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Legal English

Group Assignment

Uploaded by

Linh Ngụy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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INTRODUCTION.................................................................................................................................

1
BODY......................................................................................................................................................1
I. The type of government and the separation of power in the UK...................................................1
1.1. The type of government in the UK............................................................................................1
1.2. The separation of power.............................................................................................................1
II. The government branches................................................................................................................2
2.1. The Legislative Branch of Government....................................................................................2
2.1.1. Structure of the legislative branch.....................................................................................2
2.1.1.1. The House of Commons...............................................................................................3
2.1.1.2. The House of Lords.......................................................................................................3
2.1.1.3. The Monarch.................................................................................................................4
2.1.2. Function of the legislative branch......................................................................................4
2.2. The Executive Branch of Government......................................................................................5
2.2.1. Structure of the executive branch......................................................................................5
2.2.1.2. The Cabinet...................................................................................................................6
2.2.1.3. The Civil Service...........................................................................................................8
2.2.2. Function of the executive branch.......................................................................................8
2.3. The Judiciary Branch of Government......................................................................................9
2.3.1. Structure of the judiciary branch.......................................................................................9
2.3.1.1. Supreme Court............................................................................................................10
2.3.1.2. The Senior Courts.......................................................................................................10
2.3.1.3. The basic courts...........................................................................................................11
2.3.2. Function of the judiciary branch......................................................................................11
CONCLUSION....................................................................................................................................12
REFERENCES.....................................................................................................................................13
INTRODUCTION

The United Kingdom, a country in Northwestern Europe, off the coast of


the continental mainland, has a unique political system that has evolved over
centuries. The structure of government in the UK plays a crucial role in shaping
the nation’s policies, programs and overall governance. In this essay, we will
provide a comprehensive and fundamental understanding of the UK government
and its separation of power.

BODY

I. The type of government and the separation of power in the UK


1.1. The type of government in the UK
Britain is a constitutional monarchy, which is a system of government
that is ruled by a king or queen whose power is limited by its country's
constitution. Political power is shared between the monarch (the king or queen),
and a constitutional government, such as parliament. This type of monarchy is
different from an absolute monarchy. In an absolute monarchy, there is no
constitutional government, and the king and queen hold all of the power to
govern their people. In a constitutional monarchy, the legislature holds the most
political power.
The UK is also a parliamentary democracy. That is, it is a country whose
government is controlled by a parliament which has been elected by the people.
Norton of Louth, a professor of government at the University of Hull,
explained: “Parliamentary democracy is a particular form of representative
government: essentially, a democratic system in which government is drawn
from and regularly answerable to the elected national assembly.” 1
1.2. The separation of power

1
Lord Norton of Louth (2012), Oxford Companion to Comparative Politics.

1
“Separation of powers” refers to the idea that the major institutions of
state should be functionally independent and that no individual should have
powers that span these offices2. The three branches of state are: The legislature,
The executive, The judiciary.
The UK does not have a strict separation of powers. The branches of the
state are closely linked. For example, the Prime Minister is both head of the
executive (Government) and generally the leader of the majority party in the
legislature (Parliament). This is because to form the government in the UK a
political party has to win more local elections than other parties to have the
most MPs (members of parliament). This means the leader of that party will be
the head of the Government, the Prime Minister, and will usually have the most
MPs who can vote to pass laws in parliament.
There are still checks and balances in place to ensure that no branch of
government has too much power. For example, the legislature can keep check
on whether the executive is doing their job through things such as Minister's
questions, debates and investigations by committees.
The United Kingdom is a constitutional monarchy, hence the British
monarchy still plays a role in government. The monarch remains the head of the
British state, the highest representative of the United Kingdom on the national
and international stage. The head of the British government, however, is the
Prime Minister. Monarchy used to influence over government but now it is
symbolic of the government.
II. The government branches
2.1. The Legislative Branch of Government
2.1.1. Structure of the legislative branch
The Parliament of the United Kingdom of Great Britain and Northern
Ireland is the supreme legislative body of the United Kingdom. It meets at the
2
The Separation of Powers,
https://researchbriefings.files.parliament.uk/documents/SN06053/SN06053.pdf (access: 27/04/2024)

