Government and politics unit 2

A constitution is a set of rules that:

• Seek to establish the duties, powers and functions of the various institutions of government
• Regulate the relationships between and among the institutions
• Define the relationship between the state and the individual; that is, define the extent of civil liberty

The balance between written and unwritten rules varies from system to system, but no constitution is entirely written, and none is completely unwritten. The main types of constitution are codified and uncodified constitutions, unitary and federal constitutions, and rigid and flexible constitutions

A constitution gives practical expression to the principle of limited government. Which is a form of govenrment in which power is subject to limitations and checks, providint protection for the individual; the opposite of arbitrary govenrment

A constitution in which key constitutional provisions are collected together within a single legal document, popularly known as a written constitution or the constitution

• In a codified constitution, the document is authoritative, in the sense that it constitutes 'higher' law. The constitution binds all political institutions. This gives rise to a two-tier legal system, in which the constitution stands above statute law made by the legislature
• The provisions of the constitution as laid out in the codified document are entrenched, in the sense that they are difficult to ammend or abolish.
• As the constitution sets out the duties, powers and functions of government institutions, in terms of 'higher' law, it is judiciable. This means that all political bodies are subject to the authority of the courts.

A constitution that is made up of rules that are found in a variety of sources, in the absence of a single legal document or written constitution.

• The constitution is not authoritative. Constitutional laws enjoy the same status as ordinary laws. States that have uncodified constitutions therefore have single-tier legal systems with no form of higher law
• Uncodified constitutions are not entrenched. The constitution can be changed through the normal process for enacting statute law. This is reflected in the UK in the orinciple of parliamentary sovreignty. Parliament can make, unmake and amend any law it likes, including those that affect the constitution
• Uncodified constitutions are not judiciable. In the absence of higher law, judges simply do not have a legal standard against which they can declare the actions of other bodies are 'constitutional' or 'unconstitutional'

A constitution that concentrates sovereign power in a single body of national government

A constitution that is based on the principle of shared sovereignty, in that there are two relatively autonomous levels of government, the national/federal and the regional/state

• Statute Law
• Common Law
• Conventions
• Works Of Constitutional Authority
• European Law And Treaties

• Parliamentary Sovreignty
• The Rule Of Law
• Parliamentary Government
• Constitutional Monarchy
• EU Membership

• Strengths
  • Flexibility
  • Democratic Rule
  • Effective Government
  • History And Tradition
• Weaknesses
  • Uncertainty
  • Elective Dictatorship
  • Centralization
  • Weak Protection Of Rights

The idea of checks and balances stems from the basic liberal fear that government is always likely to become a tyranny against the individual ('power tends to corrupt'). Government power must therefore be limited or constrained. This can be done by creating institutional tensions within the system of government by fragmenting government power. As the political philosopher Thomas Hobbes (1588-1679) put it, 'liberty is power cut into pieces'. A network of checks and balances therefore ensures that government is at war with itself, limiting its ability to wage war on its citizens.

The checks and balances that are commonly found in liberal democracies include:

• The separation of powers
• Bicameralism
• Parliamentary government
• Cabinet government
• Judicial independence
• Federalism or devolution

• A scottish parliament and welsh assembly were created in 1999
• A northern irish assemble was created in 1998
• A greater london assembly, consisting of a mayor and the greater london assembly were set up in 2000
• Referendums were held to approve these new bodies
• PR electoral systems were used for each of the newly established bodies
• HRA was passed in1998
• 'stage one' of lords reforms was carried out in 2000. all apart from 92 hereditory peers were removed

• Enthusiasm for constitutional refrm quickly started to fade
• The reforms were piecemeal
• The reforms reshaped existing constitutional arrangements, but did not address deeper problems

Brown ensured that prime-ministers powers were limited and he/she had to seek the approval of parliament before:

• declaring war
• requesting the dissolution of parliament
• recalling parliament
• ratifying inernational treaties
• making top public appointments without scrutiny
• restricting parliamentary oversight of the intelligence services
• choosing bishops
• appointing senior judges
• directing prosecutors in particular cases
• setting rules governing thecivil service
• setting rules for entitlements to passports and pardons

