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England in the first half of the 19th century. The political system of Great Britain What is the political system in Great Britain

Traditionally, taking economic changes as a basis, 3 main periods are distinguished in the history of England in the 19th century: The end of the 18th - the first half of the 19th century - the development of industrial capitalism; 50-60 years of the XIX century - the heyday of industrial capitalism; 70-90 years of the XIX century - the transition from pre-monopoly capitalism to imperialism.
Each of these periods is characterized by its own changes in the system of social, economic and political-legal relations. However common features development of the state system of England of this period became:
-democratization of the electoral system and political life in England; bourgeoisification of the parliament and the state apparatus; elevation of executive power.
England during the development of industrial capitalism. AT
At the end of the 18th century, England entered a new industrial phase in the development of capitalism. In the 60s of the 18th century, the industrial revolution began here for the first time in the world, marked by the transition from manufactory to factory production. In the second half of the 18th century, it developed simultaneously with the ending agrarian revolution, which led to the formation of capitalist methods of farming in the countryside. The result of the agrarian and industrial revolutions was a change in the social class structure of English society and the formation, ultimately, of the main classes of industrial society - the industrial bourgeoisie and hired workers (the proletariat).
Shifts in the socio-economic sphere were reflected in the political life of England.
New classes entered the political arena and actively fought for their rights. In this regard, the first half of the 18th century became the time for the creation of new and reorientation of old political associations.
First of all, the social base of the traditional political parties in England has changed: Whigs and Tories.

The interests of the industrial bourgeoisie, striving for democratic reforms, began to be represented by the Whig party; the Tory party still expressed the interests of large landowners (landlords) and the financial aristocracy, who were trying to maintain the political system established in the 18th century. In the same period, the first workers' unions appear.
The desire of the industrial bourgeoisie and the proletariat to participate in political life was manifested in the struggle for a new electoral system.
The electoral reform of 1832. The economic power of the industrial bourgeoisie grew rapidly, and its influence in parliament remained insignificant as before. In both houses of parliament, thanks to the old medieval electoral system, large landowners and financial aristocracy dominated. In this regard, the industrial bourgeoisie, concentrated mainly in large cities, needed a new electoral system. In the struggle for it, she relied on the proletariat, which was in a distressed situation and did not have voting rights at all. The current situation favored the emergence of various kinds of workers' unions and led to an increase in the political activity of the British proletariat.
The persistence of the practice of sending deputies to parliament from "rotten" and "pocket" towns led to the fact that, for example, London, with a population of about 1.5 million people, had the right to send only 4 deputies to parliament, and 30 "rotten towns" with with a total population of about 400 thousand people sent 60 deputies to the House of Commons. Large industrial centers such as Manchester, Birmingham, Leeds, Sheffield did not have such a right at all.
The political struggle escalated in 1830, which was greatly facilitated by the July Revolution in France. This year's parliamentary elections brought victory to the supporters of reform. In 1831, Gray's Whig government submitted a Reform Bill to the House of Commons. The lower house accepted it, while the upper house rejected it. In response to this, bourgeois organizations issued a call to withdraw funds from the banks. Labor unrest began.
In 1832, under the influence of the growth of the labor movement and the threat of financial collapse, the House of Lords was forced to give in, approving the Reform Bill. The essence of the parliamentary reform of 1832 boiled down to the following: Representation in parliament from "rotten" and "pocket places" was limited. 56 townships lost the right to send a deputy
comrade in parliament at all; 30 - limited their representation to one deputy from each town. Large industrial cities, which did not have representation in parliament, received such a right (the vacant 143 seats were distributed between them and the counties). The number of people with active voting rights has slightly increased:
-suffrage was granted to men who had reached the age of 21, who owned immovable property (in cities - a building; in the countryside - land), which brought at least 10 pounds sterling of annual income and paid a tax on the poor;
- tenants were granted the right to vote - on the basis of a long-term lease with an income of at least 10 pounds sterling per year and a short-term lease of at least 50 pounds sterling; The residency requirement was set for 6 months.
The electoral reform of 1832 was a significant event in the political life of England in the 19th century. It made it possible to eliminate a number of feudal vestiges in the electoral system, ensuring the representation of the industrial bourgeoisie in parliament. However, the disproportionate representation of large industrial centers and provincial towns, high property qualifications and the absence of broad suffrage at the same time led to further struggle for the democratization of the electoral system.
Fight for radical electoral reform. Chartism. The proletariat, which took an active part in the struggle for parliamentary reform, received no results from it. The coming to power of the top industrial bourgeoisie only aggravated the position of wage workers. The Poor Law Amendment Act, passed by Parliament in 1834, which limited the practice of helping the poor on the part of the parishes, contributed to the intensification of the proletariat's struggle for their voting rights. The situation was aggravated by the economic crisis of overproduction of 1836-1838, which caused a drop in wages and massive unemployment. In 1836, the Workers' Association was formed in London, which became the core of Chartism, the workers' movement for universal suffrage. The political platform of the movement was the "People's Charter" (charter in English - charter, so the movement is called Chartist), which contained six basic requirements providing for the creation of the foundations of a new electoral system: equal representation; re-election of Parliament every year;
universal suffrage for men who have reached the age of 21 and have lived in this place for at least 6 months; abolition of property qualification;
- secret ballot; deputies' remuneration.
Repeatedly, the Chartists petitioned Parliament for a "People's Charter", but each time the House of Commons rejected them. The Chartist movement backed up the political demands of Parliament with massive workers' rallies and demonstrations. The government, through a policy of repression, succeeded in causing a decline in the Chartist movement and averting for some time the threat of a new parliamentary reform.
The reform of 1832 and the struggle for further democratization of the electoral system caused changes in the political system, the main of which were: The transformation of political parties. The Whigs were succeeded by the Liberal Party, representing the interests of the ruling industrial bourgeoisie, while the Tory was succeeded by the Conservative Party, which represented the big landowners and financial magnates. The concept of permanent party membership emerged. The established local party organizations took over the functions of compiling electoral lists and campaigning among voters. Further development principles of responsible government. The party that won the election and had a majority in the House of Commons received the executive power of the cabinet. The influence of the king on the activities of the government is weakening more and more. The old formula "the king cannot be wrong" takes shape in the constitutional principle that determines the position of the crown - "the king reigns, but does not rule."
England in the heyday of industrial capitalism. 50-60s of the XIX century. became the time of the greatest upsurge of English pre-monopoly capitalism and the period of the establishment of the political domination of the industrial bourgeoisie.
The House of Commons, dominated by the top industrial bourgeoisie, became the main force of state power, pushing the House of Lords into the background and minimizing the role of the crown.
In the 1950s and 1960s, the trade union movement took shape and grew stronger, and in English society a new social element, the labor aristocracy, became important. In 1868, the British Congress of Trade Unions was founded, uniting only skilled workers, in whom the bourgeoisie sought the social support of its power among the proletariat.

In the conditions of a broad democratic movement, the struggle for a new elector prompted the bourgeoisie to a new parliamentary reform, the initiators of which both liberals and conservatives wanted to be. In the end, the project of B. Disraeli, the leader of the conservative cabinet, with the amendments of the liberals, was adopted.
The electoral reform of 1867 provided for: A new redistribution of seats in parliament (11 townships lost the right to send deputies; 35 - limited their representation to 1 deputy; the vacated 52 parliamentary seats were distributed among industrial cities and counties). Decrease in property qualification. The residency requirement was increased to 1 year.
The main result of the reform was an almost two-fold increase in the number of voters, primarily at the expense of the petty bourgeoisie and the most well-to-do part of the working class. However, the persistence of uneven representation from industrial cities and small villages, the absence of secret voting, and the failure to grant voting rights to a huge mass of the population inevitably led to the need for further improvement of the electoral system.
England in transition to imperialism. In the 1970s and 1990s, a transition took place from pre-monopoly capitalism to imperialism, the main features of which were the concentration of production and the centralization of capital. British imperialism took shape as colonial imperialism. At the end of the 19th - beginning of the 20th century, the basis of English capitalism was not an industrial and commercial monopoly, but a colonial and financial one, which led England to lose its primacy in industrial production.
The transition to imperialism was reflected in the political regime and state system of England in the late 19th and early 20th centuries.
Third Electoral Reform 1884-1885 In the last quarter of the XX century. in England, a number of laws are being adopted that provide for the further democratization of the suffrage.
In 1872, in order to avoid abuse during elections, a secret ballot was introduced; in 1883, a bill is passed that provides for punishment for bribing voters during elections; in 1889, a law required electoral agents to report publicly on the funds spent and thereby limited the cost of elections.
Among the electoral laws of this period, a special place is occupied by the legislative acts of 1884 and 1885, which constituted the third electoral reform in England. Significant innovations of the reform were:
Reducing and streamlining the property electoral qualification - a single suffrage was established for homeowners and tenants of all counties and cities; The introduction of electoral districts with equal representation from the same number of people (one deputy from 50-54 thousand inhabitants).
The implementation of the reform significantly expanded the electoral corps, clearly defined the territorial units that elected deputies to the House of Commons, but when summing up the voting results, the majority electoral system of relative majority was preserved, according to which the candidate who received a relatively majority of votes in the district compared to other candidates was considered elected.
Preservation of property and gender electoral qualifications, the right to several electoral votes for owners of immovable property in different districts, the complex procedure for registering voters, the lack of remuneration for deputy work - put the poorest segments of the population and its well-to-do part in an unequal position and were serious shortcomings of the new electoral system in England. .
Political parties. Along with the expansion of voting rights, there is also a certain democratization of the political life of England: the trade unions of workers are seeking legal existence; the criminal punishment for organizing strikes is abolished; freedom of speech and freedom of conscience are recognized.
A characteristic feature of the social and political life of England in the late 19th and early 20th centuries was the strengthening of the labor movement and the emergence of workers' parties.
In 1883, the Social Democratic Federation arose, in 1884 - the Fabian Society - an organization of a socialist orientation; in 1893 the Independent Labor Party appeared. On the basis of various workers' organizations (SDF, the Fabian Society, trade unions, the Independent Labor Party, etc.), in 1906 a single Labor (workers') party of Great Britain was formed, which began to represent the interests of the petty bourgeoisie and the labor aristocracy.
Traditional parties of liberals and conservatives until the end of the 19th century. keep their positions. However, there is a gradual blurring of the differences between them. First of all, their social base is leveled. The conservative party is turning into the party of the big financial bourgeoisie, while the liberal party, in connection with the development of monopolism, is losing its social support - the middle bourgeoisie, and by the end of the First World War it is generally leaving the political arena.

