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THREE BRANCHES OF GOVWRNMENT

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2015
/ CONTENTS

 / SUMMARY AND KEY WORDS

..3
THREE BRANCHES OF GOVWRNMENT IN UNITED KINGDOM
..4
.............14
/ GLOSSARY.26
/ REFERENCES.30

/ SUMMARY AND KEY WORDS

2

 ,
, , .
,
. ,
, , , .
, ,
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,
, . ,
,
.
Legislature , law , Parliament ,
lawmaking - , House of Lords , The Legislative
process , speaker - , bill , legislation , Legal System , Jurisdiction ,
Appellate Committee of the House of Lords-
, Constitutional Reform Act 2005 -
2005 ; Supreme Court of the United Kingdom
, High Court of Justice - , court system , Civil-, first instance- , Appeal, Judges - , the establishment- , the judiciary
, appellate court , Judicial Committee of the
Privy Council , Government departments
, executive agency
, civil courts , family courts ,
criminal courts , Magistrates' Courts ,
Crimes against people .

THREE BRANCHES OF GOVWRNMENT IN UNITED

3

Introduction.
In this term paper we with you will become familiar with three branches of
power of the political system of Great Britain. We will try to show principles of
work and mechanisms of action, and device and essence of the political system of
the United Kingdom you. Speech will go about Parliament that consists of House
of Commons and House of Lords, Government of Great Britain, consisting of
Cabinet of Ministers, of Minister, of Treasury with Secretariat and Office. In
subsequent we with you will consider a department judicial that is presented by
Supreme Court of Great Britain, by the Appeal court of England and Wales, by the
court of crown, by the courts of counties et cetera.
Government
For understanding of features of organization of executive power, it is
necessary to specify in Great Britain, that her quite often, though very unexactly,
designate a term "The Crown". From here archaic decision of members of
government as "servants of the Crown". Term "The Crown" is sometimes used and
for denotation of institute of monarchy overall, positions of monarch in a state
mechanism and his functions, however behaves to generally accepted.
Cabinet of ministers
Basis of government of Great Britain is made by Cabinet of ministers that is
a group of the ministers invited by a prime minister for a discussion and making
decision on most essential questions of domestic and external policy. The office
model of organization of government, taking beginning exactly in British political
practice, consists of that the real government includes not all political leaders of
ministries and departments, and only those, who heads major from them.
Governments however the college of all ministers simply exists. Therefore
concepts
Status actually ministers substantially differs from status of ministers members of Cabinet. Every member of Cabinet is, in fact, by an interlink between
Cabinet as integral structure and ministers, and also by other leaders, ministries
and the departments of that function out of his scopes. A prime minister at
4

assigning for major ministerial posts also predetermines the personal composition
of Cabinet. At forming of Cabinet an only condition must be observed: his cocks
are under an obligation to sit in one of chambers of parliament, with that their
activity was under permanent parliamentary control. Thus, a law sets the obligatory
quota of ministers - members of house of commons, predetermining, thus,
participating in the government of members of house of lords. Lord Chancellor
(speaker of House of Lords) always enters in the complement of Cabinet.
Basic directions of activity of Cabinet of ministers without depending on his
political orientation and party composition were certain in a governmental lecture
in 1918 and since did not change fundamentally. To the functions of Cabinet
behaves: ) final determination of political course of the state taken away on a
discussion and claim of parliament; ) control after that the vehicle of executive
power operated in accordance with a political line certain a government; )
permanent co-ordination and differentiation of spheres of activity of ministries and
departments.
Within the framework of Cabinet of ministers, committees are traditionally
created for consideration of different questions of domestic and external policy.
Names of committees, their amount not determined legislatively, their creation, as
a rule, behaves to the competence of prime minister. Committees are usually
created on next work of government assignments: a 1) defensive and foreign
policy; 2) lawmaking; 3) internal safeties and social questions; 4) economic
politics and planning.
An "internal cabinet" is an informal association of ministers, not having
legal status or structural organization within the framework of Cabinet of
ministers, the nearest advisers and friends of prime minister, that are the members
of Cabinet, are included in him.
The "Shadow cabinet" is a cabinet of ministers of opposition, analogical to
ruling, formed by party losing on parliamentary elections. The leader of opposition
party is officially named opposition of Government of Her Majesty Leader and in
5

