms of the Fixed-term Parliaments Act, the next general election can be
expected to take place on Thursday 2 May 2024
The Fixed-term Parliaments Act 2011 sets the next date of the general election at five-year
interval on the first Thursday of May. If an earlier general election is triggered outside of the
five-year period, the election does not have to be held on a Thursday.
Triggering an election other than at five-year intervals. The Fixed-term Parliaments Act 2011
provides for general elections to be held on the first Thursday in May every five years. There
are two provisions that trigger an election other than at five-year intervals:
A motion of no confidence is passed in Her Majesty's Government by a simple
majority and 14 days elapses without the House passing a confidence motion in any
new Government formed
A motion for a general election is agreed by two thirds of the total number of seats in
the Commons including vacant seats (currently 434 out of 650)
On Wednesday 19 April 2017, MPs voted by 522 to 13 to allow an early general election. The
election took place on Thursday 8 June 2017. On Thursday 31 October 2019, Parliament
passed legislation to make provision for a parliamentary general election to be held on 12
December 2019.
II.5.1.5. By-Elections
A UK parliamentary by-election happens when a seat in the House of Commons becomes
vacant between general elections.
A by-election is held when a seat becomes vacant. This can happen when an MP: resigns or
dies; is declared bankrupt; is unable to carry out their duties due to mental illness; is
convicted of a serious criminal offence. A by-election does not have to take place if an MP
changes political party. Until an election, an MP of the same party in a neighbouring
constituency manages constituency matters.
The Chief Whip of the political party whose MP held the vacant seat starts the process of a
by-election. This starts by 'moving the Writ', a motion requesting: "that the Speaker do issue
his Warrant to the Clerk of the Crown to make out a new Writ for the electing of a Member to
serve in this present Parliament for the constituency of .... in the room of...". The Speaker puts
the question to MPs to decide whether to agree to the motion. If MPs agree it becomes an
Order for the Speaker. The Speaker then issues a Warrant to the Clerk of the Crown who then
sends the writ to the Returning Officer.
A new Writ is usually issued within three months of the vacancy. There have been a few
times when seats remained vacant longer than six months. Seats will be left vacant towards
the end of a Parliament. They are then filled at the general election. If there are many vacant
seats by-elections can take place on the same day. The by-election timetable is between 21
and 27 working days from the issuing of the writ.
II.5.2. Swearing In And The Parliamentary Oath
Members of the House of Commons and the House of Lords take an oath of allegiance to
the Crown. This is called swearing in. If they object to swearing the oath, they can make a
solemn affirmation. They do this before taking their seats in Parliament. This can happen after
a general election, by-election or after the death of the monarch.
II.5.2.1. Significance
Oaths of allegiance to the Crown are common in British public life. They are similar to a
declaration of loyalty to the state. Members of both Houses of Parliament are required by law
to take an oath of allegiance to the Crown. MPs cannot take their seat, speak in debates, vote
or receive a salary until taking the oath or affirmation. They could also be fined £500 and
have their seat declared vacant “as if they were dead” if they attempted to do so. The same
rule applies to Members of the Lords.
II.5.2.2. Wording Of The Oaths
The wording of the oath comes from the Promissory Oaths Act 1868. The form and manner
of giving the oath are set out in the Oaths Act 1978. MPs take the oath by holding the sacred
text in their uplifted hand and saying the words of the oath: I (name of Member) swear by
Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth,
her heirs and successors, according to law. So help me God.
The Act also permits the oath to be taken in the Scottish manner. With uplifted hand but
not holding the sacred text. Members may also take the oath by kissing the book and using the
words: I (name of Member) do swear that I will be faithful and bear true allegiance to Her
Majesty Queen Elizabeth, her heirs and successors, according to law. So help me God.
Texts of the oath and affirmation are available in Braille. The oath/affirmation must first be
made and taken in English. Members can follow this with an oath or affirmation in Welsh,
Scottish Gaelic or Cornish.
