U.K Law & Government
Government & Politics
The United Kingdom is a constitutional monarchy with Elizabeth II, Queen of the United Kingdom of Great Britain and Northern Ireland, as head of state; the monarch of the UK also serves as head of state of fifteen other Commonwealth countries, putting the UK in a personal union with those other states. The UK uses a parliamentary government based on strong democratic traditions, a system that has been emulated around the world — a legacy of the British Empire.
The UK's constitution governs the legal framework of the country and consists mostly of written sources, including statutes, judge made case law, and international treaties. As there is no technical difference between ordinary statutes and law considered to be "constitutional law," the British Parliament can perform "constitutional reform" simply by passing Acts of Parliament and thus has the power to change or abolish almost any written or unwritten element of the constitution. However, no Parliament can pass laws that future Parliaments cannot change. The United Kingdom is one of the three countries in the world today that does not have a codified constitution (the other two being New Zealand and Israel).
The position of Prime Minister, the UK's head of government, belongs to the current leader of the political party that can obtain the confidence of a plurality in the House of Commons. The Prime Minister and their Cabinet are formally appointed by the Monarch to form Her Majesty's Government. However, the Prime Minister chooses the Cabinet, and by convention, the Queen respects the Prime Minister's choices. The Cabinet is traditionally drawn from members of the Prime Minister's party in both legislative houses, and mostly from the House of Commons, to which they are responsible. Executive power is exercised by the Prime Minister and Cabinet, all of whom are sworn into Her Majesty's Most Honourable Privy Council, and become Ministers of the Crown. Gordon Brown, leader of the Labour Party, has been Prime Minister, First Lord of the Treasury and Minister for the Civil Service since 27 June 2007.
The Parliament is the national legislature of the United Kingdom; housed in the Palace of Westminster, it is the ultimate legislative authority in the UK, according to the doctrine of parliamentary sovereignty. However, questions over sovereignty have been brought forward due to the UK's membership within the European Union. The parliament is made up of the Queen and two houses: an elected House of Commons and an appointed House of Lords. Each member in the House of Commons is elected by simple plurality in a constituency; general elections are called by the Monarch when the Prime Minister so advises. There is no minimum term for a Parliament, but a new election must be called within five years of the last general election.
The Houses of ParliamentThe UK's three major political parties are the Labour Party, the Conservative Party, and the Liberal Democrats. Other parties such as the Democratic Unionist Party, the Scottish National Party, Plaid Cymru, the Social Democratic and Labour Party, the Ulster Unionist Party, and Sinn Féin (from Northern Ireland) hold most of the remaining seats in the House. In accordance with party policy, no elected Sinn Féin Member of Parliament has ever attended the House of Commons to speak in the House on behalf of their constituents. However, the current five Sinn Féin MPs have since 2002 made use of the offices and other facilities available at Westminster.
The United Kingdom is divided into four home nations or constituent countries: England, Scotland, Wales, and Northern Ireland. The latter three each has a unicameral legislature, devolved from the United Kingdom Parliament, which relates specifically to each constituent country: the Scottish Parliament, the National Assembly for Wales, and the Northern Ireland Assembly. Each also has its own Executive, led by a First Minister, which controls separate law making and constitutional powers devolved from Westminster. However, despite being the largest of the United Kingdom's four constituent countries, England, (with the exception of the Greater London Authority), has no devolved executive; it is ruled directly by the UK government. Each nation is further subdivided for the purposes of local government. The Queen appoints a Lord-Lieutenant as her personal representative in lieutenancy areas across the UK; this is little more than a ceremonial role.
Historically, the four nations were divided into counties as areas for local government administration. Although these are still used to some extent for this purpose and as geographical areas, they are no longer the sole basis for local government administration.
In recent years, England has, for some purposes, been divided into nine intermediate-level Government Office Regions. Each region is made up of counties and unitary authorities, apart from London, which consists of London boroughs. Although at one point it was intended that these regions would be given their own elected regional assemblies, the plan's future is uncertain following a rejection, by referendum, of a proposed assembly in the North East region.
