the part of government which makes laws. In the UK, the Westminster Parliament is the legislative body and is dominated by the elected House of Commons.
Judiciary
the branch of government which decides disputes about the law, punishes individuals who have been convicted of illegal acts by the courts, and decides whether agents of the state have properly applied laws passed by the legislature.
The Westminster model approach to UK politics was accepted by most political scientists until the 1970s. It encouraged students to focus on such questions as the role of the prime minister, the influence of the Parliament, and ministerial responsibility. Outside academia, advocates of the Westminster model claimed that it provided government which combined the virtues of strength and flexibility. In a two-party system (see Chapter 14), the majority party would be able to implement its policy programme because parliamentary discipline would ensure the loyalty of its elected representatives. The parliamentary opposition would point out the government’s real (or perceived) failings, in the hope of replacing it at a subsequent election. On any working day, virtually all of the key actors in UK politics could be found either in the Parliament at Westminster or in the surrounding area of Whitehall.
However, there is an inherent tension between this view of UK politics and the long-accepted notion that Britain is a ‘representative democracy’. In such systems, when politicians take decisions, they are acting on behalf of the people who elected them. Since 1928, the UK electorate has included all adults (with a few exceptions such as convicted criminals serving prison sentences). In a representative democracy, MPs must submit themselves for re-election at periodic intervals. As the Fixed-term Parliaments Act 2011 demonstrated (see Chapter 17), Parliament has the power to change the arrangements governing elections without asking for its proposals to be endorsed in a referendum. However, despite the superficial radicalism of the Fixed-term Parliaments Act, in one respect it confirmed the existing arrangement under which a new election cannot be delayed to more than five years after the previous one. The Parliament would be most unlikely to increase the maximum interlude between elections, except at a time of grave national emergency (thus, for example, there was no general election between 1935 and 1945).
It is characteristic of constitutional change in the UK that fixed-term parliaments, while strongly recommended by some reformers, were far less widely canvassed than other proposed changes which have not been implemented. For example, more attention was focused on the argument for a change from the long-established ‘simple plurality’ (often known as ‘first-past-the-post’) voting system to a proportional one which would bring electoral outcomes closer to public preferences (see Chapter 17). However, when a referendum was held on electoral reform in May 2011, the proposed new system (the alternative vote [AV]) was comprehensively rejected, despite the fact that, as a non-proportional system, the AV system was regarded by reformers as a first step rather than the truly radical change which was required. This outcome made it difficult to envisage a further public vote on the subject for many years.
Case study 1.1
The Westminster model abroad
Westminster is often described as the ‘mother of parliaments’. This is actually a misquotation from the radical politician John Bright (1811–89), who spoke of England as ‘the mother of parliaments’. But the confusion is understandable. Although Iceland and the Isle of Man vie for the honour of having the oldest parliamentary system, Westminster has a long history, and the system of parliamentary democracy in a constitutional monarchy has been exported to many countries in the Commonwealth. These include Australia, Canada, Jamaica, and New Zealand. Here, the head of state is the British monarch, while the head of government is usually the leader of the largest party in the Parliament. The executive branch is made up of members of the legislature and operates a cabinet system in which the prime minister is the key actor. Bicameral legislatures are the norm (except in New Zealand), and parliamentary ceremony often replicates that found in England. Two-party systems and simple plurality electoral systems are found in many Commonwealth states. Another similarity is that civil law is based on English common law (see Chapter 9).
But there are significant differences in the way a Westminster-style system operates in Commonwealth states that adopted the British model of government. Almost all have written constitutions and a codified Bill of Rights (New Zealand does not have a single codified constitutional document), but conventions remain important. Australia and Canada are federal states. The suitability of the Westminster model has also been a subject of political controversy in some Commonwealth states. New Zealand moved to a mixed electoral system in 1996, while the British monarch’s position as head of state is a thorny issue in Australia.
The Westminster model was not adopted in continental Europe where codified constitutions, elected second chambers, strong regional government, proportional representation, and multi-party systems are common.
Other proposed changes to British democratic institutions and practices would either widen the franchise further (by reducing the voting age to 16) or make participation easier (e.g. b...