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Elections in GB

   During XIX and XX centuries people of British isles have achieved known democratization of suffrage and significant expansion of a circle of voters due to removal of many electoral qualifications.  All persons over 18 years of age may vote in parliamentary elections provided they are British subjects or citizens of the Irish Republic and are registered in the register of electors. The only exception are peers (who already have seats in the House of Lords), and persons who for obvious reasons are not eligible to register as voters, e.g. aliens and persons of unsound mind.

   Every person who is a British subject aged 21 or over and is not otherwise disqualified, has the right to stand for election. Those who are disqualified include members of the House of Lords, clergy of the Church of England, the Church of Scotland, the Church of Ireland and the Roman Catholic Church, civil servants, members of the regular armed forces and the police forces and holders of judicial offices.

The system of registration of candidates is simplified as much as possible: the nomination paper of each candidate must be subscribed (signed) by two electors as proposer and seconder, and by 8 other electors as assenting to the nomination. The candidate must pay a deposit of 500 English pounds, if he fails to obtain .5 per cent of the votes cast, his deposit is forfeited (he loses his deposit).

   In Britain where in political life prevail the system of two leading political parties, independent candidates have little chance of success. However, small political parties prefer to cooperate with leading parties in order to pass common candidates to parliament.

British electoral majority system, based on principle of relative majority, doesn’t suppose the second round in voting: the candidate who wins the most votes is elected, even if he or she does not get as many as the combined votes of the other candidates. Therefore there is a significant difference between amount of votes for candidates from political parties and amount of the places received by them in parliament.

   This notoriously known British rigid electoral majority system quite often leads disproportionate representation of public parties and movements in a legislative body of the country, and sometimes and to the government of minority, for that is fairly criticized by the countries of the European commonwealth using other softer democratic forms.

 

English Constitution (1)

In England, differ from many other European countries. There is no constitution made as the single main law of the country. The English Constitution is a set of customs, precedents, traditions and laws established through many centuries. Thus, the English Constitution can be spoken about only conditionally.

Components of the English Constitution are the constitutional customs and advisory norms (the options of authoritative lawyers) having almost the same force, as well as the constitutional customs.

English jurists try to explain the absence of the fixed constitution by that in England the principles of parliamentary leadership and civil law have already been completely carried out. Actually, the absence of the constitution enables the ruling party interpret rights and duties of citizens as how it counts it rational and favorable at present time, filling the old form (customs, traditions, conventions, etc.) with the new maintenance.

 

British Constitution (2)

British Constitution is unwritten constitution. The Act which should be officially enacted as the main law (Constitution) in Great Britain does not exist. The unwritten constitution consists of three categories: 1) norms of the statute law, 2) norms of the case law, 3) norms of the constitutional customs.

The statute in Great Britain is called the act enacted or approved according to the established procedure by chambers of the Parliament and signed by the head of the government. Therefore, a set of statute norms has been called the statute law. Naturally, the norms of the statute law are not only norms of the state law, but also norms of other branches of the law – criminal, civil, etc. British governmental specialists attribute the statutes of the constitutional importance to the Bill of Rights (1689), the Act of Settlement (1701), the Parliament Acts (1911 and 1949), etc. Magna Carta (1215) is also the constitutional document.

Judicial precedents have become a source of the law since an era of early feudalism: since 13 century there was a system of judicial precedents called “the common law”, and since 15 century – another system of judicial precedents called “Equity”. After the judicial reform of 70^th years of 19 century the competence of general courts has included the using of the common law and equity. Thus, a uniform case law has appeared. Its frameworks have been extended by the precedents containing the interpretation of the statute.

The unwritten British Constitution includes, certainly, not all norms of the case law, but only those by which the important questions of the state law are adjusted.

 

 

 

 

 

 

 

 

 

 

 

 

Constitution of the GB (3)

A Constitution is a set of rules which define the relationship between the various organs of government and between the government and citizens of a country.

Its purpose is to set parameters of government power and the right and duties of citizens.

The overall majority of countries have the written constitution.

But there is not the written constitution in the UK. But the statement that the British Constitution is not written doesn’t mean that there is not any constitution at all.

The Constitution of the UK is set of customs and conventions which in sum with several laws regulate the work of the parts of executive system in the UK.

But those laws, containing the norms of the constitution nature don’t have special status and can be replaced by the same procedure as the common Acts.

The Bill of Rights is valid (remains in force) at present.