• clear rules
• limited government
• neutral interpretation
• protecting rights
• education and citizenship

• rigidity
• judicial tyranny
• legalistic
• political bias
• unnecessary

• the house of commons
• the house of lords
• the monarchy

• legislation
• representation
• scrutiny and oversight
• recruitment and training of ministers
• legitimacy

• preparatory stages
  • before bills are passed, their provisions may have been outlined in a white paper or a green paper. they undergo prelegislative scrutiny which is carried out by select committees
• First reading
  • the title is read to parliament formally. date is set for second reading
• Second reading
  • full debate considering the principles of the bill. first stage where the bill can be defeated
• Committee stage
  • The details of the bill are considered line by line. carried out by a public bill committee.
• Report stage
  • the committee reports back to the full H of C.
• Third reading (replicates second reading)
• The 'other place'
  • the bill is considered by the lords and commons before royal assent.

• Social class
  • MPs are predominantly middle class.
• Gender
  • Predominantly males.
• Ethnicity
  • Mainly white.
• Age
  • Predominantly middle-aged. Average age of 50.
• Education
  • Over two thirds are graduates. Many attended public schools.
• Sexual orientation
  • There are only 11 openly gay MPs. This is likely to be an underestimate.

• Question time
• Select committees
• Debates and ministerial statements
• The opposition
• Written questions and letters

A parliamentary system of government is one in which government governs in and through parliament. It is based on a 'fusion' between the legislative and executive branches of government. Parliament and government are therefore overlooking and interlocking institutions. This violates the doctrine of the seperation of powers in a crucial way.

• Fusion of powers
• Governments are formed through parliamentary elections
• overlap of personnel
• government removable by legislature
• flexible-term elections
• cabinet government
• seperate head of government and head of state

• seperation of powers
• governments are seperately elected
• separation of personnel
• legislature cannot remove government
• fixed temr elections
• presidentialism
• presidents are both head of state and head of government

• the whipping system
• the 'payroll' vote
• promotion prospects
• ideological unity

Bicameralism is the theory or practice of breaking up legislative power through the creation of two chambers. However, a distinction can be drawn between partial bicameralism and full bicameralism

• partial bicameralism is when the legislature has two chambers but these are clearly unequal, either because the second chamber has restricted popular authority or because it has reduced legislative power. The UK parliament is a good example of this.
• full bicameralism exists when there are two co-equal legislative chambers, each able to check the othr. The US congress is a good example of this.

• democratic legitimacy
• wider representation
• better legislation
• checking the commons
• ending executive tyranny

• specialist knowledge
• gridlocked government
• complementary chambers
• dangers of partisanship
• descriptive representation

The prime minister is first among equals, they:

• make governments
• direct government policy
• manage the cabinet system
• organize government
• controll parliament
• provide national leadership

• formal policy approval
• policy coordination
• resolve disputes
• forum for debate
• party management
• symbol of collective government

collective responsibility is a convention that defines the relationships between the executive and parliament and between ministers and the cabinet. It has two main features:

• It implies that the government is collectively responsible to parliament, in the sense that it rests on the confidence of the house of commons. Therefore, if a government is defeated on a vote of confidence in the commons it is obliged to resign or call a general election.
• it implies that all ministers are obliged to support official government policy in public and in parliament. all ministers, junior and cabinet ministers should therefore 'sing the same song'. failure to do so means a minister should resign

individual ministerial responsibility is the convention that defines the relationship between ministers and their departments. It has two main features:

• it implies that ministers are responsible to parliament for the policies and actions of their departments. this is reflected in an obligation to inform and explain, but it may extend to resignation in the event of blunders or policy failures. In theory, individual responsibility implies that ministers take responsibility fot the mistakes of their civil servants.
• it implies that civil servants are responsible for their ministers. This suggests that civil servants should be loyal and supportive of whatever minister or government is in office, although if they have ethical concerns about a ministers conduct, they should refer these to the cabinet secretary

