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FUNCTIONS AND POWERS OF THE MONARCH



 

The monarch in law is the head of the executive, an integral part of the legislature, the head of the judiciary, the commander-in-chief of all the armed forces of the Crown and the temporal head of the established Church of England. But the Crown is only sovereign by the will of Parliament, and the Queen acts on the advice of her ministers which she cannot constitutionally ignore. And in most matters of state the refusal of the Queen to exercise her power according to the direction of her Prime Minister would risk a serious constitutional crisis. That's why it is often said that the monarch reigns but does not rule.

Nevertheless, the functions of the monarch are politically important. The powers of the monarch are to summon, prorogue and dissolve Parliament; to give royal assent to legislation passed by Parliament. The Queen is the " fountain of justice" and as such can, on the advice of the Home Secretary, pardon or show mercy to convicted criminals. As the " fountain of honor" the Queen confers peerages, knighthoods and other honors. She makes appointments to many important state offices. She appoints or dismisses government ministers, judges, governors, members of diplomatic corps. As the Commander-in-Chief of the armed services (the Royal Navy, the Army and the Royal Air Force) she appoints officers, and as temporal head of the established Church of England she makes appointments to the leading positions in the Church.

In international affairs as Head of the State the Queen has the power to conclude treaties, to declare war and to make peace, to recognize foreign states and governments, and to annexe and cede territories.

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THE BRITISH ROYAL FAMILY

 

The British Royal Family is the group of close relatives of the monarch of the United Kingdom. Members of the royal family belong to, or are married into, the House of Windsor, since 1917, when George V changed the name of the royal house from Saxe-Coburg and Gotha.

 

Members and relatives of the British Royal Family historically represented the monarch in various places throughout the British Empire, sometimes for extended periods as viceroys, or for specific ceremonies or events. Today, they often perform ceremonial and social duties throughout the United Kingdom and abroad on behalf of the UK, but, aside from the monarch, have no constitutional role in the affairs of government. This is the same for the other realms of the Commonwealth, in personal union with the United Kingdom, though the family there acts on behalf of, is funded by, and represents the sovereign of that particular state, and not Britain.

 

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HISTORY AND STRUCTURE OF THE BRITISH PARLIAMENT

 

Like the Monarchy, Parliament in Britain is an ancient institution dating from the beginning of the 13th century, though officially it was established in 1265 by Simon de Montfort. It is the third oldest parliament in the world.

Parliament is the supreme legislative body of the United Kingdom. The main function of Parliament is legislating bills, making bills lawful. But Parliament is not only law-making body, it is also a law-enforcing body, i.e. it has judicial functions. British Parliament is free to make any laws it wishes. It could even prolong its own life if it chose to do so. The only guarantee against parliamentary tyranny is the sense of tradition and reasonableness of its members.

Other functions of Parliament are to raise money through taxation so as to enable the government to function, to question and examine government policy and administration, particularly its financial program, and to debate important political issues.

History knew Short and Long Parliament (Short lasted 2 weeks, Long – 12 years) but since 1911 every parliament is limited to a 5-year term of work. The work of Parliament is divided into sessions. Every session starts at the end of October or the beginning of November and lasts 36 weeks up to late August. Annual Opening of Parliament by the Queen is a traditional ceremony, very beautiful and pompous.

 

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THE TWO HOUSES OF THE BRITISH PARLIAMENT

 

British Parliament is composed of two houses – the House of Lords and the House of Commons. The House of Lords appeared first as King's council of the nobility. The House of Commons originated later, in the second half of the 14th century." Commons" were the representatives of different local communities who were summoned to provide the King with money. The more money demanded, the more the Commons questioned its use. Because of its financial power, its ability to raise or withhold money, the House of Commons gained power not only in matters of finance but also legislation over both the monarch and also the Lords.

The Houses work in different places, in the opposite parts of Westminster palace. The arrangement of seats in both is of great significance and reflects and maintains the two-party system of Britain. Both the Houses are rectangular (not semicircular as most European Chambers) in shape with rows of benches on either side and a raised platform for the throne in the House of Lords and the Speaker's Chair in the House of Commons.

To the right of the Speaker are the seats for the Government and its supporters, to his left – for the Opposition. So the debates are face to face debates. Facing the Speaker there are cross benches for Independent members, for those who do not belong to either of the two leading political parties.

There are 5 rows of benches in the House of Commons. (4 – in Lords') on both of its sides. Front benches on either side are the seats of the Government (Cabinet members) and the Opposition (Shadow Cabinet members). Hence, the division of MPs into front-benchers and back-benchers.

Each of the Houses enjoys certain rights and immunities to protect them in carrying out their duties. They are: freedom of speech in debates, freedom from arrest, the right of access to the Crown (collective privilege for the Commons and individual for peers). The Commons have the right to exclude a MP and declare his seat vacant. The proceedings in both the Houses are public and visitors are admitted into the Strangers' Gallery. The number of visitors is limited to about 200, no cards or passes are required, but metal-control check is necessary. " First come, first go" – this principle works in both galleries. Since 1803 the reports on Parliamentary procedures have been published the following day. Proceedings of both Houses are now televised, the Lords since 1984 and the Commons since 1989.

 

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THE HOUSE OF COMMONS

 

When speaking about General Election, election to the House of Commons is meant. Of its 659 members 529 represent constituencies in England, 40 – in Wales, 72 – in Scotland and 18 – in Northern Ireland (119 MPs are women). The House of Commons is usually meant when speaking about British Parliament. " MP" is addressed only to the members of the House of Commons. So this House is the centre of real political power, most of its members being professional politicians, lawyers, economists, etc.

Opposition, and the Leader of the Opposition is a recognized post The party that has won the General Election makes up the majority in the House of Commons and forms the Government. The party with the next largest number of members in the House (or sometimes a combination of other parties) forms the official in the House of Commons.

The MPs sit on two sides of the hall, one side for the governing party and the other for the opposition. There are seats for only 437 MPs. One of the most important members in the

House of Commons is the Speaker who despite his name is the one who actually never speaks. The Speaker is the Chairman of the House of Commons. He is elected by a vote of the House at the beginning of each new Parliament to preside over the House and enforce the rules of order. He cannot debate or vote. He votes only in case of a tie, i.e. when voting is equal and, in this case he votes with the Government. The main job of the Speaker is to maintain strict control over debates, to keep fair play between the parties, the Government and opposition, between back-benchers and front-benchers. The Speaker is responsible for the organized conduct of business, and is required to act with impartiality between Members in the House. He must forbid grossly insulting language. It is the Speaker who selects MPs to speak and when an MP is about to finish his speech several MPs stand up trying to catch the Speaker's eyes and get his permission to talk. The order of speakers is not arranged in advance, so the tradition of catching the Speakers eye affords him enormous powers either to restrict or to widen criticism of a bill by selecting the " right kind" of MP. The Speaker is assisted by three deputy speakers.

 

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