2
Palace of Westminster in London. Established in 1265, it is considered to be the
Parliament with the oldest tradition in the world. The United Kingdom’s
Parliament (the UK’s Parliament) has three separate elements: the Monarch, the
House of Commons and the House of Lords.
2.1.1.1. The House of Commons
The House of Commons is known as the lower chamber of Parliament.
The members are elected through a public vote in the General Elections held at
least every five years. Their main role is to debate and examine proposed
legislations and bring forth their own bills. There are six hundred and fifty seats
within the House of Commons. While individuals may run independently, the
majority of Members of Parliament (MPs) have been elected and obtained a seat
on behalf of a political party. Along with representing their political party, MPs
also represent their constituency. Within the UK’s Parliament, there are 650
constituencies, and each member of parliament represents a particular
constituency.
MPs generally spend their time working in the House of Commons. This
can include participating in debates and voting on new laws, as well as bringing
up issues impacting their constituency. This can either be by asking questions to
government ministers on your behalf or supporting and highlighting particular
campaigns which local people feel strongly about. Most MPs are also members
of committees, which look at issues in detail, from government policy and new
laws, to wider topics like human rights. In their constituency, MPs often hold a
"surgery" in their office, where local people can come along to discuss any
matters that concern them. They also attend functions, visit schools and
businesses. MPs generally try to meet as many people as possible to have a
further insight and context into issues they may discuss when they return to
Westminster.
2.1.1.2. The House of Lords

3
The House of Lords is known as the upper chamber of Parliament. Unlike
the House of Commons, the House of Lords are not publicly elected. Most are
nominated by those who have worked within the political and legal system
throughout their lives or nominated based on their achievements and
experience. Many do not belong to a political party. There is not a set number of
seats but in 2022, there were seven hundred and sixty-seven members within the
House of Lords. Alongside the House of Commons, they vote and debate upon
proposed legislations.
The Lords has three main roles including making laws, in-depth
consideration of public policy and holding government to account. Members
spend more than half of their time in Houses considering bills because all bills
have to be considered by both Houses of Parliament before they can become
law. During several stages, members examine each bill line-by-line before it
becomes an Act of Parliament. Many of the bills have an impact on our daily
lives; covering areas such as welfare, health, education,... Members use their
extensive individual experience to investigate public policy. Much of this work
is done in select committees - small groups appointed to consider specific policy
areas. They also raise concern, press the government for action and question
decisions with debates. The public is welcome to visit and sit in the galleries
overlooking the chamber during business.
2.1.1.3. The Monarch
The Monarch opens Parliament through the State Opening, marking the
beginning of the Parliament year and also dissolves Parliament before a General
Election. The Monarch also appoints the Prime Minister, who then forms a
government from members of the Houses of Parliament. This must be someone
who could command a majority in a confidence vote in the House of Commons.
Royal assent of the Monarch is required for all bills to become actual law and
certain delegated legislation must be made by the Monarch by Order in Council.
2.1.2. Function of the legislative branch

4
The UK’s Parliament has three primary functions including passing
legislation, parliamentary scrutiny and providing ministers. Possibly the most
important of these functions is to pass legislation. To do this, all proposed bills
must be deeply evaluated, Parliament must debate and adjust them before they
become legislation. The process in which it is done is known as the billing
process in both the House of Commons and the House of Lords. While most
bills begin in the House of Commons, they can start in either house. For both
Houses the process is the same. The bill moves to the House of Lords once
approved by the House of Commons. If changes are made to the bill, it will go
through the process again. If the Houses don’t agree on the changes made, it
will move back and forth between two Houses until the Lords agree. Finally, the
bill gets passed to the Monarch to receive royal assent. This is the final stage in
the billing process, where the Monarch signs the bill so that it becomes law in
the UK.
2.2. The Executive Branch of Government
2.2.1. Structure of the executive branch
The Executive Branch in the UK is made up of several essential roles and
responsibilities. These can be broadly divided into three groups: The Prime
Minister, The Cabinet of Ministers, and The Civil Service.
2.2.1.1. The Prime Minister
The Prime Minister is not the head of state in the UK, although they are
granted many significant powers. The United Kingdom is a constitutional
monarchy, with the monarch as the formal head of state. The monarch still
performs a variety of ceremonial roles, although many of the powers it
traditionally enjoyed have passed to the Prime Minister and others.
However, the Prime Minister is head of the government by virtue of his
or her ability to command the confidence of the House of Commons, and is
ultimately responsible for the policy and decisions of the government.
Moreover, The Prime Minister also leads parliament as the leader of the