this quality gets a salary in accordance with a legislation. The task of "shadow"
cabinet is providing of continuous effective political management a country in
combination with permanent control of opposition after activity of government.
Prime minister
A prime minister not only determines composition of government but also
decides the questions of his underlying structure and organization. Quite a bit cases
are known in political history of Great Britain, when one person combined
positions of prime minister and some key ministers. The head of government not
only manages meeting of Cabinet and sets an order-paper but also in many cases
independently accepts major governmental decisions. Divergences in positions on
key questions between a prime minister and other members of government were
almost always settled and settled not in behalf on the last. The head of government
is right to demand retirement of certain minister. Government service works under
the direction of prime minister, and controls her forming
Set constitutional agreements procedure of setting up the government of
Great Britain is envisaged as the first step by substituting for position of prime
minister. Retirement last on some reasons draws retirement of all government. A
prime minister determines the personal composition of government, and
participating of parliament and monarch in this process takes character mainly
formal procedures. The choice of prime minister is conditioned by not only his
personal preferences but also general political factors: foremost placing of forces
in the house of commons and in party that he presents. Circumstance that a prime
minister in the actions leans against ruling party (or coalition), quite not means
weakening of his positions in a state mechanism. Vice versa, leadership in such
party, allows to prevail him in a government and control deputy majority in a lower
chamber. In the total, the head of government has the real opportunity to direct
activity of parliament.
The prime minister a decision word belongs to in the dismissal of House of
Commons, it is officially considered although that a monarch accepts a
corresponding decision. In practice, the head of the state dismisses the lower
6

chamber of parliament on presentation of prime minister. As history testifies, a

monarch can show relative independence in this question only in the conditions of
parity of political forces in a chamber and impossibility of existence of coalition
government. The dismissal of lower chamber, as a rule, is related to intention of
prime minister, to use a favourable political situation for realization of preschedule parliamentary elections with the purpose of again to provide to itself
parliamentary majority. Characteristically, that in a past century not a single
composition of House of Commons lasted complete term of the appointments.
Office, Cabinet of ministers.
Basic departments in a government are an office of prime minister, secretariat of
Cabinet of ministers and Treasury. Each of these departments participates in coordination of activity of ministries.
The office of prime minister carries out consultations to the head of
government on all questions to activity of executive branches of power, strategic
direction of activity of ministries determines, coming from opinion of prime
minister.
The secretariat of Cabinet of ministers is called to provide the decision of priority
tasks of government, by collective consideration of basic questions of state
administration by Cabinet of ministers and his committees, carrying out their cooperating with each other.
A treasury manages the government spending, co-ordinates department aims
and tasks in agreements about state services and agreements about the grant of
services.
To Great Britain, both collective and individual government liability is admitted.
Thus, if the House of Commons will express a mistrust to some certain minister, a
prime minister must decide, whether tender resignation to this member of
government or government overall. Such going near the question of political
government liability before parliament is based on the idea of responsibility of his
cocks. It is considered that all members of Cabinet and those, whoever is included
in his composition, bear responsibility for his politics even in those cases, when
7

anybody from them does not agree with separate governmental decisions and
actions.
Present government.
The new coalition government of Great Britain was formed in May, 2010
from 18 ministers-conservatives and 5 ministers from liberal democrats. A
"coalition government, if we will succeed to work together (and I believe that it
will turn out), bargains to remain five years, - a Prime Minister David Cameron
declared. Are the Long-term decisions - exactly which, what our economy needs.
And now we have unique possibility to accept such decisions, for the good of our
economy and our country. Reduction of the salaries became the first decision of
new ministers on 5%. Further, a coalition government plans as quickly as possible
to shorten a high fiscal deficit record, exceeding 11% from GDP, and to perfect
bank and tax systems.
Legislature.
The UK supreme legislative body - the parliament, represents the legislative
power. Bicameral parliament includes the upper house, called the House of Lords,
and the lower house called the House of Commons. The House of Lords is not
selected, it includes the Lords Spiritual (the higher clergy of the Anglican Church),
the secular lords (peers) and the Lords of Appeal, many of whom have inherited
their power. House of Commons, on the contrary, the democratically elected
House. The House of Lords and House of Commons are going in different rooms
of the palace of Westminster in London. According to custom, all the ministers,
including the prime minister, chosen exclusively from Parliament.
However, as is the national representative body of parliament triune
institution, which includes not only both houses, but the monarch, "the Queen-inParliament", because only the presence of all three elements forms the legal sense
of what is called the British Parliament. This coupling is due to feature the
principle of separation of powers, which is that the government system is the
separation of the UK and in fact, and no formal: the monarch is an integral part of
each of the branches of government. So, one of the political prerogatives of the
8