The rise of executive power. The rise of the labor movement in the 90s of the XIX century. in the conditions of an economic downturn, it caused a crisis of parliamentarism in the political sphere, which manifested itself in the strengthening of executive bodies and the bureaucratization of the administrative apparatus.
A number of circumstances contributed to the growth of the authority of the government.
The expansion of the electoral corps caused an increase in the social base of the parliament, which forced ruling classes think about the need to control him and limit his powers.
In 1882, a bill on the rules for ending debate was adopted, which allowed the government to stop the discussion of a problem (debate) if it developed in a direction that was not pleasing to it.
The development of party discipline contributed to the transformation of the House of Commons into an instrument of government, which had a majority in the lower house. Ordinary party members who became members of the House of Commons were often in solidarity with the leader of their party, who headed the cabinet.
At the beginning of the 20th century, as a result of the parliamentary reform of 1911, the importance of the House of Lords was significantly undermined.
The reason for reforming the parliament was the conflict between the government and the House of Lords, which rejected the budget proposed by the government and approved by the House of Commons. The question arose about the very existence of the House of Lords. A way out was found in the reform of the parliament, which limited the rights of the upper house. The Bill of Parliament of 1911 provided: a financial bill, adopted by the House of Commons, but not approved by the upper house within a month, was presented to the king and after its approval became law; non-financial bills rejected by the House of Lords, but adopted by the lower house in three readings, went to the approval of the king if at least two years elapsed between the first and last reading. the introduction of salaries to deputies and a five-year term for the lower house.
By pushing the House of Lords into the background and controlling the majority in the House of Commons, the government turned into the main body of state power, towering over Parliament.
The strengthening of executive power was accompanied by the growth of the state apparatus. During the period under review, the system of sectoral management was actively developing in the UK: new ministries and departments appeared (health, agriculture, education).
vaniya and labor); the importance of the old ones, such as the Ministry of Finance and the Ministry of the Interior, increased.
The strengthening of the executive power and the bureaucratization of the state apparatus ultimately contributed to the onset of the crisis of parliamentarism in England.

In the XX century. in England, a two-party system is preserved, the essence of which lies in the dominance of the elections by the two main parties. The main means of preserving the two-party system is the electoral system, which is based on the principle of electing one deputy from each constituency. As a result, representatives of small parties are at a disadvantage, it is difficult for them to get a seat in parliament. Until 1923, the main parties in England were the Conservatives and the Liberals:

The conservative party took shape organizationally in the middle of the 19th century. based on the Tory party. Currently represents the interests of large industrial and financial owners;
the liberal party, based on the middle class, was also formed in the middle of the 19th century, on the basis of the Whig party. Gradually lost its social base and lost political positions. Since 1923, its place was taken by the Labor Party - one of the leading parties of the Socialist International, which arose as a result of the rise of the European social democratic movement and the emergence of socialist groups and organizations in England.

2. The head of state in Great Britain is the king (queen). He is considered the supreme bearer of executive power, the head of the judiciary, the supreme commander of the army, the secular head of the Anglican Church. The British monarch formally retains the right to dissolve parliament and appoint a prime minister, etc. The king has the right to finally reject the law - an absolute veto, but for almost three hundred years this right has not been applied. Thus, the power of the crown is hidden.

3. The highest legislative body is Parliament, which consists of the King, the House of Lords and the House of Commons.

Legislative initiative is almost entirely carried out by the government.

The development of the political system of Great Britain in the XX century. is to strengthen the executive power.

In fact, since the beginning of the XVIII century. the highest body of executive power is the cabinet of ministers, which concentrates in its hands all the most important powers to implement domestic and foreign policy.

The highest central judicial body is the Supreme Court of Justice, which includes:

High Court (dealing with civil disputes);
Crown Court (specializing in criminal matters);
Court of Appeal.

The highest court in Great Britain is the House of Lords. It is the court of appeal and the court of first instance for peers accused of criminal offences.

4. The king (or queen) is considered the supreme commander of the army of Great Britain. The Prime Minister and the Cabinet of Ministers are responsible for preparing the country for war and for the state of the armed forces. The supreme leadership of the armed forces is carried out by the Committee of Defense and Foreign Policy.

5. The elected body of local self-government in all administrative-territorial units of Great Britain (except for sparsely populated parishes) is the council.

48. Main trends in development state machinery Great Britain in the 20th century. Electoral reforms.
1. UK party system:
The basis of the political system was a two-party system. the subjects of the confrontations have changed, and, accordingly, the content of the inter-party confrontation. The elections were contested by two main parties - the Conservatives and the Liberals. In the 20th (XX) century, the conservative party retained its position. Conservatives are adherents of a market economy, supporters of strengthening private enterprise and supporters of reducing state social assistance. In the 20th century, Churchill was at the head of the Conservatives. It is with his name and the Conservative Party that the achievements of Great Britain in foreign policy are connected. In the 1920s, the Labor Party became a mass popular party. The party is essentially a socialist people (wide naturalization of the economy, increased taxation for the rich as well as broad social programs). A wide war in the 20th (XX) century unfolded between the Conservatives and Labor. At the turn of the 20th and 21st centuries, the Labor Party was in power in Great Britain. An important feature of the UK's two-party system is that the political forces accept the foundations of the existing social order. Replacing each other in power, they do not set the goal of coordinating socio-economic and political changes.
2. Evolution of Parliament
Parliament in the UK in the 20th century retained its structure. The number of deputies has varied throughout the twentieth century.
deputies began to work on a professional basis (began to receive wages). House of Commons Formed through democratic elections
By the end of the 20th (XX) century, the number of members was more than a thousand people, 200-300 lords take real part in the work. The House of Lords is formed by appointment on the proposal of the government, the monarch appoints life peers to the upper house of Parliament.
The main trends in the evolution of Parliament in the 20th (XX) century was the increasing importance of the House of Commons, in comparison with the House of Lords:
1) the legislative priority of the House of Commons was established
2) the following rule was established: the House of Lords is obliged to approve any law adopted by the House of Commons in pursuance of the election program of the winning party. .

3. Government evolution
The main trend in the development of the political system of Great Britain in the 20th (XX) century was the strengthening of the executive power, the government. A contributing factor was the First and Second World Wars. an act on the protection of the state is adopted, which, for the duration of the war, transferred all power to the hand of the government.
An act on the emergency powers of the government was also adopted. The strengthening of the positions of the government was expressed in:
1. Transfer of legislative power to the government

2. In government control of the House of Commons through the party system
3. The position of head of government (prime minister) acquires an independent constitutional status.
4. The post of prime minister becomes the first person of the state.

Powers of the Prime Minister:
1. Determines the personal composition of the government
2. On the proposal of the Prime Minister, the monarch is appointed to a life peerage.
3. Rewarding most of the British awards, titles and more.

4. Change in the legal status of the Crown
Great Britain retained its form of government - a constitutional monarchy.

Powers of the monarch:
1. Appointment of the Prime Minister.
2. The right to convene or dissolve Parliament
3. The right to welcome the title of a peer.
4. The right to advise the government.
5. The right to warn the government
6. The monarch exercises representative functions.

49. The struggle for the formation of a unified German state. Constitution of the German Empire 1871. The nature of the political regime in Germany at the end of the XIX century.

Dominated - the princes, the nobility. The form of government is MONARCHY.

A bourgeois-democratic revolution began in France, and it developed into a German one. At the beginning of the revolution, the question arose of uniting the country. Task: the coming of the bourgeoisie to power, the elimination of the old order. But in the course of the revolution, they were not the decision of the bourgeois, they were afraid of the scope of the proletariat. the popular assembly was dispersed, the revolution ended without resolving issues. The development of capitalist relations in Germany. The parties become a brake on the development of trade and industry. The demand for unity. In the 19th century, they were fighting for leadership in the association. Austria and Prussia. Prussia - a series of wars. victory over Denmark. over Austria. Prussia created the North German Confederation, headed by Prussia, and a constitution was adopted. It included part of the North German states. The unification of Germany created opportunities for rapid industrial development. But this did not lead to the complete establishment of the rule of the bourgeoisie. In unification the German bourgeoisie occupied a subordinate position.

Constitution 1871

Supreme bodies: Emperors. The title of emperor was given to the Prussian king. Extensive powers. He had exclusive rights in the field of foreign relations, declared war and concluded peace, command, and appointed a chancellor. the legislature belongs to the “parliament”, but the emperor could control the activity. The predominant role was played by the Bundesrat, which consisted of members appointed by the parties of individual states, subjects. The chairman of the Bundesrat, the Chancellor, was appointed by the emperor. If the views of the Bundesrat were divided, then its vote was decisive. The imperial government was represented in a single person - the chancellor. There is no cabinet of ministers, only the heads of the imperial departments - submission. Form state structure- federation.

German constitution.

It is impossible to call this regime democratic (although there was universal suffrage for men), from the very beginning anti-democratic tendencies prevailed in the state, the legal existence of parties was allowed. organizations:

o 1) it was forbidden to create and operate societies with the goal of overthrowing the existing system through socialist, communist discretion

o 2) the police were given the right to close newspapers that promoted these ideas, meetings.

3) other societies were not banned, but became under the control of the government, they could be dissolved

4) the government could introduce a small state of siege

· Political regime of Kaiser Germany. The complex socio-economic processes on the path of the history of the development of a united Germany in the 19th century influenced the frequent changes in its political regime. A special role in these processes was played by its Chancellor (Minister-President of Prussia) O. Bismarck.

· The first years of Bismarck's chancellorship were characterized by the predominance of liberal methods and means of exercising state power. At this time, not only were many feudal barriers to the development of business and trade removed, but an all-imperial party system was created, workers' organizations and the party press were growing.

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Introduction

Great Britain is considered to be the birthplace of constitutionalism: it was here that ideas about the constitutional order as a system of limited government arose, as well as the first legal acts and institutions appeared that limited the power of the monarch. However, until now the country has no constitution in the sense generally accepted today: there is no single document of the highest legal force.

English jurists characterize the constitution of the United Kingdom of Great Britain as unwritten, emphasizing its main feature - the presence in it of oral sources of law (constitutional customs). At the same time, the total number of sources of the British constitution is huge. It cannot be accurately calculated. All of them have the same legal force and change in the same order as the sources of other branches of law.

The latter circumstance means that the English constitution is flexible in terms of the way it is changed. However, flexibility does not mean its instability. The famous British conservatism is an effective guarantee of the stability of the British constitution. At the same time, the possibility of creating, changing and canceling legal norms by the courts ensures the prompt adaptation of constitutional provisions to changing living conditions.