5
majority party in the House of Commons. Prime Ministers may not always
command a parliamentary majority, but they always lead their own party.
As the head of the government, the Prime Minister has a range of key
roles and functions which they perform:
Firstly, the PM leads the cabinet and organizes the government. The
Prime Minister can organize government departments, often renaming or
creating new departments to address their legislative needs or mandate. The
Prime Minister appoints the cabinet ministers who head each department.
Cabinet appointments are a central function of the Prime Minister, allowing
them to choose ministers who best fit the role or who support them politically.
Secondly, the PM leads the policy focus of the government, commons and
plays a central role in setting the agenda in both the cabinet and the legislature.
Thirdly, the PM also holds significant sway over government
appointments and patronage.
Fourthly, as the leader of the executive, the PM plays a strong leadership
role throughout the government. The PM mediates royal prerogative with the
monarch and may meet with other significant leaders nationally. The PM is also
the country's figurehead and can make national addresses in times of crisis or
need.
Finally, The PM is an international representative for the UK. They
participate in international summits such as COP and the G20 and represent the
country in diplomatic relations. The PM takes charge of national security and
may represent the country's military actions and interests.
2.2.1.2. The Cabinet
The Cabinet is the most senior, formal decision-making body of
government. It is chaired by the Prime Minister and made up of the most senior
ministers. The Prime Minister decides who can attend Cabinet. The Cabinet is
intended to provide a forum for the Prime Minister and their ministers to discuss

6
and decide together on the government’s policies and what approach it should
take to issues.
The principle guiding the functioning of cabinets is that of collective
responsibility. The convention of collective cabinet responsibility means that
ministers can express their own views on a matter in Cabinet meetings, but that
once a collective decision has been reached, they must support that decision in
public. As the Cabinet Manual explains, ‘collective responsibility allows
ministers to express their views frankly in discussion, in the expectation that
they can maintain a united front once a decision has been reached.’ According
to this principle, the Prime Minister summarizes the view of the Cabinet, but
does not dictate what its decisions should be.
The three primary functions that the UK Cabinet plays are decision-
making, proposing legislation, and proposing the budget.3
Firstly, one of the primary functions of the UK Cabinet is making policy
decisions. Most concerns that the Cabinet discusses can be rectified by
implementing or changing policies held within the different governmental
departments. Therefore, a lot of their work can be seen in the official changing
of policies within the government. This can be important in setting a 'vision' that
the Cabinet has for the country and real-world implications. Many of these
policy decisions are made in committees. They can help make decisions in
small groups selected to work on specific areas of concern.
Secondly, although the cabinet doesn't pass legislation itself, it can
propose legislation. They would do this by creating a bill including the new
proposed law and then passing it on to Parliament to be considered. While the
Cabinet is not the only body that can propose legislation, the majority of
legislation that Parliament passes is proposed by the Cabinet. The Cabinet also
has the power to create secondary legislation. This power is used to add more
3
The UK Cabinet
https://www.studysmarter.co.uk/explanations/politics/uk-government/the-uk-cabinet/ (access: 27/4/2024)

7
detail and update primary legislation to reflect current affairs. As such, Primary
legislation is legislation passed by parliament that is made into an Act of
Parliament, and secondary legislation is when Cabinet makes small changes to
these acts.
Thirdly, the UK Cabinet also drafts and proposes the budget, which
decides on taxation and public spending. The Exchequer, a vital Cabinet
minister, drafts the budget with the PM and then reveals it to the rest of the
Cabinet. Once finalised, the Exchequer presents the budget to the House of
Commons, where MPs debate and amend it and, once agreed, pass it as a
Finance Bill.
2.2.1.3. The Civil Service
The Civil Service is an essential component of the UK executive
government. Composing a vast workforce of professionals, the Civil Service
supports the daily operations of the government by offering expert advice,
implementing policy decisions, and managing public services. Some important
aspects of the Civil Service include:
- Permanent, politically impartial positions
- Recruitment based on merit
- Specialized divisions focusing on various policy areas
- Ensuring continuity in government operations during political transitions
2.2.2. Function of the executive branch
Overall, even if each role in the executive branch has specific functions,
the primary role of the executive branch is to make critical decisions and
implement policies established by the legislative branch or Parliament. Once
Parliament passes a law, it requires execution, which directly falls within the
domain of the executive branch. This branch exercises its authority by:
Formulating and implementing government policies; Administering and
managing public services; Establishing and enforcing regulations; Overseeing
national security and defense and Managing foreign relations.

