Civilisation Anglaise Semestre 2 L2 droit classique

Civilisation anglaise

I/ Geopolitical Glossary

Country is a multi-national state.

UK has evolved over the centuries as a result of power relation between its difficult component parts like Wales, Northern Ireland, Scotland and England.

In fact, in the British Isles (geographically speaking), there are 4 nations but 2 political entities which are called The United Kingdom and the Republic of Ireland (2 independent states).

We will focus on United Kingdom.

The United Kingdom is composed of England, Scotland, Wales and Northern Ireland.

England, Scotland and Wales composed Great Britain.

The capital of England is London, the one of Wales is Cardiff, the one of Northern Ireland is Belfast and the one of Scotland is Edinburgh.

England = 129 634 square m; Scotland = 77 179 ; Wales = 20 637 ; Northern Ireland = 13 484. England = 50 millions of inhabitants. Scotland = 5 millions of inhabitants. Wales = 3 millions. Northern Ireland = 1, 6 millions of inhabitants.

English language is the dominant language. The political unification of these 4 nations took several hundred years. Yet, the dominant culture of Britain is the English culture.

The symbol of Scotland is the thistle, the ones of Wales are daffodil and leek, the one of Northern Ireland is the shamrock and the one of England is the rose.

The Union Jack is the name of the national flag. He is conceived as a symbol of unity within country. There are the 3 crosses (Wales has no cross on the national flag because it was integrated of the country after the creation of the flag) : the one of Saint Patrick for Northern Ireland, the one of Saint Andrew for Scotland and Saint James for England.

Henri VIII used Parliament for the break with the pope : this religious and political break reinforced the power of Parliament. Britain is not a secular monarchy.

Chronology of the Union :

The oldest part in the Union is Wales which was created in 1536. Scotland was created by the Act of Union of 1707 and Ireland by the Act of Union with Ireland of 1800. This parliamentary unity of the United Kingdom remained until 1999 with the devolutionary processes. That’s why people today continued talking about United Kingdom.

II/ Historical Introduction

The aim of this historical introduction is to give a brief insight.

1. The march towards democracy : from absolute monarchy to parliamentary monarchy

The old system is the outcome of a long process of evolution. Even the Parliament House which was burnt was rebuilt like the previous.

William of Normandy was crowned king of England in 1066: he operated on the principal never claimed by Anglo Saxons kings before that all the land belonged to him. He needed vassals to be sure that his authority is applied over all the country. He introduced a new social order. The three pillars were feudal tenure, “central” administration and “local” government.

Today, we have a monarch, the House of Lords, the House of Commons, the Prime minister and the government. In the past, there had only a monarch. The old system was never really challenged. The king still be here today.

The king had a group of barons that he used as advisers. He needed people to be sure that his power is applied on the country. This idea of authority over the land needed a structure : this is the beginning of feudalism. There was always a very difficult relation between the king and his barons. These barons surrounded the king.

From the great council of barons surrounding the king, the monarch selected a small group and gave them specialized roles.

The first one (in importance) is the position of chief minister which give them power to act as the king. This role is going to evolve during the centuries to leaved to present position of Prime Minister.

The second role (in importance) was that of the Chancellor who was responsible for the legal duties. His name today is Lord Chancellor.

The third position is that of the Exchequer who is responsible for royal accounting (comptabilité royale). This is going to lead to the present position of Chancellor of the Exchequer.

The king used didn’t summon (convoquer) this group of advisers on regular basis.

The group of advisers was called the King’s Great Council. Among this group, a small group was constituted.

They were consulted regularly and it was called the Private Council. This council is going to evolve over time to lead to the Cabinet.

The King’s Great Council is going to evolve to lead to the British Parliament with the two houses.

Sometimes, in between, happened which lead to the election of the House of Commons.

The fact that there is no written constitution is one impact of the slow process. Simon de Monfort is the father of the representative Parliament. The idea is the links of power and money. He is the protagonist of the birth of the two chambers of the Parliament.

The relationship between vassals and barons wasn’t always easy but as long as they remained within the feudal contract, the status quo remained. The feudal contract was protection and exchange of land. When the monarchs pushed to far and threatened the baronial rights, the barons reaction was to rebel.

King John (1199-1216) was becoming more and more unpopular with nobles, merchants and the church. In 1204, the French Kings invaded Normandy which was the possession of England. The loss (perte) of Normandy meant for many English barons that the King had failed in his first duty.

