2. The system of government

Britain is a democracy, yet its people are not, as one might expect in a democracy, constitutionally in control of the state. The constitutional situation is an apparently contradictory one. As a result of an historical process, the people of Britain are subjects of the Crown, accepting the Queen as the head of the state. Yet, even the Queen is not sovereign in any substantial sense since she receives her authority from Parliament, and is subject to its direction in almost all matters. In short, she 'reigns' but does not rule. Technically, if confusingly, British sovereignty collectively resides in the three elements of Parliament: the Crown, and Parliament's two chambers, the House of Lords and the House of Commons.

This curious situation came about as a result of along struggle for power between the Crown and Parliament during the sixteenth and seventeenth centuries. In 1689 Parliament won that struggle, because it controlled most of the national wealth. It agreed to allow the Crown to continue to function within certain limits and subject to Parliament's control. No constitution was written down either then or since, and the relationship between Crown, government. Parliament and people - and their respective constitutional powers - has been one of gradual development in three vital respects:

parliamentary 'sovereignty'; an independent judiciary; and consolidation of the rule of law. Various elements of what is usually considered 'the constitution' appear in different laws and conventions, but they are not specified as such. The state - itself sometimes called the Crown -operates on precedent, custom and conventions, and on unwritten rules and assumptions. Operating on precedent, custom and common sense is a very British arrangement, and the British have traditionally felt uncomfortable with a constitution based either on logic or theory.

The Crown

The reigning monarch is not only the head of state but also a symbol of the unity of the nation. The monarchy is Britain's oldest secular institution, its continuity for over 1,000 years broken only once by a republic that lasted a mere 11 years (1649-60). The monarchy is hereditary, the succession passing automatically to the oldest male child, or in the absence of males, to the oldest female offspring of the monarch. By Act (or law) of Parliament, the monarch must be a Protestant. Succession is automatic on the death of the monarch, confirmed later by a formal coronation ceremony. The coronation of Queen Elizabeth II in 1953, for example, took place over a year after she became queen. In law the monarch is head of the executive and of the judiciary, head of the Church of England, and commander-in-chief of the armed forces. However, since 1689, the monarch's sovereign powers have been formally limited by the idea that national sovereignty resides in 'the Crown in Parliament' -the idea that the Crown is only sovereign by the will of Parliament.

The remaining powers of the monarch are basically to summon, suspend until the next session and dissolve Parliament; to give royal assent to legislation passed by Parliament; to appoint government ministers, judges, officers of the armed forces, governors, diplomats and bishops of the Church; to confer honours, such as peerages and knighthoods; to remit sentences passed on convicted criminals; and finally to declare war on or make peace with an enemy power. In practice, of course, with the exception of a few honours she is free to decide herself, the monarch discharges all these functions on the direction of the government. In most matters of state, the refusal of the Queen to exercise her power according to the direction of her Prime Minister would risk a serious constitutional crisis.

Nevertheless, the function of the monarch is politically important. For as someone who reigns but does not rule, the sovereign separates the 'magic' of sovereignty, publicly visible in many ceremonies, from the power of the executive head of state. This contrasts with executive presidential systems of government. Away from the public gaze, the monarch plays a more practical role. The Queen is visited regularly by her Prime Minister to receive an account of Cabinet decisions and to be consulted on matters of national life. Since 1952 the Queen has given weekly audience, as it is called, to 11 Prime Ministers, some of whom have highly valued these meetings,

Whitehall - the seat of government.

'Her Majesty's Government' governs in the name of the Queen, and its hub. Downing Street, lies in Whitehall, a short walk from Parliament. Following a general election, the Queen invites the leader of the majority (or largest, in the absence of an overall majority) party represented in the Commons, to form a government on her behalf. Government ministers are almost invariably members of the House of Commons, but infrequently members of the House of Lords are appointed. These are at a disadvantage since it is in the Commons that the government is expected to explain its conduct of affairs. All government ministers, even the Prime Minister, who are members of the Commons, continue to represent the parliamentary 'constituencies' which elected them. Unless the government is a coalition - the last of these was formed during the war years 1939-45 - governments today are drawn solely from one political party. But this has not always been so. During the nineteenth century leading politicians were far freer to follow their own convictions or ambitions rather than party discipline.

