The Electoral Process and Functions of Governments in Other Parts of The World (Great Britain)

BRITAIN

Britain comprises England, Wales, Scotland and Northern Ireland. The country has evolved a parliamentary system of government over the years. 

The Saxon Kings who invaded Britain in the 5th Century AD had absolute powers- ruling without consulting the citizens, and their positions were hereditary. However, in the 12th century AD, they introduced the parliamentary system.

​They agreed that the kings/queens could only rule according to the laws of the land that should be made by the representatives of the people. This was what came to known as a constitutional monarchy.

The electoral process in Britain ​

The British government is based on the party system. Elections for party leaders are held separately before the general elections. The three main parties are the Conservative Party, Liberal Party and Labor Party. 
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Unlike USA and other major democratic states outside commonwealth, there is no fixed date for British parliamentary elections. The date of a general election is decided upon by the prime Minister. 

The Choice of a date of elections is influenced by the following factors;

1. The economic situation that is the availability of funds. 
2. The state of the government’s legislative programme in the House of Commons. 
3. The desire to increase government support in parliament.

The electoral system for the House of Commons is based on the principle of ‘one person, one vote’

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There are two types of elections for the House of Commons. 

• General elections where members of the House of Commons are elected for a 5-year term.
• By elections in the event of resignation, death or resignation of a member of parliament. 

There are also local elections in which representatives of local authorities (councilors) are voted for are held every 4 years. The local authorities include the District Councils, London Boroughs, Metropolitan districts and Regional and island councils. 
In Britain, there are also euro-elections, first introduced in 1979, in which representatives to the European Union parliament are chosen.81 MPs were elected in 1979.​

​Voter Registration. 

​It is the local authorities that hold the responsibility of registering voters. Since 1948, a postal vote is possible for citizens who are away from their constituencies during the voting period, either on business or other reasons. 

The following categories of people qualify to vote in Britain;

1. British Citizens over the age of 18 years.
2. Citizens from commonwealth countries who have resided in Britain for periods stipulated by law.
3. Citizens of the republic of Ireland who have been residents for periods stipulated by law.

The following are ineligible to vote in Britain.

1. Persons of unsound mind.
2. Convicts detained in a prison.
3. Persons convicted of corrupt or illegal practices in connection with elections cannot vote for five years from the date of conviction.
4. Adults whose names do not appear on the register of voters.
5. Peers or members of the House of Lords

A candidate who wishes to contest for a parliamentary seat in Britain must fulfil the following conditions;

1. He/she must be a British citizen or a common subject or a citizen of the republic of Ireland.
2. He/she must be of a minimum age of 21 years.
3. He/ she must be nominated by a political party or be an independent candidate.

The following are disqualified from vying for a parliamentary seat in Britain.

1. English/Scottish peers who have the right to sit in the House of Lords.
2. Clergy of the Church of England, or the Church of Ireland, Ministers of the church of Scotland, and Roman Catholic priests.
3. Aliens.
4. Certified Lunatics.
5. Undisputed bankrupts.
6. Convicted persons.
7. Persons who have committed illegal practices during elections like corruption.
8. Members of the armed forces.

Candidates vie for 650 parliamentary seats. The candidates are either nominated by respective parties or stand as independent candidates and need not reside in the constituencies as long as they register as voters in that constituency.

Once nomination of candidates has taken place, campaigns are allowed for two weeks before voting; Each candidate appoints an election agent to manage the finances and protect the interests of the candidate during the campaign.

​The agent also explains the candidate’s party policies and identifies party supporters within the constituency. He/she familiarizes the candidate’s name to prospective voters. 

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Election officials work hand in hand with party agents during Election Day. 

Each candidate must deposit 500 sterling pounds with the registrar, which is returned in the event that the candidate garners over 5% of the total vote in the constituency. 

Elections in Britain are by plurality. Candidates who get the highest of votes win the elections. The party that secures most parliamentary seats is declared winner and is asked to form the next government. Emphasis is on number of seats not votes cast. 
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The House of Lords members are drawn from people with high offices. E.g. bishops, distinguished scientists and artists, great sportsmen, retired judges etc.

​Functions of Government in Britain. 

The British government operates around four basic institutions;

1. The Monarchy.
2. The Legislature.
3. The Executive.
4. The Judiciary.

​The Monarchy.

In Britain, the Monarchy is represented by the queen. The Monarch assents to all legislations. The Monarch appoints the PM and approves the cabinet
Other Functions of the Monarchy.