II.5.2.3. Taking The Oath In The House Of Commons
After the Commons Speaker has taken the oath, MPs come forward one by one to swear or
affirm at the despatch box. MPs take the oath/affirm in order of seniority: Father of the
House; Cabinet Ministers; Shadow Cabinet Ministers; Privy Counsellors; Other Ministers;
Other Members in order of seniority by length of service.
If two or more MPs enter the House at the same election their seniority is determined by
the date and/or time they took the oath. The question of seniority can arise when deciding
who might become 'Father of the House'. Members choose affirmation or oath cards to read.
There is no set list of sacred texts which MPs may use when swearing in. All Members decide
beforehand which text they would prefer to use. Then every effort is made to ensure that it is
provided. Books which may not be handled by non-believers are kept in slip-cases on the
Table.
MPs take the oath or affirm. They then sign the 'Test Roll'. This is a parchment book
headed by the oath and affirmation which is kept by the Clerk of the House of Commons.
Finally, MPs are introduced to the Commons Speaker by the Clerk of the House. MPs
shake the Speaker's hand. They then give their signature and let staff know how they would
like to be known in House documents. The initial period of swearing in lasts about two hours.
Most MPs are sworn on the first day. The House of Commons will also meet for swearing-in
after this.
II.5.2.4. Taking The Oath In The House Of Lords
The swearing in procedure for taking the oath is similar in the House of Lords. Members of
the Lords present their writs of summons at the Table of the House. They then take the oath or
affirmation.
Members are also required to sign an undertaking to abide by the House of Lords Code of
Conduct. This puts in place a new Code of Conduct, agreed by the House on 30 November
2009.
After the swearing in process most MPs and Members of the Lords are able to sit and vote
in each House. After most Members have been sworn in, the Queen's Speech at State Opening
starts the session.
II.5.2.5. By-Elections And Mps
MPs elected at a by-election are accompanied to take the oath or affirmation by two
sponsors. They collect a certificate relating to his or her election to hand to the Clerk of the
House before taking the oath or making the affirmation.
For voting and election in Viet Nam, the President of Vietnam is elected by the National
Assembly, thus an indirect system. The Prime Minister of Vietnam and Chief Justice of
Vietnam are appointed by the President and approved by the National Assembly. The
Ministers are then appointed by the Prime Minister and also approved by the National
Assembly.
At the May 20, 2007 election only the Vietnamese Fatherland Front, a front consisting of the
Communist Party of Vietnam, mass organizations and affiliated, and some non-partisans were
allowed to participate. 1 member is self-nominated and is not a member of the VFF. 42 seats
were won by non-party candidates. The president is elected for a five-year term by the
parliament. More than 99% of all candidates were selected by Communist Party and most of
them were from their own party.
Local election
People's Council is the local legislature of provinces and municipalities of Vietnam. People in
the provinces or municipalities elect a People's Council via a direct system. The number of
councilors of People's Council depends on the population of that province or municipality.
The People's Council is elected for a five-year term. The Chairman of People's Council is
elected from the councilors.
The People's Council elects a People's Committee as the executive body, thus an indirect
system. The People's Committee consists of a Chairman and a number of commissioners.
The Judge of the People's Court of each province or municipality is appointed by the Chief
Justice of the Supreme People's Court of Vietnam.
II.5.3. Candidates
People wishing to stand as an MP must be 21 years of age or over, be a British citizen or
citizen of a Commonwealth country or the Republic of Ireland. Disqualified people include
members of the House of Lords; and holders of certain offices listed in the House of
Commons Disqualification Act 1975.
Candidates must be nominated by ten parliamentary electors of the constituency they wish
to stand in. Each candidate's nomination must be proposed and seconded by two electors
registered in the constituency and signed by eight others.
Authorisation is required to stand for a specific party, otherwise candidates will be
described as independent or have no description. Candidates do not have to be backed by a
political party.
In order to encourage only serious candidates to stand, a £500 deposit is required when
submitting the nomination papers - returned if the candidate receives over five per cent of the
total votes cast.
