GENERAL INTRODUCTION

BRITISH PARLIAMENTARY SYSTEM

A political culture is a set of attitudes and practices held by a people that shapes
their political behavior. It includes moral judgments, political myths, beliefs, and
ideas about what makes for a good society. A political culture is a reflection of a
government, but it also incorporates elements of history and tradition that may
predate the current regime. Political cultures matter because they shape a
population’s political perceptions and actions. Governments can help shape political
culture and public opinion through education, public events, and commemoration of
the past. Political cultures vary greatly from state to state and sometimes even within
a state. Generally speaking, however, political culture remains more or less the same
over time.

Example: The United States and Great Britain are both democracies, but each has a
distinct political culture. The American government derives its powers from a
written constitution drafted by men who feared monarchs and strong central
governments, which is why they divided the federal government into three distinct
branches. Also, the American political system is dominated by two political parties.
Great Britain, in contrast, has a long history of monarchy and has never had a written
constitution. Even though the current monarch holds the official title of head of state,
her powers are nominal, leaving Parliament—the legislative body—as the dominant
element of the government. And unlike the United States, Great Britain currently
has nearly half a dozen political parties that regularly seat candidates in Parliament.

Aristotle and Citizenship

The Greek philosopher Aristotle was probably the first person to puzzle over what
makes someone a citizen in his treatise Politics (c. 335–323 bce). He reasoned that
living in a particular place does not automatically make a person a citizen because,
in his day (as in ours) resident aliens and immigrants often lived in a country without
becoming citizens. In the end, Aristotle defined a citizen as one who shares in the
offices and power of a regime (even if only in a small way). So, a tyranny has one
citizen, whereas a democracy has many citizens.

Characteristics of Good Citizens

A good citizen lives up to the ideals of the regime and embodies much of what a
particular political culture considers important. An American who lives an
exemplary life but who does not work to help the community will probably be
viewed as a good person but not as a good citizen. Instead, Americans expect good
citizens to help others and to make the community a better place through active
participation in public life. In the United States, a good citizen is often expected to
do some or all of the following:

• Vote in elections
• Obey all local, state, and federal laws
• Pay taxes
• Be informed about political issues
• Volunteer to help less fortunate people
• Demonstrate patriotism by respecting the flag, singing the national anthem,
and knowing the Pledge of Allegiance
• Recycle
• Help the community when needed

Stereotypes

Political scientists seem to be in a quandary. On the one hand, they make

generalizations about politics and people in order to gain a broader understanding.
On the other hand, political scientists do not want to rely on, or perpetuate,
stereotypes. Finding a balance between these two is difficult. Scholars must carefully
examine their use of language and data in an attempt to avoid stereotyping.

Political Culture and Change

Political culture changes over time, but these changes often happen slowly. People
frequently become set in their ways and refuse to alter their attitudes on significant
issues. Sometimes it can take generations for major shifts to occur in a nation’s
political culture.

Example: One example of the ways in which American political culture has been
slow to change concerns the rights of minorities. The Voting Rights Act of 1965
authorized federal troops to supervise balloting in federal elections in the South in
order to protect the voting rights of black Americans. Even though the bill passed
forty years ago, many government officials fear that racial tensions in the South
could still threaten the political freedoms of blacks, which is why Congress and
President George W. Bush reauthorized the Voting Rights Act in 2006.

Nation-Building and Political Culture

Political culture has presented great difficulties to the military forces in Iraq and
Afghanistan engaged in nation-building during the early years of the twenty-first
century. The United States is trying to build liberal democracies in these states, but
in both places, long-held attitudes toward women and other ethnic groups, along
with habits of obedience shaped by years of tyranny, have interfered. As a result,
establishing democracies in these states could take a very long time.