1. The monarch as head of state advises government
2. The monarch summons, prorogue and dissolve parliament in consultation with the Prime Minister.
3. The Monarch gives royal assent to bills passed by parliament to become law.
4. Management of the country’s foreign policy including enactment of treaties.
5. It confers honours to persons who have rendered distinguished services. For example, the peerages to become Lords or knights and will be referred to as LADY OR ‘Sir’
6. The Monarch approves appointments to important state offices such as judges, senior members of the armed forces and civil service.
7. The monarch pardons and gives reprieve to people who have been accused of committing various offences.
8. The Monarch appoints Bishops and Archbishops of the Anglican Church.

NB; At the beginning of each new session of parliament, the monarch addresses both Houses together in the House of Lords to mark the formal opening of parliament. In the address, the monarch outlines government proposed legislations for the coming session.

​Importance of the monarchy to the British people.

• The presence of the monarchy helps to give some continuity to executive policy. 
• It inspires the head of government with a sense of responsibility and dignity. 
• It acts as a useful counsellor to the head of government. 
• It is the symbol of commonwealth unity. 
• It sets standards for social life. The presence of members of the royalty at the inauguration of scientific, artistic and charitable works ensures nationwide support 
• The royal family pays state visits to foreign government and undertakes tours in other countries of the commonwealth, hence contributing to better understanding between Britain and other nations. 

​The Legislature/parliament. 

It is made up of the monarchy, House of Lords and House of commons.
The following are ways through which one can gain membership to parliament in Britain;

1. Elections.
2. Nominations 
3. Inheritance. 
4. By Virtue of office. E.g. members of the House of Lords maintain their parliamentary seat whenever a new parliament is constituted.

Parliament is a supreme institution in Britain. It passes changes or repeals laws without being vetoed by the courts of law. 

​How parliamentary supremacy is demonstrated in Britain.

1. Parliament makes amends and abolishes laws. No other institution can do that. 
2. Branches of government operate under the laws passed by parliament. /parliament is the supreme institution in Britain and all other institutions derive their power from it. 
3. Parliament can pass a vote of no confidence in the executive. / has powers to remove any unpopular government from office. 
4. It approves government revenue and expenditure. / It is the only institution empowered to approve government budget. 
5. Decisions of parliament are binding to all. They cannot be overruled or nullified by a court of law.

​The House of Lords. 

Membership to The House of Lords is based on nomination by the monarch or by hereditary principle.

Some membership is through holding senior positions within the Church of England Consists of 1200 members 800 of whom are heredity peers, 26 are Bishops and 21 are Lords of Appeal. 
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One can become a member of the House of Lords in the following ways;

1. Through nomination by the monarch.
2. When one holds hereditary parentage position. Normally the eldest male member of the family inherits the position.
3. Through holding some senior position in the society e.g. within the Church of England - Archbishop of Canterbury. 

Members of the House of Lords only receive sitting allowances. Only the Lords of Appeal receive annual salaries.

​Role played by the House of Lords in the British parliamentary system.

• The house of lords checks the powers of the House of Commons and therefore prevents nasty legislation. Bills from the House of Commons have to go to the House of Lords for debate and approval.
• It addresses non-controversial bills that the lower house has no time to address. 
• The house of lords holds bills from the lower hose long enough to seek public approval
• The House of Lords questions ministers about the activities of government and stages debates on general issues of national policy.
• It seats as a court of appeal for criminal cases. on such occasions , the court is presided over by the lord chancellor (speaker of the house)
• It provides a forum for utilization of the talents of people who could not win a general election. These people are created peers by the queen and become members of the House of Lords.  
• It enhances unity in the country as newcomers are created lords by the queen and then become members of the House of Lords. 
• It provides continuity in operation of parliament. Old experienced peers retain their seats in the House of Lords until they die, so provide guidance to new and young politicians.

​​House of Commons. 

​It is the major legislative arm of the government. It comprises 650 elected members representing constituencies. The leader of the House is the P.M. The chief officer is the speaker who is elected at the start of a new parliamentary session. 

​Functions of the House of Commons.

1. Discusses makes and amends laws. However, the monarchy and the house of Lords have powers to veto such laws. 
2. Approves government revenue and expenditure. It controls finances. No taxes can be imposed without the consent of the House of Commons. 
3. It has powers to pass a vote of No confidence in the executive (Check the powers of the executive to ensure that the rule of law is maintained.
4. Debates on matters of national interest. 
5. It directs government policy and keeps development programmes on track. 
6. It is a training ground for future leaders.

Factors which influence the activities of Parliament in Britain. 

• Members of the House of Commons must consider the moral values of the British society before making any decision. 
• Parliamentarians are always sensitive to public opinion because any unpopular government or party risks not being re-elected.
• Local authorities are empowered to make by-laws even without consulting parliament. 
• Interests of the institutions under the spotlight are always taken into account before legislation is done in parliament. E.g. the Church, Universities, Farmers, trade Unions etc. 
• Legislation passed by one parliament can be changed by another future one. 
• International law is also taken into account when laws are made. 