monarch is right to convene and dissolve Parliament. In addition, no law can

acquire legal force until there is no received Royal Assent, that is, until the
monarch approves it. The Queen led the Parliament; however, its role is largely
ceremonial in nature: in practice, it traditionally operates according to the
recommendations of the Prime Minister and other members of the government.
The term "parliament" is commonly used to refer to both chambers, but sometimes
by the Parliament imply its main part - the House of Commons. Thus, only the
members of the House of Commons referred to as "members of parliament". The
government is responsible only to the House of Commons, and this responsibility
is called "parliamentary". That the House of Commons performs what is called a
"parliamentary control."
The legislative process.
Any member of the upper or the lower chamber may propose the new law, in
its draft form called the bill. Usually bills are introduced in the discussion of the
king's ministers. Bill put forward to the Minister, called "Government Bill, and
introduced into by an ordinary member of the House - "Billy the private members
of the House (Private Member's Bill). Billy also differ in their content. Most of
the bills affecting the whole of society, called "Public Bill. Billy, giving special
rights to an individual or a small group of people called "Private Bill. Private Bill
affecting the wider community, called Hybrid Bill. Member of Parliament there
are three ways to make a private member of the House bill.
The first way - to introduce it to a vote in the list of bills proposed for discussion.
Usually in this list is brought about four bills, then going to vote on this Bill, and
twenty-bills with the highest number of votes, get time for discussion.
Another way - the "rule of ten minutes." Under this rule, members of parliament
get ten minutes to offer his bill. If the House agrees to take him to discuss, it goes
into the first reading, otherwise the bill is eliminated.
The third way - according to the order of 57, warning speaker of the day,
formally introduce a bill in the list for discussion. Such bills are rarely accepted.
After three passes the process of reading the final step was the adoption of the bill 9

is to get Royal Assent. In theory, the sovereign may consent (i.e. to adopt a law) or
not to give it (i.e. to veto the bill). According to modern concepts sovereign always
adopts laws. The bill before becoming law, the consent of all three parts of
Parliament. Thus, all the laws established by the sovereign, with the consent of the
House of Lords and House of Commons. All Acts of Parliament begin with the
words BE IT ENACTED by the Queen's (King's) most Excellent Majesty, by and
with the advice and consent of the Lords Spiritual and Temporal, and Commons, in
this present Parliament assembled, and by the authority of the same , as follows .
The Judiciary.
The highest court in the United Kingdom - the House of Lords. It shall take
into consideration the appeal, mainly on questions of law, for resolution in civil
and criminal cases the appellate courts of England and Wales, and only in civil
cases, - Scotland. On behalf of the House of Lords matters considered by the court
of the house of lords.
The Supreme court of England and Wales, headed by the Lord Chancellor,
includes three independent judicial institution, the court of Appeal, High court and
the Crown Court.
The appellate court is divided into civil and criminal divisions and considers
in panels of three or more judges of appeal from the rulings of other courts.
The high court has three divisions - Queen's Bench, Chancery and family. It
consists of the Lord Chancellor and other senior judicial figures, as well as up to
80 ordinary judges.
The office of Queen's Bench deals with mainly a consideration in the first
instance the most complex civil cases and appeals from the sentences of the
magistrates ' courts in criminal cases.
On the rights of the constituent parts of the Office of Queen's bench operate
independently of the Court of Admiralty, which deals with disputes on Maritime
transport, collisions of ships and compensation for related losses, etc., and
Commercial courts, which have jurisdiction over many disputes of a commercial
nature.
10