• elected politicians (mainly)
• party members
• temporary
• public figures
• run departments
• make policy
• responsible to parliament

• appointed officials
• politically neutral
• permanent
• anonymous
• work in departments
• advise on policy
• responsible to ministers

• an insistance of 'can do' culture, in which promotion is linked to positive support for government priorities and goals
• a split between whitehall-based policy advisors and a growing number of executive agencies responsible for implementing policy
• a wider role for politically appointed special advisors to work alongside both ministers and civil servants
• the appointment of 'outsiders' to senior posts, now accounting for some 20% of such appointments
• increased 'contracting out' of governments work to private businesses
• wider use of think-tanks and other bodies as sources of policy advice, breaking the monopoly of the civil service

• the cabinet 'fuses' the executive and legislative branches of government, as its members head government departments but are also drawn from and accountable to parliament
• the cabinet is the senior executive organ. it controls the policy-making process and makes all major government decisions
• within the cabinet policy is made democratically with each members views carrying equal weight. the prime minister is therefore merely 'first among equals'

• the prime minister 'fuses' the legislative and executive branches of government, in that he or she is drawn from and accountable to parliament and also, as chief executive, controls the administrative machinery of government
• the prime minister dominates the policy-making process. he or she makes major government decisions and exerts influence over all policy areas
• the cabinet is a subordinate body. it is no longer a meaningful policy-making organ but rather a source of advice and support for the PM

• head of government
• elected via parliamentary elections
• control of legislature
• collective cabinet
• no department

• head of government and head of state
• seperately elected
• independant legislature
• 'sounding board' cabinet
• personal department

the core executive is an informal network of bodies and actors at the apex of govenrment which play key roles in the formulation of policy and the direction of government. the main bodies and actors within the core executive are:

• the prime minister, leading members of the prime minister's office and other close advisors and confidantes
• the cabinet, the main cabinet committees and leading figures within the cabinet office
• senior officials in the treasury and othe major government departments, and in other bodies including the bank of england and the scrutiny and intelligence service
• individuals and outside organizations that the prime minister or leading cabinet members may look to for policy advice
• key mps and peers, especially government whips and possibly chairs of important select committees.

• the power to hire and fire
• the ability to manage the cabinet
• leadership of the party
• institutional supports
• access to the media

• laissez-faire leaders
  • leaders who are reluctant to interfere in matters outside their personal responsibility
• transactional leaders
  • leaders who act as 'brokers', concerned to uphold the collective face of government
• transformational leaders
  • leaders who inspire or are visionaries

cabinet committees are sub-committees of the full cabinet, which consider particular aspects of government policy. they have been in greater use since 1945, their benefit being that the cabinet works more quicky and efficiently in smaller groups composed of relevant ministers. senior officials and junior ministers may also be members of cabinet committees, which have, over time, spawned a range of sub committees and more informal ministerial groups.

• the cabinet
• the party
• the electorate
• the media
• the pressure of events

• policy disagreements
• ministerial blunders
• personal scandals

• preside over court proceedings
• interpret and apply the law
• 'make' law in certain cases
• decide sentencing in criminal cases
• chair public enquiries and commissions

branch - function

legislature - make law

executive - implement / execute law

judiciary - interpret law

• no one is 'above' the law
• equality before the law
• the law is always applied
• legal redress is available through the courts

A constitution is a set of rules that:

• Seek to establish the duties, powers and functions of the various institutions of government
• Regulate the relationships between and among the institutions
• Define the relationship between the state and the individual; that is, define the extent of civil liberty

The balance between written and unwritten rules varies from system to system, but no constitution is entirely written, and none is completely unwritten. The main types of constitution are codified and uncodified constitutions, unitary and federal constitutions, and rigid and flexible constitutions

A constitution gives practical expression to the principle of limited government. Which is a form of govenrment in which power is subject to limitations and checks, providint protection for the individual; the opposite of arbitrary govenrment

• appointment process
• security of tenure
• pay
• freedom from criticism
• independent legal profession
• role of the lord chancellor

