The appointed legislature is the House of Lords, and they constitute the unwritten constitution, acting as an extra safety measure, also with the ability to criticize and approve laws. The judiciary upholds the law and represents such as the UK courts of law. The crown is the monarch, and Her Majesty’s role is to represent the United Kingdom as a symbol of ceremony and tradition, and sign bills into law. The most essential element that distinguishes the Westminster model is the executive power that is given to the largest party after a first past the post election. Additionally, with the fusion of powers, the party that controls the legislature also directs the executive branch.
Introduction A parliamentary system of government is one in which government governs in and through the assembly of the parliament, thereby fusing the executive and legislative branch of government. Heywood (2000:313). Although they are formally distinct, the assembly and the executive are bound together in a way that violates the doctrine of separation of power. The British Parliament is one of the oldest parliaments in the world. This study is concerned with understanding the efficiency and effectiveness of the parliament in producing legislation.
Power of the Prime Minister The Prime Minister is the head of government in the British Isles and is therefore supposedly the most powerful person in the Isles. The Prime Minister is appointed by the currently reigning Monarch after a general election and is, according to tradition, usually the leader of the political party which wins the most seats in the House of Commons in the aforementioned general election. The Monarch is not obliged by law to appoint the leader of this party however previous Monarchs have set a precedent by which the Monarch is expected to abide. If the King/Queen were to try and appoint anyone other than the leader of the largest party it is likely that that person would forward a motion to abolish the Monarchy. In this essay I will be looking at and assessing the power the Prime Minister possesses.
The head of state and theoretical source of executive and legislative power in the UK is the British monarch, currently Queen Elizabeth II. In theory, the British sovereign can dissolve Parliament whenever they desire. They can in theory choose any British citizen to be Prime Minister, even if they are not a member of the House of Commons or House of Lords. Theoretically, the Sovereign possesses the ability to refrain from granting Royal Assent to a Bill from Parliament, in addition to being able to declare war and appoint ministers. In practice, the head of state is a largely ceremonial role, with powers restricted by convention.
The constitutional monarchy: an impartial symbolic head of state, and always acts on the advice of minister, especially of prime minister, i.e. the monarch reigns, but does not rule. In theory, the monarch has other prerogative such as appointment and dismissal of the Prime Minister; opening and dissolving of parliament, the veto of legislation, ect. Additionally, the monarch enjoys "the right to be consulted, the right to encourage and the right to warn". Clearly, the powers which the monarch now exercises are more theoretical than real, but we still have our queen in Britain.
Because her powers and duties are controlled by Britain's unwritten constitution, Elizabeth II, Britain's queen since 1952, is known as a constitutional monarch. In formal terms, all acts of the British government are performed in the name of the queen. The queen does appoint the prime minister, byt her choice is subject to the approval of the House of Commons. So, traditionally, she chooses the leader of the majority party in that house to be prime minister. She has no power to dismiss the prome minister.
The position of president grants him/herself both the head of government, also known as chief executive and the head of state. The president is considered to be vested balanced power against that of the legislature. Head of state, often known as the chief public representative of monarchy, republic, federation, commonwealth and other forms of the state, while as a representative, sometimes can merely be seen as a figurehead, such as the Queen and Governor-General in the constitutional monarchy Australia for many times functions in a primarily ceremonial role. Although they have the authority to dissolve parliament and dismiss the government granted by Constitution covertly, the convention was that the unelected Governor General would only act on the advice of the ministers if this power is ever used, very rarely according to the history. The head of government, in another word, chief executive, in the other hand, seen as the ones who are the head of nation’s legislature and holding the actual powers on governing affairs.
The basis of the United Kingdom’s political system is a parliamentary democracy. Therefore, people think the role of the Queen as worthless and mainly unnecessarily demanding for funding, but is it like that? The present monarch of the Great Britain is the Queen Elizabeth the Second, who came into power after the death of her father the King George the Fourth, in 1952. Substitution of the monarch into the forehead of the monarchy must be in accordance with the laws of succession and inheritance principles enshrined in the laws throughout the system. Moreover, it also must be in accordance with customary law and principles of birth right.
An issue that has remained debatable since the Jackson litigation was what ought to be the ultimate controlling factor in the British constitution: parliamentary sovereignty or the rule of law. This essay sets out to consider the reputedly irreconcilable tension between the two fundamental constitutional principles by analysing the extensive obiter dicta in Jackson and relating it to judicial review which upholds the rule of law. The contention of this essay is that despite the courts' deferential attitude towards the sovereignty of the laws of Parliament, the rule of law may potentially gain dominance and surpass parliamentary sovereignty to become the ultimate controlling factor in the British constitution. The word ‘constitution’ is commonly used to describe a written legal document that embodies a set of rules and principles that ‘establish and regulate or govern the government’ of a country. The United Kingdom, however, does not have such a document.
Reasons why the separation of powers is an important factor in the UK Constitution. Finally, the significance of changes made to the doctrine over the years. The legislature is made up of the House of Lords and the House of Commons. The legislative role involves; making laws and general rules that govern the powers of public authorities that maintain the structure and conduct of the ordinary citizen as well as private institutions. The Queen holds primary authority in parliament, however parliament does not directly make new legislation that is passed by executive bodies which receive their power from parliament.