Most governments consist of about 100 ministers, but the essential core is the Cabinet, the 20 or so most senior ministers invited by the Prime Minister to belong to it. Cabinet government demands collective responsibility and confidentiality. Within the Cabinet the Prime Minister is meant to be first among equals. In theory this encourages balance and prudence in both policy and action. In practice the Cabinet principle can give rise to tension. While a Prime Minister must give strong leadership, he or she must allow for each minister to exercise responsibility within their field and should encourage collective decision-making on controversial issues, particularly ones beyond the responsibility of one ministry.

In fact Prime Ministers have much more power than first among equals. They enjoy undisputed political leadership. Ministers must obey their will, or persuade the Prime Minister of their own point of view. If a clash of wills cannot be resolved, the minister must resign. In 1989 the Chancellor of the Exchequer (responsible for finance) suddenly resigned after persistent rumours about the Prime Minister's overbearing manner in Cabinet. In explaining his resignation, he gave a classic definition of the Cabinet principle: 'For our system of Cabinet government to work effectively, the Prime Minister of the day must appoint ministers that he or she trusts and then leave them to carry out the policy. When differences of view emerge, as they are bound to do from time to time, they should be resolved privately and, wherever appropriate, collectively.' The ex-Chancellor made this statement to the House of Commons, for all ministers are accountable to it. Although not the case on this occasion, once the confidence of a majority of his or her colleagues has been lost, a Cabinet minister has no choice but to resign. Because of the enormous increase in government business, all senior government ministers - most of whom have the title of Secretary of State - have junior ministers (Ministers of State or Parliamentary undersecretaries) to help with the workload. They are all subject to the rules of collective responsibility and must not disagree publicly with government policy.

Although government is essentially political, it depends upon a permanent body of officials, the Civil Service, to administer the decisions of ministers, and to keep the wheels of government -in its broadest sense - turning. The Civil Service, employing almost 500,000 people, is expected to discharge its responsibilities in a politically impartial way. Civil servants must be as loyal to an incoming government as to the outgoing one, however much as private individuals they may be pleased or dismayed at the change of government. Those civil servants wishing to stand for Parliament must first resign from the Civil Service.

The heart of the Civil Service is the Cabinet Office, whose Secretary is the most senior civil servant at any given time. The responsibilities are considerable, including the proper and smooth running of the whole Civil Service as well as serving ministers collectively in the conduct of Cabinet business and ensuring the coordination of policy at the highest level. In each ministry or department the senior official, or Permanent Secretary, and his or her immediate subordinates, undersecretaries and assistant secretaries, remain responsible for assisting their minister in the implementation of government policy. The Permanent Secretary does not really have a counterpart either in Europe or the United States.

In practice the implementation of policy is a two-way process - cleverly portrayed in the 1980s in two famous satirical television series. Yes, Minister and Yes, Prime Minister- in which alongside genuine cooperation there is also a permanent trial of strength between the political will of the minister and the concern of civil servants to minimise departures from known and trusted methods of government. Both sides are tempted to view the other as a potential obstacle to good government, but both also moderate the dangers implicit in one or other party enjoying unchallenged powers. In the words of one ex-minister, the Civil Service is 'a beautifully designed and effective braking mechanism. It produces a hundred well-argued answers against initiative and change.

There is a strong tradition of loyalty on the part of civil servants towards their ministers. A good example is recalled by a minister, who having rejected very strong advice from his (unusually) female permanent secretary, instructed her to draft the policy paper he wished to put to Cabinet. She produced a paper that was 'terse, clear, strongly argued and very convincing' for a policy with which she did not agree. As he recalled, 'She had had her say, the internal argument was over ... from now on it was her job to help me persuade my colleagues of its wisdom.' A minister and his or her senior civil servants will be the strongest of allies in fighting for the interests of their department, or ministry, against competing ones, particularly in the allocation of the financial budget.