The Constitution of the GB is made up of statutes, judicial precedents, Constitutional Conventions and doctrines.

The British Constitution is flexible.

Its flexibility makes it responsive to political and social changes in present-day life.

Unwritten constitution can be simply changed since Parliament as the supreme legislative body can change any law at any time by simple Act and without any special procedure.

The statement that the British Constitution is not written doesn’t mean that the British citizens possess no important constitutional documents; it merely means that the constitution is not embodied in any single document, or series of documents, containing essential constitutional laws.

Thus the British citizens have many enactments which either have been or still are, of great importance.

As a case in point we should mention: Magna Carta (1215), The Bill of Rights (1689), the Act of Settlement (1700) and the Parliament Acts (of 1911 and 1949).

 

Constitution of Great Britain (3)

Constitution is the set of rules, orders, definiting relations between different government’s bodies and between government and citizens of the country. It’s purpose is setting/definiting power o government, rights and duties of citizens.

The overwhelming majority of states have written constitution absents in Grest Britain but it is not mean that there is no constitution in Great Britain absolutely. Constitution of the UK consists of customs and conventions which provide the regulation of activity British system of administration. But these laws have not special statute and can’t be changed as common law. Bill of rights has power at the present time.

Sources of British constitution are statutes, court rules, constitutional conventions, doctrines. British constitution is flexible. Not written constitution can be changed easily as parliament can change any bill without special procedure at any time.

British constitution is not written in any single document, but it doesn’t mean that this country has not main constitutional documents. It means that constitution of GB is not a single document or series of documents, containing basic constitutional rights.

There are many legislative/normative acts, having constitutional importance, in GB. For example, Magna Carta, Bill of rights, Bill of heritage, Parliament’s acts.

 

A constitutional monarchy (power of the monarch)(5)

        The Great Britain is the parliamentary democracy with constitutional monarch - Queen Elizabeth II - in the head of the state. Political stability of the state in many respects is provided owing to (thanks to) a monarchy.

         The monarch (a king or a queen) is the official head of the State and formally is the source of sovereign authority. The terms “Monarch” and “the Crown” are related. Powers of the monarch can be subdivided on two groups: prerogative and status. Every autumn regular session of Parliament is opened by the Queen who is acting (participating) on joint session of chambers with the throne speech prepared by the Government. In it the next program of the Government is stated. The royal prerogative also includes the right to dissolve the House of Commons. The Queen appoints the Prime Minister who is the leader of the political party which has a majority in the House of Commons. The Queen has a right to appoint government ministers. She appoints judges and has a right to show mercy or pardon. As Commander-in-Chief of all armed forces, she appoints officers and awards various titles and honors to the officers of army and fleet. The Queen also has a power to appoint diplomatic representatives, to conclude international treaties, to declare war and to make peace.      The constitution requires the Queen to be impartial in politics and she can act only on the advice of her ministers who are politically responsible for what she does.

 

 

 

 

 

 

 

 

 

 

 

British Constitution (sources of law) (4)

Sources of British constitution are statutes, judicial precedents, the constitutional customs (the constitutional agreements), doctrines. The British Constitution is rather flexible, because the Parliament of the country can make or cancel any law with the same case and by the same procedure.

Statute law. This part of Constitution is formed only by statutes, that is acts accepted in order if identical edition by both chambers and authorized by the monarch.

Case law. It is a set of judgments on the constitutional questions, obligatory for courts to hear analogical cases in the future. The system of the case law consists of the common law and equity. The system of norms made by royal judges has been called common law (that is, single law of all country). When the judges heard any case, they tried to follow to a previous case in which judgments had already been given. At the same time the monarch had the right of mitigation of the most severe judgments, referring not to concrete precedents, but to the common law.

The common law plays a great role in British constitutional law, rather than judicial precedents. The constitutional customs also called agreements regulate the most important questions of the state life. The constitutional agreements regulate such issues as the formation of the government by party leader which won parliamentary elections, the procedures of summons of chambers of the Parliament and dissolution of the House of Commons.

Doctrines are the published opinions of eminent scientists on questions of the constitutional law. They are: “The treaties about English Law” by Brecton (1250), the book “The English Constitution” by Bedgegot (1865), etc. Courts address to the doctrines in cases when there is a blank in the law because of the lack of statute, judicial precedent or custom regulating certain relations.

 

British constitution

The sources of Constitution of Great Britain are statutes, judicial precedents, constitutional customs (conventions), and doctrines. British Constitution is very flexible, because the Parliament can make and cancel any law very easy, by using the same procedure.

