The Study about the British Parliamentary Regime

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1、The Study about the British Parliamentary RegimeAbstract: The British Parliament which is called “mother of the parliamentary” has long history. As the form of the British regime there is no legislation and apartments power could surpass it. The Parliamentary system regime of the British consists of

2、 the king, House of Lords, House of Commons .it is based upon three principles: people own sovereignty, rule by law, separation of powers principle of checks and balances. During more than 700 years, although its centre of the power had been changed and replaced several times. Under the three princi

3、ples, he power of the Parliamentary was transited so effectively and gradually that this regime could work steadily. The King , upper House and the lower House constitute a political community in the system holding down and affecting each other .out of it ,parties and cabinet together with the parli

4、aments power, forms a united system pattern , because of these factors, the British Parliamentary has integrity and steady characteristics. Keywords :parliament historical development theoretical basis system model一: British parliamentary system of origin and historical development(一) British parlia

5、mentary system of originThe British parliament originates from the ancient witan, later develops for big meeting; 1265 called Simon parliament is the bud of the British parliament in 1295, the council held a model is regarded as a symbol of the British parliament,which is produced. Parliament repres

6、ents the traditional British democracy, be strong bulwark against despotism, perseverance to restrict the royal inflation, until the kingship in parliament under the stem. The British parliament for the generation of human social democracy made a contribution.(二)British parliamentary system of histo

7、rical development1. the separation of the senateThe house of lords ,its members are not elected by the royal seed, hereditary noble, legal nobles, home right nobles, lifelong nobles, Scottish nobles, Irish noblemen composition. Because the queen can increase a temporary knighted, and senator death w

8、ithout supplemented, so the number of senators condemn. Civilian court said the lower house or the house of representatives. It is a core democratic representative organs, the Congressman is elected.The current British MPS through universal suffrage, equality, direct, secret way elections. This is t

9、he working people through more than 100 years of struggle results. 2. the transfer of powerThe upper house is the highest judicial organ, the speaker of the chief justice. And the house of Commons, compared to the power of the house of lords relatively limited, retains history left over from the jud

10、icial power, have the right to review the house of Commons approved the bill, and through the necessary amendment, still can ask delayed it dont approve of legislation for up to a year.The main functions and powers in the house of Commons is legislation, supervision financial and government.Britains

11、 national is divided into more voters number basically the same constituencies (constituency by the division of an independent commission decided to), each district elected a Commons. Most constituency is a political party members of the members, but no party of the background of the people can also

12、 participate in the election.Usually, there is always a British MPS have absolute most of the political party, the party leader was the king appointed prime minister. The house of Commons has become the second largest partys leader, the leader of the opposition.二:The theoretical basis (一)the peoples

13、 sovereignty1. the foundation of the development of British parliamentaryThe peoples sovereignty is modern democratic country on the basic principle of constitution structure. The peoples sovereignty is no restrictive and there are restrictive unification, integral sex and divided the unity of sex,

14、not with the unity of t can be representative. The peoples sovereignty is the constitution of the development of the cause and logical starting point and the basic value orientation. The realization of the peoples sovereignty have representative and autonomous system has two basic forms, both in the

15、 constitutionalism can be complementary to each other.2. The peoples sovereignty is a parliamentary system of the British governments guiding ideologyThe peoples sovereignty as a representative democracy is based on the established, becomes the modern political rule the premise and foundation of leg

16、itimacy.The peoples sovereignty theory a brief review of the formation and development of the word sovereignty comes from Latin super and superanus, original intention is high and the highest. In modern times, is changing for sovere ignty, and has the highest power mean.3. By the constraints of the

17、peoples congressMembers of parliament by the peoples democratic election, the response of the wishes of the people, and the people did.(二)law principle1. the law within the scope of the rulingIn Britain administrative law field, there is the meaning of the constitution principle of the highest autho

18、rity of congress, rule of law, and on the basis of the formation principle, the rationality of the excessive invalid principle, program the principles of justice. Each principles, and is mutually independent connection, mutual complement, constitute the whole British the basic principle of administr

19、ative law.2. flexible constitutionThe constitution is divided into the constitution and flexible constitution is rigid British scholar James. BuLaiSi (James Bryce) put forward in 1901. This is the standard distinction between constitution and created to investigate the form of creating the common la

20、w and procedure of the difference, emphasizes creating the particularity of the importance and the constitution activities.3. The British parliament legislative power is the supreme state powerBritish enlightenment thinker Locke said: the legislative power is to have the right guidance on how to use

21、 the power of the state security the society and its members of power. He also said: the legislative power is the highest power. Because it has the right to all the parts for the society and each member make laws, make their act the criteria, and who can to another law must be set in above him. At t