NB; these are the factors that limit the parliamentary supremacy in Britain.

​The executive. 

​The executive is made up of the Prime Minister, the cabinet and the civil service.

​The Prime Minister.

Appointed by the monarch, being the leader of the political party that controls an absolute majority, He/she is the Chief executive of the country.
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He performs the following functions;

• Appoints and dismisses Cabinet ministers with the consent of the monarch. 
• He/she recommends to the sovereign the appointment of senior civil servants such as the chief Justice, High Commissioners.
• He/she represents Britain in international fora. 
• He/she controls the cabinet secretariat and oversees the execution of cabinet decisions by various departments.
• He/she is the leader of the party that nominates him/her. 
• He/she settles disputes between various departments. 
• He/she is the leader of the House of Commons. 
• He/she initiates both domestic and foreign policies.

​The Cabinet. 

​The cabinet is made of the ministers appointed by the P.M with the approval of the monarch and nominated from the party with the majority of seats.

​The cabinet performs the following functions;

1. The cabinet ministers institute policies that guide the operations in the various departments of the ministry.
2. Cabinet determines the policy to present to parliament for consideration. 
3. Cabinet is responsible for the coordination of government activity. E.g. all ministers must implement cabinet decisions with regard to their department.

The following conventions provide guidance on the operation of the cabinet;

• Once a government is defeated, on a major issue or on a vote of no confidence, it is expected to resign. A government whose party is defeated in General elections is expected to resign.  
• The cabinet is drawn from the House of Commons and the House of Lords.
• The entire cabinet comes from the same political party of majority seats except during a crisis like war. Since 1945, Britain has never embraced a coalition.
• The advice offered by the cabinet must be accepted by the monarch, failure to which a crisis can occur.
• All members of the cabinet take the Oath of the Privy councillors and are bound to Secrecy by this oath and the official secrets Act.
• Members of the cabinet are collectively responsible for all decisions and actions as well as individually responsible of the departments they head.

​The Civil Service 

​The British law stipulates the civil servants are servants of the crown. A civil servant is expected to nonpartisan and to serve the government of the day without favour. Civil service staff does not change with change of government. Recruitment In the civil service is based on merit.

​Functions of the civil Service in Britain. 

• It implements ministerial policies as agreed by parliament.
• It assists in formulation of policies and generation of policy proposals. 
• It manages government administrative machinery. 
• It carries out normal duties that public administration demands. 

​Principles that characterize the British civil service.

• The tradition of anonymity. Civil servants are taken to be carrying out the instructions of minister. Ministers get all the credit for all good, as well as censure for all that is criticized.
• The principal of civil service impartiality. Those civil services are expected to serve whichever minister is in office without partiality. Senior civil servants are not permitted to take part in national politics except voting.
• Ministers make policies and civil servants execute the policies.
• The tradition of assumption that it is not the task of the civil service to initiate change or take responsibility for planning future lines of social and economic development.

​The Judiciary.

​The judiciary in Britain is based on the supremacy of the law. To safeguard the rule of law, the British Judiciary has an independent court system.

​How judicial independence is ensured in Britain.

• The salaries of judges are not open to discussion by parliament. 
• Since 1701, judges have always bee appointed on good behaviour until retirement. 
• A Judge can only be dismissed by a resolution from both houses.

​The structure of the British Court System.

​England and Wales share a unified court system, based on common law principles, which originated in medieval England. Scotland and Northern Ireland each have their own judicial systems.

The court system in Northern Ireland closely resembles that of England and Wales, while the Scottish court system is a hybrid model that combines elements of both common and law and civil law systems.

This research guide focuses on the unified court system of England and Wales. For information about the Scottish judicial system, consult the Scottish Courts and Tribunals website. For information about the judicial system in Northern Ireland, consult the NIDirect website.

The Court System of England & Wales

​In England and Wales, most civil cases are heard in the County Court.  Many specialist tribunals have been created to resolve particular types of civil disputes, such as those involving taxation and employment, as well as immigration and asylum cases. All criminal cases originate in the Magistrates' Court, but more serious offenses are referred to the Crown Court.

The High Court functions as both a court of first instance for high value civil claims and as an appellate court for civil and criminal cases. It consists of three divisions: the Queen's Bench, the Chancery Division, and the Family Division.

The Court of Appeal functions solely as an appellate chamber. The Civil Division hears appeals form the High Court and the County Court, and the Criminal Division hears appeals from the Crown Court.

​Components of the British constitution.

• Statutes or acts of parliament e.g. act of union with Scotland of 1707. 
• Customs-the accepted traditions e.g. the first-born of the sovereign succeeds the king /queen.
• Law of precedence-judges applies accepted principles to new set of facts. 
• Custom of parliament e.g. the procedures of the two houses. 
• Historical documents e.g. the Magna Carta.

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