Westminster - the seat of Parliament

Her Majesty's Government, in spite of its name, derives its authority and power from its party representation in Parliament. While the government machinery is frequently referred to as 'Whitehall', Parliament is known as 'Westminster', since it is housed in the Palace of Westminster, once a home of the monarchy. Like the monarchy, Parliament is an ancient institution, dating from the middle of the thirteenth century.

Parliament is the seat of British democracy, but it is perhaps valuable to remember that while the House of Lords was created in order to provide a council of the nobility for the king, the Commons were summoned originally in order to provide the king with money. The more money a king demanded, the more the Commons questioned its use. Because of its growing financial power, its ability to raise or withhold money, the House of Commons eventually - from the seventeenth century onwards - gained power not only in matters of finance but also of legislation over both the monarch and also the Lords. Parliament is the supreme legislative body of the state. Free from the constraints of a written constitution it may make any laws it pleases. It could even prolong its own life without consulting the electorate, if it chose to do so. Thus Parliament, rather than the will of the people, is clearly the real sovereign power in the state. The only guarantee against parliamentary tyranny 15 trie sense of tradition and reasonableness of its members.

form of 'elective dictatorship', an important qualification on the idea of Britain as a democracy.

Furthermore, in practice it is not Parliament as a whole which is sovereign, but the government of the day and its supporters, since they almost invariably form a majority in the Commons. For the duration of its normal term, five years, the government of the day may enact or implement its policies, so long as it can ensure party support in the Commons. In the words of one distinguished and long-serving parliamentarian who has sat in both the Commons and the Lords, Britain's parliamentary system is in practice a form of 'elective dictatorship', an important qualification on the idea of Britain as a democracy.

Parliament's functions today are to pass laws, to raise enough money through taxation to enable the government to function, to examine government policy and administration, particularly its financial programme, and to debate or discuss important political issues.

The life of a Parliament is not fixed, and the government of the day may call for a general election at any time during its five-year term. Each Parliament is divided into annual sessions, running normally from October to October with breaks for public holidays and for a long summer 'recess' (usually late July until October).

The electoral system

For electoral purposes the United Kingdom is divided into constituencies, each one of which elects a Member of Parliament to sit in the House of Commons. To ensure equitable representation four permanent Boundary Commissions (for England, Wales, Scotland and Northern Ireland), make periodic reviews to adjust electoral bound­aries and redistribute seats. Today there are 659 seats in the Commons, one seat on average for every 65,000 electors.

All British citizens (and also citizens of the Irish Republic resident in the UK) may vote, provided they are aged 18 or over, are registered, and are not disqualified by insanity, membership of the House of Lords or by being sentenced prisoners. Voting is not compulsory, and a general election normally attracts about 75 per cent of the electorate, a decline in participation of about 8 per cent since 1945. The candidate in a constituency who gains most votes is returned as Member to the Commons. In this 'first-past-the-post' (FPTP) system, other candidates, even if they come close to the winner, will not get a seat in Parliament.

If a Member of Parliament resigns, dies or is made a peer during the lifetime of a Parliament, a by-election must be held in his or her old constituency to elect a new member. No candidate requires the backing of a political party in order to stand for election, but it is very rare for an independent candidate to be elected. MPs are normally chosen by the constituency branch of the party, from a list of suitable candidates issued by the party headquarters. Where the winning party in an election only just gains the greatest proportion of the national vote, this can lead to a substantial distortion of democratic will in actual representation in the Commons. The 1987 and 1997 election results clearly reveal the problem.

The party system

The political party system has evolved since the eighteenth century, and since the first half of the nineteenth century has been essentially a two-party system. Today, this two-party contest is between the Conservative Party (still known by their previous nickname, the 'Tories') and the Labour Party, which emerged at the end of the nineteenth century as a result of the introduction of universal male suffrage and the decline of the Liberal Party.

The Conservative Party is the party of the Right, identified with the idea of economic freedom and until 1979 with'the idea of resistance to change. It has successfully portrayed itself as the party of patriotism. As in the nineteenth century, it appeals to a 'property-owning democracy', and as a result its support tends to lie with the wealthier classes, receiving much money from major business and financial institutions. It gives emphasis to the importance of law and order, and the maintenance of strong armed forces to protect British interests.