Statute law. This part of constitution is consists of only statutes, i.e. the acts accepted in established order by the same edition of both Houses and authorized by the monarch. 

       Case law. This is sum of judgments, concerning constitutional matters, which will be necessary for courts if the same cases happen again in the future. There are common law and equity law in the system of the Case law. The system of norms made by royal judges has become a common law. Judges tried to follow the judgments that have been made earlier. At the same time the Monarch could reserve the right of mitigation for the most severe judgments, pointing at not on the precedents but at general principals of the Law.

       Common law plays a more important role in the sphere of British Constitution rather than judicial precedents. Constitutional customs, known as conventions, adjust very important matters of government, such as formation of the government by the leader of party who has won at parliamentary elections, procedures of summoning of the House of Parliament and dissolving of the House of Commons.

       Doctrines are represented as published opinions of famous scientists of Constitutional Law. They includes "The Treatise about laws of England » Брэктона (1250), « Comments of laws of England » Блэкстона (1865), and «the English constitution» Беджгота (1865) etc. Courts use doctrines when they don’t have appropriate statute, judicial precedent, or convention.

 

Constitutional monarch (functions of “Crown”) (5)

Great Britain is parliament democracy. The official head of the State is the constitutional monarch – the Queen Elizabeth II.

The Monarch – king/queen is head of the state and source of Sovereign power formally. Institute of Monarch often called as the term “Crown”. Functions of Monarch can be divided into 2 groups: prerogative and statute. Each fall the Queen’s speech with which the Queen opens each session of Parliament and which contains an outline of the Government’s programme for the session, is prepared by the Government and read by the Queen. She also can dissolve the House of Common. Queen points the Prime Minister – being leader the party which has the majority in the House of Common. Queen has the power to appoint ministers, judges. Monarch can pardon or show mercy. Monarch is a commander-in-Chief of the armed services: he appoints officers, confers honors to the officers of the army and navy, awards by decorations.  Queen has the power to appoint diplomatic representatives, conclude treaties, to declare war and to make piece.

According to the constitution the Queen is impartial in politics, (which means that her politics are those laid down by the Government) the Queen acts only on the advice of her ministers, who are politically responsible for what she does.

 

 

 

 

 

 

 

 

 

 

 

 

 

Constitutional Monarch (6)

In 1952, after death of her father king George VI, princess Elizabeth came to the throne. That time she was 25 years old. She was crowned the next year – this ceremony tatols over thousand years – and according to the parliamentary act has been given the title: “Her Most Excellent Majesty Elizabeth the Second, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith”.

What means “constitutional monarchy”? Why among the countries formerly included in British Empire, became usual, after striving for independence and declaring itself republic, recognize, however, the Queen as a head of Commonwealth in which they continue to continue on their own will? Does the Queen rule in the common meaning of the world? Does she rule? What is her role in a political life?

To the casual observer it will seem that the Queen takes direct part in everything connected with the ruling of the UK. She is one of three parts of the parliament as the legislature body: the House of Commons, the House of Lords and the monarchy. None of laws passed by the Parliament do not become effective until the Queen gives her assent. The prime-ministers of the UK who defeated in general elections or had lost the majority in the elective House of commons, bring retirement suit to the Queen. And then the Queen offers the leader of the won party to form the government or consult  about whom to charge it.

Ambassadors are accredited in London not at a government department, but at her household in Saint-James (former royal palace), and all the honours – titles and distinctions – are actually granted by the prime-minister in the name of the Queen. All criminal trials are conducted on behalf of the crown. The queen heads armed forces, and officers receive their officers’ patents from her. She is also the head of the established church of England and from her name archbishops and bishops are appointed.  Nominally, she even appoints professors of the universities. According to the law, the monarch is the head of the executive, judiciary and commander-in-chief of all armed forces.

At the same time it is necessary to note, that the monarch possess not power, but duties. To exercise these duties the monarch should be a fixed center in the changing UK, the symbol of continually binding the past, the present and the future, for people who in the democratic way decide by election who should possess the real authority, rejecting one prime-minister with his party and voting for a new one with his party.

You should remember, that in the House of Commons any prime-minister deals with the leader of the opposition, who is officially recognized as “Her Majesty’s opposition’. In other words, the monarch of the UK is above politics. Politics come and leave, the hereditary monarch, who differs from elected and appointed from political considerations presidents, remains. Even the death during maintaining inheritance law, doesn’t create a vacuum. “King has died-long live the king”.

