The British Political System and Constitution: A Comprehensive Overview

The United Kingdom (UK) operates under a unique political and constitutional framework characterized by the rule of law, an unwritten constitution, a powerful Prime Minister, and a complex system of devolution. This fiche de révision provides a detailed and structured overview of the British Constitution, the electoral system, government formation, the concept of "elective dictatorship," and the evolution of devolution in the UK.

1. The Rule of Law and the British Constitution

At the heart of the UK’s political system lies the rule of law, which mandates that the Government (executive power) must act according to laws passed by Parliament (legislative power), preventing arbitrary decisions typical of dictatorships. Laws in the UK are called Acts and are enacted by Parliament, then enforced by the Government and its agencies.

Unlike many democracies with a single written constitution, the UK’s Constitution is unwritten and consists of multiple sources rather than a single codified document. This flexible and evolving nature is a defining feature of British constitutionalism.

1.1 The Four Sources of the British Constitution

Historically, the British Constitution was composed of four main sources, though one ceased to apply after Brexit in 2021:

1. Common Law and Case Law

• Originating from Anglo-Saxon oral customs codified after the Norman conquest (1066), Common Law evolves through judicial decisions.
• Case Law relies on precedents where past judicial rulings influence current cases.
• Some ancient laws remain theoretical and are often overridden by royal pardons.

2. The Royal Prerogative

• Powers historically reserved for the Monarch, now largely symbolic in a representative democracy.
• For example, the Monarch is the nominal head of the British Army, but military actions require Parliament’s approval.

3. Acts of Parliament

• Bills are proposed and debated in the House of Commons (lower house), then reviewed by the House of Lords (upper house), and finally approved by the Commons.
• After receiving the Royal Assent (formal approval by the Monarch), a bill becomes law.
• This source is the most democratic, as MPs are elected every five years by universal suffrage.

4. European Union Law (until 2021)

• Between 1973 and 2021, EU Law had supremacy over UK law.
• Post-Brexit, EU Law no longer applies, affecting areas like free movement of workers.

1.2 The Role of the Monarch

The Monarch (currently King Charles III) holds symbolic powers as head of state but does not engage in political decision-making. Key points include:

• Head of the Church of England (Anglican Church), the state religion.
• Must be Protestant; cannot be Catholic but may marry one since 2015.
• Theoretical commander of the armed forces; Parliament controls military deployment.
• Grants Royal Assent to laws, which is automatic and cannot be refused.

1.3 Structure of Parliament

Parliament is composed of three parts:

• The Monarch
• The House of Lords: Approximately 782 appointed members (Lords).
• The House of Commons: 650 elected Members of Parliament (MPs).

The House of Commons is the most legitimate body due to its elected membership.

1.4 Summary Diagram of the British Constitution and Parliament

[Diagramme]

2. The UK Electoral System and Parliamentary Majority

The UK uses the First-Past-The-Post (FPTP) electoral system for general and by-elections, characterized by a single round of voting in each constituency.

2.1 Constituencies and Voting

• The UK is divided into 650 constituencies, each with about 100,000 inhabitants (~75,000 voters).
• Constituency boundaries may change to reflect demographic shifts, with urban constituencies generally smaller than rural ones.
• To win a seat, a candidate must secure a simple majority (relative majority) of votes, meaning the most votes but not necessarily over 50%.
• Absolute majorities are rare due to multiple candidates (often up to ten). Even a one-vote margin suffices to win.
• All other candidates, including close runners-up, are eliminated.

2.2 Types of Elections

1. General Elections

• Held every five years for all 650 seats.
• Determines the overall composition of the House of Commons.

2. By-elections

• Held when an MP vacates their seat between general elections.

2.3 Criticisms of the FPTP System

• The system often results in MPs winning without majority support, leading to questions about fairness.
• It favors parties that win many seats by narrow margins rather than fewer seats with large majorities.
• This system tends to reinforce a two-party system, dominated by the Labour Party and the Conservative Party, though smaller parties like the Liberal Democrats, Scottish National Party (SNP), and Plaid Cymru also win seats.

2.4 Political Consensus and Welfare State

From 1945 to circa 2000, a political Consensus between Labour and Conservatives shaped UK social policy, aiming to:

• Prevent Communist influence.
• Establish a welfare society with:
  • The National Health Service (NHS, founded in 1948).
  • Unemployment benefits and paid holidays.
  • A public retirement pension system funded by workers.
  • Free or affordable higher education.