In this course, we are going to use the concept of comparison for the three political
culture. And according to Richard Rose, “Political culture is the character, such as
attitudes of the people of a given society to the basic features of the political system.
People are socialized into political cultures and political scientists talk about agents
of socialization into political culture, as being influential in the formation of political
culture. Through socialization, Britain believes her political culture is the best in the
world.
Political culture is important in ensuring stability, where there is agreement on basic
features of a political system, their stability will be concession. On the other hand,
there is chaos, confusion and instability if there is no concession.
The British system is a system with a mixture of tradition and modernity. After
the industrial revolution, the aristocrats who were previously in-charge of
government adopted to the new situation of industrialization. Consequently there
were no major revolutions as occurred in France. Since 1668 there hasn’t been a
violent over- throw of the government. Britain is a small island. Its boundaries
clearly demarcated by waters. Consequently she had no need for a large Army and
the Army thus had no great influence on politics. She had a large Navy and there
force dominated the sea trade, but the Navy was most of the time at sea and could
not have influence on the political system.
Furthermore, the ethnic factor has not been of great importance in Britain
because it is relatively homogeneous county.
GOVERNMENTAL SYSTEM OF ACTIVITIES
When we speak of governmental activities we usually talk about rule making,
rule implementation and rule adjudication. The corresponding bodies that perform
these functions are the Parliament, the Executive and the Judiciary. Sometimes
functions as these overlap, thus making rigid performance or separation impossible.
In Britain the law making body is called the House of Lords and House of
Commons. The Queen in Parliament, i.e. parliament makes laws which are assented
to by the Queen for effect. Laws are made by the House of Lords and Commons and
assented to by the Queen. This is why the system is called Constitutional Monarchy.
Laws are implemented by the majesty’s government; the Queen is the nominal
head as actual responsibility lies with the Prime Minister and the cabinet, other
minister and the civil servants who constituted the executive and whose function is
implementation.
The judiciary range from the magistrate court to the House of Lords. The
judiciary adjudicates in disputes and punishes offenders. We should add that the
theory of separation of power was enunciated by a French writer, Montesquieu in
‘L’ Espirit de Lois, meaning the spirit of the law in 1948. The theory stipulates that
the three functions of government should be discharged by separate bodies.
According to Montesquieu, if the power of making laws are exercised by the same
men that execute or interprets them, the result will be tyranny. So each body should
act as a check against the other. The theory had a profound effect on many
constitutions likes the America where each body is strictly separated.
THE BRITISH SYSTEM: BASIC FEATURES OF THE BRITISH
CONSTITUTION
Firsts and foremost, one should observe that separation of power is hardly a
feature of the British system. This is because it is based on a very close relationship
between the executive and the legislature what we have in the British system is a
fusion of power.
In early times the executive and legislative power were held by the monarch,
the parliamentary system gradually developed as a check upon the power of the
monarch. At present, there is almost total fusion of powers between the executive
and the legislative.
The government must have a majority in the House of Commons. If it loses
its majority, it most resigns, all the ministers are members of parliament (one is not
a minister if he is not an elected member of parliament where they are chosen).the
fusion of powers developed in Britain because of the need for firm and efficient
government. The emphasis is on co-operation between the three arms of
government. It simply means that the same people who make laws should not
implement them.
THE JUDUARY AND THE OTHER ARMS OF GOVERNMENT IN FUSION.
The modern judiciary is to a large extent independent of other arms of
government. The judges enjoy a security of tenure; they can only be removed at the