City status is governed by Royal Charter. There are sixty-six British cities: fifty in England; six in Scotland; five in Wales; and five in Northern Ireland.
The Crown has sovereignty over the Isle of Man and the Bailiwicks of Jersey and Guernsey. Collectively, these three territories are known as the Crown dependencies, lands owned by the British monarch but not part of the United Kingdom. They are also not part of the European Union. However, the Parliament of the United Kingdom has the authority to legislate for the dependencies, and the British government manages their foreign affairs and defence.
The UK also has fourteen overseas territories around the world, the last remaining territories of the British Empire. The overseas territories are also not considered part of the UK, but in most cases the local populations have British citizenship and the right to abode in the UK. This has been the case since 2002.
Foreign Relations
The United Kingdom (UK) is a major player in international politics, with interests throughout the world. The former British Empire, notably through its successor, the Commonwealth of Nations, links the UK with many of the world's nations in one way or another. The UK has also exported its parliamentary style government, legal and financial systems, and language throughout the world. The UK is a major Member State in the European Union (EU) and holds a permanent seat on the UN Security Council.
The United Kingdom and the United States are close military allies. The two countries share cultural similarities, as well as military research and intelligence facilities. The UK has purchased military technology from the USA such as Tomahawk cruise missiles and Trident nuclear missiles, and the US has purchased equipment from Britain (e.g. Harrier). The USA also maintains a large number of military personnel in the UK. In recent years, the Prime Minister of the United Kingdom and the President of the United States have often been close friends, for example Tony Blair and Bill Clinton and later with George W. Bush and in the 1980s the often like-minded Margaret Thatcher and Ronald Reagan. Present British policy is that the relationship with the United States represents Britain's "most important bilateral relationship."
The UK has had good relations with the rest of Europe since the Second World War. It has been a member of the European Union since 1973. Although the UK is not a Euro member, it still plays a leading role in the day to day workings of the EU. The UK has clashed with other Member States of the European Union, particularly with France and Germany, most recently over the US-led war with Iraq.
The UK has varied relationships with the countries that make up the Commonwealth of Nations which originated from the British Empire. The Queen is the head of the Commonwealth and is head of 16 of its 53 member states. Those that retain the Queen as head of state are called Commonwealth Realms. The European Union generally takes precedence over the Commonwealth, and the UK has tended to side with EU countries over Commonwealth countries when disputes arise. For example, over French nuclear testing, the UK sided with France over fellow Anglosphere nations, Australia and New Zealand. Over time several countries have been suspended from the Commonwealth for various reasons. Zimbabwe was suspended because of the authoritarian rule of its President and so too was Pakistan but has since returned. Countries which become republics are still eligible for membership of the commonwealth so long as they are deemed democratic. Commonwealth nations such as Malaysia enjoyed no export duties before the UK concentrated their economic relationship with EU member states. This policy has somewhat backfired with the growth of India. British diplomats are now trying to assert this link. The U.K. has also had good relations with India for the last 60 years up to the present day.
Despite a long history of conflict from English Tudor plantation in Ireland to the Irish War of independence, the UK presently works closely with the government of the Republic of Ireland in areas concerning the peace process in Northern Ireland as well as on many security issues. In 1949 the Irish Houses of Parliament passed the Republic of Ireland Act making, the Republic of Ireland officially fully independent and thus the Republic of Ireland withdrew from the Commonwealth. Under the Ireland Act 1949 Irish citizens are treated as though they are Commonwealth citizens and not aliens for the purposes of law. Until 1998, the Republic of Ireland claimed Northern Ireland, but this was rescinded under the Belfast Agreement through an amendment of the Irish Constitution, which now states an aspiration to peaceful unity. There is an ongoing dispute that also involves Denmark and Iceland, over the status of the ocean floor surrounding Rockall however this is for the most part a trivial issue rarely makes it onto British-Irish meeting agendas.