Chancery officesees, often as a court of first instance civil cases involving the
administration of estates, trust property, the operation of companies, bankruptcies,
etc.
The rights of one part of the Chancellor's office operates the Patent court.
Family section is occupied mainly by the consideration of appeals against the
decisions of magistrates ' courts for all matters of family relations.
Judges alone must hold the proceedings at first instance in the offices of the
High court; the appeal is usually in panels of two or three judges.
In the Office of Queen's Bench, under certain conditions, it may obey a jury
trial.
The Crown Court, created in 1971 to replace some of the earlier judicial
institutions, considering in the first instance, necessarily a jury trial in English
criminal courts, no jury), the case of indictable, i.e. about more serious crimes, as
well as appeals against the verdicts and decisions of the magistrates courts.
All of these courts belong to the highest category. To lowest in, England and
Wales are the County courts and magistrates ' courts.
The courts of the counties (there are over 350) is the main civilian judiciary,
which in the first instance is considered about 90% of civil cases. The boundaries
of the district in which the court operates, determined by the Lord Chancellor.
In each court usually has one or two permanent judges.
The competence of the courts of the counties is limited compared to the High
court the size of claims, which differ depending on the category of the claim (for
example, up to 5 thousand f.PT. on claims from contracts and torts).
Magistrates courts consider a total order (without a jury) the bulk of criminal
cases (up to 98% per year).
Along with the aforementioned courts in England and Wales, there are
specialized courts of different jurisdiction. Some of them are called tribunals,
which emphasizes, as a rule, they are of secondary importance compared with the
courts. In particular, in 1964, were established by the industrial tribunals consisting
of three members, chaired by a legal professional). They deal with disputes
11

between employers and employees, including complaints of wrongful dismissal,

denial of benefits for pregnancy and childbirth, etc.
A special place among the institutions of special jurisdiction is the court in the
consideration of complaints about the restriction of free enterprise, established in
1956, He considers the agreement on prices and conditions of supply of goods and
services in order to prevent the monopolization of production and trade, and hence
the artificial retention of high prices.
All judges in the UK are replaced by appointment and not by election. In
England and Wales, the Queen on the recommendation of the Lord Chancellor
appoints judges of the higher courts; the Lord Chancellor appoints judges of lower
courts.
The police, who in the person of supervisors (chief constables) has broad
authority to refuse to transfer the case to the court, limiting the imposition of an
official suspect, carry out, the investigation of criminal cases usually,
traditionally; in most criminal cases, either the police or private citizens maintained
the prosecution in the English courts. Only for the most serious offences, the
investigation was conducted by the office of the Director of public prosecutions,
which have assumed and maintain the charges in court on these and several other
cases. (Director of public prosecutions is appointed by the attorney General and
works under his guidance.) In recent years, this area has undergone major changes.
The law on the prosecution of crimes 1985 established for England and
Wales service to the public prosecutors. The main function of public prosecutors the maintenance of prosecution in courts of all levels on cases investigated by the
police and, in some cases, the initiation of and participation in the investigation of
criminal cases.
The judicial system of Scotland differs significantly from English and keeps
to her considerable powers. As the Supreme and final authority in criminal cases
stands located in the Edinburgh High court of justiciary (justiciaries in the middle
ages in the British Isles called the official, carrying out functions of the chief
12

Executive or the judiciary in the absence of the king or on his behalf in Ireland or
Scotland).
It consists of the heads of his Lord-General, the judges of Scotland, the Lord
justice-clerk and lords-members of the High court of justiciary. The judge along
with 15 jury hears first instance cases of the most serious crimes, indictable. As the
appellate instance, three or more members of the High court consider complaints
against the sentences of any of the Scottish courts, including the sentences imposed
by the judge of the same court.
The highest court in civil cases the Court of Session, sitting in Edinburgh. It
includes: the Lord chief justice of Scotland - the head of the court, called by the
Lord President of the Session of the court, Lord justice-clerk (he stands at the head
of one of the branches of the Sessional court) and sessional lords, while members
of the High court of justiciary.
The Court of Session has an outer and inner chamber. The judges of the outer
house to hear cases at first instance either alone or with the participation of 12
jurors. In the inner court of the chamber consisting of the most experienced and
qualified judges, in panels of four members considers appeals against the decisions
of the court of the outer chamber. The Sessional orders of the court, unlike the
rulings of the High court of justiciary may be appealed to the British House of
lords.
An important part of the judicial system of Scotland Sheriff courts relating to
the system of lower courts. Sheriffs - professional judges, they are divided into two
categories: sheriffs main (each headed by one of sheriffs, which are divided from
the whole territory of Scotland) and just sheriffs, sometimes called the sheriffsdeputies.
In the field of criminal justice and a master Sheriff, and the Sheriff shall be
entitled to consider with the participation of 15 jurors offences, indictable, or alone
- the case of the crimes prosecuted in the order of summary jurisdiction.