agreement of the executive and legislature. To this extent the judiciary is
independent of the executive. But only the Law Lords sit when the House of Lords
act as a court.
Furthermore, the Lord Chief Justice, the Lords of Appeal and the Lord
Chancellor who are judges are also members if the House of Lords. Thus, while there
is some separation of powers with regard to the judiciary there is fusion of powers
between the judiciary and the executive.
UNWRITTEN NATURE OF CONSITITUTION
The British constitution is an unwritten one in the sense that there is no one
document embodying the rule covering relations between the three arms of
government. In most countries the constitutions are written in one document e.g. the
American constitution of 1787. Such countries drew up a constitution either as a new
nation or when an old constitution is being replaced. But the British constitution has
grown up over a long period of time. It developed in a piecemeal.
ELEMENT OF THE BRITISH CONSTITUTION.
There are various constituting elements such as:
1) Statutes: they are acts of parliament which form part of the constitution
affecting the operation of different arms of government e.g. the appointment
of Life Peers(those who hold Peerage in the House of Lords)
2) Common Law: is the traditions (laws of the British people from time
immemorial) a large part of the constitution is prescribed by the common law
e.g. the rule that no person can be punished in the normal courts. The common
law rules can be found as court judgments, and in the writings of constitution
lawyers.
3) Convention: this is the third element. A convention of the constitution is
defined as a precept for the guidance of public men not found in statute or
common law but hardly less sacred. A large part of the British constitution
depends on conventions. For instance:
a) A government defeated in the House of Commons, that government most
resign and call for dissolution of parliament.
b) After general election, government is formed by the party having a
majority of seats in the House of Commons. It is called upon by the Queen
to form government.
c) The Prime Minister must be a member of the House of Commons.
d) Royal assent to acts of parliament is automatic nature of the British
government.
 Most of the conventions are designed to ensure that parliament and cabinet
exercise those powers in such a way as to give effect to the will of the electors.
One advantage of convention is that they can bring about changes in the
system without the need for change in the laws. These have happened for
many occasions, e.g. the balance of power between the Monarchs; the House
of Lords and House of Commons have changed through the operations of
conventions. Time was when powers were concentrated in the hands of the
Monarch.
Conventions are strictly observed, as a breach of them would make
government impossible. If a government of the day so violates a convention
it will be difficult for it to rule. If government is defeated in the House of
Common and does not resign it will not be able to raise funds to run its
activities because it will not have the support from the House of Commons it
needs for its functioning. Conventions are flexible, e.g. the marriage of a
Monarch is the affairs of that Monarch but this changed in 1936 when the
abdication arises. The new convention that the Prime Minister must be a
member of the House of Commons emerged in 1922.
THE CONSTITUTION IS A UNITARY SYSTEM.
The British constitution is unitary. This means that there is one
sovereign body which has supreme power and can override or abolish all other
bodies if it wishes. The opposite of unitary is federal where responsibility for
government is divided between a number if authorities with none trying to
interfere with the power of the other e.g. U.S.A.
Other authorities in Britain e.g. the Local Authorities, the Northern Irish
and now the Scottish Provincial parliament only exercise power given to them
by the Queen-in-parliament, not by the constitution. Their actions can be over-
ruled and their powers can be taken away at any time. The parliament in
Britain is the sovereign in the sense that it can make or unmake any law. For
instance the extent of the U.K was altered by acts of parliament when Scotland
was unified with England in 1707. The succession to the throne was altered
by the acts of succession of 1701.Furthermore there is nobody that can set
aside legislation passed by parliament.

