The government in power has the authority to alter the electoral system. This ability was closely scrutinised when the Labour Party’s 1997 election manifesto included a commitment to hold a referendum in which voters would be presented with a choice between the existing system and a system of proportional representation, which embraces characteristics of many electoral systems.
The elected MPs sit in the House of Commons which has around six-hundred-and-fifty members, each representing a given geographical area, or constituency. It exists as much to protect local interests as to define national issues and representation is divided broadly between counties and boroughs. An elected MP must represent all the people in the constituency, not just those who voted for the party they support. Most MPs spend the majority of their time dealing with letters and meeting constituents in regular ‘surgeries’. They also present petitions to Parliament on behalf of the public.
Government is led by the cabinet (senior ministers) who must be a member of either the House of Commons or the House of Lords and they are more often than not comprised of members of the party in power. Although members of the House of Commons earn their seat through the electorate, members of the House of Lords are not elected to their position but rather attain their position through or appointment. Another arm of the government is the civil service which is a non-political yet permanent arm of the government. The various departments of central government are administered by the secretary of State.
Devolution is the means by which power is transferred throughout the government. The powers acquired by the government are essentially provided by the Queen, they are commonly referred to as the ‘royal prerogative powers.’ They are effectively devolved from the Monarch to her ministers. The main prerogative powers exercised by the government are to deploy and use the armed forces overseas, make and ratify treaties, acquire and concede territory, organise the civil service.
In formal terms the Monarch, as the head of state, possesses substantial powers. The Queen retains the legal capacity to veto any bill passed by the House of Commons and dissolve Parliament and call a general election. Such actions are elements of the royal prerogative. This could be essential if for example, that a government, fearing it will lose the next general election, passes a bill to extend the lifetime of Parliament without opposition party agreement. However these powers are rarely exercised and the Queen’s role is essentially a purely ambassadorial and ceremonial one by way of ‘rubber stamping’ bills to give royal assent.
Central government are concerned with the day-to-day running of state affairs. Some of their responsibilities include: keeping levels of public expenditure under control through the budget, debating on points of law and scrutinising the language of the law to ensure that statutory interpretation is easier for the judiciary, they then initiate such legislation and implement it through the judiciary. They are also responsible for developing policy relating to the legal system, which includes providing public legal aid.
Through the judicial arm of the government they run the Ministry of Justice and Her Majesty’s Courts Service including administration of the civil, criminal and family courts across England and Wales including control of the prison and probation services. They also have an important role in managing the country’s constitutional affairs and our relationships within the EU, particularly concerning our Human rights.
Other roles of central government include advising local councils about provision of services and checking their performance. The government sets broad policies but a large part of the interpretation and implementation of those policies is down to the relative departments of local authorities. These are the principles which govern the relationship between central government and local authorities.
In April 2009 ‘unitary authority’ was introduced to simplify the system of devolution across national local councils and eight regional assemblies were introduced. Unitary authorities combine the functions of county and district councils in 45 areas of England and Wales. Some examples of local government sub-divisions of counties are: regional, county, metropolitan, district, town, parish or community councils. Each respective council consists of its constituents, employees, advisors and a councillor. Councillors are elected to their position and, with the input of government advisors, act on their recommendations and set policies for their council.
The size and range of powers exercised by local councils have obvious implications. The larger a council, and the more extensive its powers, the greater scope it possesses to act as a meaningful alternative to central government; more-so when the local electorate opposes the party commanding a majority in the house of Commons. This is, however not to say that local authorities lack a significant degree of power in their constituencies, nor does central government deprive them of it. After all, it is widely recognise that the average voter votes not for a party on a national basis, but for an individual representative of a party in their local constituency. The Heath government of 1971 stated that:
“A vigorous local democracy means that authorities must be given real functions; with powers of decision and the ability to take action without being subjected to excessive regulation by central government through financial or other controls. Above all else, a genuine local democracy implies that decisions should be taken, and should be seen to be taken, as locally as possible.”
Elected local authorities receive various grants from central government, such as income from trading operations, rent from council houses and the locally levied council tax paid by local businesses and householders. Council tax pays for a range of services from education to public services, i.e. the police, fire brigade, waste disposal and provides funding for advice, especially through the Citizens Advice Bureau.
Each local authority has extensive responsibilities in areas of housing provision and town planning. Another integral part of their duty is towards state-schooling and health and social services. Other duties include environmental health, the provision of sports and leisure facilities and expanding culture and tourism. A county council which provides such services throughout its area might contain within its boundaries several borough councils, each controlling such issues as housing and town planning also. Such councils could be town and parish councils who share with district councils the responsibility for, amongst other things, the provision and maintenance of bus shelters, public conveniences and the lighting of footpaths.
Although a local authority is a separate legal entity from central government it can make its own laws, albeit minor ones, through by-laws although its powers are derived from Acts of Parliament and if it goes beyond these then it breaks the law.
Bibliography
Allen, M. & Thompson, B. (2008), ‘Cases and Materials on Constitutional and Administrative Law’, 9th Ed., O.U.P
Bagehot, W. (2001(, ‘Bagehot: The English Constitution’, West Nyack, Cambridge University Press
Barnett, H. (2002), ‘Constitutional and Administrative Law’ (4th Ed), London, Cavendish Publishing Limited.
Bradley, A.W. & Ewing, K.D. (2003), ‘Constitutional and Administrative Law’ (13th Ed), Essex, Pearsons Educational Limited.
Carroll, A. (2002), ‘Constitutional and Administrative Law’ (2nd Ed), Essex, Pearsons Educational Limited.
Dingle, L. & Miller, B. (2004), ‘UK Constitutional Reform’, Squire Law Library,
Jowell, Professor, QC. (2004), Memorandum (Reference: GBI 17) ‘Response to The Public Administration Select Committee’s 3rd Report’, Published on 12th February 2004 HMSO
Loveland, I. (2003), ‘Constitutional Law, Administrative Law and Human Rights: A Critical Introduction’, 3rd Ed., LexisNexis UK.
Mackintosh, J.P. (1977), ‘The British Cabinet’, Stevens & Sons
Turpin, C. & Tomkins, A. (2007), ‘British Government and the Constitution’, 6th Ed., C.U.P
Wright, A. (1999), ‘British Political Process: An Introduction’, London, Routledge.
) cited 14/10/2010
cited 14/10/2010
) cited 14/10/2010
cited 14/10/2010
Butler. D & Kavanagh. D, (2005) ‘The British General Election’ P.1
Jenkins. R, (1998), ‘Report of the Independent Commission on the Voting System’
Allen, M. & Thompson, B. (2008), ‘Cases and Materials on Constitutional and Administrative Law’, p. 238
Loveland. I, (2009), ‘Constitutional Law, Administrative Law & Human Rights’