Certain people are disqualified from standing as an MP - please check the Electoral
Commission website for further details.
II.5.4. Constituencies Of The Parliament Of The United Kingdom
There are currently: 533 constituencies in England; 59 in Scotland; 40 in Wales; 18 in
Northern Ireland.
II.5.4.1. Size Of Constituencies By Electorate
The number of people able to vote (the electorate) differs by constituency. The Office for
National Statistics gives the average electorate across constituencies of about: 72,200 in
England; 67,200 in Scotland; 68,300 in Northern Ireland; 56,000 in Wales.
II.5.4.2. Largest And Smallest Constituencies By Area
The largest constituency is Ross, Skye and Lochaber. It measures approximately 12,000
square kilometres. The smallest constituency is Islington North at 7.35 square kilometres.
II.5.4.3. Constituency Boundaries
Boundary commissions review boundaries. There are four commissions: Boundary
Commission for England; Boundary Commission for Scotland; Boundary Commission for
Wales; Boundary Commission for Northern Ireland.
Commissions recommend changes to boundaries about every 5 years. Changes may be due
to changes in population or local government boundaries. Both Houses of Parliament need to
agree any changes.
II.6. PRIME MINISTER OF THE UNITED KINGDOM
The prime minister of the United Kingdom is the head of government in the United
Kingdom. The prime minister chairs the Cabinet and selects its ministers, and advises the
sovereign on the exercise of much of the royal prerogative. As modern prime ministers hold
office by virtue of their ability to command the confidence of the House of Commons, they
typically sit as a member of Parliament and lead the largest party or a coalition in the House
of Commons.
The office of prime minister is not established by any statute or constitutional document
but exists only by long-established convention, whereby the reigning monarch appoints as
prime minister the person most likely to command the confidence of the House of Commons;
this individual is typically the leader of the political party or coalition of parties that holds the
largest number of seats in that chamber.
II.6.1. Powers Of The Prime Minister Of The United Kingdom
The powers of the prime minister of the United Kingdom come from several sources of the
UK constitution, including both statute and constitutional convention, but not one single
authoritative document. They have been described as "...problematic to outline definitively."
The UK has a fusion of powers, which means that the Prime Minister exercises functions in
both the executive and the legislature. As they are normally (but not necessarily) the leader of
the largest party in the House of Commons, they also usually have power over their respective
political party.
The status and executive powers of the British prime minister means that the incumbent is
consistently ranked as one of the most powerful democratically elected leaders in the world.
The prime minister makes all the most senior Crown appointments, and most others are
made by ministers over whom the prime minister has the power of appointment and
dismissal. Privy Counsellors, Ambassadors and High Commissioners, senior civil servants,
senior military officers, members of important committees and commissions, and other
officials are selected, and in most cases may be removed, by the prime minister. The prime
minister also formally advises the sovereign on the appointment of archbishops and bishops
of the Church of England, but the prime minister's discretion is limited by the existence of the
Crown Nominations Commission. The appointment of senior judges, while constitutionally
still on the advice of the prime minister, is now made on the basis of recommendations from
independent bodies.
Peerages, knighthoods, and most other honours are bestowed by the sovereign only on the
advice of the prime minister. The only important British honours over which the prime
minister does not have control are the Order of the Garter, the Order of the Thistle, the Order
of Merit, the Order of the Companions of Honour, the Royal Victorian Order, and the
Venerable Order of Saint John, which are all within the "personal gift" of the sovereign.
The Investigatory Powers Act 2016 (IPA) gives the PM the power to appoint the
Investigatory Powers Commissioner and other Judicial Commissioners, who oversee use of
the IPA. The PM can require the Commissioner to make a report to him at any time, and the
PM can exclude from publication any part of the Commissioner's reports if the PM decides it
meets certain criteria.
The PM appoints the chairman of the Armed Forces' Pay Review Body, and decides
whether to implement its recommendations.