The described features of the British constitution allow us to assert that in this country there is only a material constitution. There is no formal constitution here.

1. Characteristics of the constitution and sources of constitutional law in Great Britain

Unlike other countries, where the current written constitution clearly defines the subject of constitutional law, in the UK there is no strictly scientific distinction between constitutional and all other law.

The salient features of the British constitution are that:

1. The British Constitution is the same for the United Kingdom of England, Wales, Scotland and Northern Ireland;

2. The British constitution is unwritten. The absence of a single written text allows us to speak of three components of the British constitution: Statute Law; Common law (Common Law); Constitutional conventions. Accordingly, the sources of constitutional norms are: statutes; judicial precedents; constitutional agreements. The general influence on the formation of these sources has been and is being exerted by the works of authoritative lawyers;

3. The UK Constitution is a "flexible" constitution, since in English law there is no distinction between "constitutional" and "current" law. Active general order enacting and amending parliamentary laws that cannot be reviewed by the courts or declared unconstitutional.

The British Constitution consists of four categories of sources:

Ш Statute - an act (law) adopted by both houses of parliament in accordance with the procedure established for this and signed by the head of state - the monarch. Only individual acts that form part of the British constitution (such as the Magna Carta of 1215) were adopted differently. All laws (in contrast to the US they are officially called acts here) have the same legal force (therefore, in particular, in the UK there is no institution of constitutional review). However, it is customary to include only some statutes among the constitutional acts: the aforementioned Magna Carta (it regulated a number of issues of the relationship between the monarch and subjects, mainly the nobility). Habeas Corpus Act 1679 (it provided some judicial guarantees for personal liberty), Bill of Rights 1679, Acts of Succession (1701), Union with Scotland (1706), Parliament (1911 and 1949). ), on the House of Commons (1978), on popular representation, which regulated the issues of suffrage (there were several of them). Several acts of civil rights, acts on ministers of the crown, on local government (the last act was adopted in 1985), although in England, by tradition, the rules on local self-government are more often referred to not as constitutional, but as administrative law. However, constitutional and administrative law is usually regarded as a single branch. Some authors count several dozen constitutional acts, while others, taking into account some constitutional provisions in acts relating to other branches of law, speak of almost three and a half hundred such laws. In fact, many acts of the Middle Ages and later, although published as constitutional documents, are not valid: their provisions have been absorbed or canceled by later documents.

Ø Judicial precedent - these are decisions on constitutional issues of the so-called high courts (Court of Appeal. High Court, etc.), publishing their decisions, which are binding when considering similar cases. The decisions of the courts may be based on laws and prior judicial precedents (this applies to the so-called general royal, Westminster courts). Therefore, the totality of such precedents has received the name of common law; it also contains precedents of constitutional significance. The decisions of the courts can be based on moral and ethical norms that correct "unfair" legal norms (this applies to the chancellor's courts, and is called "justice"). It also has constitutional norms, although there are very few of them. Currently, both of these branches of judicial decisions are combined under the general name of case law. Judicial precedents regulate mainly issues related to the privileges of the crown, as well as some rights of citizens (subjects).

Ш Constitutional customs (they are also called convention norms, agreements) have developed in the practical activities of the highest bodies of the state (not the courts). Constitutional customs are more significant than judicial precedents (customs determine, for example, the monarch's non-use of the right of veto, the procedure for forming a government, the existence and role of the cabinet, the status of ministers).

Ш Doctrinal sources are the opinions of prominent legal scholars on issues of constitutional law. They are approached by the parliament, as well as the courts in case of gaps in constitutional regulation.

2. UK Government

In the UK, the principle of separation of powers does not operate in its classic form, according to which the legislative, executive and judicial powers are exercised by different state bodies. Both formally and in fact, there is no such strict separation of powers. The monarch has always been and remains part of each of the branches of government: Her Majesty's Government; Her Majesty's ministers; Royal signature on the bill; Her Majesty's judges; judicial indictment on behalf of the monarch.

Features of the principle of separation of powers are manifested not only in the position of the monarch in the system of state bodies, but also in the fact that:

a) members of the Government are members of the legislative body and also have the power to issue acts of delegated legislation. The Lord Chancellor is both a Member of the Cabinet, Speaker of the House of Lords and President of the Court of Appeal;

b) The House of Lords is not only the second chamber of Parliament, but also the highest court of appeal in Great Britain;

c) The Privy Council - an advisory, executive body under the monarch - represented by its Judicial Committee, is the highest authority for considering appeals against decisions of church courts and medical tribunals. He also has special jurisdiction to express his opinion on questions of law in connection with the appeal of the monarch.

Currently, the British Parliament consists of the monarch and two chambers: the House of Commons and the House of Lords. The lower house - the House of Commons - is a nationwide representative body, elected at the same time for five years according to the majoritarian system with respect to the majority. The speaker presides over the chamber. An important role in the work of the chamber is played by parliamentary committees.

The House of Lords is the upper house of the English Parliament. Currently, the chamber is in a state of significant reform. A law was passed to abolish the membership of hereditary peers in it.

The functions, roles and powers of the chambers are different. The most significant role in the legislative process and in the exercise of parliamentary control is played by the House of Commons. Only she can express distrust to the government. The House of Lords can be described as a weak upper house: in case of disagreement with a bill passed by the lower house, it can only delay its adoption, since the House of Commons has the right to overcome the expressions of the upper house.

The British executive branch has a complex structure. The country has a Government, including the Prime Minister and about 100 ministers. The government never gathers together at a meeting. The Cabinet operates within the framework of the Government - a much smaller assembly of ministers (about 20). It is the Cabinet that makes all decisions on behalf of the Government.

The judicial system in the United Kingdom is very complex. In fact, three judicial systems coexist in the country: England and Wales, Scotland, and Northern Ireland. At the same time, only the House of Lords and the Privy Council (a collegial body traditionally operating under the monarch and formed by the monarch, in addition to judicial powers, performs advisory functions under the monarch) are only free instances that operate throughout the country.

The territorial structure of the United Kingdom is unitary. Historically, the United Kingdom of Great Britain and Northern Ireland consists of four regions: England, Wales, Scotland and Northern Ireland.

The political and administrative division of the regions is different. England and Wales are divided into counties, the counties in England are divided into administrative districts, and the counties are divided into communities (parishes). The counties of Wales are directly divided into communities. Northern Ireland is made up of counties, they are made up of counties, and counties are made up of communities. Scotland is territorially divided into districts, consisting of communities.

Most local units have local governments. These are, first of all, councils directly elected by the population. Each council annually elects a chairman from among its members, as well as committees to which many of the powers of the council are delegated and which carry out executive activities. Consequently, there are no special executive bodies of local government in the UK. Officials appointed by the central government and exercising local government are also absent. The competence of local governments is traditional, but in practice there are difficulties on the issue of its differentiation between local governments of various levels.

The capital of the United Kingdom, London, has a special status. Together with the surrounding suburbs, it forms a single conglomerate called Greater London. At present, the governing bodies of Greater London are the Assembly and the Mayor, consisting of 25 deputies, directly elected by the population of the capital.

The United Kingdom also owns insular and dependent territories, which, however, are not considered as parts of it.

The island territories are the Isle of Man and the islands of the English Channel that have belonged to England since feudal times. They are "crown" domains and are subject to the sovereignty of the United Kingdom. The islands have their own governing bodies, but the English Parliament makes laws on defense, foreign relations and customs matters.

Dependent territories are former colonies of Great Britain that have retained a state-legal connection with it. Each colony has its own parliament, but it does not decide on security issues.

3. The legal status of the individual in the UK

The legal regulation of citizenship in the UK has its own characteristics. This is historically due to the place of case law in the legal system of the country and the statute of the largest colonial power, after the collapse of which the Commonwealth was formed, which influenced the regulation of citizenship issues traditional for other countries.

According to the 1981 Law no. The following categories of citizenship are established in the UK:

1. Citizens of the United Kingdom of Great Britain and Northern Ireland (British).

2. Citizens of British Dependent Terrirories.

3. Citizens of the British Overseas Territories (British Oversears.)

Special status is provided for:

1) persons under British protection (British protected persons);

2) persons residing in third countries and who had British citizenship under the 1948 law, but lost it due to the adoption of laws on citizenship in the states of their permanent residence (mainly residing in Sri Lanka, India, Pakistan.)

1. Citizens of the United Kingdom of Great Britain and Northern Ireland constitute the main category of citizens who have all the rights and freedoms, and, above all, the right to freely enter and leave the country.

Ways to acquire citizenship:

1) by birth;

2) by origin;

3) by naturalization.

In the case of marriage to a British citizen, the law provides for lesser requirements for those wishing to acquire citizenship through naturalization.

4) acquire citizenship by registration:

1. minors born in and outside the UK, but who do not become British citizens for various reasons, but who are legally entitled to do so;

2. adults who are citizens of the British Dependent and Overseas Territories, persons under British protection and resident in third countries, but who held British citizenship under the Nationality Act 1948.

Loss of citizenship occurs in two ways:

1. by renunciation of citizenship;

2. as a result of deprivation of citizenship.

2. Citizenship of the British Dependent Territories is a specific legal bond for persons residing in a number of former British colonies. This statute does not provide for the right to freely enter the territory of the UK, but allows in a simplified procedure (in the order of registration) to obtain citizenship of the United Kingdom of Great Britain and Northern Ireland.

3. British Overseas Territories citizenship is a transitional, temporary legal status for persons who did not acquire British citizenship or British Dependent Territories citizenship before January 1983.

British protected persons may be citizens of former British colonies or territories under British protectorate who, in accordance with the Nationality Act 1981. And on the basis of the Order in the Council by the decision of the monarch are declared persons under British protection. This legal status allows you to acquire British citizenship through registration.

The British understanding of human rights has two main characteristics:

1) the legal rights of an individual are the remainder of his freedoms after they have been formalized by law and law enforcement practice;

2) the main thing in the institution of human rights is the informal fixing of their extensive list in the law, and effective judicial and extrajudicial means of their protection.

In British constitutional law there is no single classification of the rights and freedoms of citizens. The traditional division of cash, political, economic and social rights and freedoms is applicable in the UK with reservations. For the British, rights and freedoms are, first of all, individual rights limited by the state by virtue of a social contract and arising from the principle: everyone can do what is not prohibited by legal norms.

The freedom of the individual in the understanding of the British means the right not to be subjected to imprisonment, arrest or any other physical restriction of freedom without proper legal grounds and guarantees against arbitrariness.

