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Part II- Structure of Government in the United Kingdom
The United Kingdom does not have a written constitution in the traditional sense of nations
whose fundamental principles are codified in a single preeminent document. However, the
structure of government and the types of rights and liberties that are often enshrined in written
constitutions, such as in the case of the United States, have often been based on traditional
freedoms and practices evolved over the centuries in England. Duncan Watts, British Government
and Politics: A Comparative Guide at 25, 31 (Edinburgh University Press, 2d. ed. 2012).
While people often refer to the UK as having an 'unwritten constitution,' this is not exactly
accurate. While it is true that the UK constitution may not exist in a single text, like in the USA or
Germany, large parts of it are written down in the statutory laws passed by Parliament. UK
Parliament Website, http://www.parliament.uk/about/how/sovereignty/ (last visited July 28,
2014). Additional sources of the “British Constitution” include major documents espousing
constitutional principles, such as the Magna Carta; major texts and treatises by eminent experts
that have become so influential that they are seen as part of the “constitution” or social contract;
major acts of Parliament that affect the structural relationships of government entities, such as
defining devolved powers; individual or collective ministerial declarations; common/judge made
law; and to some extent, European and International Law. Watts at 32-33 (summarized from a
more detailed list). Therefore, a more precise observation is that the UK constitution is as 'partly
written and wholly uncodified'. UK Parliament Website.
The UK legislates under a bicameral system. The House of Lords was traditionally based
on heredity, and considered an equal chamber to the House of Commons. However, in 1998, the
Labor Party began phasing in reforms under which the House of Lords powers was modified and
its membership reduced. Watts at 64. Prior to 2009, the House of Lords also acted as the “final
court of appeal,” a role now assumed by the new Supreme Court. Id. at 67. Today, the primary
duties of the House of Lords are to debate, modify, or delay legislation proposed by the House of
Common and to conduct scrutiny. Id. at 66-74.
In the UK, parliamentary system, the House of Commons if the primary law making body.
They are also responsible for raising and spending money and acting as a watchdog over the
ministers administering the government. Id. at 74-76. An interesting feature of UK governance is
that indirectly elected legislators are also make up the “core executive” including the Prime
Minister and Cabinet who have executive responsibilities in addition to being part of the legislative
branch. Id. at 112. While at first consideration this seems odd to US citizens, it actually functions
quite well because the core executive are part of the same party that gained control of the
legislature through elections, they have the ability to implement their agenda without the type of
obstruction or gridlock often seen in the US Congress or Statehouses.
The UK governmental structure can be described as a unitary system under which local
and regional entities exist at the municipal and county levels, but their powers are derived from
and subordinate to the central government. Id. at 191. For example, in Oxford, the Oxfordshire
County Council handles regional planning and delivers strategic programs such as health and
transportation services. Beneath the County, at the City/District level, the City or District Council
is responsible for infrastructure, housing, leisure programs, and garbage collection, and the lowest
level are the Town, Parish, or Village Halls. At this lowest local level, community centers,
recreation fields, and community gardens are managed (Handouts and notes from the Oxfordshire
County Council Presentation about Political Governance and how it works).
In addition to the political leaders, like the Prime Minister at the national level or a Mayor
or Lord Mayor at the City/District level, there are nonpartisan bureaucrats who function at the
various levels of government (Oxfordshire County Council Presentation). At the local level, much
like a Village, Town, City, or County Manager in the US, both the Oxfordshire County Council
and the Oxford County Council had professional chief executives that managed the day to day
affairs. (Handouts and notes from the Oxfordshire County Council Presentation and meeting with
Lord Mayor). One noted difference from the United States, where the mean job tenure is just over
7 years, (See ICMA Data on the Profession), was the relative longevity of the professionals in
local government in the UK.
Lastly, one cannot write a about the structure of UK government without addressing
devolution. Starting in 1997, the Labor party held votes in Scotland and Wales about dividing
certain powers regarding domestic affairs from other powers retained in Westminster. Watts at
192. This ultimately resulted in the creation of the Scottish Parliament, the National Assembly for
Wales and the Northern Ireland Assembly. The tables on the next two pages, copied from the BBC
(http://news.bbc.co.uk/2/hi/uk_news/politics/election_2010/first_time_voter/8589835.stm), gives
an overview of the main powers given to the Northern Irish and Welsh assemblies, and the Scottish
Parliament (Exhibit 1) as well as the "reserved powers" retained by the UK (Exhibit 2) which have
not been devolved. The devolved powers are primarily domestic and the reserved powers include
foreign affairs, defense, international relations and economic policy. On September 18, 2014,
Scotland will vote on whether to become an independent country. The Scottish Government
http://www.referendum.scot/.
Exhibit 1
MAJOR DEVOLVED POWERS
SCOTLAND
WALES
N. IRELAND
Agriculture,
Agriculture,
forestry &
forestry & fishing
fishing
Agriculture
Education
Education
Education
Environment
Environment
Environment
Health
Health & social
welfare
Health
Housing
Housing
Enterprise, trade
& investment
Justice, policing
& courts*
Local
government
Social services
Local government
Fire & rescue
services
Justice &
policing
Fire service
Highways &
transport
Economic
development
Economic
development
Some transport
*Scotland has always had its own legal system
Exhibit 2
MAJOR NON-DEVOLVED POWERS
SCOTLAND
WALES
N. IRELAND
Constitution
Defence &
national security
Defence &
national security
Defence &
national security
Economic policy Foreign policy
Foreign policy
Foreign policy
Nationality
Energy
Energy
Energy**
Immigration &
nationality
Immigration &
nationality
Trade & industry
[see footnote +]
Some transport
Social security
** - specified as "nuclear energy & installations"
+ - Non-devolved powers in Wales are by implication
all those not set out in the 2006 Government of Wales
Act