13

Civil division of the Sheriff Principal considers mainly with appeals against
decisions made by the sheriffs. In turn, sheriffs consider in the first instance the
bulk of civil cases: their competence is not limited to any amount of the claim.
The lower court in criminal cases in Scotland are district courts, which either
alone paid magistrates, or two or more justices of the peace dealt with cases of
minor offences. Paid magistrates and justices of the peace shall have the right to
disassemble some categories of civil disputes, often with a family.
The judges of the Scottish courts are appointed to their positions or the British
monarch on the recommendation of the Secretary of state for Scotland, or, if we are
talking about world judges by the Secretary of state.
The judicial system in Northern Ireland is largely based on its English
counterpart. The Supreme court of Northern Ireland includes the High court (with
the departments of Queen's Bench, Chancery and family), court of Appeal and the
crown Court. They are all endowed with functions similar to the functions of the
relevant English courts.
Civil cases, except the most important, considering the courts of the counties,
minor criminal cases and minor civil disputes - magistrates courts. Organization
and procedure of proceedings in County courts and magistrates ' courts are
somewhat different from those adopted in the English courts.
A special place in the system of British justice is the European Court of justice
in Luxembourg, the compulsory jurisdiction of which is recognized by Great
Britain upon accession to the European Communities.
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/ GLOSSARY
Legislature.

Is a state's internal

decision-making
organization, usually
associated with national
government that has the
power to enact, amend,
Law.

and repeal public policy.

Is a system of rules

enforced by governments
Parliament.

to govern behavior.
A parliament is a

Lawmaking.

legislature.
The act of making or

House of Commons.

enacting laws
Is the upper house of the

Parliament of the United

Kingdom.
27

House of Lords.

Is the upper house of the

Parliament of the United

The legislative process.

Kingdom.
Orderly process of

adoption of laws,

consisting of a series of
sequential, logical
completeness of the
stages of development of
the draft law before its
Speaker.

enactment into law.

Is a title often given to

the presiding officer

(chair) of a deliberative
assembly, especially a
Bill.

legislative body.
Is a proposed law under

consideration by a
Legislation.

legislature.
Is law which has been

promulgated (or
"enacted") by a
legislature or other
governing body or the
The Judiciary.

process of making it.

The judiciary is the .
system of courts that
interprets and applies the
law in the name of the

The Court.

state.
A court is a tribunal, .
often

governmental
28

institution,

with

the

authority to adjudicate
legal disputes between
parties and carry out the
administration of justice
in civil, criminal, and
administrative matters in
accordance with the rule
Judge.

of law.
A judge presides over .
court proceedings, either
alone or as a part of a

Justice.

panel of judges.
In its broadest context, ,
includes

both

the .

attainment of that which

is

just

and

the

philosophical discussion
High Court.

of that which is just.

High Court usually refers .
to the superior court (or
supreme

The Court of Appeal.

court)

of

country or state.
Court of Appeal, is the .
second most senior court
in

the

English

legal

system, with only the

Supreme Court of the
United Kingdom above
Crown Court.

it.
This

new

formation .
29

created by acts of the

trial
Administrative courts.

in

1971.

He

examines criminal cases.

An administrative court
is

type

of

specializing

court .
in

administrative
particularly

law,
disputes

concerning the exercise

of public power.
In ordinary language, the .

Crime.

term crime denotes an

unlawful act punishable
Sanction (law).

by a state.
Sanctions, in law and .
legal

definition,

are

penalties or other means

of enforcement used to
provide

incentives

for

obedience with the law,

or

with

rules

and

regulations.
/ REFERENCES
1. . . . .
., 2007.
2. . . . . ., 2000.
3. . . . ., 1996
4. [. , , . , . . .].
. ., 2001.

30