The basis for protecting the rights of citizens from arbitrariness is:

1) the right of the detainee to find out the reasons for his detention and demand that the judge check them within 24 hours;

4) the right to an ordinary, and not an extraordinary or special court.

Personal freedom means not only personal inviolability, but also freedom of private life. This concept includes the secrecy of correspondence and telephone conversations; protection from electronic means of control over personal life; freedom of conscience and religion.

Social rights were developed and enshrined in legislation only as a last resort. Among them stand out: the right to equal pay for equal work; the right to rest, the right to social security; the right to education; right to health, etc.

uk constitution monarch citizenship

Conclusion

At the end of this work, a number of conclusions can be drawn:

I. Characteristic features of the British constitution:

1. it is the same for the United Kingdom of England, Wales, Scotland and Northern Ireland;

2. it is unwritten. There are three components of the British constitution:

· Statutory law;

· Common law;

· Constitutional agreements.

3. It is a "flexible" constitution. It has a general procedure for the adoption and amendment of parliamentary laws, which cannot be reviewed by the courts or declared unconstitutional.

II. Sources of the British Constitution: Statutes, Constitutional Customs, Judicial Precedents and Doctrinal Sources.

III. In the UK, the principle of separation of powers does not operate in its classical form, according to which the legislative, executive and judicial powers are exercised by different state bodies. The monarch has always been and remains part of each of the branches of government.

Bibliography

1. Constitutional law of foreign countries: Textbook for universities / Ed. ed. corresponding member RAS, prof. M.V. Baglaia, D.Yu. n., prof. Yu.I. Leibo and D. Yu. n., prof. L.M. Antin. - M.: Norma, 2004. - 832s.

2. Constitutional law of foreign countries: Textbook / Chirkin V.E. - "Jurist", 1997. - 568s.

3. Shestakova K.D. Constitutional law of foreign countries.: Proc. allowance.- M.: RIOR Publishing House, 2004.

4. Alabastrova I.A. Constitutional Law of Foreign Countries: A Course of Lectures.- M.: Yurait-M, 2002.

5. Constitutional law of foreign countries / O.V. Afa-K64 Nasieva, E.V. Kolesnikov, G.N. Komkova, A.V. Malko; Under total ed. d. y. n., prof. A.V. Malko. - M.: Norma, 2004. - 320s.

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United Kingdom of Great Britain and
Northern Ireland

The British Constitution: concept, composition and features.
Fundamentals of the constitutional status of a person in Great Britain.
Features of the state structure of Great Britain.
UK Parliament.
Monarch.
Government.
Judicial system of Great Britain.
Bodies of local self-government and administration.

1. The British Constitution: concept, composition and features.

In the UK, there is no single written constitutional act that regulates those relations that are usually regulated by constitutions, namely: the foundations of the social order, the constitutional and legal status of the individual, the system, the procedure for the formation and powers of public authorities. However, there is a historically formed system of norms that regulate these relations in a complex, and quite effectively. They are called with some degree of conventionality the Constitution of Great Britain, although these norms are contained in different sources of law. The unwritten Constitution of Great Britain is not due to the fact that there are no constitutional norms fixed on paper, parchment, papyrus or other medium (after all, statutes and precedents exist in writing), but because nowhere is it clearly fixed what norms classified as constitutional and which are not. However, there is a certain generally recognized set of sources of law that together make up the British Constitution.

First, these are statutes, i.e. laws. Among the statutes there are acts adopted a very long time ago, but retaining their significance. These include the Magna Carta of 1215, the Bill of Rights of 1689, the Act of Succession to the Throne of 1701, etc. There are also fairly modern laws: "On Parliament" (1911 and 1949), "On Peers" (1958 and 1963), "On the House of Commons" (1978), "On the Representation of the People" (1867, 1918, 1949, 1969, 1974, 1983, 1985, 1989, 2000), other laws adopted in the field constitutional regulation. Regulation by statutes is distinguished by non-codification, sometimes casuistry of the legal text.

Secondly, constitutional norms are found in judicial precedents related to the subject of constitutional law, i.e., rules fixed in court decisions that are binding on courts (and since any case can go to court, then for all others) when considering similar cases . As a rule, these are decisions of the High Court, the Court of Appeal and the House of Lords. The House of Lords may thus depart from its precedents. Precedents, for example, have established that there is no right to levy taxes without the permission of Parliament, that the monarch is not responsible, that the countersigning of acts of the monarch by the prime minister must be carried out. Many of the precedents were subsequently transformed into the norms of statutes.

Thirdly, these are constitutional customs, i.e., well-established norms of behavior that, due to traditions, are not called into question by the participants in these relations and other persons. They are based on the general agreement that this is how these relations should be built (due to the reasonableness, antiquity, duration and regularity of the corresponding behavior). Therefore, in relation to the UK, they are often called constitutional agreements or conventional norms (from English, convention - here "agreement", "agreement"). Some experts even suggest distinguishing unconstitutional customs from conventional norms. At the same time, it was not possible to develop any other criterion of difference, except for the nature of regulated social relations. Although this criterion makes it possible to determine the sectoral affiliation of a particular norm, it still does not give grounds to talk about its special nature in the system of norms. Similarly, in other countries, the law regulating constitutional legal (state-legal) relations is not necessarily a constitutional law.

Where there is a direct conflict between constitutional custom and statute, the statute shall apply. However, custom can interpret the content of the statute in a certain way. Some customs, like precedents, "flow" into statutes. For example, the custom that, in the event of a dispute between the Houses of Parliament, when passing a law, the dispute would ultimately be decided in favor of the House of Commons, is now enshrined in statute.

Constitutional customs, for example, establish rules according to which the monarch instructs the leader of the party that won the election to the House of Commons to form a government; that the monarch, in the exercise of his powers, is bound by the will of the government; That the monarch is obliged to sign a bill passed by parliament, etc. It is already clear from the examples given that customs are in many ways of key importance for constitutional and legal regulation in Great Britain. There are discussions about some customs from time to time. For example, the monarch has not vetoed laws passed in parliament for 300 years, which raises the question: can this be regarded as a custom or simply a fact that the monarch for the time being refrains from exercising his right? There is no unequivocal answer to this question, but so far the discussion of this issue is more of a theoretical nature, and it can move into the practical plane if a veto is suddenly imposed.

Fourthly, constitutional norms are contained in the works of authoritative lawyers (doctrine). They are considered as an additional source of the Constitution. The sphere of use of such works is the filling of a gap on a scientific basis or the elimination of conflicts between the above sources. In the field of constitutional law, these are primarily the works of V. Bedggot, V. Blackstone and A.-V. Daisy.

The peculiarities of the composition and form of the British Constitution predetermined as its specificity that it is a "flexible" constitution, since there is no difference between the law constituting the Constitution and other laws, and the law, if it regulates the relevant relations, will take precedence over precedent and custom. However, for both judicial precedents and customs, no special review procedure has been established. The historical features of the development of the British Constitution also predetermined the fact that the principle of separation of powers is not clearly expressed in Great Britain: the monarch is considered to be part of all branches of government, the House of Lords is both part of parliament and a judicial body, members of the Government are parliamentarians at the same time, etc. However, this does not mean in principle that there is subordination of one branch of government to another; in practice they are balanced.

2. Fundamentals of the constitutional status of a person in the UK.

Features of fixing the constitutional status of a person.
One of the features of the constitutional status of a person in the UK is that there is no systematic presentation of his rights, freedoms and duties. They are established and regulated by statutes, precedents, customs. Therefore, in the UK, the focus is on ensuring effective protection of rights and freedoms, primarily judicial.

The UK has specific legislation against discrimination based on race and sex (Race Relations Act 1976, Sex Discrimination Act 1975, as amended in 2002). They relate mainly to ensuring equality in the labor and social spheres, prescribe liability for manifestations of discrimination. Laws provide for restrictions on human rights in the interests of the security of society and the state, which are mainly related to the fight against terrorism (acts on emergency measures of 1973, 1978 and the Act on the Prevention of Terrorism of 1984, a number of new acts adopted in 2002-2003. ). These laws provide for the specifics of criminal procedure guarantees of the rights of persons suspected of terrorism, as well as the possibility of restricting the right to privacy.

Citizenship .
It has its own characteristics and regulation of the constitutional status of a person in terms of attitudes towards citizenship. There are several categories of persons, differing in the degree of legal connection with the UK. At the same time, the difference between them in terms of legal status lies in the unequal opportunities for exercising political rights (primarily electoral rights), as well as entering the country. This is due to the history of Great Britain as a colonial power.

So, there are the following categories of persons. Firstly, these are citizens of the United Kingdom of Great Britain and Northern Ireland (although Great Britain is a monarchy, the term "citizens" is used, not "subjects"), who have full rights and freedoms. To acquire such citizenship by naturalization, one must have lived in the UK for a certain period of time, be of good character and have a reasonably good command of English or Gaelic (indigenous for Scotland) or Welsh (indigenous for Wales) and the intention to live permanently in the UK or to work associated with permanent residence in the country. In the case of marriage to a British citizen, the requirements are somewhat simplified. Secondly, there is the citizenship of the British Dependent Territories. This status does not provide for the right to freely enter the territory of the UK, but allows you to obtain citizenship of the United Kingdom of Great Britain and Northern Ireland in a simplified manner. Thirdly, there is citizenship of the British Overseas Territories. Fourthly, the category of persons under British protection is known. Basically, they include citizens of former British colonies or territories that existed under the protectorate of Great Britain. The specified status is given to them, as a rule, in connection with emergency circumstances, by decision of the monarch (actually - - the Cabinet). Fifthly, citizens of the Republic of Ireland have a special status. They, in particular, have active suffrage in Great Britain. Sixth, there may be other foreign nationals and stateless persons in the UK.

Individual rights, freedoms and duties of a person in the UK.
In British constitutional law, there is no single official classification of the rights and freedoms of citizens, the division into personal, political, economic, social and cultural rights and freedoms is fixed by the legislator. The key among personal rights and freedoms is the freedom of the individual - the right not to be subjected to arbitrary and unreasonable physical restriction of freedom. The main document in this area is the Habeas Corpus act of 1679, which is still in force today. Its main provisions provide for the right to judicial verification of the grounds: arrest, presumption of innocence, prohibition of obtaining evidence of guilt by mental and physical pressure, etc. Personal rights also include secrecy of correspondence and telephone conversations, protection from electronic means of control over personal life, freedom of conscience and religion, inviolability of the home, that is, the inability to enter there without a special permit issued by a judge on legal grounds.

