The Constitution

Britain is a constitutional monarchy, without a written constitution. Some parts of the governmental system are written down in Acts of Parliament (also called ‘laws’ or ‘statutes’), others are regulated by ‘conventions’, which are commonly accepted assumptions about the way things should be done, mostly based on precedents.

The present system has developed from the settlements which were the outcome of the Glorious Revolution of 1688-89. King James II had ruled for two years without a parliament, and had used powers which almost all sections of the people considered to be unjustified. By the end of 1688 he found himself deserted, even by his army, and he left for France, throwing the Great Seal of England into the river Thames on his way. An assembly of members of former parliaments declared the throne vacant, and offered it to King James’s daughter Mary jointly with her husband William, who was also James’s nephew. The army that he brought with him from Holland met no resistance. Instead, he was welcomed.

This revolution was accomplished without violence. The hereditary monarchy was preserved, but full sovereignty was placed in the hands of “the King in Parliament”. The Act of Settlement (1701) and other statutes provided for a maximum interval between elections to the House of Commons (still on a very narrow franchise), and declared that new laws and taxes must be approved by Parliament and the monarch. But there was no formal restriction on the types of laws that might be passed. Any existing law could be replaced by another, provided that it passed through the prescribed processes.

The new King and Queen appointed ministers, at first without reference to Parliament. However, as time went on it became clear that the ministers could not work effectively unless they were approved of by the majority in the House of Commons. As that House consisted of two parties (Whigs and Tories), this came to mean that the ministers were all members of the party holding a majority of the seats. The foundations of modern government were soon established.

At first there was no chief minister, but soon after 1721 Robert Walpole came to be called Prime Minister, and later it became normal for all ministers to be appointed on the Prime Minister’s advice.

The principle of the ‘responsibility’ of ministers to the House of Commons became well established, though this has always been difficult to define. In theory it has two aspects, in its modern form. First, the House of Commons may force any minister to resign. Second, because the minister’s responsibility is not only individual but collective, if the Commons force one minister to resign the others either disown him or resign as well. In practice individual ministers resign either because they themselves have decided to or because the Prime Minister asks them to. In either case the opinions of the Members of Parliament (MPs) of the party may have some influence, without being expressed by formal vote.

If a government is defeated on a vote of confidence, it does not need to resign at once. Instead, the Prime Minister may ask the monarch to dissolve the Parliament for a new election. But any government with a clear majority of seats is unlikely to be defeated on a vote of confidence. Any MPs who vote no confidence in their own party’s government have reason to fear that in a new general election they will lose their seats.

As the system has developed, it gives almost unlimited power to a government whose party has an overall majority in the Commons. With no written constitution, any of the laws in force may be replaced by other laws, subject to the approval of the House of Commons and the monarch. Since 1949 the House of Lords has had no power except to delay the passing of a bill from one session of Parliament to the next. In practice this delay could be about three months. The need to get the Queen’s approval seems to be a worthless safeguard, as she normally acts only as her ministers advise her. If she should ever think that she ought to reject her prime minister’s advice, she would find no precedent for such action to guide her.

It can be assumed that if she were to act alone, the government would resign, she would be unable to find other ministers acceptable to the majority in the House of Commons, and she would be obliged to call a general election. In that case she would-be involved in party politics, and the whole status and position of the crown, as head of state and above party, would be destroyed.

In fact the existence of the monarch has until now provided some of the protection that a written constitution might provide against the improper use of governmental power. It is one of the most deeply respected of the rules or conventions of the unwritten constitution that the monarch should never be advised to act in a way which would seem to contravene the basis of the constitution, and so become involved in the controversies of politics.

Notes*

a convention – з’їзд, договір, конвенція a precedent, n. – прецедент to find oneself deserted - бути покинутим, залишеним to accomplish a revolution - здійснювати революцію a vote of confidence - вотум довіри tax, taxation - податок, оподаткування

assumption – припущення to assume – припускати violеnce, n. - сила, прагнення, насильство a franchise, n. - право голосу to contravene, v. - порушувати (закон) an improper use of power - зловживання владою

Talking Points *

Has Great Britain a written constitution?

Since when has the present constitutional system developed?

What was the provision of the Act of Settlement (1701)?

How did Prime Minister appear?

Who appointed ministers?

How does the principle of the “responsibility” of ministers work?

What happens if a government is defeated on a vote of confidence?

What are real powers of the House of Lords and the House of Commons?

Is the existence of monarchy in Great Britain justified?

Do you talk about the weather a lot…?!

· But the British do. They talk about the weather very often. For example, “Isn’t it a beautiful morning?” or “Very cold today, isn’t it?”, “Nice weather today, isn’t?” “It’s so hot today, I cannot stand it here!” “It is stifling today!” They talk about the weather because it changes so often. The climate is very variable. Wind, rain, sun, cloud, snow - they can all happen in a British winter - or a British summer.

· What they do not do a lot unlike us is shaking hands. This custom began hundreds of years ago by the soldiers. They shook hands to show that they didn’t have a sword. Now, shaking hands is a custom in most countries. In Britain you don’t shake hands with your friends and family. But you do shake hands when you meet a person for the first time. You also say “How do you do?” This isn’t really a question, it’s a tradition. The correct answer is exactly the same, “How do you do?”

· Manners are Important. In England... Do stand in line. In England they like to form orderly queues (standing in line) and wait for their turn e.g. boarding a bus. It is usual to queue when required, and expected that you will take your correct turn and not push in front. 'Queue jumping' is frowned upon.

· Do take your hat off when you go indoors (men only). It is impolite for men to wear hats indoors especially in churches. Nowadays, it is becoming more common to see men wearing hats indoors. However, this is still seen as being impolite, especially to the older generations.

· Do say “Excuse Me”. If someone is blocking your way and you would like them to move, say excuse me and they will move out of your way.

· Do Pay as you Go: Pay for drinks as you order them in pubs and other types of bars. Do drive on the left side of the road.

· Do say “Please” and “Thank you. ” It is very good manners to say “please” and “thank you”. It is considered rude if you don't. You will notice in England that we say 'thank you' a lot.

· Do cover your mouth. When yawning or coughing always cover your mouth with your hand. Do Smile. A smiling face is a welcoming face.

Дата добавления: 2015-08-18