Since World War II the UK enjoyed excellent relations with West Germany, as well as the reunited Germany. Margaret Thatcher and Helmut Kohl were two leaders who had a particularly good relationship. The UK maintains a large military personnel in Germany since World War II. Tony Blair and Gerhard Schröder also enjoyed a good relationship although this was tempered by the Iraq War, where Germany aligned with France in not supporting military action against Iraq. The former German Democratic Republic, which governed East Germany until German Reunification, was a communist state with which the UK was naturally hostile towards during the Cold War. Germany and the UK are both members of the EU.
As with Germany the political position of both countries can be seen as very good, the British population engage in a lively and highly tongue-in-cheek relationship and mostly friendly rivalry with France, stemming from hundreds of years of rivalry and enmity between the two countries and perhaps epitomised by The Sun newspaper's relentless bashing of French institutions and personalities. There have been continual clashes publicly and through national newspapers over such issues as the Common Agricultural Policy (CAP) where France is seen as a major net recipient and in the opinion of the public, perhaps unduly so. However in important times the United Kingdom and France normally stick close together (e.g World War II) despite their "friendly rivalry."
Law
The United Kingdom has three distinct legal systems. English law, which applies in England and Wales, and Northern Ireland law, which applies in Northern Ireland, are based on common-law principles. Scots law, which applies in Scotland, is a pluralistic system based on civil-law principles, with common law elements dating back to the High Middle Ages. The Act of Union 1707 guarantees the continued existence of a separate law system for Scotland.
The Appellate Committee of the House of Lords (usually just referred to, as "The House of Lords") is the highest court in the land for all criminal and civil cases in England, Wales, and Northern Ireland, and for all civil cases in Scots law. Recent constitutional changes will see the powers of the House of Lords transfer to a new Supreme Court of the United Kingdom.
In England and Wales, the court system is headed by the Supreme Court of England and Wales, consisting of the Court of Appeal, the High Court of Justice (for civil cases) and the Crown Court (for criminal cases). In Scotland the chief courts are the Court of Session, for civil cases, and the High Court of Justiciary, for criminal cases, while the sheriff court is the Scottish equivalent of the county court.
The Judicial Committee of the Privy Council is the highest court of appeal for several independent Commonwealth countries, the British overseas territories, and the British Crown dependencies. There are also immigration courts with UK-wide jurisdiction — the Asylum and Immigration Tribunal and Special Immigration Appeals Commission. The Employment tribunals and the Employment Appeal Tribunal have jurisdiction throughout Great Britain, but not Northern Ireland.
"English law" is a term of art. It refers to the legal system administered by the courts in England and Wales. The ultimate body of appeal is the Law lords in House of Lords. They rule on both civil and criminal matters. English law is renowned as being the mother of the common law. English law can be described as having its own distinct legal doctrine, distinct from civil law legal systems since 1189. There has been no major codification of the law, and judicial precedents are binding as opposed to persuasive. In the early centuries, the justices and judges were responsible for adapting the Writ system to meet everyday needs, applying a mixture of precedent and common sense to build up a body of internally consistent law, e.g., the Law Merchant began in the Pie-Powder Courts see Court of Piepowder (a corruption of the French "pieds-poudrés" or "dusty feet", meaning ad hoc marketplace courts). As Parliament developed in strength, and subject to the doctrine of separation of powers, legislation gradually overtook judicial law making so that, today, judges are only able to innovate in certain very narrowly defined areas. Time before 1189 was defined in 1276 as being time immemorial.
Scots law is a unique legal system with an ancient basis in Roman law. Grounded in uncodified civil law dating back to the Corpus Juris Civilis, it also features elements of common law with medieval sources. Thus Scotland has a pluralistic, or 'mixed', legal system, comparable to that of South Africa, and, to a lesser degree, the partly codified pluralistic systems of Louisiana and Quebec. Since the Acts of Union, in 1707, it has shared a legislature with the rest of the United Kingdom. Scotland and England & Wales each retained fundamentally different legal systems, but the Union brought English influence on Scots law. In recent years Scots law has also been affected by both European law under the Treaty of Rome and the establishment of the Scottish Parliament which may pass legislation within its areas of legislative competence as detailed by the Scotland Act 1998.