THE RULE OF LAW

 Rule of law is one of the fundamental principles of the British
constitution. It means the supremacy of the law and that government must act
in the principle of the law. It reflects in three main ways:
a) Nobody should be punished arbitrarily for any reason except it is proved
in the court of law.
b) Violation must be established in the normal court.
c) Nobody is above the law
d) Legal rights are vested in the individual. The government has no power to
take away the rights of individual rights.
FLEXIBILITY
The constitution is flexible. Statutes are changed by parliament as
occasion demands. Common law is interpreted by the courts as cases occur
while conventions serve the purpose of changing practice without changes in-
law consequently, the constitution is always changing without special
formalities.
THE HOUSE OF LORDS
The British parliament is bicameral, the House of Lords and the House of
Commons. Now the House of Lords is the upper House or the Senate as known in
the Presidential system.
1) History of the House of Lords: it is the older of the two British Houses
of parliament. It developed from the king’s council of early medieval
times which met three or four times a year to advice the monarch and
to empower him to raise extra money in taxation as it consisted of the
most powerful British citizen, the House of Lords were dominant in the
legislature for a long time. However, by the time of the Stuarts the
pattern began to change. The Commons had obtained control over
national finances and this gave them supremacy in the legislature.
The status of the House of Lords was gradually reduced by the
change in social and economic conditions brought about by the
industrial revolution.
2) Composition of the House of Lords: it has about 850 members.
However only a small number of about 50, attend meetings of the
house. The composition is as follows:
i) Hereditary Peers
ii) The Law Lords
iii) Life Peers
 iv) The Lords Spiritual
The hereditary peers are holders of peerages. Most members of the house
belong to this class. It is the class of the nobles and they are 750 in numbers.
The Law Lords: are the Lords of Appeal in ordinary appointed by the crown
as life peers. Their title is not hereditary but on the basis of their legal status. The
main purpose is to help in the judicial work of the house. They are selected from
eminent judges and they also take part in normal legislative process. They are 11 in
numbers.
The first of the life peers was created in 1958. The idea was to strengthen the
active membership of the House of Lords and over-come the practical disadvantages
of the hereditary principle.
The Lords Spiritual: are the Arch Bishop’s Canterbury, 26 in numbers, York
21 in numbers Dioceses Bishop of London, Winchester and Durham, all 21 in
number and Bishops next in order of Episcopal seniority. Nowadays the intervention
of the Lords Spiritual in the business of the house is confined to religious and moral
matters.
3) Function of the House of Lords: we can divide the function into two:
legislative and judiciary.
a) Legislative: before 1911, it could reject any bill passed by the
Commons. However, by convention they could not amend but could
reject money bills (the budget). The parliament act of 1911 made
two important changes in the legislative powers of the House of
Lords. Under that law money bills could become law without
agreement of the House of Lords. But ordinary bills could be
delayed for a maximum of two years, though the act of 1949 reduced
it to one year.
Although the House of Lords was originally equal in power with
the Commons, it is now only able to delay legislation of the House
of Commons for one year. Furthermore, many of the amendments
are usually accepted by the House of Commons as they help in
improving the quality of legislations.
All bills are initiated by the House of Commons. But a few bills
with legal flavor and minor ones are introduced in the House of
Lords to save time. The House of Lords is especially well placed to
discuss current affairs and they do so without necessarily following
strict party lines as they have more time and experience.
 b) Judiciary: the House of Lords which is a branch of the legislature
is the highest court in Britain. The reason for this peculiarity is
historical. When the King or Queen used to exercise power his
council known as the “Curia Regis” advised the Monarch on judicial
issues as well as legislative and administrative matters. But when
the Monarch ceased to administer justice in person, the House of
Lords took over as the final judicial authority.
It should be noted that when the Lords is acting as an Appeal
Court, only a few peers of legal background attend to ensure
effectiveness. Under the judicature act of 1873/75, the House of
Lords is the Court of Appeal for both civil and criminal cases.
4) Criticism of the House of Lords:
a) It is undemocratic as members are not elected. They are there
because of noble birth, legal attainment or national service.
b) It has a large conservative majority as members were historically
drawn from the aristocratic class.
c) It is restricted to a narrow section of the community.
5) Merits of the House of Lords:
a) Members are more independent than if they were elected.
b) Discussions are of a very high standard because participants are
genuinely interested.
The different character of the House of Lords provides a desirable
contrast of the House of Commons.
THE HOUSE OF COMMONS.
The traditional date of 1295 could be seen as the beginning of the House of
Commons. At present the country is divided into 630 constituencies each represented
by one member. The candidate that secures the highest number of votes in the
constituency is elected. This is called the first-pass-the-vote system. Britain is
dominated by two parties. Independent candidates are handily elected. The third
party, the Liberal is not really doing well.
The Speaker: The speaker is Chairman of the House. The office has been in
existence since the 14th century. The first business of the House is to elect a Speaker.
By convention an existing Speaker is not opposed. Once a Speaker has been elected,
he enjoys the allegiance of members irrespective of party.
Opposition Leader: He is the head of parliamentary opposition party. That is the
