COMPARATIVE PUBLIC ADMINISTRATION

MPA503

ADMINISTRATIVE SYSTEM OF

GREAT BRITAIN

THE BRITISH CONSTITUTION

• CONSTITUTION OF UK AND NORTHERN IRELAND

• OLDEST CONSTITUTIONAL SYSTEM OF THE WORLD AND OLDEST DEMOCRATIC SYSTEM

• KNOWN AS “MOTHER OF CONSTITUTIONS”

• IT IS A BLEND OF MONARCH, ARISTOCRACY AND DEMOCRACY

SALIENT FEATURES OF THE BRITISH CONSTITUTION

• UNWRITTEN CONSTITUTION: IT IS UNWRITTEN AND PRINCIPLES GOVERNING THE DISTRIBUTION AND EXERCISE OF THE GOVERNMENTAL POWERS ARE NOT DEFINED

• IT IS AN EVOLVED CONSTITUTION NOT AN ENACTED ONE

• IT IS A BLEND OFFORMAL LAWS,PRECEDENTS AND TRADITION

SOURCES OF BRITISH CONSTITUTION

Conventions• The well known conventions in Britian are;

a. King or Queen should exercise their legal powers on the advice of Cabinet headed by the Prime Minister

b. King appoints the leader of the majority party in the House of Commons as the PM.

c. He should dissolve the lower house of Parliament on the advice of PM

SOURCES OF BRITISH CONSTITUTION

He should give assent to all bills passed by the parliament

Cabinet is collectively and individually responsible to the House of Commons

SOURCES OF BRITISH CONSTITUTION

GREAT CHARTERS• CALLED CONSTITUIONAL CHARTERS OR

LAND MARKS.• HISTORICAL DOCUMENTS WHICH DEFINE

THE POWERS OF THE CROWN AND LIBERTIES OF THE CITIZENS.

• IMPORTANT CHARTERS ARE MAGNA CARTA (1215), PETITION OF RIGHTS (1689)

STATUES

• Law made by British parliament • They define and regulate the principles,

structure and functions of British Political Institution

• The important statues among them are Habeas Corpus Act (1679), Statute of Westministers (1931), Minister of the Crown Act (1937) and others

COMMON LAW

• JUDGE MADE LAWS.• DEFINES THE RULES RELATED TO THE

POWERS OF THE GOV. AND ITS RELATIONSHIP WITH CITIZENS

• DR. OGG DEFINES IT AS “THE VAST BODY OF LEGAL PRECEPT AND USAGE, WHICH THROUGH THE CENTURIES HAS ACQUIRED BINDING AND ALMOST IMMUTABLE CHARACTER”

• LEGAL COMMENTARIES

THE BRITISH CONSTITUTION

FLEXIBLE CONSTITUTION• FLEXIBLE IN NATURE. • NO SPECIAL PROCEDURE FOR

AMENDMENT.• CONSTITUTIONAL AND ORDINARY

LAW ARE SAME

THE BRITISH CONSTITUTION

• UNITARY CONSTITUTION• POWER OF THE GOV. ARE VESTED IN A

SINGLE SUPREME CENTRAL GOV. • FOR ADMINISTRATIVE CONVENIENCE

LOCAL GOV. ARE CREATED UNDER THE CONTROL OF CENTRAL GOV.

• CAN BE ABOLISH AT ANY TIME

PARLIAMENTARY GOVERNMENT

• KING IS THE HEAD OF STATE AND THE PRIME MINISTER IS THE HEAD OF GOVERNMENT

• PARTY WITH MAJORITY SEATS FORMS THE GOVERNMENT.

• THE LEADER OF THE PARTY IS APPOINTED AS PM BY THE KING/QUEEN

PARLIAMENTARY GOVERNMENT

• MINISTERS ARE RESPONSIBLE TO THE HOUSE OF COMMONS FOR THEIR ACTS AND THEY ARE ALSO MEMBERS OF THE BRITISH PARLIMENT TO AVOID THE CONFLICT BETWEEN THE EXECUTIVE AND LEGISLATURE FOR BETTER COORDINATION.

• KING CAN DISSOLVE THE HOUSE OF COMMONS ON THE ADVICE OF PM.

SOVEREIGNTY OF PARLIAMENT

• SUPREME POWER WITHIN THE STATE WHICH LIES WITH THE PARLIAMENT.