At the same time, King John got involved in a direct dispute with the pope Innocent III over the appointment of the archbishop of Canterbury. Innocent III excommunicated King John and persuaded the Kings of France and Scotland to make war on him. John’s army was crushed on the battle of Bouvines. The pope’s nominee made an alliance with the barons and was the brain of the baronial revolt. John was alone and he submitted and accepted the program of the barons which was called the Great Charter or Magna Carta. In this Great Charter, the King promised all “free man” the protection of his offices and the right to a fair and legal trial.

Hundreds of years later, Magna Carta was still used by Parliament to protect himself from a powerful King. In this regard, Magna Carta constituted the first constitutional document in England. Magna Carta also decided the setting up of a permanent committee of 24 barons to see if the King’s promises were keep. This committee contributed to create a new kind of combination among the barons themselves. They started to act as a class with commons interests rather than individuals. They also started to make alliances with over classes preparing them to enter the political field.

The second baronial revolt led to the provision of Oxford (1258) because of Simon de Montfort and it’s going to lead to the Model Parliament.

It took place in the 13th century. For the first time, commoners (= ordinaries) are going to be summoned on the Parliament. This will be the embryo of Parliament. It was the origins of the Second House of the Parliament. Simon de Montfort was one of the King’s favourites. At the time, Henri III was running into difficulties because of nobility. In fact, they were angry at the cost of some of Henri’s schemes (plans) like West Minster Abbey. They believed that Henri III was better managing royal finances. Simon de Montfort is going to lead the baronial revolt and tried to impose a permanent baronial council over some financial aspects. The King refused this offer and there was a war between Simon de Montfort and Henri III. Finally, in 1258, the King was forced to sign the provision of Oxford which reduced the absolutism of monarchy and gave power to a Council of 15 barons. In order to force the King to sign the provision of Oxford and in order to boost his baronial support, Simon de Montfort summoned Knights and Burgesses from each region to Parliament. This is the turning point in Parliament.

When Edward I summoned Parliament in 1295, he did it as Simon de Montfort has done it previously. This Parliament was called the Model Parliament, in 1295. It is generally regarded as the first representative assembly because Edward I summoned two Knights from each county, two Burgesses from each borough and two “citizens” from each city.

Revoir : Cromwell, rupture avec Henri et Glorious Revolution

2. Extension of the franchise

1832 is the year when the first Reform Act was voted. This reform act aimed at extending the franchise.

In 1929, universal suffrage for men and women was instituted. Seats in Parliament were seen as private seats. The members of Parliament thought that seats belonged to them. The believing that changes is a long process and that’s why they didn’t want to change nothing. The three reasons which explain the stability are:

- Pride in the system

- Sanctity of private property

- Belief that change is an ongoing process

Pressure for reform : In 1832, the adjuration for reform began at the end.

During the 19^th century, the right to vote is closely connected to property ownership. With the gradual extension of the franchise, this did not change.

1832 : The Representation of the People Act

1867 : The Representation of the People Act

1884 : The Representation of the People Act

1918 : The Representation of the People Act

It’s a progressive People Act. They didn’t introduce secret bullet.

In 1803, it’s the first time reporters were allowed to enter in the House.

1832 is simply symbolical because the impact is very small (1% of the male population).

In 1884, 27% of the male population had the right to vote.

The 1867 Act introduced the right to vote and redistributed seats on order to have better a proportional representation of the constituencies (circonscriptions électorales). They voted for the national elections. There are the Rotten boroughs where nobody lived in.

The 1884 Act didn’t affect the property qualifications for the franchise (droit de vote). Voting was linked with the property qualifications.

From 1832 to 1884, property qualifications was still important for the franchise and progressively, the right to vote was extended to male population which had a sum of money determined.

In 1918, women above 30 obtained the right to vote and all men above 21 obtained the right to vote. The property qualifications were abandoned.

In 1893, New Zealand gave the right to vote to women.

In 1902, Australia did the same thing.

In 1901, the social census (recensement) showed that there were more women than men. The joint action of the suffragists and the suffragettes lead to the 1918 Act.

The name of the suffragists is the national union of women’s suffrage society (NUWSS). It was officially created in 1897. The aim is to promote “the claim of women parliamentary vote on the same terms as it is or maybe granted to men”. The suffragists were law-abiding and believed in peaceful and moderate struggle.

The name of suffragettes is the women’s social and political union (WSPU). It was officially created in 1903. The aim is to gain the right to vote and a achieve Total Equality between men and women. They believed in action and breaking the law. (In 1906, the liberal party obtained a majority of seats in the House of Commons).

One of the consequences of the First World War was the voting of the 1918 Act. The fight for the right to vote marks in fact the two sites : law-abiding and Activists. In 1913, there was the discharge for ill-health Act.