This welfare model faced challenges from the 1970s onwards, especially under leaders like Margaret Thatcher, who promoted neoliberal reforms and privatization, paralleling trends in the US and continental Europe.

2.5 Forming a Government

To form a government, a party must win seats in the House of Commons:

• Absolute Majority (≥ 326 seats):
  • The party leader becomes Prime Minister.
  • The party forms a Majority government; others form the Opposition.
  • Examples: Conservative victories in 2015 and 2019.
• Relative Majority (< 326 seats):
  • The party seeks coalition partners to reach a majority.
  • The coalition leader becomes Prime Minister.
  • Examples: Conservative-Liberal Democrat coalition in 2010; Conservative-DUP coalition in 2017.

The Prime Minister and Ministers are also MPs and often represent safe constituencies to minimize electoral risks.

2.6 Summary Diagram of the Electoral Process and Government Formation

[Diagramme]

3. The Prime Minister and the "Elective Dictatorship"

3.1 Concentration of Power

The UK Prime Minister wields significant power:

• Controls Cabinet Ministers, who can be dismissed at will.
• Influences MPs by controlling party endorsements for future elections.
• MPs in the governing party tend to support the Prime Minister to maintain their positions.

3.2 Separation of Powers and the Supreme Court

• Traditionally, the UK combined legislative and judicial powers in the House of Lords.
• Since 2009, the Supreme Court separates judicial power, enhancing checks and balances.
• However, the Prime Minister holds both executive and legislative power as an MP and party leader.

3.3 The Concept of "Elective Dictatorship"

This term describes the dominance of the Prime Minister and governing party in Parliament, where:

• MPs focus on voters mainly during elections every five years.
• Once in power, the government may neglect ordinary citizens’ interests.
• The FPTP system discourages voting in safe seats, contributing to voter apathy.

4. Devolution in the United Kingdom

Devolution is the transfer of legislative powers from the UK Parliament to regional governments in Scotland, Wales, and Northern Ireland. It reflects the UK's complex national identities and political demands.

4.1 Early Attempts: 1979 Referenda

• Labour government under James Callaghan held referenda in Scotland and Wales.
• Scottish referendum failed due to low turnout; Welsh referendum resulted in a majority "No."
• These failures contributed to Labour’s collapse.

4.2 The 1997 Referenda under Tony Blair

After 18 years of Conservative rule, Labour revisited devolution:

• Scottish Devolution Referendum (11 September 1997):
  • Two questions: creation of Scottish Parliament and tax-varying powers.
  • Results:
    • Question 1: 74.3% Yes / 25.7% No
    • Question 2: 63.5% Yes / 36.5% No
  • Turnout: 60.4%
  • Outcome: Scottish Parliament established in 1999 with powers over education, health, agriculture, and justice.
• Welsh Devolution Referendum (18 September 1997):
  • Question: creation of National Assembly (Senedd) for Wales.
  • Result: 50.3% Yes / 49.7% No (narrow victory).
  • Initially limited to secondary legislation.
  • In 2011, a further referendum granted primary legislative powers with 63.5% approval.

4.3 Northern Ireland

• Devolution in Northern Ireland has been complicated by sectarian divisions between Protestants and Catholics.
• The Stormont Assembly has faced challenges maintaining cooperation and restoring devolved government.

4.4 Electoral System for Devolved Bodies

• Members of the Scottish Parliament and Welsh Assembly are elected using the Additional Member System, combining FPTP and proportional representation to balance fairness and local representation.

4.5 Summary Diagram of Devolution Referenda and Outcomes

[Diagramme]

5. Visual Overview of the UK Parliament Buildings

Conclusion: Key Points to Remember

• The UK Constitution is unwritten, evolving from multiple sources including Common Law, Royal Prerogative, and Acts of Parliament.
• The Monarch’s role is largely symbolic, with real political power residing in Parliament and the Prime Minister.
• The First-Past-The-Post electoral system shapes political dynamics, favoring a two-party system and often resulting in governments with a strong parliamentary majority.
• The Prime Minister holds significant power, leading to the concept of an "elective dictatorship".
• Devolution has transformed the UK’s political landscape, granting Scotland, Wales, and Northern Ireland varying degrees of legislative autonomy.
• Understanding these elements is essential to grasp the complexities of British governance and political culture.

Cette fiche vous offre une vision claire et complète du système politique britannique, indispensable pour maîtriser le sujet en anglais et en sciences politiques.