Legislatures of the United Kingdom - Wikipedia
It has never been thought necessary to consolidate the basic building blocks of this order in Britain.
What Britain has instead is an accumulation of various statutes, conventions, judicial decisions and treaties which collectively can be referred to as the British Constitution. It is thus more accurate to refer to Britain's constitution as an 'uncodified' constitution, rather than an 'unwritten' one.
It has been suggested that the British Constitution can be summed up in eight words: What the Queen in Parliament enacts is law. Parliamentary sovereignty is commonly regarded as the defining principle of the British Constitution.
- What is the UK Constitution?
This is the ultimate lawmaking power vested in a democratically elected Parliament to create or abolish any law. Other core principles of the British Constitution are often thought to include the rule of law, the separation of government into executive, legislative, and judicial branches, and the existence of a unitary state, meaning ultimate power is held by 'the centre' - the sovereign Westminster Parliament.
The lower house, the House of Commons, consists of MPs Members of Parliament elected from one of electoral districts. In the Commons, majority rules.
The majority party makes all the laws. The minority has little voice. The judiciary has no power of review as in the U. Since Britain has no formal, written constitution, no law can be unconstitutional. The head of state, analogous still with the American President, is the monarch King or Queen.
The monarch must approve of all bills, though the process today is little more than a rubber stamp. The Speaker of the House of Commons, elected by the House, acts as the referee in debate between the majority and the minority. The MPs in the House of Commons sit for five years, or until the monarch at the Prime Minister's behest dissolves Parliament and calls for new elections. The Prime Minister also heads the Cabinet. In Britain, the majority party in the House of Commons holds all of the power.
The judiciary has no power of review. The House of Lords holds little more than delaying powers. By tradition, the monarch does not veto bills passed by the Parliament. And the de facto head of state, the Prime Minister, is a member of the Commons.
The French Example In France, the President is elected for five year terms by the people to a powerful position. The President can, and has, dissolve Parliament and call for new elections.
The President appoints the Prime Minister. Together, the President and Prime Minister head the executive branch. The President does not have veto power over legislation, but can ask Parliament to reconsider a bill.
Most bills passed into law originate with the Government. The President presides over the Cabinet, and has vast emergency powers. The French President, de jure does not have many powers, but because of the French election system, he usually has great popular support and is able to leverage that into political power.
Legislatures of the United Kingdom
When the President's party holds power in the legislature, he is quite powerful, but it is quite diminished when the legislature is not controlled by his party. The Prime Minister, chosen by the President from the majority party in the National Assembly the lower househas power that varies in direct correlation to that of the President. The Prime Minister chooses the members of the Government and is head of the military and the civil service. Deputies of the Assembly are elected by the people for five year terms.
There are currently deputies.
Constitutional Topic: Separation of Powers - The U.S. Constitution Online - cypenv.info
The Assembly can vote to dissolve the Government, but in reality, such a move is unlikely. The Senate, the upper house, is more powerful than the House of Lords in Britain, but not by much. Senators are elected by the various local officials from across the country to six year terms. There are currently senators.
Separation of powers in the United Kingdom - Wikipedia
There is a written French Constitution. Laws, after passage but before enactment, can be reviewed by the Constitutional Council. Review is either requested for most laws or mandatory for laws affecting the Constitution. Its nine members consist of three appointed by the Government, three by the Assembly, and three by the Senate.
The Council is designed almost like the U. Supreme Court, but it has little of the power of that court. For the French, the majority of the power lies in the hands of the Government. If the President is of the same party as the Government, he can also wield considerable power.
The Assembly is highly limited to legislate on topics specifically spelled out in the Constitution; the Senate has far less power than the Assembly. The Constitutional Council has not proven to be the force in French government that it appears to have been designed to be. The Canadian Example Canada was a subject of Britain for several centuries, and its system has many similarities with the British system.
Separation of powers in the United Kingdom
UntilCanada did not have full control over its own constitution. Parliament has a legally unchallengeable right to make whatever laws it thinks right.
The executive carries on the administration of the country in accordance with the powers conferred on it by law. The courts interpret the laws and see that they are obeyed. Division between organs of parliament[ edit ] The UK Parliament creates law through the authority of the Queen-in-Parliamentsecuring the support of at least the House of Commonsand usually the House of Lords as well — although since the passing act of the Parliament Act this has not been necessary.
The power to create primary legislation has also been devolved to Scottish and Welsh parliaments and to government ministers and local authorities to create secondary legislation. The Council and the Commission of the European Union also exercise executive power, as do devolved governments.
It oversees both public and private law through civil and criminal courts and a variety of tribunals. This is not in itself a measure of efficiency or good process, or what the function actually entails. Keeping all three roles separate is seen as both theoretically and practically impossible. This led Walter Bagehot to declare the "nearly complete fusion" of the roles in the nineteenth century. Other writers have stressed that the harmonisation of the legislature and executive does not preclude their distinctiveness.