III/ General Elections to Westminster Parliament

General election is also called polling day (jour de vote). This electoral system of political representation existed before the development of Modern Political Parties and before democracy was achieved.

General elections take place theoretically every 5 years. This means that the maximum duration of an elected Parliament is 5 years. The Prime Minister can dissolve Parliament and call for a general election wherever he or she thinks it’s appropriate.

There is a by-election, if an MP dies, for example.

British citizens can vote at this elections if they are on the registers but also citizens of the Republic of Ireland and immigrants from the Common Wealth vote for general elections but also for local elections. This is true since 1948.

Those who can vote for general elections are the Lords sitting in the House of Lords but they can vote for local elections and it’s the same thing for European citizens. Those who cannot vote are convicted people which are insane people but also members of the clergy of the Church of England.

In Britain, it’s very easy to be a candidate in your constituency. All you need is ten signatures and a deposit of five hundreds pounds. This explains why there are 110 political parties in Britain for the last general elections. It’s very easy to be candidate because it’s very difficult to be elected because of the electoral system itself. It’s a simple majority vote with no proportional representation and there’s only one round. The “first-past-the-post system” is the expression used to qualify the elections.

Normally, this electoral system provides a clear majority in the House of Commons and helps the winning party to adopt strong policies easily voted in Parliament.

Each constituency elects one candidate to go to the House of Commons: there are 650 seats in the House of Commons.

In May 2010, the results of the general elections were:

	Number of seats	% share of vote
Conservative	301	36,48%
Labour	258	28,99%
Liberal democrats	57	23,03%

There were only 28 to share for the others parties. They were shared between 8 parties

This system is supposed to highlight a clear majority except in 2010 which there was a hung Parliament. The Prime Minister is David Cameron and a new position was created which is called Deputy Prime Minister who is Nick Clegg. They organized a coalition government.

A hung Parliament means that the party which obtained the majority did not obtain the majority of seats in the House to have a Prime Minister. Ed Miliband is the leader of the Labour Party.

The criticisms are the fact that the system creates a clear disproportion between the number of seats and the number of popular vote. The results of the general elections of 1997 express this idea:

	Conservatives	Labor	Liberal democrats	Others
Shares of vote	31%	44,5%	17%	7,5%
Number of seats	165	419	46	29

The second drawback is that the system makes it is impossible for the small parties to emerge as a real political party.

Yet, the system has positive impacts:

- first, it provides a clear and substantial parliamentary majority;

- secondly, it guaranties the stability of Government;

- thirdly, it strengthens the link between the constituency and its MP.

Today, after the general elections of 2010, there are 122 women in the House of Commons constituting 21,9% of the House. It’s the highest number and proportion since the beginning. The labor party has the highest proportion of women MPs (31%), the conservatives have 16% and the liberal democrats have 12%. 26 MPs come from ethnic minority groups which represents 4% of the House of Commons with 15 from the labor party and 11 for the conservatives. The average age in the House of Commons is 50 years.

The UK Parliament has MPs from areas across England, Scotland, Wales and Northern Ireland. The parliamentary unity of the UK remained until 1999. The devolutionary process launched (lancer) by the labor party is going to put an end to this parliamentary unity.

IV/ Parliaments

1. Devolution

Devolution is sometimes called Home Rule. Devolution means moving certain powers from the central government to the elected bodies of certain regions. The aim of devolution is to make each region responsible for its own affairs.

In 1997, the labour party obtains a majority until 28 in the hands of the opposition. Tony Blair had made a campaign on devolution, the reform of the House of Lords. He had promised to organize a series of referenda in order to have an idea of what people wanted. He promised that Scotland and Wales will have their own assemblies if labour came to power. Two referenda were organized: one in Wales on 18 September 1997 and an other one in Scotland on 11 September 1997. Both regions answered “yes” to the devolution.

1. Scottish Parliament

The union between Scotland and England took place in 1707 with the Act of Union between the two crowns. The meant that the individual Parliament of both disappeared and there was a new Parliament.

Yet, after this union, Scotland retained (=garder) its distinctive national identity which was reflected mainly in three main differences with England :

- The religion: the Church of Scotland exist and it’s a religious institution distinct from the Church of England and whose principles are grounded (enraciner) in the Presbyterian doctrine of Calvin.

- The legal system: it is not based on common law but on Roman law as in France.

- The educational system

When, in 1997, the referendum was organized, there were two questions which are “Are you in favour of the Scottish Parliament?” and “Do you want to give a tax raising power?”. 74% were in favour of the Scottish Parliament and 63% agreed on giving it tax raising power.