 

The constitutional Monarch

In 1952 when Princess Elizabeth was 25 years old, she came to the throne after the death of her father King George VI. Next year she was crowned and according to the Royal Titles Act of 1953 being given the title Her Most Excellent Majesty Elizabeth the Second, by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith).

      What is Constitutional Monarch? Why it is become usual among countries, which were the part of British Empire to admit the Queen as the Head of British Commonwealth, in which they continue to consist at their own choice, although they declared themselves as independent republic? Does the Queen really rule? What is her role in political life?

      The Queen seems to participate directly in everything that concerns handling the United Kingdoms. She is the one of three parts of which the Parliament consists as the Legislative body: the House of Commons, the House of Lords and the Monarch. No Parliament bill becomes effective without her Royal Assent. Prime-ministers of United Kingdoms who have failed at the general elections or lost the majority in the House of Commons give the petition about dismissal to the hand of Her Majesty.  And then She offers to the leader of the won party to make his own government or take consultations about whom to charge it. 

Ambassadors are accredited in London not at any governmental department but at her court-yard in Saint-James (her former royal palace), and all honours are awarded by the Prime-Minister in Her name.  All criminal prosecutions on indictment are brought in the name of the Crown.

As Commander-in-Chief of the armed services she appoints officers, and as Supreme Governor of the established Church of England she makes appointments to its bishoprics and some other senior offices. Nominally she even appoints Universities professors to the appropriate posts. According the law the Monarch is the Head of executive and judiciary power and Commander-in-Chief of the armed services.

        The Monarch does not have powers, he has duties. For making these duties the Monarch should be the eternal symbol in United Kingdoms, binding past, present and future for people who democratically decide by elections who should posses real authority, rejecting one Prime-Minister with his party and voting for new and his party. 

We should not forget that in the House of Commons any Prime-Minister deals with the Leader of opposition of Her Majesty. The monarch in the U.K is above politics. Politics come and leave, but hereditary Monarch won’t leave ever. Even death does not make vacuum with the preservation of the law of succession. The King is dead - The King long live!”

 

 

Constitutional Monarchy and British Parliament (7)

Long before Queen Elizabeth II was crowned, during the national, historical development which included revolution and civil war, when one king was decapitated and another was expelled to France, powers of the monarchs passed to their counselors.

When, for example, in November in Westminster the Queen’s throne speech opens regular session of the parliament, a voice declaring a program of bills for discussion belongs to the Queen, whereas the words belong to the elected government. And when both chambers of the Parliament accept bills, none of them can become a law without a statement, making, according to the ritual, in Norman French language, that she decides so, the statement as a reminder about residual historical powers to refuse in her sanction.

The paradox is, that the monarch possess not power, but duties. To exercise these duties the monarch should be a fixed center in the changing UK, the symbol of continually binding the past, the present and the future, for people who in the democratic way decide by election who should possess the real authority, rejecting one prime-minister with his party and voting for a new one with his party.

You should remember, that in the House of Commons any prime-minister deals with the leader of the opposition, who is officially recognized as “Her Majesty’s opposition’. In other words, the monarch of the UK is above politics.

Politics come and leave, the hereditary monarch, who differs from elected and appointed from political considerations presidents, remains. Even the death during maintaining inheritance law, doesn’t create a vacuum. “King has died-long live the king”.

 

Constitutional monarchy and the British Parliament (7)

          Long before the accession to the throne Elizabeth II, during the national historical development included revolution and civil war when one king was decapitated, and another was expelled to France, powers of monarchs passed on (to) their advisers. Nowadays these advisers - i.e. Parliament - are elected by voting of all men and the women who have reached 18-years age.

         When, for example, in November in Westminster the Queen’s throne speech opens regular session of Parliament, the voice, declaring the program of bills which are subject to discussion, belongs to the Queen, whereas words belong to the selected government. And when both chambers of Parliament accept bills, any of them cannot become the law without the application, making (pronouncing) according to the ceremony in the Norman-French language, that she decides the application, serving by a reminder on residual historical powers, to give up in the sanction.

        Paradox is that the monarch has no powers but duties. To carry these duties out he must remain immovable centre in changeable Commonwealth, being the symbol of continuity, connecting the past, the present and the future for the nation, that decides who must gain the real power by voting against one Prime Minister and his party and voting for another one and his party during (by means of) democratic elections.