• traditionally, law lords and appeal court judges were appointed by the prime minister on the advice of the lord chancellor, while high court judges and more junior judges were appointed by the lord chancellor. to be eligible for juducial appointment, candidates ahd to have a minimum of 20 years experience as a barrister or, since 1990, as a solicitor with substantial experience as an advocate
• the CRA led to the creation of a judicial appointments committee (JAC). The JAC now has the job of selecting candidates for appointment to judicial office in england and wales. formal selection continues to be made by the lord chancellor. the lord chancellor can reject the first candidate, but not the second

A constitution in which key constitutional provisions are collected together within a single legal document, popularly known as a written constitution or the constitution

• In a codified constitution, the document is authoritative, in the sense that it constitutes 'higher' law. The constitution binds all political institutions. This gives rise to a two-tier legal system, in which the constitution stands above statute law made by the legislature
• The provisions of the constitution as laid out in the codified document are entrenched, in the sense that they are difficult to ammend or abolish.
• As the constitution sets out the duties, powers and functions of government institutions, in terms of 'higher' law, it is judiciable. This means that all political bodies are subject to the authority of the courts.

• political restrictions
• legal training
• accountability
• not public figures

A constitution that is made up of rules that are found in a variety of sources, in the absence of a single legal document or written constitution.

• The constitution is not authoritative. Constitutional laws enjoy the same status as ordinary laws. States that have uncodified constitutions therefore have single-tier legal systems with no form of higher law
• Uncodified constitutions are not entrenched. The constitution can be changed through the normal process for enacting statute law. This is reflected in the UK in the orinciple of parliamentary sovreignty. Parliament can make, unmake and amend any law it likes, including those that affect the constitution
• Uncodified constitutions are not judiciable. In the absence of higher law, judges simply do not have a legal standard against which they can declare the actions of other bodies are 'constitutional' or 'unconstitutional'

• accountable government
• liberty protected
• educational benefits
• concensus on rights

A constitution that concentrates sovereign power in a single body of national government

A constitution that is based on the principle of shared sovereignty, in that there are two relatively autonomous levels of government, the national/federal and the regional/state

• Statute Law
• Common Law
• Conventions
• Works Of Constitutional Authority
• European Law And Treaties

• Parliamentary Sovreignty
• The Rule Of Law
• Parliamentary Government
• Constitutional Monarchy
• EU Membership

• Strengths
  • Flexibility
  • Democratic Rule
  • Effective Government
  • History And Tradition
• Weaknesses
  • Uncertainty
  • Elective Dictatorship
  • Centralization
  • Weak Protection Of Rights

The idea of checks and balances stems from the basic liberal fear that government is always likely to become a tyranny against the individual ('power tends to corrupt'). Government power must therefore be limited or constrained. This can be done by creating institutional tensions within the system of government by fragmenting government power. As the political philosopher Thomas Hobbes (1588-1679) put it, 'liberty is power cut into pieces'. A network of checks and balances therefore ensures that government is at war with itself, limiting its ability to wage war on its citizens.

The checks and balances that are commonly found in liberal democracies include:

• The separation of powers
• Bicameralism
• Parliamentary government
• Cabinet government
• Judicial independence
• Federalism or devolution

• A scottish parliament and welsh assembly were created in 1999
• A northern irish assemble was created in 1998
• A greater london assembly, consisting of a mayor and the greater london assembly were set up in 2000
• Referendums were held to approve these new bodies
• PR electoral systems were used for each of the newly established bodies
• HRA was passed in1998
• 'stage one' of lords reforms was carried out in 2000. all apart from 92 hereditory peers were removed

• Enthusiasm for constitutional refrm quickly started to fade
• The reforms were piecemeal
• The reforms reshaped existing constitutional arrangements, but did not address deeper problems

Brown ensured that prime-ministers powers were limited and he/she had to seek the approval of parliament before:

• declaring war
• requesting the dissolution of parliament
• recalling parliament
• ratifying inernational treaties
• making top public appointments without scrutiny
• restricting parliamentary oversight of the intelligence services
• choosing bishops
• appointing senior judges
• directing prosecutors in particular cases
• setting rules governing thecivil service
• setting rules for entitlements to passports and pardons