Labour is preeminently the party of social justice, though its emphasis is less on equality than on the achievement of well- being and opportunity for all members of society. It tends to give the collective well-being of society slightly more importance than individual freedom. It was once committed to public ownership of major industries, and to economic planning. It now favours an entrepreneurial but socially aware economy. The trade union movement, which founded the Labour Party, has lost the influence it once had over the party.

The Liberal Party, which traces its origins to the eighteenth century 'Whigs', merged with the new Social Democratic Party in 1988 to become the Liberal Democrats, after fighting the 1987 election unsuccessfully as an alliance of both parties. It seeks to attract the votes of the middle ground between Labour and the Conservatives, but has also tended to attract opponents of the Conservatives, dominant in the south of England, and opponents of the Labour Party, dominant in the north. It is the party keenest on constitutional and electoral reform. It also prides itself on being less tied to either capitalist or union interests, and being free to offer more radical policies.

Since 1945 the Conservatives have formed eight governments and Labour seven, although in practice during the period 1945-97 the Conservatives have governed for 36 years and Labour for only 1 7. Domination of the Commons by the Conservatives, 1979-97, revealed the weakness of the first-past-the-post electoral system. They have enjoyed a large majority in successive parliaments although at the elections of 1979, 1983, 1987 and 1992 more people voted against the Conservative Party than voted for it.

The House of Commons

The dynamic power of Parliament lies in the House of Commons. Its 659 members represent 529 constituencies in England, 40 in Wales, 72 in Scotland and 18 in Northern Ireland. There are only seats in the Commons debating chamber for 370 members, but except on matters of great interest, it is unusual for all members to be present at any one time. Many MPs find themselves in other rooms of the Commons, participating in a variety of committees and meetings necessary for an effective parliamentary process.

The shape of the Commons debating chamber makes an important comment on the political process in Britain. Unlike many European chambers which are semicircular, thus reflecting the spectrum of political opinion in their seating plan, the Commons is rectangular, with the Speaker's (the presiding MP) chair at one end, and either side of it five rows of benches running the length of the chamber. On one side, to the Speaker's right, sits Her Majesty's Government and its supporters, and on the other Her Majesty's Opposition, composed of all Members who oppose the government. The front benches on either side are reserved for members of the Cabinet and other Ministers, and Opposition spokesmen, known as the 'Shadow Cabinet', respectively.

Behind them and further down the chamber sit MPs from their own party, known as 'back-benchers'. The layout hints at two features of British political life: that it has traditionally been a two-party system and that the process is essentially adversarial (indeed, a red line on the floor in front of each front bench still marks the limit - a little more than two swords' lengths - beyond which a Member may not approach the opposite benches). The Speaker is chosen by a vote of the entire House, although in practice the party leader consult their supporters in order to achieve informal agreement beforehand. The Speaker is responsible for the orderly conduct of business, and is required to act with scrupulous impartiality between Members in the House. In the words of one past Speaker, 'It's not my duty as Speaker to bend arguments in any way, but to ensure that everything that happens here is seen clearly by those who put us here. We are, after all, the servants of those who put us here: the electorate.' The Speaker is assisted by three Deputy Speakers. Unlike peers, who can only claim expenses, MPs are paid salaries, approximately twice the average national wage, but substantially less than most MPs could earn outside the Commons.

The House of Lords

The upper chamber of Parliament, the House of Lords, is not democratic in any sense at all. It consists of four categories of peer, totalling 1,197 members in 1996. The majority are hereditary peers, currently about 750, of whom only about half take an active interest in the affairs of state. A smaller number, about 400, are 'life' peers - an idea introduced in 1958 to elevate to the peerage certain people who have rendered political or public service to the nation. The purpose was not merely to honour but also to enhance the quality of business done in the Lords. Only one-quarter of these life peers are women. All life peers are created on the recommendation of the Prime Minister of the day, with nominations also sought from opposition parties. Nine of the most senior judges, the Lords of Appeal in Ordinary (commonly known as the 'Law Lords'), are also entitled to sit in the Lords. Finally, alongside these secular peers, the Lords Temporal, are the 26 most senior bishops and archbishops of the Church of England, the Lords Spiritual. The Law Lords and the Lords Spiritual are the ancient non-hereditary component of the Lords.