Political rights and freedoms may include freedom of speech, freedom of the press, freedom of assembly and association. The latter includes the right to form a political party. In the UK, the main struggle for representation in government is now waged by two political parties: the Conservative and the Labor Party. There are other parties, including quite large ones. There is no law in the UK to regulate political parties; it is determined by various statutes, customs and precedents. However, a number of statutes enshrined the status of the main opposition party, which is called the "Opposition of Her Majesty's Government." This party receives funds from the budget, and its leader can form and head a "shadow" Cabinet of Ministers and even receive wages from the budget as its leader. The task of the "shadow" cabinet is to ensure the continuity of government in the event of a change of government and control over the government. The right to organize trade unions is regulated in great detail in the UK (although it does not apply to police officers, military personnel, and intelligence officers).

One of the most important political rights is the right to vote. The electoral legislation of Great Britain is characterized, firstly, by the establishment of a rather low age limit when acquiring passive suffrage. It is used by citizens (only British and Irish) who have reached the age of 21. Secondly, in Great Britain it is forbidden to run for elections to a number of public officials. A necessary condition for nomination in this case is the resignation from the corresponding post, i.e., they are not given the opportunity, unlike many other countries, to first be elected and then leave their post. There is also a specific moral qualification: bankrupts cannot be nominated as candidates for this or that post. Thirdly, the electoral deposit is actively used as a condition for registration as a candidate. If a candidate receives less than 5% of the popular vote, the deposit is not returned, although the deposit itself is relatively small. The electoral rights of citizens also include the right to join a political party. It is no coincidence that in 2000 the Law on Political Parties, Elections and Referendums was adopted. Thus, the regulation of all these interrelated rights is placed in one act. True, even earlier, in 1998, the Law on Registration of Political Parties was adopted. In the UK, parliamentary elections and mainly local government elections use a majority system of relative majority, although a proportional electoral system is used in the formation of part of the Scottish Parliament and part of the Welsh Assembly. The proportional system under the 1999 Act also applies to elections to the European Parliament, with the exception of Northern Ireland, where the single transferable vote system is still used.

Among the socio-economic rights and freedoms, the most important right in the UK, of course, is the right to property. Such social rights as the right to equal pay for equal work, the right to rest, the right to social security, education, health and protection from environmental pollution, etc., have been consolidated.

3. Features of the government of Great Britain.

Status of Wales, Scotland and Northern Ireland.
The UK includes England, Wales, Scotland, Northern Ireland and a number of other territories. Historically, Great Britain has developed as a union, hence its full name - the United Kingdom of Great Britain and Northern Ireland. The features of the modern state structure are rooted precisely in this. The status of the territories that make up the UK is different. AT last years there was a tendency to expand their autonomy, which is called devolution. These decisions were made in referendums. The content of autonomy in these territorial entities is also different.

Scotland always had its own legal and judicial system, but for several centuries did not have autonomy in matters of state administration. However, on September 11, 1997, a referendum was held in Scotland, as a result of which the majority voted in favor of expanding the independence of Scotland. After a referendum, the relevant Act was passed in 1998. As a result, elections were held (in 1999, then in 2003) to the Scottish Parliament. The Scottish Parliament consists of 129 deputies elected for four years: 73 people - by majoritarian system, 56 - by proportional system. It has legislative powers on economic development, taxes, housing, agriculture and forestry, fisheries, the environment, health, education, social security, etc. Other powers remain with the British Parliament. Executive power is exercised by the Scottish Government, formed on the same principles as the British Government and in the same relationship with Parliament.

For Wales legal and judicial autonomy is much less characteristic than in Scotland. Nevertheless, in a referendum on September 18, 1997, the idea of introducing a certain (albeit less than in Scotland) autonomy was supported. The Assembly of Wales acts as the main body providing autonomy, to which 60 deputies are elected, of which 40 people are elected by the majority system, and 20 by party lists. It is not endowed with legislative powers, but has the right to broadly interpret the laws adopted by the British Parliament in relation to the peculiarities of the regional development of Wales on health, housing, education and a number of others.

Until 1972 in Northern Ireland had its own parliament, a government responsible to it was formed. Then autonomy was abolished due to the aggravation of the political conflict, until 1998, when agreements were reached in Belfast, which were later enshrined in the Northern Ireland Act. An Assembly was elected and an executive body was formed with corresponding powers, and the powers of these bodies of Northern Ireland are wider than those of similar bodies in Scotland. The Assembly has been operating since November 29, 1999, and consists of 108 members - six from each of the 18 constituencies. The first minister and his deputy are elected together, which forces the political parties to act in concert. The highest executive bodies of Northern Ireland are formed on the basis of the representation of parties according to the d "Hondt formula. On February 11, 2000, on the basis of the Northern Ireland Act 2000, the activities of the Assembly and the executive bodies of Northern Ireland were suspended until May 30, 2000, than de facto it was direct control of the region was established, and subsequently suspended twice more by order of the Minister of Internal Affairs for 24 hours to resolve crises: on August 10 and September 22, 2001. At the same time, significant prerogatives of the central government are retained. authorities of Northern Ireland, which has already been implemented once.

The UK Government provides for the Office of Secretaries of State for Scotland, Wales and Northern Ireland. On the one hand, they ensure that the interests of the respective territories are taken into account, and on the other hand, they exercise administrative supervision over their authorities.

Concerning England, it is currently divided into 4 regions on a purely geographical basis. After the reforms of the 1990s in Northern Ireland, Wales and Scotland, England remained the only one of the constituent parts of Great Britain that does not have its own parliament and government. The functions of the Parliament of England are performed by the Parliament of Great Britain, the functions of the government are performed by the Government of Great Britain. There is a movement in support of the creation of an independent Parliament and Government of England.

Territories with special status .
Territories with a special status are island territories (Isle of Man and a number of other islands in the immediate vicinity of Great Britain) and dependent territories, or "overseas possessions" (Gibraltar, St. Helena, the Falkland Islands, Bermuda, etc.). The differences between them are, firstly, in the history and grounds for falling under British sovereignty, and secondly, in the degree of unification of the system of power. Thus, island territories have their own judicial systems, while dependent territories do not; in each dependent territory there is a governor representing the monarch, although he occupies a different position, but the very presence of the post of governor unifies the system of power to a certain extent, and in the island territories the power is not unified. However, these differences are not fundamental.

Administrative-territorial units in the UK.
The entire territory of England, Wales and Northern Ireland is divided into counties. There are 45 counties in England. The counties, in turn, consist of 296 districts. In rural areas and small towns in England, the lower administrative-territorial unit is the parish. A separate administrative-territorial unit that is not part of the county system is Greater London, which consists of 32 urban areas and the City. The territory of Wales also consists of 22 counties, of which 11 are city-counties. In rural areas, counties are divided into communities. The territory of Northern Ireland consists of six counties, which are divided into 26 districts. In Scotland, top-level territorial divisions; are 32 territorial so-called units of local government, including three island territories. The lower territorial unit is the community.

4. UK Parliament.

Structure and formation of parliament.
The British Parliament is a classic example of the so-called "Westminster model" (in fact, he gave this model its name) and consists of two chambers - the House of Commons and the House of Lords, as well as the monarch, which is its integral part.

The House of Commons is elected for a term of five years on the basis of a plurality majority system with 659 members to date. The President of the House of Commons is called the Speaker. He is elected by the Chamber from among its members following an agreement between the ruling and opposition parties. The speaker's candidacy is approved by the monarch, but this is more of a symbolic act. The Speaker is formally elected for the term of the Chamber, but if he remains a deputy after new parliamentary elections, then the deputies traditionally re-elect the speaker for a new term. The speaker has the authority both to represent the House of Commons outside (provides interaction between the House of Commons and the monarch, the House of Lords, the Government), and to manage the work of the House. In the latter sphere, he has particularly significant powers, in particular, determines the type of bill (financial or ordinary), which affects the procedure for passing it, the method of voting, the existence of grounds for ending debate, appointing the chairmen of standing committees, etc. The Speaker of the House of Commons does not participates in the debate. He is obliged to conduct himself politically impartially. He is not even granted the right to vote and participate in debates, however, if the votes of deputies are equal, he is obliged to vote, and then his vote becomes decisive.

Other responsible officials of the House of Commons are the deputy speakers (one of them is the first), the leader of the House of Commons (in fact, the representative of the Government in the House, but also a member of the House) and the clerk - an official who is not a parliamentarian, appointed by the monarch (in fact - Chamber) without limiting the term of office. The Clerk directs the staff of the House and is the speaker's adviser on matters of procedure and parliamentary privileges. Order in the House of Commons is maintained by a bailiff. A collegial governing body is not created in the Chamber. At the same time, a Committee of the House of Commons is formed, consisting of the speaker, the leader of the House (he represents the ruling party), the member of the House appointed by the leader of the opposition, three members of the House who are not ministers. The Committee of the House of Commons appoints the staff of the services of the House, sets their wages, and supervises the work of employees.

In the House of Commons, it is possible to create permanent and temporary committees. To standing committees include specialized ones created by the Chamber (by sectors and management functions, for example, industry and trade, transport; mainly having control functions regarding the relevant areas of activity of the government and ministries) and non-specialized (indicated by letters A, B, C, etc. - total eight; mainly have the functions of working with bills without their sectoral binding). The permanent ones can also include sessional committees, formally created at the beginning of each session of the Chamber for a period of time until its completion to resolve issues of organizing work (commissions on the Rules, on privileges, on procedure, and a number of others), but recreated for each new session in the same form, Therefore, they are not really temporary, but permanent.

Provisional Committees created to deal with specific issues. Among them are the joint committees of both houses of parliament, formed from their representatives and created to consider non-political issues and some bills. Provisional Committees may also be referred to as committees of the entire House, which represent the House of Commons as a whole. This form of work of the House of Commons is used when discussing significant (mainly financial and constitutional in essence) bills to simplify the traditional procedure. The meeting is chaired not by the speaker, but by a special temporary chairman.

The House of Lords has four kinds of members so far. Two of them occupy a seat in the House of Lords by position: Lords Spiritual (the highest hierarchs of the Anglican Church) and Judicial Lords (there are 12 of them, they are appointed to perform the judicial functions of the Chamber). There is a category of hereditary lords (peers) - - in recent times their number was reduced by law, as well as life lords (peers), appointed by the monarch on the recommendation of the prime minister for services to Great Britain. Under legislation approved by the House of Commons in 2000, the House of Lords will soon not include hereditary peers at all.