party with the number of member next highest to that of the government. He is
regarded as the alternative Prime Minister. His salary is paid from government funds.
He presides at the meetings of the shadow cabinet and leads the opposition at the
discussion of important debates. Each member of the shadow cabinet has a
responsibility for a particular branch of government work: education, health etc.
The opposition commands a large measure of public support. It contains ex-minister
and potential ones and could form an alternative government whenever the need
arises. Its main task is to carry out a continuous and responsible criticism of the
measures and actions of the government. The existence of an opposition makes for
efficiency of an opposition in government measures. The opposition represents the
views of electors who do not support the policies of the existing government. It
promotes greater public awareness through criticism of government action in and
outside parliament.
COMMITTEES OF THE HOUSE OF COMMONS.
There are three types:
1) The Legislative Committees: The House of Commons has operated the
committee system for over 300 years. The most important work is the
enactment of legislation and one of the stages in the process of law making is
the committee stage at which the bill is examined in detail.
2) Financial committees: Several committees deal with financial matters. The
most important are:
a) Committee on supply
b) Select committee on estimates
c) Committee of ways and means
d) Select committee on public accounts
3) Committees of Investigation: They are appointed to investigate particular
problems.
PROCEDURES FOR ENACTING LEGISLATION.
The cabinet decides when a bill is to be introduced. These are particularly
government bills and not private members bill procedure includes:
a) First Reading: This is just the announcement of the title of the bill. It is a
formal stage to inform the house that the bill is to be introduced; copies are
printed and circulated to members.
b) Second Reading: The idea of reading is a technical term. It means the
presentation of the bill as a matter of information. At the second reading,
the minister moves a motion for the second reading and the general
principles of the bill discussed. A motion is passed, sending the bill to the
committee’s stage.
c) Committee stage: At the committee, the bill is examined clause by clause
and details examined. Amendments may also be proposed.
d) Report stage: Here the committee reports to the house and amendments
suggested are considered.
e) Third reading: This is the final stage where the bill is further examined
by the whole house to clear ambiquities and improve the drafting of the
bill.
f) The House of Lords: This is the next step of the bill. Here the bill passes
through the same procedure as the commons. If it is amended by the Lords
it goes back to the Commons. The Commons may the amendments or
rejects them and returns it to the Lords. At this stage if both houses
disagree, representatives are appointed among both to settle the differences
at a conference.
g) Royal Assent: This is the stage where the bill is given approval by the
monarch. This is often approved by both houses. The Royal Assent is just
a mere formality because the Queen has no power to refuse the needs of
the people. The assent these days is rather automatic.
DELEGATED LEGISLATION
This is law made by some authorities other than parliament under
powers conferred by parliament. The purpose is to reduce pressure on
parliamentary time.
TYPES OF DELEGATED LEGISLATION
1. Provisional Order: This enables the minister to make certain laws e.g.
in respect to public transport. It is provisional in that it is quick, and the
minister who so makes the order will go back to report to the parliament
for confirmations.
2. Special Procedure Order: This one confers special power on local
authority. But instead of the order being confirmed by parliament, it is
placed before parliament. After 14 days before parliament it becomes
automatic, unless there is opposition by both houses.
3. Statutory instruments: These are ministerial regulations applying to
the whole country not just to an individual.
THE EXECUTIVE
The Monarch is the King or Queen. In Britain, the monarchy is
hereditary. It is an essential part of the legislature as no act can come
into force without royal assent. It is the Queen that appoints the Prime
Minister. Other minister she appoints on the advice of the Prime
Minster. She exercises royal prerogative such as declaration of war,
peace treaties, granting of pardons, creation of peers, etc. These
prerogatives are exercised on the advice of the Prime Minister.
THE PRIME MINISTER:- Is the actual head of government. The part
was legally recognized in 1905 although the function was performed
with different titles much earlier, such as First Lord of the Treasury or
Chief Minister. For example, Sir Robert Walpole was Chief Minister
between the years 1721-1742.
In the previous century, the Prime Minister was regarded as
‘primus inter pares,’ that is first among equals, at cabinet meetings. He
acted as chairman but had no special dominance. Today the Prime
Minister has more authority than his colleagues especially because of
his status as a national figure. He must also be a member of the
Commons nowadays. Unlike in the previous centuries when they were
peers for example, Lord Wellington, Lord Liverpool and Lord
Melbourne. This convention arose largely because the House of
Commons is now a dominant chamber.
In 1963, Sir Alec Douglas Home renounced his earldom (peerage
title) in order to become Prime Minister. The Prime Minister makes
important government statements in the House of Commons. He winds
up major debates and answers questions on major national policies. He
recommends the appointment of other ministers and officers of state
like Ambassadors, Judges, etc to the Queen. He carries out cabinet
reshufflement whenever circumstances dictate. And he is the chairman
of the cabinet, co-ordinates the work of various ministers. He also
settles their differences.
Inspite of the Prime Ministers status and power, he is not a
dictator. His authority rests upon control of parliament, the cabinet and
his party. He needs to get these forces united behind him.