22、he same time, the legislative power is also other things all power of origin, the society to any member of the society or any part of all the other power, they all get from it and it belongs to.(三)the separation of powers principleDecentralization theories are British rock first advocated and by the

23、 French montesquieu finished,which based on the theory of social contract theory with the combination of the modern theory of natural law school. This principle contains two characteristics: one is the national power is divided into legislative and administrative power and judicial power, and by thr

24、ee state organ respectively exercise; Second, in the legislative, executive, and judicial departments establish a balance between each other and restrict relationship.The starting point is to ensure that the peoples montesquieu free, he is in the spirit of law, proposed in the freedom to get securit

25、y, be sure to stop the abuse of power, therefore, it must take the power restriction power, make the country separation of powers, and check each other. He put the national power is divided into legislative and administrative power and judicial power, the three kinds of power by the government and p

26、arliament, respectively court to exercise. If elections dont separate, for people to, the country will be tyranny of oppression. A government, if their legislation, execution, and judged themselves, that everything is finished. (government and state are two concepts)三:System model(一) the house of lo

27、rds and the house of Commons power.1. The power of the house of Commons expandsThe house of Commons and the house of common is said or, its members from directly elected, term of five yearsUsually, there is always a British MPS have absolute most of the political party, the party leader was the king

28、 appointed prime minister. The house of Commons has become the second largest partys leader, the leader of the opposition.2. . Authority limited the upper houseThe upper house is the highest judicial organ, the speaker of the chief justice. And the house of Commons, compared to the power of the hous

29、e of lords relatively limited, retains history left over from the judicial power, have the right to review the house of Commons approved the bill, and through the necessary amendment, still can ask delayed it dont approve of legislation for up to a year.3. The upper house power restricts the commons

30、 of powerThe upper house keep a historic left over from the judicial power, have the right to review the house of Commons approved the bill, and through the necessary amendment, still can ask delayed it dont approve of legislation for up to a year. but are now the dominant in congress. The house of

31、Commons legislation power more than the upper house; According to Parliament Act 1911, the upper house of the power of the bill rejected cut as can only delay the bill through.(二)the relationbetween king of the house and senate power The king and senate together form the British parliament. The king

32、 had symbolic power. The power of the king to senate cant form effective balance.(三)the relation between the house of commons and cabinet power1. The cabinet power stems from the parliaments lower house.Leaders of the cabinet is prime minister. Traditionally, the prime minister is the majority party

33、 (or party alliance) in the house of Commons leader. Need a new cabinet, the formation of the prime minister will demand. The cabinet must have congress most members of the support. Cabinet members need to submit the nomination form for approval.2. Cabinet controls the proposing of the common house

34、bill Cabinet members of the house of Commons majority or parties responsible for the league. If the house of Commons majority for a certain important members of the cabinet mistrust issues, the result is either cabinet resigned as, or is a dissolve parliament and will be the issue of parliament to s

35、ubmit new elections(四)the relation between parliament and party power1. Two parties take turns to control government powerIn the British parliament two major parties both competitors and governing partner. They oppose already, and consistent, interdependence, supplement each other. The essence of th

36、e two-party system is to use the two political parties take turns the ruling way to maintain the rule of the rulers and the states political stability. The two-party system can produce stable and effective government, and flexibility and mobility, and this helps to adjust social classes, the contrad

37、iction between each group, maintain the stability of the society development.2. The British parliamentary system is the stage for fighting party powerThe British parliament frank recognition of the party in the existence of inside parliament, and all of the parliamentary seats in on how much to disp

38、atch the constitutional function. For the majority of common is to form a political party, and exercise administrative power, and also get organization of common of legislation and the other privileges. Get the majority of common time is to become the leading party magnificent opposition, get with m

39、ajority consultation of common is the privilege of the agenda arrangement, and shall have the right to represent the opposition parties argue the move, the government should declare and so on, also has the power of common part time alone arrangement of BianTi, and some key leadership of common is th

40、e AD hoc committee. Leading the opposition other seats less than the opposition parties also enjoy some rights.3. People join a political party to achieve the supervision of the parliamentary power The British people through the join a political party, to protect their own power, make proposals to t

41、he parliament carefully discusses, supervision and the power of the parliamentConclusion: Parliament is the center of the British political stage, Britains top legislature. Generally, modern parliament has representative, interest integration, control and supervision of government, basic functions, and every basic function of parliament is inseparated from the partys activities. It not only opens the worlds first modern parliamentary system, but also its basic system for most countries in the world follows suit.

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