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Institutions of Government AP COMPARATIVE GOVERNMENT
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Institutions The British government is parliamentary system In this system there is an executive, a legislature, and a judiciary, but they function very differently than in a presidential system The executive and legislative branches are fused together with the prime minister and members of the cabinet being sitting members of Parliament Because of this, separation of powers do not exist The judicial branch also lacks the power of judicial review Britain is a unitary state Political authority is centralized in London and all decisions made are binding
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Cabinet and Prime Minister The cabinet comprises both the prime minister and his ministers Each of these individuals is from the majority party (or from the coalition) The term collective cabinet refers to the center of policymaking in the British political system The prime minister has the responsibility of shaping their decisions on policy There is not vote in the cabinet and all ministers publicly support the prime minister’s decision The cabinet takes on a “collective responsibility” for making policy for the country
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Cabinet and Prime Minister The prime minister is the “first among equals” and stands at the top of the unitary government The prime minister is elected by the majority party in Parliament, or in the case of 2010, by a coalition government The prime minister: Speaks legitimately for all members of Parliament Chooses cabinet ministers and important subordinate posts Makes decisions in the cabinet, with the agreement of the ministers Campaigns for and represents the party in parliamentary elections
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House of Commons The House of Commons is the lower house of the legislature The party that opposes the majority party is known as the opposition party known as the loyal opposition Working for the loyal opposition is a group of people known as the shadow cabinet The shadow cabinet are the leaders of the loyal opposition Less influential MPs are referred to as “back-benchers” Debate in the House of Commons is usually loud and contentious This is especially true during Question Time During this period, the prime minister and his cabinet must defend themselves against attack from the opposition, and sometimes members of their own party The speaker of the house presides over the debate and allows all to be heard
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House of Commons Party discipline is integral to the success of the government If there is a vote of no confidence, the cabinet by tradition must resign immediately, and elections for new MPs must be held as soon as possible This happens when a majority of the House does not support legislation presented by the prime minister Parliament has substantial powers for members that include The ability to debate and refine potential legislation They are the only ones who may become party leaders The ability to scrutinize the administration of laws The ability to keep communication lines open between voters and ministers
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The House of Lords The second house of Parliament is known as House of Lords The House of Lords is the only hereditary parliamentary house in existence today The House of Lords has minimal impact in the workings of parliament The main powers of the House of Lords are the ability to delay legislation and to debate technicalities of proposed bills The House of Lords can also add amendments to bill, but those can be removed with a simple majority vote in the House of Commons The House of Lords formally had a group called the law lords who held the ability to rule acts unconstitutional This power was removed in 1999 There has been talk about changing the House of Lords so that it contains either voted or appointed members, but no change has taken place
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The Bureaucracy The bureaucracy is stable and powerful Many top level bureaucrats directly advise ministers and the prime minister and have great power in the creation of policy Bureaucrats have great discretionary power to make decisions about the implementation of legislation Ministers heavily rely on bureaucrats to make decisions
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The Judiciary Because British government is largely based upon parliamentary sovereignty Parliamentary sovereignty is based upon the idea that parliaments decisions being final, it has limited the development of the judicial branch of government This is a fusion of powers There is no concept of judicial review in Britain The idea that supreme authority of the government is in the legislature can also be known as the Westminster model The British legal system is based upon common law Common law is dictated by precedents and tradition Code low does exist, but is based upon strict interpretations of written statutes
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The Judiciary In 2009 a Supreme Court was created to replace the law lords The court has a president and eleven justices appointed by a panel of lawyers Their chief function is to serve as the final court of appeal on points of law in cases across the country Scotland has their own system The court can nullify government actions if they are judge to exceed powers granted by an Act of Parliament, but cannot declare an Act of Parliament unconstitutional Britain is now bound to the European Union’s treaties and laws The courts then determine if British laws conflict with EU laws
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