The political parties in Scotland are conservatives, labour party and the Scottish nationalist party. There is a Scottish Parliament which is composed of 129 MPs. The elections are separated of the general elections. There is a chief minister and a Government. The Parliament of Scotland has tax raising powers and an autonomy over a spending Scottish office budget. The Parliament has the right to pass primary legislation and has wide jurisdiction over home affairs (politique intérieure) but none over defence and foreign affairs.

2. National Assembly of Wales

Wales was integrated in 1536. It is the oldest territory of the Union. It’s the oldest non English territory. The devolution, in 1997 was adopted in Wales with a very small majority (0,6%). The new assembly is called the Welsh National Assembly. This new Welsh Assembly has less power than the Scottish Parliament. The Assembly comprises 60 members and it has no tax raising powers.

It has no right to pass primary legislation. Yet, it has secondary legislative powers over economic development planning, transport, health and education.

2. Westminster Parliament

= The main legislative organ with : the House of Commons, the House of Lords and the monarch.

For a bill to become an act, it must be voted by the 2 Houses and then, there is the royal assent.

The House of Commons is an elected house = the Low Chamber.

The House of Lords is an non elected house = the Upper Chamber.

The monarch can still refuse to give his assent to a bill.

3. The House of Commons

With the progression of the franchise, the House of Commons obtained more power than the House of Lords because it represents people.

House of Commons = 650 MPs so there are 650 constituencies in the country. All members are elected, they represent one constituency. The maximum duration of a parliamentary session is 5 years. It is often dissolved before term.

Function : to pass bills. A bill can start in the HC or in the HL and must be approved in the same form by both houses before becoming an act.

HC → 1^st reading (presentation with no discussion) → 2^nd reading (discussions) → committee stage → report stage → same thing in the HL.

Then, there is the consideration before the royal assent.

The monarch can't enter on the HC.

The speaker is elected after a general election and he occupies a very important position in the House.

The senior MPs is on the front-benches (= the front bencher).

Those who are sitting in the back benches are the junior MPs without any responsibilities.

The chief Whip keeps a “close eye on them”.

Members of the opposition constitute a shadow cabinet with a shadow prime minister (who is the leader of the opposition).

4. The House of Lords

There were 3 fundamental reforms.

• 1911 → Parliament Act : HL lost the veto right, their right to vote financial act, they only can delay a bill for 2 years ... : it reduces powers of the HL.

At the beginning, the members of the HL refused it because it reduces their rights. But the government thought that it was abnormal for a democracy to have an unelected house with the same powers as the HC. The King intervened directly in the political life and threatened to appoint a large number of new liberal lords who would accept to vote this bill. The lords preferred to vote the bill instead of being swamped by a majority of liberal lords.

• 1999 → The abolition of the hereditary peers. Tony Blair asked to hereditary to elect a little hundred representatives of their class. But they are not replaced. Their number were reduced from 750 to 92. It was seen as a very important reform.
• 2009 → 700 Lords = 26 spiritual Lords (archbishops and bishops) + 92 hereditary Lords (before they were 750, they will disappear) + life Peers + law Lords (but they were cancelled by this law of 2009, now they seat on the Supreme Court).

Since 2009, there is the Supreme Court and the HL lost its judicial functions that it has exercise over 6 centuries.

There are 12 law lords (lords of appeal in ordinary) in the Supreme Court. They are disqualified from sitting or voting in the HL.

When they will retire, they will have the right to sit in the HL.

V/ The government

The executive branch is centred on Whitehall where the PM residence is on 10 Downing Street.

There is no constitution law for the function of PM and no legal constrain for this function.

His functon is not structured. How is he chosen? He is the leader of the majority.

This means that you are back by all the legislative.

There is an easy bridge between legislative and executive.

The PM has the power to appoint and dismiss ministries.

The PM has the power of dissolving Parliament and calling for general elections.

The PM controls the Cabinet agenda and also Cabinet proceedings.

The PM can recommend a number of appointment to the Queen. For example, High Ranking Officials in the Church of England, appointment of the senior judges.

There is a system of checks and balances where the legislative questions directly the executive. This is called “the PM question-time” and it happens every week where the PM answers questions for half an hour no Wednesday. This is broadcasted live on TV.

The PM has created power within the British system of government and it is suggested that the office of PM has become like an all powerful executive presidency which by-passes Parliament and government.

Can we say that the role of the PM is a dictatorship? Define dictatorship and say why yes or no.

To prepare the exam

prendre le cours, lire un livre donné dans la bibliographie + allez voir les liens intéressants.

Le cours , comment d'une monarchie est on arrivé à une monarchie parlementaire?

Quels conflits ont amené cette situation? Magna Carta, Simon de Montfort.