• clear rules
• limited government
• neutral interpretation
• protecting rights
• education and citizenship

• rigidity
• judicial tyranny
• legalistic
• political bias
• unnecessary

• the house of commons
• the house of lords
• the monarchy

• legislation
• representation
• scrutiny and oversight
• recruitment and training of ministers
• legitimacy

• preparatory stages
  • before bills are passed, their provisions may have been outlined in a white paper or a green paper. they undergo prelegislative scrutiny which is carried out by select committees
• First reading
  • the title is read to parliament formally. date is set for second reading
• Second reading
  • full debate considering the principles of the bill. first stage where the bill can be defeated
• Committee stage
  • The details of the bill are considered line by line. carried out by a public bill committee.
• Report stage
  • the committee reports back to the full H of C.
• Third reading (replicates second reading)
• The 'other place'
  • the bill is considered by the lords and commons before royal assent.

• Social class
  • MPs are predominantly middle class.
• Gender
  • Predominantly males.
• Ethnicity
  • Mainly white.
• Age
  • Predominantly middle-aged. Average age of 50.
• Education
  • Over two thirds are graduates. Many attended public schools.
• Sexual orientation
  • There are only 11 openly gay MPs. This is likely to be an underestimate.

• Question time
• Select committees
• Debates and ministerial statements
• The opposition
• Written questions and letters

A parliamentary system of government is one in which government governs in and through parliament. It is based on a 'fusion' between the legislative and executive branches of government. Parliament and government are therefore overlooking and interlocking institutions. This violates the doctrine of the seperation of powers in a crucial way.

• Fusion of powers
• Governments are formed through parliamentary elections
• overlap of personnel
• government removable by legislature
• flexible-term elections
• cabinet government
• seperate head of government and head of state

• seperation of powers
• governments are seperately elected
• separation of personnel
• legislature cannot remove government
• fixed temr elections
• presidentialism
• presidents are both head of state and head of government

• the whipping system
• the 'payroll' vote
• promotion prospects
• ideological unity

Bicameralism is the theory or practice of breaking up legislative power through the creation of two chambers. However, a distinction can be drawn between partial bicameralism and full bicameralism

• partial bicameralism is when the legislature has two chambers but these are clearly unequal, either because the second chamber has restricted popular authority or because it has reduced legislative power. The UK parliament is a good example of this.
• full bicameralism exists when there are two co-equal legislative chambers, each able to check the othr. The US congress is a good example of this.

• democratic legitimacy
• wider representation
• better legislation
• checking the commons
• ending executive tyranny

• specialist knowledge
• gridlocked government
• complementary chambers
• dangers of partisanship
• descriptive representation

The prime minister is first among equals, they:

• make governments
• direct government policy
• manage the cabinet system
• organize government
• controll parliament
• provide national leadership

• formal policy approval
• policy coordination
• resolve disputes
• forum for debate
• party management
• symbol of collective government

collective responsibility is a convention that defines the relationships between the executive and parliament and between ministers and the cabinet. It has two main features:

• It implies that the government is collectively responsible to parliament, in the sense that it rests on the confidence of the house of commons. Therefore, if a government is defeated on a vote of confidence in the commons it is obliged to resign or call a general election.
• it implies that all ministers are obliged to support official government policy in public and in parliament. all ministers, junior and cabinet ministers should therefore 'sing the same song'. failure to do so means a minister should resign

individual ministerial responsibility is the convention that defines the relationship between ministers and their departments. It has two main features:

• it implies that ministers are responsible to parliament for the policies and actions of their departments. this is reflected in an obligation to inform and explain, but it may extend to resignation in the event of blunders or policy failures. In theory, individual responsibility implies that ministers take responsibility fot the mistakes of their civil servants.
• it implies that civil servants are responsible for their ministers. This suggests that civil servants should be loyal and supportive of whatever minister or government is in office, although if they have ethical concerns about a ministers conduct, they should refer these to the cabinet secretary