Prime Minister Gordon Brown addresses the 2008 Labour Party conference. The prime
minister is leader of his or her political party. In recent decades the prime minister has been
either the Leader of the Conservative Party (UK) or Leader of the Labour Party (UK). As
such the PM has the powers over their party given to the leader by their party's rules at the
time.
Suspending or expelling MPs from the party. For example, in May 2009, prime minister
Gordon Brown suspended Elliot Morley from the Parliamentary Labour Party. In the
September 2019 suspension of rebel Conservative MPs, prime minister Boris Johnson
withdrew the whip (expelled from the Conservative party) 21 MPs, then later re-admitted
some.
Appointing some party officials. The Chairman of the Conservative Party and Treasurer of
the Conservative Party are appointed by the leader of the Conservative party, therefore by the
prime minister when the Conservative leader is prime minister. The Chair of the Labour Party
(UK) (different to the chair of Labour's National Executive Committee) is appointed by the
leader of the Labour party. For example, in the May 2006 reshuffle, prime minister Tony
Blair replaced Labour Chair Ian McCartney with Hazel Blears.
The party's governing body. The leaders can appoint/nominate some member(s) of the
Conservative Party Board and National Executive Committee of the Labour Party. For
example, prime minister Tony Blair refused to grant Chancellor Gordon Brown a seat on the
NEC in 2003,[84] but did so in 2005.
The UK has considerable international soft power. Following the poisoning of Sergei and
Yulia Skripal in 2018, a number of countries and other organisations expelled a total of more
than 150 Russian diplomats in a show of solidarity with the UK, a result largely attributed to
prime minister Theresa May. The Prime Minister was required to extend Brexit deadlines by
the European Union (Withdrawal) Act 2019 and European Union (Withdrawal) (No. 2) Act
2019 (now both repealed).
II.6.2. Responsibilities Of The UK’s Prime Ministers
The Prime Minister is the leader of Her Majesty’s Government and is ultimately
responsible for the policy and decisions of the government.
As leader of the UK government the Prime Minister also: oversees the operation of the
Civil Service and government agencies; chooses members of the government; is the principal
government figure in the House of Commons.
As Minister for the Union, the Prime Minister works to ensure that all of government is
acting on behalf of the entire United Kingdom: England, Northern Ireland, Scotland, and
Wales.
In modern era, the United Kingdom’s Prime Ministers lead a major political party, and
command a majority in the House of Commons (the Legislative arm), who is also the leader
of the Cabinet (the Executive arm). However, it should be noted that under the British system
of government, there is a unity of powers rather than separation.
The Premiership was not deliberately created as an official position, but has however,
evolved into a much-structured official power. The office gradually evolved over three
hundred years, and defined by customs in the form of conventions that later became generally
accepted by everyone. The Prime Minister’s relationship with the Sovereign, Parliament and
Cabinet was completely defined by these conventions until the twentieth century. Despite its
growing supremacy in the constitutional chain of command, the Premiership was accorded
with little formal recognition – the legal imaginary tale upheld was that the Sovereign still
governed directly. For example, many of the Prime Minister’s legislative and powers are
largely derived from Royal sanctions and are still formally vested in the Head of State – the
Sovereign.
Under this arrangement, UK appears to possess two independent executives: the Prime
Minister and the Sovereign. However, the notion of the crown settles this paradox. The Royal
Crown stands as a symbol of the state’s authority to govern – making laws and executing
them, imposing taxes and collecting them, declaring war and making peace. Until the
Glorious Revolution of 1688, the Sovereign had worn the Crown and exercised the powers it
stands for. Thereafter, Parliament gradually took Sovereigns out of the corridor of political
powers to a more neutral position. Parliament placed the Crown in commission, thereby
entrusting its authority to responsible Ministers including the Prime Minister and the Cabinet
crew, who are made accountable for their policies and actions to the Parliament and the
people Great Britain. Nevertheless, the Sovereign still wears the Crown and her sanction
powers are still legally intact – in practice, Parliament has taken everyday governance from
her, leaving her with three constitutional rights: to be kept informed, to advise, and to warn.