Until 1911 the Lords were able to reject draft laws, known as bills, passed in the Commons, and thus frustrate not only the government of the day, but also the will of the Commons. Since then the Lords have been unable to challenge financial legislation, and have only been able to delay other legislation (since 1949 for no more than one session) but not prevent it. Their only other surviving discretionary power is to veto an attempt by the Commons to prolong its own life beyond its five-year term. The role of the Lords, therefore, is now more to warn than to frustrate over-zealous governments, and they have done this more by the proposition of amendments to legislation which causes them unease, than by direct opposition.

Although there are over 1,000 peers entitled to sit in the House of Lords, average daily attendance is only about 300 and most of these are life peers who retain a strong interest in the affairs of state. The Lords conduct their business in a far more orderly fashion than the Commons. The House is presided over by the Lord Chancellor, the senior law officer of the state. The position is not like that of the Speaker, for the Lord Chancellor is not impartial, but a government officer. He or she is responsible for the administration of justice and is also an automatic member of the Cabinet.

A larger number of peers support the Conservative Party than the other parties. Those active peers who support Labour or the Liberal Democrats, plus the independent peers (who have 'cross-benches' across the back of the chamber to sit upon), are together almost the same in number as the Conservatives. This preponderance in favour of the Conservatives arises partly because the majority of hereditary peers sympathise more with the Conservative Party than its opponents. Also Labour declined to nominate candidates for life peerages for a period during the 1980s since its party policy included abolition of the Lords, on the grounds that it was an undemocratic anachronism. Despite this preponderance, however, no Conservative government can be absolutely sure of a majority, if its proposals are controversial. Peers, of whatever party loyalty, are far freer to vote according to their own convictions, rather than party policy, than are members of the Commons.

Parliamentary procedure

Each parliamentary session begins with the 'State Opening of Parliament', a ceremonial occasion in which the Queen proceeds from Buckingham Palace to the Palace of Westminster where she delivers the Queen's Speech from her throne in the House of Lords. Her speech is drafted by her government, and describes what the government intends to implement during the forthcoming session. Leading members of the Commons may hear the speech from the far end of the chamber, but are not allowed to enter the House of Lords. During the next five or so days, the government and Opposition debate aspects of the Queen's Speech in the Commons and vote on the amendments which the Opposition proposes. Since the speech is a statement of policy, defeat on any such vote would oblige the government to resign.

For most of the year the Commons adopts a routine of meeting each weekday afternoon, and 'sitting' until about 10.30 p.m. although it sometimes sits beyond midnight. On Fridays the Commons sits from 9.30 a.m. through to 3.00 p.m., rising early in order to allow MPs to return to their constituencies for the weekend, where they must make themselves available and accessible for local matters, complaints and attendance at formal functions. The proceedings of Parliament are public, and space is available for a small number of people, especially the press, to listen. Since 1803 the proceedings of Parliament have been published the following day as Hansard, named after the man who first began to publish the record. Proceedings of both Houses are also now televised, the-Lords since 1984 and the Commons since 1989. The manner in which business is conducted is the result of custom and precedent, from which have emerged 'standing orders' which govern the details of practice in each House.

Each day begins, after brief opening formalities, with Question Time, lasting approximately an hour. MPs are able to ask ministers or other MPs questions on any point they may choose. Questions must be handed in 48 hours ahead, to allow ministers and their departmental staff time to prepare an answer. Naturally, both the Opposition and the party of government seek to use this period in order to reveal the weakness of their opponents. Once a minister's formal answer has been given, supplementary questions may be asked which the minister is expected to answer. Ministers and their civil servants are expected to have anticipated what further questions may be asked. Supplementary questions are used by the Opposition to outmanoeuvre a minister and reveal a weakness in government policy, or by an MP anxious to persuade the government to modify its course of action. On two afternoons each week the Prime Minister will answer questions on general policy matters. These occasions are usually the most lively.