So, now the Act on the Episcopate of 1878 is in force, establishing a list of 26 spiritual lords - members of the House of Lords ex officio (by position). The reform of the House of Lords, carried out by the Act of the same name in 1999, excluded the hereditary Lords from the members of the upper house of the Westminster Parliament. For a transitional period, 92 out of 758 (as of November 1, 1999) hereditary lords were left in the House for life. These include: the Earl Marshal (chief master of ceremonies and chairman of the Heraldic Chamber of Great Britain) and the Lord Chief Chamberlain ex officio and 90 elected hereditary lords. Of the latter, 75 are elected by four parliamentary groups in proportion to their representation: 42 Conservatives, 28 Independent Democrats, three Liberal Democrats and two Labor. The remaining 15 are elected by the entire House to serve as Vice Speaker and other officers of the House. Of these, nine Conservatives and two representatives of other parliamentary groups: Independents, Liberal Democrats and Labor. Now all hereditary lords, with the exception of those remaining in the House of Lords, have the right to stand for election, including in the House of Commons.

At the head of the House of Lords is the Lord Chancellor, who is part of the government and is appointed by the monarch on the proposal of the prime minister for a period of five years. He has fewer opportunities to make individual decisions on the organization of the work of the Chamber than the speaker. His powers lie rather in the sphere of the judiciary: the Lord Chancellor is the government's chief adviser on justice, heads the judiciary, is the chairman of the highest judicial bodies, and plays an important role in the appointment of judges. The Lord Chancellor has two deputies. However, in 2003 the Government decided to abolish the existing position of Lord Chancellor in the near future and to pass legislation establishing a new institution to carry out the functions currently performed by the Lord Chancellor. In addition, the newly appointed Lord Chancellor in 2003 issued a statement that, as a judge, he would not sit in the House of Lords, nor would he act as Secretary of State for Constitutional Affairs, and thus cease to be a judge and minister. The new Secretary of State for Constitutional Affairs will no longer preside over the upper house of parliament.

The position of the leader of the chamber is envisaged. It is the representative of the party that won the election to the House of Commons, even if it has a minority in the House of Lords. He is endowed with separate organizational powers. In the House of Lords, as in the House of Commons, the position of a clerk is provided for with approximately the same status as in the House of Commons. The House of Lords creates committees on individual issues, such as the Committee on Science and Technology, the Committee on European Union Affairs and others. Such committees may act as permanent or temporary. It is possible for both chambers to form joint committees to deal with matters within the jurisdiction of both chambers.

Factions can be created in both Houses. However, they have no real weight in the House of Lords. The factions of the House of Commons are characterized by the presence of "whips" - persons appointed by the party leadership who, as already noted, ensure the voting and behavior of the members of the faction in the interests of the party.

Powers of Parliament.
The main power is legislation. The powers of Parliament to pass laws are virtually unlimited. He can pass legislation on almost any issue, but in recent years he himself prefers to delegate authority in this area to the government. The ability of Parliament to decide by law any, in essence, issue is confirmed by the fact that bills (bills) adopted in Parliament can be public (designed to regulate relations of general interest) and private (affect the interests of certain individuals, groups of individuals or territory). Sometimes mixed bills are distinguished that combine these features. Note that laws in the UK can not only regulate social relations themselves, but also determine the direction of government policy and resolve specific issues.

Bills may be introduced in any House of Parliament, except for Finance Bills, which are only introduced in the House of Commons. In fact, consideration always begins in the House of Commons. There bills are accepted, as a rule, in three readings. The law is adopted by a majority vote, after which it is sent to the House of Lords, which may agree or disagree with the House of Commons. In case of disagreement, a compromise version of the law can be developed and adopted (using the "shuttle" method). If agreement cannot be reached in this way, then the entry into force of the law is postponed for a year. After a year, the House of Commons may pass the law in the same wording, and it will come into force. Entry into force of laws on financial matters postponed for only one month, and their re-adoption is not required. If both houses pass a law (or the House of Commons overcomes the disagreement of the House of Lords with it), it is sent to the monarch and, after its signature and publication, becomes legally binding.

In recent years, the delegation of legislative powers to the government (Cabinet of Ministers) has been developed.

The chambers also have control powers. The vast majority of them are concentrated in the House of Commons. The government is under her control. The control is carried out, firstly, through oral and written questions of deputies, to which an answer must be given, secondly, through specialized or temporary specially created committees, thirdly, through the expression (by decision by the Chamber) of regret about the policy of the government - this is a softer formula than an expression of distrust. In addition, control can be exercised with the help of special officials: the Parliamentary Commissioner for Administration (in fact, this is an ombudsman, but he accepts a complaint for consideration not from citizens, but through the House of Commons) and the Auditor General. The highest manifestation of control powers is the issuance of no confidence (resolution of censure) or the denial of a door to the government. The control powers of the House of Lords are exercised in the form of: a) questions to government ministers; b) the creation of temporary committees to study relevant problems.

The House of Lords also has judicial powers and the status of the highest judicial body in the country.

Parliamentary procedure.
The procedure of the British Parliament has a number of features. Firstly, there are no regulations for the work of the chambers as unified written acts. The order of work is determined mainly by customs and parliamentary traditions. Secondly, the quorum is very low - 40 people for the House of Commons and three people for the House of Lords. Thirdly, voting is usually open, and its methods are used, such as division (parliamentarians go through different doors depending on the decision they support) and acclamation (the decision is made depending on the loudness of the cries of supporters of one or another option). Fourthly, the system for limiting debates has been developed. In order to ensure the effectiveness of the legislative process in parliament, various methods of limiting debate are used (the "guillotine", "kangaroo", simply stopping the debate at the request of 100 parliamentarians, and a number of others). Finally, the entire procedure of the House of Commons, even the peculiar seating of parliamentarians (opposite each other), reflects the presence of the ruling (government) and opposition parties and is built around such a balance of power.

Dissolution of the House of Commons.
Formally, the monarch has virtually unlimited right to dissolve the House of Commons. However, in accordance with customs, it can only be implemented at the initiative of the prime minister and only as an alternative to the resignation of the government after expressing no confidence or denial of confidence.

parliamentary status.
It is characterized in relation to the House of Commons primarily by a free mandate. However, when voting, a deputy, as a rule, is bound by factional affiliation. The deputy works on a permanent basis, receiving remuneration for his work. A deputy mandate is incompatible with entrepreneurial activity, but it is compatible with holding key positions in the executive branch. The British Parliament is characterized by extremely limited parliamentary immunity. It consists in the fact that a parliamentarian cannot be prosecuted for speaking in parliament (but not elsewhere). In other cases, the consent of the speaker serves as the basis for initiating criminal procedure procedures.

5. Monarch

The UK is a parliamentary monarchy.

The position of the monarch (king or queen) in the system of power is determined by the formula "reigns, but does not rule." Its purpose is to symbolize stability state institutions. At the same time, it is formally endowed with quite large opportunities - both by fixed statutes (there are not very many of them), so; and regarded as the inborn powers of the monarch (prerogatives exist insofar as they are not limited by statutes). Prerogatives concern the personal status of the monarch (personal prerogatives) and his place in the power system (political prerogatives).

Monarch prerogatives .
The political prerogatives of the monarch are formally very large. He, in particular, appoints the Prime Minister, directs the Armed Forces, appoints judges, grants pardons, has the right to convene and dissolve parliament, sign laws, is the Commander-in-Chief of the Armed Forces, has the right to declare war and conclude peace, conclude international treaties, appoint diplomatic representatives and etc. However, the monarch does not exercise powers independently. The government is appointed by him based on the results of parliamentary elections, and all other actions in which power is manifested are carried out subject to the countersign of the prime minister and at the initiative of the government (Cabinet). The monarch nevertheless has some "hidden" powers that he can exercise himself, in accordance, of course, with the political situation. Thus, several times, in the absence of a clearly defined majority in parliament as a result of parliamentary elections, the government was formed on the basis of the choice made by the monarch. The monarch also retains the right of absolute veto on laws, but since the beginning of the 18th century, as already mentioned, it has practically not been used.

Personal prerogatives consist, firstly, in the presence of attributes of power (throne, orb, scepter, title, mantle), secondly, in the right to the royal court and civil list (monetary allowance), thirdly, in the immunity of the monarch - the principle his irresponsibility ("a monarch cannot do wrong"). It is to ensure immunity that the institution of countersignature serves. At the intersection of personal and political prerogatives are the following elements of the status of the monarch: he heads the British Commonwealth - an association of former British colonies, some of which, such as Australia, recognize the monarch as head of state; in addition, he is the head of the Anglican Church.

succession to the throne .
Under the Act of Succession of 1701, the Castilian system of succession to the throne was established in Great Britain. In accordance with it, the succession to the throne is carried out by the eldest son, and in the absence of a son, by the eldest daughter. The monarch himself may appoint another heir. The heir to the monarch acquires the title "Prince of Wales". The English monarch must be Protestant by religion and cannot be married to a Catholic or divorced.

Privy Council .
The Privy Council is a specific body, directly connected both organizationally and historically with the institutions of the monarchy. The Privy Council consists of ministers, judges of the Court of Appeal, archbishops of the Church of England, the speaker of the House of Commons, British ambassadors to foreign countries and a number of senior civil servants - about 400 people in total. The Privy Council has the status of an advisory body to the monarch. Many decisions of the monarch are traditionally formalized as acts adopted "in Council"). Such acts are adopted in the form of proclamations (for example, the convocation and dissolution of Parliament, the declaration of war and peace, and other significant issues) or in the form of orders. However, this does not remove the requirement to countersign acts of the monarch. The Privy Council may create subdivisions in separate areas of activity, the only really operating of which is the Judicial Committee of the Privy Council.

6. Government.

British executive system.
The executive power of Great Britain is exercised by the Government, which consists of the heads of ministries and other departments, ministers of state (deputy ministers who are professionals in the relevant field of government and retain their powers regardless of the change of ministers and which party forms the government), parliamentary secretaries (deputy ministers for relations with Parliament), a number of other officials.

The government is headed by the prime minister. His powers stem from political traditions and customs, in particular, they cover certain powers related from a formal point of view to the prerogatives of the monarch. The Prime Minister forms the government and manages its activities, exercises control over the implementation of government decisions by ministries and departments. Officially, he holds the position of First Lord of the Treasury. Due to the set of its powers, it plays a key role.