8
To be more specific, public policy plays a vital role in shaping the lives
of citizens by addressing essential societal concerns like healthcare, education,
environmental protection, and social welfare. The Executive Government's role
in public policy ensures that these issues are managed efficiently and
effectively.
Here are some key aspects of the Executive Government's involvement in
public policy:
- Policy Formulation: The executive branch, comprising the Prime
Minister, Cabinet members, and the Civil Service, develops and proposes
policies in response to emerging social, economic, and environmental
challenges.
- Policy Adoption: Once a policy has been proposed, it requires the
approval of Parliament. The Executive Government works with
Parliament to ensure that proposed policies are debated, amended, and
adopted according to democratic principles.
- Policy Implementation: After a policy has been approved, the Executive
Government is responsible for putting it into action. This involves
coordinating with various government departments and allocating
resources to ensure the policy's effective implementation.
- Policy Evaluation: The Executive Government also monitors and
evaluates the impact of implemented policies. Feedback and insights from
this process are used to refine and improve future policy development.
For example, In 2020, the UK government launched the "Eat Out to Help
Out" initiative, which aimed to boost the hospitality industry following the
COVID-19 pandemic. The executive branch devised and implemented this
policy, offering discounted meals to encourage citizens to dine in restaurants,
thereby supporting local businesses.4
4
Executive Goverment UK
https://www.vaia.com/en-us/explanations/politics/uk-government/executive-government-uk/ (access:
27/04/2024)

9
2.3. The Judiciary Branch of Government
2.3.1. Structure of the judiciary branch
The court system in the UK can be considered as consisting of 3 levels:
Supreme Court; The senior court: The Court of Appeal, The High Court and
The Crown Court; Basic courts

2.3.1.1. Supreme Court


The Supreme Court is a United Kingdom body, legally separate from
the England and Wales courts, as it is also the Supreme Court of both Scotland
and Northern Ireland. Therefore, the Supreme Court is the highest court in
England, Wales, and Northern Ireland. It hears appeals from the Court of
Appeal and the High Court (only in exceptional circumstances) and also hears
appeals from the Inner House of the Court of Session in Scotland.
2.3.1.2. The Senior Courts
The Senior Courts of England as a comprehensive body, sit below the
Supreme Court of the United Kingdom, which is the final court of appeal. The
constituent courts of the current Senior Courts of England have the following
judicial responsibilities:
The Court of Appeal is the highest court within the Senior Courts of
England and deals only with appeals from other courts or tribunals. It consists
of 2 divisions, the Criminal Division and the Civil Decision: The Civil Division
hears appeals from the High Court, County Courts, and Tribunals, and the
Criminal Division hears appeals from the Crown Court. All decisions of the
Court of Appeal may be appealed to the Supreme Court.
The High Court is the second part of the Senior Courts of England,
ranking immediately below the Court of Appeal. The High Courts are the place
to deal at first instance with all high value and high importance civil law (non-