After Question Time, the main debate of the day takes place. Time is given on 24 days during a session for individual MPs representing neither government nor Opposition to introduce debates or 'private Members' bills'. But most of the time available in any parliamentary session is devoted to scrutiny of government spending, and debating new bills the government wishes to introduce. The system of debate is much the same in both chambers. It originates in a 'motion' (a proposal) 'moved' (proposed) by a minister or Member of the House. The Speaker then proposes the question as a subject of debate.

This is not as spontaneous as it may seem. The Leader of the House (appointed by the government) agrees with the Prime Minister the general business, including debates, which they want. The Leader of the House has cabinet rank, and is responsible for planning the transaction of government business in the Commons (a Leader is appointed in the Lords also), and for enabling proper debate of those matters of concern to the House. Twenty opposition days each session allow the Opposition to choose the subjects for debate. At the end of a debate the Speaker asks MPs if they accept the motion. If there is disagreement, there is a division as MPs enter either the 'Aye' (yes) or 'No' lobbies, corridors running either side of the Commons chamber. A bell rings throughout the House six minutes before the lobby doors close to enable MPs, wherever they may be in the House, to vote. Party 'whips' (or managers) stand outside the door of the lobby into which they expect their party's members to pass. Unless it is a free vote, members who ignore party policy risk the strong displeasure of the party leadership. Indeed, the leadership may 'withdraw the whip' from a disobedient member, in other words suspend him or her from party membership either temporarily or in a few cases, expel that member from the party. Without membership of the party, an MP's political career is only likely to last until the next general election.

Parliament's most important function is to create law. A draft law takes the form of a parliamentary bill. Most of these are public bills, implementing government policy. A bill is normally only drafted after exhaustive consultation with concerned professional, voluntary and other agencies. Proposals sometimes take the form of 'white papers', stating government policy, which can be debated before a bill is introduced. 'Green papers' are published when the government wants a full public discussion before it formulates its own proposals.

The process of passing a public (or government) bill is similar in both Houses. Its publication in printed form is announced in the chamber, and this announcement is called its 'first reading'. Its 'second reading', usually a few weeks later, is the occasion for a full debate in the House, unless there is general assent that a debate is unnecessary. If necessary the bill is passed to a committee which considers whether amendments would be desirable in the light of MPs' criticisms or concerns. At the 'third reading' the revised bill is considered in its final form, and a vote taken if necessary. The bill then passes through the Lords in a similar fashion. Once a bill has completed its parliamentary procedures, it is sent to the Queen for royal assent (the third formal element of Parliament), by which it passes into law as an Act of Parliament. Royal assent has not been refused since 1707.

Parliamentary committees

It is natural that in both the Commons and the Lords committees should be formed to consider specific matters or bills passing through Parliament. The Commons have a number of 'standing committees' which examine bills during the procedural stages until they become law. Scotland, Wales and Northern Ireland are all represented by permanent standing committees. In addition, standing committees are appointed to consider specific bills. Between 16 and 50 MPs are normally appointed to a standing committee, usually reflecting the balance of party representation in Parliament.

In 1979 a new and important 'select committee' system was created to examine and monitor government departments and policies, and the manner in which ministers discharge their responsibilities. One reason for doing this was the difficulty individual MPs had in scrutinising government activity adequately. Another was the increase in party discipline which made it difficult for MPs to act independently of party policy. Members of the governing party tended to support government policy and action; those of the opposing party tended to criticise it. There had already been one or two select committees for particular matters, but this was the first time a comprehensive scrutinising of government departments had been attempted.

The select committee system consists of 17 individual committees 'shadowing' the expenditure, administration and policy of the main government departments. Each committee has a more or less permanent cross-party membership, all of whom have acquired considerable expertise in their respective fields. They give an opportunity for MPs to act more independently of their party than they are able to do in the debating chamber. During the period of Conservative government in the 1980s, for example, a number of select committees, including their Conservative members, were strongly critical of the government.

This, briefly, is the constitutional and political system of Britain. As will be seen in the following chapter, the system as currently operated gives rise to considerable controversy. Some people are dissatisfied with its fundamental principles, and others with what they believe are the dangers of the way the system actually operates.