THE FOLLOWING PRINCIPLE IMPLIES i. BRITISH PARLIAMENT CAN MAKE, AMEND,

SUBSTITUTE OR REPEAL ANY LAW.ii. DE LOLME SAID, “ THE BRITISH PARLIAMENT CAN

DO ANYTHING EXCEPT MAKE A WOMAN MAN AND A MAN WOMAN.”

III. NO DISTINCTION BETWEEN THE CONSTITUENT AUTHORITY AND LAW MAKING AUTHORITY OF BRITISH PARLIAMENT

SOURCES OF BRITISH CONSTITUTION

RULE OF LAW• GOVERNMENT MUST ACT ACCORDING TO

LAW AND WITHIN THE LIMITS OF THE LAW. CONSTITUTIONAL MONARCHY • GREAT BRITAIN IS MONARCHICAL STATE.• THE CROWN IS THE VISIBLE SYMBOL OF

THE SUPREME EXECUTIVE POWER. • KIND OR QUEEN ONLY REIGNS, BUT DOES

NOT RULE.

SOURCES OF BRITISH CONSTITUTION

• THE DISTINCTION BETWEEN THE CROWN AND KING IS THE DISTINCTION BETWEEN MONARCHY AS AN INSTITUTION AND MONARCH AS A PERSON.

• KING IS A PERSON, WHEREAS CROWN IS AN INSTITUTION.

SOURCES OF BRITISH CONSTITUTION

BICAMERALISM • IT CONSISTS OF TWO HOUSES• HOUSE OF LORDS

– UPPER HOUSE, OLDEST SECOND CHAMBER IN THE WORLD.

– CONSISTS OF LORDS AND NOBLES • HOUSE OF COMMONS

– LOWER HOUSE BUT MORE IMPORTANT AND POWERFUL– CONSISTS OF REPETITIVE ELECTED BY THE PEOPLE ON

THE BASIS OF UNIVERSAL ADULT FRANCHISE. – PRESENT 659 SEATS IN THE HOUSE OF COMMONS AND

DISTRIBUTED AMONG ENGLAND, WALES, SCOTLAND AND NORTHERN IRELAND.

SOURCES OF BRITISH CONSTITUTION

• BRITISH CONSTITUTION PROVIDES FOR PARLIAMENTARY SYSTEM O F GOVERNMENT.

• CABINET ACT AS THE REAL EXECUTIVE AUTHORITY• CONSIST OF PRIME MINISTER AS HEAD AND HIS

SENIOR MINISTERIAL COLLEAGUES • IT INCLUDES THE FOLLOWING: • PRIME MINISTER AND FIRST LORD OF THE

TREASURY AND MINISTER FOR THE CIVIL SERVICE• CHANCELLOR OF THE DUCHY OF LANCASTER • LORD PRESIDENT OF THE COUNCIL

THE BRITISH CABINET

. • PRESIDENT OF THE BOARD OF TRADE• LORD CHANCELLOR• FIRST LORD OF ADMIRALTY• POST MASTER GENERAL • SECRETARIES OF STATE OF HOME,

FOREIGN, DEFENSE, SOCIAL SERVICES, ENVIRONMENT AND EDUCATION AND SCIENCE

• .

THE BRITISH CABINET

• MINISTERS OF AGRICULTURE AND FISHERIES, HEALTH, PENSION, TRANSPORT AND LABOUR.

• SECRETARY OF STATE OF SCOTLAND• SECRETARY OF STATE FOR WALES.

NOTE: ATTORNEY GENERAL, SOLICITOR GENERAL, LORD ADVOCATE AND POSTMASTER GENERAL ARE NOT MEMBERS OF THE CABINET

THE BRITISH CABINET

PRIVY COUNCIL: – IN THE FIFTEENTH CENTURY IT CAME IN TO

EXISTENCE AS AN ADVISORY BODY TO THE BRITISH MONARCH.

– MOST OF ITS POWER WERE TRANSFERRED TO THE CABINET AS ITS INNER COMMITTEE.

– CONSISTS OF 330 MEMBERS INCLUDING INTER ALIA, ALL CABINET MINISTERS

– PRESIDED OVER BY LORD PRESIDENT OF THE COUNCIL.

THE BRITISH CABINET

PRIME MINISTERIAL GOVERNMENT• PRIME MINISTER’S POWER, INFLUENCE

AND POSITION HAVE INCREASE SIGNIFICANTLY VIS-À-VIS THE CABINET

• PM PLAYS AN “DOMINANT” ROLE IN THE BRITISH POLITICO-ADMINISTRATIVE SYSTEM.