10
criminal) cases, have supervisory jurisdiction over all subordinate courts and
tribunals, and hear appeals of cases from basic courts as well as cases without
precedent. To facilitate trial work, each court is often assigned to undertake
certain areas: The divisions are the Chancery Division, presided over by the
chancellor of the High Court in the capacity of president of the Chancery
Division and hearing cases involving business and property disputes,
intellectual-property claims, estates, etc.; the Queen’s Bench Division presided
over by a president and hearing cases involving contract, tort, and libel and
slander; and the Family Division, headed by a president and dealing with
marriage, adoption, wardship, and other family-related matters;
The Crown Court deals with the most serious criminal offenses. It deals
with: cases sent for trial by Magistrates’ courts because the offences are
“indictable only” (those which can only be heard by the Crown Court because
of the seriousness of the offence); “either way” offences (which can be heard in
a Magistrates’ court, but can also be sent to the Crown Court if the defendant
chooses a jury trial); defendants convicted in Magistrates’ courts, but sent to the
Crown Court for sentencing due to the seriousness of the offence; appeals
against decisions of Magistrates’ courts.5
2.3.1.3. The basic courts
The vast majority of civil and non-serious criminal cases are tried in
basic courts without a jury and under straightforward rules. There is a direct
right of appeal from the decision of the basic court to the Court of Appeal. Basic
courts include the County Courts, Magistrates' Courts, and Family Court.
2.3.2. Function of the judiciary branch
The courts in the United Kingdom play pivotal roles in upholding the rule
of law, administering justice, and resolving legal disputes. Here are some key
roles of the courts in the UK:
5
Crown Court
https://www.judiciary.uk/courts-and-tribunals/crown-court/ (access: 28/04/2024)

11
Firstly, Interpreting and Applying the Law: One of the fundamental roles
of the courts is to interpret and apply the law. This involves analyzing statutes,
precedents, and legal principles to determine their applicability to specific cases.
Courts provide authoritative interpretations of laws, clarifying legal principles
and resolving ambiguities. Their decisions establish legal precedents that guide
future cases and shape the development of the law.
Secondly, Adjudicating Disputes: Courts serve as forums for the
resolution of legal disputes between parties. Whether civil or criminal in nature,
courts hear evidence, assess arguments, and render judgments based on the
merits of the case. In civil cases, courts adjudicate disputes between individuals,
organizations, or entities regarding matters such as contracts, property rights,
and personal injuries. In criminal cases, courts determine guilt or innocence and
impose penalties for violations of the law.
Thirdly, Ensuring Fair Trials: Courts are responsible for ensuring that
individuals receive fair and impartial trials. This includes safeguarding
defendants' rights, such as the right to legal representation, the presumption of
innocence, and the right to a public trial. Judges play a crucial role in overseeing
trial proceedings, ensuring adherence to legal procedures, and making rulings
on evidentiary matters and objections raised by parties.
Finally, Protecting Constitutional Rights: Courts serve as guardians of
constitutional rights and liberties, enforcing constitutional provisions and
principles through their decisions. The UK does not have a written constitution
like some other countries, but it has a body of constitutional law derived from
statutes, common law principles, and conventions. Courts interpret and apply
these constitutional norms to safeguard fundamental rights and uphold the rule
of law.

12
CONCLUSION

In conclusion, the United Kingdom’s governmental structure is a well-balanced


system that combines tradition, efficiency and democratic principles. It has been
instrumental in the UK’s political stability, economic success and social
harmony. As the UK continues to face new challenges and opportunities, its
governmental structure will play a vital role in shaping the country’s
development.

REFERENCES

1. UK Parliament
https://www.studysmarter.co.uk/explanations/politics/uk-government/uk-
parliament/ (access: 26/4/2024)
2. MPs and the House of Commons
https://www.parliament.uk/about/mps-and-lords/members/mps/ (access:
26/4/2024)
3. Members of the House of Lords
https://www.parliament.uk/business/lords/work-of-the-house-of-lords/
what-the-lords-does/ (access: 26/4/2024)
4. Parliament and Crown
https://www.parliament.uk/about/how/role/relations-with-other-
institutions/parliament-crown/ (access: 26/4/2024)
5. Parliament and the Monarch
https://www.sptraininguk.com/parliament-and-the-monarch/ (access:
26/4/2024)
6. High Court https://www.judiciary.uk/courts-and-tribunals/high-court/
(access: 26/4/2024)
7. The judiciary https://consoc.org.uk/the-constitution-explained/the-judiciary/
(access: 26/4/2024)

13
8. Structure of the Courts & Tribunals system
https://www.judiciary.uk/about-the-judiciary/our-justice-system/court-
structure/#:~:text=All%20criminal%20cases%20will%20start,start%20in
%20the%20County%20Court. (access: 26/4/2024)
9. Senior Courts of England and Wales
https://www.britannica.com/topic/Senior-Courts-of-England-and-Wales
(access: 28/04/2024)

14
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