• elected politicians (mainly)
• party members
• temporary
• public figures
• run departments
• make policy
• responsible to parliament

• appointed officials
• politically neutral
• permanent
• anonymous
• work in departments
• advise on policy
• responsible to ministers

• an insistance of 'can do' culture, in which promotion is linked to positive support for government priorities and goals
• a split between whitehall-based policy advisors and a growing number of executive agencies responsible for implementing policy
• a wider role for politically appointed special advisors to work alongside both ministers and civil servants
• the appointment of 'outsiders' to senior posts, now accounting for some 20% of such appointments
• increased 'contracting out' of governments work to private businesses
• wider use of think-tanks and other bodies as sources of policy advice, breaking the monopoly of the civil service

• the cabinet 'fuses' the executive and legislative branches of government, as its members head government departments but are also drawn from and accountable to parliament
• the cabinet is the senior executive organ. it controls the policy-making process and makes all major government decisions
• within the cabinet policy is made democratically with each members views carrying equal weight. the prime minister is therefore merely 'first among equals'

• the prime minister 'fuses' the legislative and executive branches of government, in that he or she is drawn from and accountable to parliament and also, as chief executive, controls the administrative machinery of government
• the prime minister dominates the policy-making process. he or she makes major government decisions and exerts influence over all policy areas
• the cabinet is a subordinate body. it is no longer a meaningful policy-making organ but rather a source of advice and support for the PM

• head of government
• elected via parliamentary elections
• control of legislature
• collective cabinet
• no department

• head of government and head of state
• seperately elected
• independant legislature
• 'sounding board' cabinet
• personal department

the core executive is an informal network of bodies and actors at the apex of govenrment which play key roles in the formulation of policy and the direction of government. the main bodies and actors within the core executive are:

• the prime minister, leading members of the prime minister's office and other close advisors and confidantes
• the cabinet, the main cabinet committees and leading figures within the cabinet office
• senior officials in the treasury and othe major government departments, and in other bodies including the bank of england and the scrutiny and intelligence service
• individuals and outside organizations that the prime minister or leading cabinet members may look to for policy advice
• key mps and peers, especially government whips and possibly chairs of important select committees.

• the power to hire and fire
• the ability to manage the cabinet
• leadership of the party
• institutional supports
• access to the media

• laissez-faire leaders
  • leaders who are reluctant to interfere in matters outside their personal responsibility
• transactional leaders
  • leaders who act as 'brokers', concerned to uphold the collective face of government
• transformational leaders
  • leaders who inspire or are visionaries

A constitution that is based on the principle of shared sovereignty, in that there are two relatively autonomous levels of government, the national/federal and the regional/state

• the cabinet
• the party
• the electorate
• the media
• the pressure of events

• policy disagreements
• ministerial blunders
• personal scandals

• preside over court proceedings
• interpret and apply the law
• 'make' law in certain cases
• decide sentencing in criminal cases
• chair public enquiries and commissions

branch - function

legislature - make law

executive - implement / execute law

judiciary - interpret law

• no one is 'above' the law
• equality before the law
• the law is always applied
• legal redress is available through the courts

• appointment process
• security of tenure
• pay
• freedom from criticism
• independent legal profession
• role of the lord chancellor

• traditionally, law lords and appeal court judges were appointed by the prime minister on the advice of the lord chancellor, while high court judges and more junior judges were appointed by the lord chancellor. to be eligible for juducial appointment, candidates ahd to have a minimum of 20 years experience as a barrister or, since 1990, as a solicitor with substantial experience as an advocate
• the CRA led to the creation of a judicial appointments committee (JAC). The JAC now has the job of selecting candidates for appointment to judicial office in england and wales. formal selection continues to be made by the lord chancellor. the lord chancellor can reject the first candidate, but not the second

• political restrictions
• legal training
• accountability
• not public figures

• accountable government
• liberty protected
• educational benefits
• concensus on rights

• rule by judges
• politicization
• a 'rights culture'
• artrificial rights