Introduction to the British and American Political Institutions

Introduction to the British and American Political Institutions

Part 1: The British political system

Lecture 1: The monarchy

1. Introduction to the Monarchy

Constitutional monarchy: A system of government in which the head of state is a monarch whose power is shared with a constitutionally organised government.

Difference from a republic: Head of the state is a president, with more (USA) or less power (Ireland).

1. The sovereign and the branches of government

• Executive branch = British gov: HM (Her Majesty’s) Government
• Legislative branch = Parliament
• Judicial branch = The courts and judges

• The Sovereign and the executive:

The Svgn appoints the Prime Minister and the Cabinet. It can also use the Royal Prerogative (this allows the Svgn to take certain decisions without approval by Parliament), it’s also the head of armed forces.

• The Sovereign and the Legislative:

The Svgn needs to approve a bill which passes through Parliament before it becomes law: it’s a Royal Assent. All laws are made in the name of the Sovereign. The Svgn opens and prorogues Parliament, the only one who can do this (during the opening of Parliament reeds a speech explaining what laws their Gov plans to enact.

• The Sovereign and the judicial:

The Svgn is considered to be the Fount of Justice, the most important judges are appointed by the Svgn. The courts are run in the name of the Svgn (Her Majesty’s Court and Tribunal Service). Criminal cases are initiated by the Crown Prosecution Service (on behalf of the crown, Regina v Smith or R v Smith).

1. How much power does the sovereign really have?

The PM is the leader of the majority party in the House of Commons, the Royal Prerogative powers are almost all exercised on the advice of the Gvt. Any important decisions about the army are made by the Gvt.

When a bill has passed through Parliament, Royal Assent is a formality, the Svgn always assents.

The Queen’s speech is written by the Gvt. The decision to prorogue or to dissolve Pmt is determined by law, previously made by the PM.

Almost all judges are appointed by a Judicial Appointments Commission, they’re selected by a list of candidates

Conclusion:

The legislative, executive and judicial pwr previously held by the Crown has greatly diminished, it now plays a symbolic role in these institutions. We say that “the Svgn reigns but does not rule”

1. A Short History of the Monarchy

A gradual historical process, it resembles a rise and fall more than a gradual decline. The monarchy strengthened its power during the Renaissance, this brought it into conflict with Parliament: Parliament win and monarchy lost.

1. The Norman Conquest to the Magna Carta

Led by William the Conqueror, defeated King Harold at the Battle of Hastings and took control of most of England and Wales. Governed using a feudal system, noble families who helped William were rewarded with lands, they helped in return to maintain William on the throne. Also needed to have the Church on his side.

Abuse of Royal power: the relations between a King and his nobles was not always easy if he confiscated their lands, if he lost their lands in battle or if he abused of his royal pwr for example. At the beginning of the 13th century King John did all of these things. He also got in trouble with the Church and was excommunicated.

The main noble families rebelled against John in 1215, they forced him to promise down (limit his power) and made him sign it a document called the Magna Carta who is a very significant document in English constitutional history.

The main aspects of the Magna Carta: he would ensure the freedom of the Church, he wouldn’t require high taxes to be paid by his feudal lords, he wouldn’t detain a freeman arbitrarily, he would ensure trial by jury and he would accept a council of 25 barons to ensure that the Magna Carta was observed.

The Magna Carta was very significant symbolically in the long term: it established certain principles, the limitation of the King’s arbitrary pwr, he’s not above the law and he have to subject to it = this is the beginning of the rule of law. The necessity of a consultative body for the king and certain rights.

1. The Tudors

The 13th 14th and 15th centuries were unstable times for Kings, powerful noble families battled for the throne and two kings were deposed. This culminated in the War of the Roses (1455-1487), at the end Henry Tudor became King Henry VII because he was acceptable to both sides.

1. The consolidation of royal power

Henry VII banned noble families from maintaining standing armies, he also established a new court to eliminate rivals accused of treason. He reduced royal expenditure.

Henry VIII officialised the union between Wales and England through the Act of Union in 1536. He established the Privy Council, a cabinet-style council to help him govern. He also placed himself at the head of the Church through the Act of Supremacy in 1534, he effectively replaced the Pope and created the Church of England (Anglican Church).

1. The rise of Protestantism and the creation of the Church of England under Henry VII

The immediate cause was the Pope’s refusal to allow him to annul his marriage to his wife Catherine, he wanted to marry Anne Boleyn. The Church was also a source of enormous wealth. The Protestant reformation was sweeping Europe.

The rise of Protestantism was led by Martin Luther. He challenged the church’s position and proposed a certain number of reforms to improve it (abolition of “buying salvation”, introduction of national languages rather than Latin, emphasis on reading the bible, less dependence on the Rome’s authority, priests allow to marriage).

1. Henry VIII’s legacy and successors

More royal pwr, less national unity → divisions emerged between Protestants and Catholics, between radical and moderate Protestants (Anglicans vs Presbyterians). These divisions eventually led to Civil War.

Henry VIII’s successors: Edward VI (1547-53), Mary I (1553-58), Elisabeth I (1558-1603) who imposed Anglicanism.

Elisabeth died in 1603 without leaving an heir, she was succeeded by her cousin James VI of Scotland, he became James I of England and began the Stuart dynasty.

          (c)  The Stuarts

          i.        James I idea of monarchy

The new king had a very clear idea of his role, he wrote a book about it, an absolutist vision of monarchy.

Parliament was more influenced by Protestant ideas of challenging absolute authority. It was also composed of members who were becoming wealthier and more powerful. They didn’t want to be completely ignored by the King, a clash was inevitable.

         ii.        The clash between King and Parliament.

The King wanted Parliament to approve the taxes he needed, in exchange Parliament wanted a bigger role in government (more anti-Catholic laws, alliances with Protestant countries, control over how taxes were spent) and they also wanted royal prerogatives to be

limited (selling of monopolies).

• James I

Puritans wanted the King to reform the church more, like what was happening in Scotland with Presbyterianism. The King wanted to keep much of its existing structure.

• Charles I

Charles I wanted to rule without Parliament, Parliament fought hard to resist this. He accused nine Parliamentarians of treason, arrest them and suspended Parliament → he ruled for 11 years on his own called “The 11 years Tyranny”.

1640: Charles needs Parliament again. A war broke out with Scottish Presbyterian rebels, they refused to accept Charles’s attempt to control religion. Charles needed money to fund his war (he needed Parliament), the tide was turning against the King.

The balance of Parliament Swings towards Parliament: Parliament passed an act requiring Parliament to be summoned at least once every 3 years.

In 1641, rebellion broke out in Ireland and Parliament was afraid that Charles would use his army in Ireland to supress Parliament, they voted a Grand Remonstrance against the King. They also wanted to place the army under their control.

        (d) The English Civil War and the Commonwealth

Charles suspected 5 puritan MPs of treason, he went to Parliament with a group of soldiers to arrest them, they had already fled. Charles asked the speaker where they were and left London.