The government as a whole, due to its large size, does not actually meet as a single collegial body. Therefore, there was a cabinet system of government. The cabinet represents a group of ministers, appointed by the prime minister, which makes collegial decisions on the most important issues. Usually it is about 20-30 people. The cabinet speaks for the government as a whole. Within the framework of the Cabinet, an even narrower collegium is being created - the so-called inner cabinet, which includes a group of the closest associates of the prime minister from among the members of the Cabinet. The Internal Cabinet does not have any formal legal status. Other boards can also be created within the Cabinet of Ministers: to consider certain issues, for example, on defense, foreign policy, economic policy and planning, etc. The decision to create such boards (committees) is made by the Prime Minister.

Formation and resignation of the government.
The Prime Minister is the leader of the party that wins elections to the House of Commons. Formally, the appointment is made by the monarch. The prime minister then forms a government made up of mostly parliamentarians. The Cabinet may in general only include members of Parliament, mainly the House of Commons, but also the House of Lords (for example, the Lord Chancellor). At the same time, state ministers, as professional deputy ministers, must ensure the stability of government. The government resigns if the House of Commons refuses to trust it or expresses no confidence in it (the latter has not yet been applied in political practice). However, if the monarch, at the suggestion of the prime minister, dissolves the House of Commons, then the resignation of the government does not occur.

Functions and powers of the government.
The main functions of the Cabinet of Ministers are to determine the policy course for discussion in the UK and the approval of Parliament, and the implementation of this course. The Cabinet of Ministers heads the executive power: it coordinates the activities of ministries and departments. But in addition to the functions and powers of the executive branch itself, the Cabinet includes functions and powers that traditionally belong to the head of state, which the monarch does not really exercise: for example, leadership foreign policy, conclusion of contracts. They are carried out by the Prime Minister.

Although the government is formally controlled by the House of Commons, in fact, due to the fact that the prime minister is usually the leader of the party with the majority in the House of Commons, the government, which has a relatively stable parliamentary majority, can pass the decisions it needs through parliament.

7. UK court system

courts in the UK.
The judicial system of Great Britain is somewhat archaic and intricate, although it works quite effectively, as well as the presence of its own judicial systems: a) in England and Wales; 6) in Scotland; c) in Northern Ireland; d) in some island territories. The UK judicial system is characterized by the active use of trials with the participation of jurors.

The judicial system of England and Wales includes: the Supreme Court, consisting of the Court of Appeal, the High Court and the Crown Court (these are the highest courts); magistrates' and county courts (these are lower courts). These are the courts general jurisdiction. In addition, there is a system of administrative tribunals of several subtypes, depending on the branch of government. Industrial tribunals that deal with labor disputes are also a variation of these. Appeal tribunals are also being created: for each subspecies of administrative tribunals - its own. In the system of industrial tribunals - the Appeals Tribunal for Labor Disputes. In England and Wales, there are also military and ecclesiastical courts, whose competence includes, respectively, the consideration of cases of offenses of military personnel and persons of the clergy. Juvenile courts operate as specialized courts.

The Court of Appeal, which is part of the Supreme Court, has two divisions: civil and criminal. Department for civil affairs considers appeals against decisions of the High Court, county courts, appeal tribunals. The Criminal Division hears appeals against decisions of the Crown Court.

The High Court consists of three divisions: 1) the chancellor's division; 2) separation of the royal bench; 3) department for family affairs. The Chancery Department, as a court of first instance, considers individual civil cases (on bankruptcy, trust, etc.), and as an appellate instance, complaints against some (also, as a rule, related to certain aspects of economic activity) civil law decisions county courts. The Queen's Bench Division, as a court of first instance and appellate jurisdiction, hears civil cases relating to the fulfillment of contracts and infliction of harm, as well as certain categories of criminal cases. It, in turn, consists of the Commercial Court to deal with trade disputes and the Admiralty Court to deal with claims for damages in connection with shipping. The Family Affairs Division, as a court of first instance and appellate jurisdiction, hears family cases, cases of guardianship, adoption, paternity, and other similar matters.

The Crown Court hears mainly criminal cases of serious crimes, and as an appellate instance, complaints from persons convicted in the magistrates' courts.

County courts hear minor civil cases. Magistrates' Courts have criminal and civil jurisdiction. Their criminal jurisdiction includes the consideration of cases of minor crimes, civil - simple civil cases (primarily marriage and family, relating to the recovery of public law and private law debts). At the bottom of the "judicial ladder" are justices of the peace, who may not have a legal education and work for free.

The Scottish judiciary is autonomous. The highest courts are the High Court of Justicars and the Court of Session. The lower courts are sheriff and district courts. The High Court of Justiciars has jurisdiction over criminal matters. At first instance, the High Court of Justiciars hears serious criminal cases; in appellate jurisdiction, appeals against sentences of lower courts. The Court of Session is the highest judicial body for civil cases, consisting of two chambers: external and internal. The outer chamber of the Court of Session considers cases at first instance, the inner chamber - on appeal. Sheriff's Courts deal with medium-sized criminal cases, as well as civil cases outside the jurisdiction of the Court of Session. District courts, composed of justices of the peace or paid magistrates, hear minor criminal cases.

The judicial system of Northern Ireland is also autonomous, but it almost completely copies the judicial system of England and Wales, as well as the judicial system of the Isle of Man and a number of other islands under the jurisdiction of Great Britain.

There are supreme judicial bodies in Great Britain, the jurisdiction of which extends to the whole territory of Great Britain. This is the House of Lords and the Judicial Committee of the Privy Council under the monarch. The House of Lords considers complaints in civil and criminal cases against decisions of the Court of Appeal, the High Court of England and Wales, the High Court of Northern Ireland, the Court of Session of Scotland (in the latter case, only in civil cases; there is no appeal against decisions of the High Court of Justice-ciarii). The conditions for filing an appeal are regulated by law (basically, an appeal is possible on significant issues of law). The establishment of a Supreme Court completely independent of the House of Lords is currently under consideration.

The Judicial Committee of the Privy Council, as a judicial body, is the appellate court in respect of the ecclesiastical courts and high courts of the Isle of Man and a number of other islands under the jurisdiction of Great Britain, and even in certain categories of cases for certain independent island states in the Caribbean that are members of the Commonwealth of Nations. He also has an advisory function - he expresses his opinion on matters of law at the request of the monarch.

Status of judges
An extensive system of courts predetermined the diversity of the status of judges. Lawyers who, as a rule, have a very significant experience as a lawyer (barrister) can be appointed to the higher courts. The appointment is made by the monarch on the proposal of the Lord Chancellor. They are appointed without a term limit, but tenure is limited by the age limit (72 or 75 years, depending on which court judge they are). The Lord Chancellor may dismiss them early in the event of offenses or incapacity. Judges of the Court of Appeal are subject to dismissal through parliamentary impeachment. Ricorders (acting judges) are appointed temporarily - for a clearly defined period. The requirements for them are not so high. With a certain length of service, a ricorder can be appointed as an ordinary judge. The judges of the lower courts are appointed by the Lord Chancellor. He can dismiss them from office without explanation. In general, justices of the peace work until they reach the age of 70, and paid magistrates - 65 years. Justices of the peace do not have to be professional lawyers. The secretary of state for that territory participates in the appointment of judges for the courts of Scotland and Northern Ireland. The judges of the administrative tribunals are appointed with the participation of the relevant departments (according to the branch of government in which the tribunal operates).

8. Bodies of local self-government and administration

Bodies of local self-government and administration.
Local self-government in administrative-territorial units is carried out basically according to a similar scheme, although local self-government in England and Wales, Scotland, Northern Ireland, and also in other territories is distinguished by certain specifics. The population elects a local council (in small settlements it is replaced by a gathering). Members of councils (advisers) work on a non-permanent basis. The main form of council work is a session. The council elects a chairman from among its members (in the cities he is called the mayor). Executive functions are performed by committees formed by the council and consisting of advisers and other persons. There are no councils in the counties of Northern Ireland and the six metropolitan areas of Great Britain, that is, in large cities. There was also no local government for Greater London for some time.

The Greater London Authority Act 1999 establishes the government of Greater London: separate and direct election for four years of the Mayor of London and the Assembly of London, including the London, City, Inner and Middle Palace areas. The Mayor of London is responsible for the development and implementation of the transport and environment strategy, economic development and culture, budget preparation for all city governments. The mayor also appoints certain individuals to the four functional departments. The Assembly is called upon to advise, consider and approve the decisions of the mayor, the city budget, including the funds of functional departments, by a qualified majority. At the same time, she conducts investigations on issues important to London. Elections for the mayor of London are held under a majority system if there are fewer than three candidates. If there are three or more candidates for this post, an additional vote system is used, that is, a plurality vote is used in combination with a preferential vote.

The Assembly, consisting of 25 deputies, is elected by the "additional member system". The 14 MPs are elected from single-member constituencies comprising two or three London boroughs and established by this act on the basis of recommendations made by the Local Government Commission for England following the application of the Greater London Authority Referendum Act 1998. The Home Secretary determines the boundaries and names of constituencies and review them periodically. The rest, designated as "Members of London", are elected from a single multi-member constituency which forms London as a whole. In ordinary elections every four years, the election of the mayor, 11 members of London, and 14 single-members is held. They were first held on May 4, 2000. The power to postpone the date of the election belongs to the Minister of the Interior by issuing an order. Subsequent elections shall be held on the first Thursday of May of the fourth calendar year following the previous one.

In the course of elections of deputies to the Assembly, a plurality vote is used, i.e. the voter has two votes: one for the election of a single-member deputy, the second for voting in one London multi-member constituency for a list of a political party or an independent candidate. When distributing seats in a single London district, the d "Hondt formula is used to ensure the widest representation by the party: a candidate cannot be nominated in more than one single-member district of London. If there is a vacancy for a deputy mandate, elections must be held no later than 35 days from the moment the vacant seat is declared, not counting Sundays and weekends If a seat is declared vacant six months before a regular election, it will only be held if there are more vacancies in the Assembly If a vacancy arises among MPs from London elected on party lists, the Electoral Officer at the Greater London can fill it with the next candidate on the list.Similar rules apply to the office of Mayor.The temporary exercise of his powers is vested in the Deputy (Deputy Mayor) or Speaker (Chairman) of the Assembly.

However, the reform of local government carried out in connection with the accession of Great Britain to the European Charter of Local Self-Government is designed to allow, firstly, an independent determination of the system of local government bodies, and secondly, the creation of such bodies where there were none before. Thus, on the basis of a referendum in Greater London, a system of local government was created, including the City Assembly and the Mayor elected by the population.

