Constitution and government

The United Kingdom has never had a written Constitution. However the UK Constitution is unwritten only in the sense that die documents upon which it is based have not been brought together in a single inclusive statement. The major elements comprising this un­written constitution are historic documents, judicial interpretations, privileges of Parliament and a few clas­sic writings.

The principal constitutional documents are the Magna Carta /1215/, the Petition of Right /1628/, the Bill of Rights /1689/, the Act of Settlement, and the Representation of the People Acts. Two key con­cepts around which the unwritten constitutional norms have evolved are the rule of law and parliamentary sovereignty.

The unwritten constitution of the United Kingdom is facing increasing pressures from several direc­tions. Parliamentary sovereignty is being challenged as a result of the United Kingdom's ascension to the European Community where EC legislation prevails. The second is the challenge of terrorism to the rule of law, which becomes irrelevant when militant groups bypass legal procedures. The third is the challenge of nationalism to the unitary state.

The United Kingdom is a constitutional monarchy in which " the queen reigns but doesn't rule". It is a tribute to the British monarchy that it still occupies an important place in the political system and national life.

The power of the crown to act without consulting parliament is called " the royal prerogative". In theory, the scope of the prerogatives is vast. The queen appoints the Prime Minister and summons and dis­solves Parliament, opens and closes sessions of Parliament.

Declarations of war, treaties with other countries and the granting of self-government are executed by the crown. As the " fountain of justice ", the queen appoints judges and dispenses mercy; criminal cases are conducted in her name.

As the " fountain of honour", she creates peerages and awards other titles and decorations. As the " defender of the faith", she appoints bishops of the Church of England. As commander -in-chief she is the head of the armed forces. As the head of the Commonwealth she is die symbol of unity among its members. As head of state she " encourages, warns and advises" the Prime Minister. In practice, these powers are ceremonial. Thus, the Queen's speech, although read by queen in person, is written by the Prime Minister. The prerogative of mercy is exercised on the advice of the home secretary.

The queen and the royal family have acquired a broader significance within the political culture. The Queen is the head of state of Antigua and Barbuda, Australia, Bahamas, Barbados, Beliz, Canada, Gre­nada, Jamaica, Mauritius, New Zealand, Papua New Guinea, St. Christopher and Nevis, St. Lucia, St. Vin­cent and the Grenadines, the Solomon Islands and Tuvalu. The title to the crown derives from statue and common law rules of descent. Succession is limited to lineal Protestant descendants of Princess Sophia, granddaughter of James I of England. Sons have precedence over daughters in the line of succession. When a daughter succeeds, she becomes queen regnant, but her husband does not enjoy any special rank or privileges.

About 85% of the royal expenditure is met from the national Treasury. The royal public expendi­tures on official duties are financed from the civil list /4, 300, 000 pounds in 1987/. Her private expenditures are met from the Privy Purse.

The government is made up to the prime minister, secretaries of state, ministers, ministers of state, junior ministers and private parliamentary secretaries. The size of government is over 100. The Cabinet is the group of senior ministers, generally 10 in number. The main functions of the Cabinet are: the final determination of policy, supreme control of the executive and continuos coordination of the ac­tivities of state.

The composition of the Cabinet is left to the personal discretion of the Prime Minister. The Cabi­nets meets twice weekly for about two hours. The meetings may be held at the Cabinet Room at 10 Down­ing street, at the House of Commons or a t Chequers, the prime minister's country residence. The Cabinet does not issue orders but " takes note", " approves" or " invites". Its decisions are written as " conclusions".