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Powers and functions of prime minister of england
An essay about british parliament
Parliament function
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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.
It should be noted that the United Kingdom operates an unwritten constitution which implies that its laws are contained in Acts, conventions and legislation; this made the parliament the supreme
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This implies that the laws are made by the parliament and suggests parliamentary supremacy. Recently, there has been argument that the British parliament are inefficient and ineffective in legislative duties this was born out of the fact that the European Union have over shadowed the activities of the many European countries such that EU laws override that of the individual nations.
The members of British parliament refer to the two chambers made up of the popularly elected House of Common and non elected House of Lords. In the view of Almond et al (2000: 136), within the British parliament, the prime minister occupies a unique position sometimes refers to as Primus inter pares i.e first among equal. But to become a prime minister, a politician must first be elected leader of his/her political party, which qualifies him/her to be prime minister if his/her party wins the majority seat in the
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The is some logic in this, as in some areas of law, European law over-rules British law, even if it is not ratified by the supposedly sovereign parliament or even by an elected body. A good example of this is the so-called; Metric Martyr, case, in which a Sunderland market stall holder was successfully prosecuted for not following an EU directive over selling goods in metric as well as imperial measurements Blackburn and Andrew (2003) . Still, this raises questions over the need for a British parliament when it does not have complete control over British
Canada runs on a democratic model of governing based on the British parliamentary system. Its parliament is thus divided into two chambers: the House of Commons and the Senate. Elected politicians are seated within The House of Commons while the Senate occupies qualified citizens which are appointed by the Prime Minister. Parliament’s purpose is to hold responsibility for passing legislations and the choosing of government, referring to the political party with the largest amount of seats. Depending on the results of the election, Canada has the potential of having either a majority, minority or in the rare case a coalition government. Customarily, an election in Canada usually ends up forming a majority government. The party with more than
Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised. However, since the Parliament is capable of making any law whatsoever, the concept of the rule of law poses a contradiction to the principle of parliamentary supremacy, entailing that Parliament is not bound by the Rule of Law, and it can exercise power arbitrarily.
This power is lodged in the Parliament and we are as much dependant on Great Britain as a perfectly free people can be on one another.”
However, we can see plenty of examples of how Parliamentary supremacy is restricted. Take for example the case of Factatane (1990) In which we see how European law, has a huge impact on the sovereignty of Parliament. In this case we see Spanish fishing companies registering boats in the UK in order to receive some of the British Fishing quota. According to EU law this is perfectly fine, however it contradicts Parliaments Merchant fishing act (1988)
such as Britain parliament; the modern supervise of the democracy use the laws, separation of
Since the 1950s there has been a rise in the power of the Prime Minister, specially Crossman in 1962 and Benn, who in 1979 referred to “a system of personal rule in the very heart of our Parliamentary democracy”. As Britain has remained the “world’s most successful representative democracy”. The role of the executive has significantly increased at a great deal since the end of World War 2, however, the outward dangers of a supplementary individual hegemony attached to the Prime Minister shouldn’t be overemphasized. Although the modern examples of Margaret Thatcher and Tony Blair whose styles of leadership have each been labelled as presidential. In this essay I will be assessing the four main prime minister’s power and if his or her powers constrained under the British system. For instances, the power of patronage, cabinet power, the party leadership and the mass media. These are four main factors of the prime minister and its effectiveness can be argued.
Lord Steyn was perhaps the most candid. While he conceded that parliamentary sovereignty is the ultimate controlling factor in the British constitution, he claimed that parliamentary sovereignty is a creation of common law and exceptional situations may arise where the courts have to step in to review legislation of the Parliament, implying that even the sovereign Parliament may be subjected to the rule of law.
Some Bills are, therefore, just passed so as to show that both the Parliament and the Monarch are involved in the legislative process.
The most significant and challenge to the traditional view of parliamentary sovereignty was Britain’s membership of the European Community in 1972. The European Communities Act 1972 brought with it the requirement that European Law be given priority over domestic courts over conflicting issues of national law. This notion was a direct affront to parliamentary sovereignty, which required that if a later statute, contradicted and earlier statute, which sought to incorporate European Law into English Law, then the later statute should impliedly repeal the earlier statute. Therefore the European Communities act imposed a substantive limit on the legislative ability of subsequent Parliaments.
The United Kingdom is formally called “United Kingdom of Great Britain and Northern Ireland.” Government in the United Kingdom is considered to be Parliamentary. Although it is parliamentary, it is also described as being “majoritarian.” Parliament in the UK works a little different than the United States; the people of the U.S. are allowed to elect their president. In the parliamentary system the people elect who will be in the legislature, and the legislature then selects who the next prime minister will be. Then, once the prime minister is selected he choses members of the cabinet. This system creates a quick and easy political decision-making by popular majority. In this essay we will discuss the strengths and limitations the majoritarian government of the UK. One of the strengths of majoritarian government is perhaps that it is the fastest to pass or veto legislation, however there are limitations or weaknesses also like it lacks checks and balances from the House of Lords, and the disadvantage that the smaller parties have when it comes to elections, and not having a set calendar date for elections.
This legally ultimate, its source is historically not legal. It is the law because it is the law and not for any other reason that it is possible for the law to take notice of. No statute can confer this power upon Parliament, for this would be to assume and act on the very power that is to be conferred. Firstly, if the Parliament itself decides to abolish its sovereignty and to use a written constitution instead to be adjudicated upon by the judiciary.
The case of AG v De Keyser’s Royal Hotel [1920] is where the House of Lords rejected the government’s right to rely on the prerogative, saying that once a statute has been enacted, the prerogative power fell into ‘abeyance’. The Royal prerogative is part of the common law and statutes overrule common law therefore, statutes are more powerful than the royal prerogative. In the case of R v Secretary of state for the Home Department, ex parte Northumbria Police Authority [1989] it was held that if the prerogative confers a benefit, and the statute does not rule out the use of the prerogative then the prerogative can be used. There are many political controls over the royal prerogative .Constitutional
The royal prerogative is a source of constitutional law; it is derived from common law powers that have been handed down from the monarchy to the executive. The significance of the prerogative in constitutional law is that it provides the executive with considerable power to act without following ‘normal’ parliamentary procedures. As Dicey explained, the prerogative is ‘every act which the executive government can lawfully do without the authority of an Act of Parliament’. In constitutional terms, it is therefore important to explore the means by which the UK constitution secures the accountability for the exercise of prerogative powers by the executive. Historically the prerogative was exercised by the monarchy, the majority of powers are now used by ministers, and very few remained the personal preserve of the sovereign.
The rule of law is thought to be one of the most fundamental doctrines of the constitution of the whole of the United Kingdom. The distinctive UK‘s constitution has influences previously on the judicial system too. Government and the legal systems in history have both been involved in rules and discretion and most of all the elimination of all discretionary power in which both of these are impossible and unwanted. The rule of law means in one sense, government by the law but obviously government is by the people as well as by the law. As soon as the governing people are added in, the government can’t then be by law on there own. Although the situation is not undoubtedly as the making of particular laws can be guided by open and relatively stable general laws that have been made. For the Rule of Law to have meaning in a democratic society, it has to mean that those who run it have comply with it for it to work; there must be no room for an “ends justifies the means”
is the House of Commons a law-maker in the true sense of the word. The