The relationship of local authorities with national authorities.
Local governments in the UK exercise their powers within the limits determined by Parliament or on behalf of Parliament by the government. This is the essence of the doctrine of inter vires - the key to local government in the UK. Thus, each territorial unit has its own competence, determined by law. In the UK, including locally, no government bodies designed to oversee local self-government. In practice, such supervision can be carried out by central sectoral and functional departments in their areas of activity. They can conduct inspections of local activities in this area, have the right to approve certain acts of local authorities, in particular on personnel issues. In addition, government agencies can organize an audit of the financial activities of local authorities. The legality of acts of local government, including compliance with the limits of authority, is controlled by the courts.

Changes in the political system of England in the 19th century.

Formation of a constitutional monarchy in England.

The main stages of the English bourgeois revolution.

Lecture 12. The state and law of England in modern times.

1 . The modern state of Great Britain arose as a result of a revolution called the "Great Mutiny" (1640-1660), as well as a coup d'état called the "Glorious Revolution" (1688). administration. A special role was played by the confrontation between the king and parliament, which was terminated only as a result of the Glorious Revolution, when the rights and privileges of the king and parliament were clearly stipulated in the law. In 1628, Parliament adopts a petition for the right, directed against illegal taxes and fees. The king responds to the petition with his resolution, in which he promised to maintain just rights and liberties, as well as his prerogative. Soon the parliament was dissolved and for 11 years the king rules without convening a parliament. However, the unsuccessful war with Scotland required new subsidies, the allocation of which requires the consent of Parliament. The newly convened ("short") parliament refuses to pass the necessary laws, for which it was dissolved. The king, as a compromise, agrees to convene a new parliament (which has become "long"), which, contrary to expectations, becomes the driving force of the revolution.

During this period, the following political trends took shape in England:

Royalists - representatives of the secular and spiritual nobility, supporters of strong royal power and the Anglican Church.

Presbyterians - representatives of large landowners, whose main goal was to slightly limit the power of the king, restore the balance of power and cleanse the church of the remnants of Catholicism.

Independents- representatives of the middle bourgeoisie and the petty nobility, Cromwell was their representative, demanded more fundamental changes in the country.

Levellers- representatives of peasants and artisans who demanded the establishment of a democratic republic and the formal equality of citizens, regardless of their property status.

In addition, supporters of socialist utopias, the diggers, who demanded the destruction of private property, played a certain role.

At the first stage, the parliament seeks the adoption of the "three-year act". This law establishes a maximum break period between sessions of Parliament of 3 years. In addition, the dissolution of parliament and a break in its session became possible only by the decision of the parliament itself. Thus, the independence of parliament from the king is established. These changes lead to open struggle between the king and parliament. At the beginning, victory was on the side of the king's army, which was better prepared and armed. The position changes after military reform held after the adoption of the law "On the new model of the army" by the parliament. Peasants and artisans began to be drafted into the army, they began to appoint officers to officer positions depending on merit, and not on origin. Strict military discipline and responsibility before the court are introduced. The army becomes regular. After these transformations, the army of parliament defeats the king. Charles 1 was forced to surrender and the decision on his future fate passed into the hands of Parliament.

During this period, the struggle between the Presbyterians and the Independents intensifies. The Independents are purging the parliament of monarchists. Cromwell comes to power, who seeks the trial of the king by the death penalty for the king.

England becomes a republic, but the struggle does not end there. Under these conditions, Cromwell disperses parliament and establishes a regime of personal power (protectorate).

The supreme power in the state is transferred to the Lord Protector. All acts in the state are issued on his behalf, with his signature. He was the commander-in-chief, resolved issues of war and peace, international cooperation. The office of Lord Protector was elective. Cromwell became the first Lord Protector and held this post for life.

2. The first legislative act that consolidated the idea of a constitutional monarchy can be considered a document called "Instrument of Administration" adopted in 1653 by the Council of Officers. This act consisted of 42 articles and regulated issues of state structure and administration. This document notes a combination of 3 principles:

1) The democratic principle provided for the existence of a representative body - parliament.

2). The monarchical principle secured the privileges of the Lord Protector

3). The aristocratic principle provided for the creation of a state council.

However, in reality this period was marked by the strengthening of Cromwell's personal power. After the death of Cromwell, his son Richard, who took the post of Lord Protector, could not hold on to power. The protectorate was replaced by a monarchy. The son of the executed king, Charles II, was invited to the throne. He restored the old order and brutally cracked down on Cromwell's supporters.

In political life, two parties are emerging - the Tories and the Whigs. The Tories united the most conservative farmers in their ranks. Whigs were representatives of liberal-minded industrialists and merchants.

Charles II was replaced on the throne by James II, whose policy was extremely reactionary. He tried to restore absolute monarchy, which caused dissatisfaction with both houses of parliament, James II was overthrown, and his son-in-law, William of Orange, was invited to the throne, who agrees to all the demands of parliament to limit royal power. This coup d'état went down in history under the name "Glorious Revolution" and led to the formation of such a form of government as a constitutional monarchy.

The legislative basis of the constitutional monarchy was:

1. Heabes corpus act (1679), which limited the possibility of extrajudicial punishment of the king over the opposition and consolidated a number of democratic principles (inviolability of the person, speedy and fair justice, legality during detention).

2. "Bill of Rights" (1689), which secured such a form of government as a dualistic monarchy - a transitional form from absolutism to a constitutional monarchy; and limited the powers of the king.

3. The dispensation act (1701), which deprived the king of the right to pardon, limited the judicial powers of the king, and secured the supremacy of parliament.

Thus, the English version of the separation of powers is established, based on the supremacy of parliament, the responsibility of the government to it and the exclusive right of parliament to change judges. In addition, the rule of countersignature and the principle of irremovability of judges were introduced.

On the this stage The state system of England was presented as follows: at the head of the state was actually a bicameral parliament. The upper chamber - the House of Lords - is formed on a hereditary basis, by appointment of the king or by virtue of their position (archbishops). The lower house - the House of Commons - is formed on the basis of elections, limited at that time by a high property qualification. The powers of the king were limited. He represented the country in the international arena, was the commander-in-chief, appointed officials, participated in legislative activities (signed laws). The Privy Council was transformed into the Cabinet of Ministers. The powers to form the Cabinet of Ministers are transferred to the Parliament. The prime minister becomes the head of the cabinet of ministers. The personal responsibility of ministers to the people is established, as well as the right of parliament to bring ministers to justice. There is a so-called responsible government. Gradually, the principle is formed: the king reigns, but does not rule. From that moment on, laws come into force only when, in addition to the signature of the king, they bear the signature of the prime minister or the responsible minister.

3. The development of the parliamentary monarchy was accompanied by a restructuring of the administrative apparatus. In the 19th century in England, for the first time in the world, an institution of civil service (“permanent government”) was created. The civil service was a complete system of administration through a permanent professional bureaucracy. Officials were divided into two categories: the highest (leaders) and the lowest (performers). The apparatus of professional civil servants was freed from party influence and did not change with the advent of new ministers.

Parliament becomes an instrument of government. This is due to the fact that the government began to be formed from the leaders of the party that received the majority of seats in which occupies a large seat in parliament. The leader of the party served as prime minister. Therefore, the work in parliament was reduced to discussing government decisions. The government prepared such decisions that excluded debates and debates at parliamentary sessions. The growth of the state apparatus continues, a large number of ministries.

For a century, a number of laws have been passed in the country aimed at reforming the system of representation. The Act on the Representation of the People in 1832 led to the redistribution of deputy seats, eliminated the representation of "rotten" towns, provided for the dependence of deputy seats on the number of inhabitants of settlements (from 1 to 4). Voting rights were given to males who had reached the age of majority, owned real estate, and paid annual taxes. The residence requirement is introduced, that is, the requirement to live in a certain area for a certain period of time. This law allowed to double the electoral corps. In 1867, a new law was adopted, which lowered the property qualification and led to another redistribution of deputy seats. This reform made it possible to participate in elections not only to property owners, but also to representatives of the labor aristocracy, who had a certain income, paid taxes and lived in the area for at least a year. In 1872, the procedure for registering voters and secret voting was introduced. There is a formation of conservative and liberal political parties. Reform 1884-1885 simplified the application of the property qualification, led to another redistribution of deputy seats, divided the counties into constituencies and eventually led to the formation of a majority electoral system in England with a relative majority.

During the same period, the system of local self-government was being reformed. Similar governing bodies were created - councils, the number of counties was increased, local governments were independent and were deprived of administrative guardianship from the central authorities.

Judicial reform abolished the division of the highest courts of England into courts of common law and courts of justice. The highest court was the Supreme Court, which consisted of the High Court and the Court of Appeal. For criminal cases, the Central Criminal Court of London acted

4 . The bourgeois law of England took shape in the 16th and 17th centuries and retains its features to this day. It shows the continuity of pre-revolutionary (feudal) law and post-revolutionary (bourgeois) law. England was able to keep most of the feudal norms, including new content in them. New principles of law (eg free enterprise) were introduced, as well as new institutions of law (eg copyright).

The peculiarities of English law include its archaism. Until now, some norms are expressed in the feudal dialect. This principle is firmly adhered to, since it is believed that it is he who preserves the inviolability of law and the state system.

The next feature of English law is its isolation from the continental system of law. Roman law did not have a significant impact on the development of English law. This explains the presence in the legal system of England of special institutions, a kind of conceptual apparatus. England is characterized by special sources of law:

1) Common law, the creators of which were the judges of the royal courts. It manifests itself in the judgment. Since the Middle Ages, a whole system of case law has been built in England.

The common law was not binding on the judge. When making a decision, the judge was guided by his own knowledge and convictions, which led to the emergence of new precedents and gave the law of England a certain flexibility.

2). The law of equity is the second system of case law created by the court of the Lord Chancellor, which retained its significance until the 19th century. This system was not bound by the principles of case law, developed under the influence of Roman law and protected the interests of entrepreneurship. It was this system that contributed to the development of new institutions in English law (for example, the institution of trust). During the judicial reforms of the second half of the 19th century, the courts were merged into a single system, which led to the unification of common law with the law of equity into a single system of case law.

3). Statutes are laws passed by Parliament. Until the 19th century, numerous acts of the era of feudalism retained their significance, which gave English legislation an extremely confusing character. This explained the low importance of statutes in the legal system of England. English law does not know the codification of legislative acts, although consolidated acts have been issued since the 19th century. Such acts began to combine without changing the content of all previous statutes adopted on the same issue. By the end of the 19th century, “substitutes for codes” appeared - consolidated statutes with elements of codification (for example, the Law on a bill of exchange, the Law on Partnerships), official collections of statutes began to be published.

England in the first half of the 19th century. The political system of Great Britain What is the political system in Great Britain

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