Angolszász politikai kultúra, 4. HÉT, 2022.10.04.

British Constitutional Treaties Writers:

Sir Erdward Coke (1628)
Sir William Blackstone (1752)

(Montesquieu)

Sir William Blackstone, Commentaries on the Laws of England in Four Books (1752) “If the
supreme power were lodged in any of the 3 branches separately, we must be exposed to the
inconveniences of either absolute monarchy, aristocracy, or democracy.” (What is bad in
democracy is the image of the ordinary people at that time.) Sir Edward Coke (1628)
Treatise writers

1.Electoral/elective
2. Expressive
3. Teaching
4. Informing
5. Legislative

Bagehot of House of Commons

Sir William Blackstone, Commentaries on the Laws of England…

Bagehot’s Paradox, 1867, 1872

Efficient parts and dignified parts
Spectrum of British State Institutions
The main function of the House of Commons is an electoral chamber, choosing a “president”. The
prime minister has become so powerful in the British system that he is as powerful as the American
president. Parliamentary conservative party/the house of commons elected the prime minister.
electoral chamber.
Expressive function: presentations of house of commons
Teaching function: the biggest minds, philosophers, scientist, public intellectuals were a part to
educate the country, educating the people. For example, about sicknesses, about the war, morality
behind things, what people should read and what to do with religion.
Informing: someone stood up and starting speaking. Made an announcement.
Legislative: making laws.

If the politician cannot be heard, the speaker is responsible for making order and silence in the room.

Shouting in the house of commons: Bagehot called it undignified: arguing, swordfights, fighting for
the fate of the country. Good theatre.
It is extremely efficient.
BILL: The Bills were posted a few copies on the walls of house of commons. BILL is an old word for
poster.
BILL: The draft of legislation, what should be the law. Mainly drown up by the government, legislative
proposal, but anyone could draw up a BILL. But usually, they won’t become a law.
First reading of the BILL: first reading out full followed out by a vote. Vote could be awkward.
2nd stage: voice test. Those who think the law should be carried out… IIIIIII. Who thinks it shouldn’t:
noooooo. Equal volume: division. It has to be absolutely clear.
Division: YES voters leave the chamber and go to the YES lobby, the division lobby. They press
through, count the people. Then in the end they read out the results.
First reading is just a title nowadays. It is never defeated. It is almost automatic, but it is very
theatrical.

Second reading: BBC, Channel4, +1 more. The most serious TV broadcasting channels only. Debate
about letting or not letting the commercial 300-400 channels into the parliament. Then real voting
after it. If the BILL is accepted… it is rarely accepted without being unchanged. Usually, it is changed
in some ways.

After the second reading: the BILL goes up to the Committee … to the experts. Then it is sent back to
the common of laws for third reading review.

Review and amendments, third reading, a new text, it is usually not argued. They already worked
very hard with them. But they might see to be very careful. E.g. Brexit.

The BILL does not become law. The House of Laws comes into the picture, the same process: 1 st, 2nd
reading, review and amendments, 3rd reading. If it is voted down, it goes back to the commons, the
lords rejected it.

Commons have a choice: purpose of the government is to make things good for people. If it is a
serious matter, then they will take the lords’ advice and review the BILL. Then it will be sent to Lords
 monarch.
1992. number of people lived hidden under false names, mass murderers from the second world
war. A law was drafted, a BILL to prosecute them: bring them to court, to justice. BUT: ancient
tradition of commons  universal jurisdiction should be created. 3 successful readings, but house of
lords rejected it: they are very old… they had personal relationships with the war criminals.
IT’S SHAMEFUL! Invoking the parliament act.
1911. Parliament act. Cannot veto a BILL, can only delay.
Prosecuted due to mass murder.

Sexual education topic also went through thanks to the Parliament act.

Once something becomes a law, it becomes an ACT.

English law-making, the “act” phrase was very popular in Hungary. Wanted to change törvény
végezmény.

Traditionally, the monarch would sign ceremonially the laws, the acts. It was discontinued because
there are many, small laws, ten minute rule… It is impossible for the monarch to at the end of the
process to say that they don’t like it: no more law signing by the monarch.

La Reyne le veult : the queen wants this/ the king wills it. (a stamp, a royal assent is received.)
A Le Roy le veult vagy La Reyne le veult egy normann francia kifejezés, amelyet az Egyesült Királyság
parlamentjében használnak annak jelzésére, hogy egy nyilvános törvényjavaslat megkapta az
Egyesült Királyság uralkodójának királyi hozzájárulását.

Lifting the tax burden from the richest people, their taxes were abolished. Tension, raised voices,
emotion. She was forced to withdraw the proposal.

The power is made where the budget is. The opening of parliament, it is just a circus. It seems like
the centre of power, but it is not. People just like it. The monarch has to read out an A4 sheet people
written by the prime minister: no rising intonation, to emphasis, reading it out as boringly as possible
not to indicate any personal preference.
No political function whatsoever, no political content.

CIVIL SERVICE

Schematic Model for the British Civil Service

Secretary of State has a limited scope has a limited power, PUSoS can stop them.
His Majesty's principal secretaries of state, better known as secretaries of state, are senior ministers
of the Crown in the Government of the United Kingdom.[1] Secretaries of state head most
major government departments[2] and make up the majority of the Cabinet of the United Kingdom.
[3] There are currently 16 secretaries of state.[3] They are all also currently members of
Parliament elected to the House of Commons, though it is possible for them to be Members of the
House of Lords.[3]
Permanent Under-Secretary of State: not a political person, probably not the member of any political
parties. Sir Alexander Cadogan, no one knew his face. They are actually heading the department,
they are the most important members of the department. PUSoS can be there for 30 years, they
remain in charge.

Minister of State: low-ranking people.