The Prime Minister is responsible for recommendations of dignitaries for honour in the
various annual special honours’ lists. The Prime Minister has a distinctive role in the area of
national security; being the national leader, the PM represents the country at global events,
such as, playing host to heads of government of other countries and international conferences.
The PM also appoints top civil servants.
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Dating back to the late seventies, it is gathered that quite a lot of key reforms of the civil
service has evolved. Margaret Thatcher (the then Prime Minister) highly scrutinised the civil
service commission; her civil servant reforms meant making the civil servants more efficient.
This effectively reduced the numbers of civil servants in office. The Blair government also
continued with this reform. This reform was, however, formally initiated by the previous
Conservative government, (Martin 2003:69-70). Notwithstanding, the leadership styles of
Prime Ministers have varied historically. Thatcher is famous with having a dominant
leadership style in which she had a direct approach, however, the political writer Martin J
Smith has described her leadership style as being autocratic.
Generally, the Prime Minister seeks advice from the Chancellor of the Exchequer and
treasury before economic, foreign policy proposal are made, nevertheless, the final decisions
are made by the PM who is central in shaping policies. Over the past forty-five years in the
UK government, Prime Ministers had to take an important role in various schemes bothering
the different quarters of the economy such as challenges facing the industrial trade unions and
issues in Northern Ireland. On the other hand, PM’s might delve into areas they fervently
believe in, which might sometimes risk being displeasing to other ministers. For example,
while Margaret Thatcher bought in the poll tax, James Callaghan the PM during the late
seventies intervened in educational and health matters, however, Tony Blair, on his opinion,
put into operation the millennium dome, had an enthusiastic interest in law and order and
supported President Bush in the Iraq war. Gordon Brown has made several decisions (such as
closing the gaps that exits in the tax haven) that he believes will lead his people out of the
current financial crisis.
The PM has the power to advise the monarch the arrangement of disbandment of
parliament within a five-year period. This strengthens the PM’s authority against the
oppositional parties; however, this political weapon can sometimes flop, for instances James
Callaghan in failing to call for a general election in 1978, while his predecessor Edward
Heath called an election in 1974, can mean defeat. Final decisions on election dates are
generally made after proper consultations with chief whips and cabinet have been initiated.
Historically, British Prime Ministers possess distinctive responsibilities to discharge healthy
governance to the people of Great Britain, notably in world wars and recent crisis like foot
and mouth and fuel crisis. Prime Ministers importantly must govern in a democratic way, by
getting a consensus if they are to do well in office.
The support of the party gives the prime minister the right and influence to carry out their
duties, relationships within the party are paramount and are two ways. The relationships the
PM has between cabinet ministers and close associates do not necessarily have to do with
personally as generally they are part of a structural relationship which is linked by the rules of
the Whitehall circle, which are made up of institutions of governments, past policy decisions
and by outside political and economic matters. Cabinet ministers and the prime minister have
resources available to them; however, to achieve this they have to go through a process of
exchange. This clearly has to do with the particular framework, which the prime minister
would have achieved on the election result, if the PM were unpopular in the polls, and then
they become more reliant on others for advice (Coxall et al 2003: 187-193; 2006: 182-202). A
prime minister has the most authority after an election victory.
II.6.3. Previous Holders Of This Role
21st century
The Rt Hon Theresa The Rt Hon David The Rt Hon Gordon
May MP Cameron Brown
2016 to 2019 Conservative 2010 to Labour 2007 to 2010
2016
20th century
The Rt Hon Tony Blair
Labour 1997 to 2007
George Canning
Tory 1827 to 1827 William Wyndham Grenville, 1st
Baron Grenville
Whig 1806 to 1807
Spencer Perceval
Tory 1809 to 1812
Henry Addington 1st Viscount
Sidmouth
Tory 1801 to 1804
George Grenville
Whig 1763 to 1765