SHADOW CABINET

• FORMED BY THE OPPOSITION PARTY TO BALANCE TH RULING CABINET AND TO PREPARE ITS MEMBERS FOR FUTURE MINISTERIAL OFFICE.

• IT RUNS A ‘PARALLEL’ GOVERNMENT WITH ITS SHADOW CABINET.

• IN SHADOW CABINET EVERY MEMBER IN THE RULING CABINET IS ‘SHADOWED ’ BY A CORRESPONDING MEMBER IN THE OPPOSITION CABINET

SHADOW CABINET

• THE MEMBERS OF THE SHADOW CABINET WATCH CRITICALLY THE WORKING OF THE DEPARTMENT ASSIGN TO THEM.

• THE SHADOW CABINET SERVES AS THE ‘ALTERNATIVE CABINET’

• ACCORDING TO IVOR JENNNINGS: ‘THE LEADER OF OPPOSITION AS THE ‘ALTERNATIVE’ PRIME MINISTER. HE ENJOYS THE STATUTS OF THE MINISTER AND IS PAID BY THE GOVERNMENT.

SECRETARIAT OF BRITISH CABINET

FOLLOWING ARE THE COMPONENTS OF CABINET OFFICE:

i. CABINET SECRETARIATii. CENTRAL STATISTICAL OFFICE (CREATED

DURING THE WORLD WAR-II)iii. HISTORICAL SECTION iv. GOVERNMENT’S CHIEF SCIENTIFIC OFFICERv. EFFICIENCY UNITvi. OFFICE OF MINISTER FOR THE CIVIL SERVICE

SECRETARIAT OF BRITISH CABINET

• TO ORGANIZE THE BUSINESS OF THE WAR CABINET AND TO SERVE THE COMMITTEE OF IMPERIAL DEFENCE.

• CABINET SECRETARIAT HAS GROWN IN SIZE, STRENGTH AND SIGNIFICANCE

• MORE UNIT HAVE BEEN ADDED CALLED CABINET OFFICE.

SECRETARIAT OF BRITISH CABINET

THE FUNCTIONS OF THE CABINET SECRETARIAT ARE:

i. TO CIRCULATE THE MEMORANDA AND OTHER DOCUMENTS REQUIRED FOR THE BUSINESS OF THE CABINET AND ITS COMMITTEES.

ii. TO COMPILE THE AGENDA FOR MEETING OF THE CABINET AND ITS COMMITTEES.

iii. TO ISSUE SUMMONS OF MEETINGS OF THE CABINET AND ITS COMMITTEE.

SECRETARIAT OF BRITISH CABINET

i. To take down and circulate the conclusions of the cabinet and its committee.

ii. To prepare the reports of cabinet committee

iii. To keep the cabinet papers and conclusion

SECRETARIAT OF BRITISH CABINET

IT OPERATES UNDER THE DIRECTION OF THE PRIME MINISTER.

• HEADED BY THE CABINET SECRETARY• IT IS THE ‘NERVE CENTRE’ AND THE MAIN

CO-ORDINATING AGENCY OF THE BRITISH GOVERNMENT.

• IT ACTS AS A STAFF AGENCY TO THE BRITISH CABINET AND ITS COMMITTEES.

• IT MONITORS THE IMPLEMENTATION OF CABINET DECISIONS BY THE DEPARTMENT

DEPARTMENTS OF BRITISH GOVERNMENT

GENERAL DEPARTMENTS: i. THE TREASURY ii. THE HOME OFFICE iii. THE SCOTTISH OFFICE

DEPARTMENTS OF BRITISH GOVERNMENT

ECONOMIC DEPARTMENTS:i. MINISTRY OF AGRICULTURE, FISHERIES

AND FOODii. BOARD OF TRADEiii. THE BOARD OF C USTOM AND EXCISE.

DEPARTMENT OF BRITISH GOVERNMENT

GENERAL DEPARTMENTS • i. The Treasury • Ii. The Home Office• Iii. The Scottish Office

DEPARTMENT OF BRITISH GOVERNMENT

• ECONOMIC DEPARTMENTS• SOCIAL WELFARE DEPARTMENTS• IMPERIAL AND FOREIGN DEPARTMENTS• DEFENCE DEPARTMENTS