Comment cela se fait il qu'il n'y ait pas eu de “vraies” révolutions

Pourquoi en 1832,la haute classe sociale a voulu changer?

L'impact de la révolution française en angleterre.

Le combat des femmes pour le droit de vote et leur organisation.

L'institution : les spécificités, comment expliquer la présence d'une chambre non élue au Parlement aujourd'hui (La chambre des Lords)

The devolutionnary process.

Exam : oral, 10 min avec 10 min de prépa, questions de réflexion.

3 critères :

• 10 pts sur la qualité de l'anglais (2)
• 10 pts sur le cours (8)
• 10 pts sur la structure de la réponse (8)
• 10 pts sur la prestation orale (8) = 26 sur 40 = 13 sur 20
• 20 pts pour le général (12)

En tout = 12,5

VI/ Political parties

?	?	?	?	?	?	?	?	?	GE
1945	1951	1955	1957	1963	1964	1970	1974	1976	1979
L	C	C	C	C	L	C	L	L	C
Ackley	Churchill	Eden	McMillan	Douglas-Home	Wilson	Heath	Wilson	Callaghan	Thatcher

GE	GE	/	GE	GE	GE	GE	/	GE
1983	1987	1990	1992	1997	2001	2005	2008	2010
C	C	C	C	L	L	L	L	C & LD
Thatcher		Major		Blair			Brown	Cameron & Clegg

Until 2010, only 2 parties obtained the majority.

Now, for the first time, there is a coalition in the government.

David Cameron is the PM and Nick Clegg is the deputy PM.

1990 → Margaret Thatcher resigned so John Major, the new leader of the Conservative party became PM.

During 18 years → conservatives rule.

From 1997 to 2010 → labour rule.

In Britain, there were 210 political parties registered for the GE of 2010.

From 1945 to 2010, only the Conservatives and the Labour party ruled the country.

Because of the system, normally 2 political parties dominated Parliament.

In 19^th century → Liberal Party + Conservative Party (“Tories”).

In 20^th century → Labour Party and the Conservative Party.

Tories is the oldest political party in Europe. Thatcher was the first conservative leader to give to the C.P. a doctrine.

The difference between the 2 classes in the Parliament of the 18^th century constituted by the aristocracy went from the independence of the American colonies (conflict between the Whigs and the Tories).

Then, French Revolution, a part was for changes in the monarchy and an other was for the protection of the monarchy.

In the liberal party, there was not a unity because there different plans.

19th century	Liberal Party = Radicals = Whigs	Conservative Party = Tories
20th century	Labour Party created in 1906 and in 1945, it was the most important group	Conservative Party

The Labour was created when the extension of the franchise was in progress.

In 19^th, the parties between the parties were very flows.

The Conservative, with the evolution of the society, tried to adapt its position to the changing situation.

Political parties appeared in the 18^th century inside the Parliament (that is a British specificity).

The Liberals and the Radicals were afraid of an absolute monarchy which they associated with Catholicism.

The French revolution and the independence of the American colonies contributed to the creation of several group in the Parliament.

1. The Conservative

It is the oldest political party in Britain.

It was mainly composed of the aristocracy and of the landowners.

They didn’t want to want a doctrine.

The Conservative embodies values which are deeply ingrained among British society such as tradition, the Crown, the Empire and the individual freedom.

Its ideology is centred on the individual and considers individual freedoms, initiative and responsibility as preferable to a system in which the government interferes at too many levels.

The stress of the individual values is at the root of a majority of the Conservative believes and position.

Robert Peel and Benjamin Disraeli are linked with the history of the Conservative party. He helped it to adapt to change in political (extension of the franchise), social (creation of the working class) and economic (industrial revolution) situation.

Disraeli influenced the party in the 1860’s and the 1870’s and gave the party a modern vision of their role in a political democracy.

He also helped to restructure the party and to modernise it.

He was the motor, the father of a “one nation conservative”.

He wanted to bridge the gap between “those who have and those who have not”.

Margaret Thatcher readapts that.

His aim was to create a kind of alliance between the people and the aristocracy.

After his death, the Conservatives showed its huge capacity for immobilism.

EX : Attitude towards the Irish question.

After the WWII, the Conservative party accepted with the Labour Party an economic and a political consensus around the economic theory of Keynes (the role of the state is to regulate economy).

From 1951 to 1964, it was the Conservative Decade during which the Conservatives adopted the Keynes’ theory to rule the country.

Video on Margaret Thatcher

“to roll back the frontier of the state”

“privatisation is on the move”

“popular capitalism”

“believe in a property owning democracy”

“sale of council houses”

“shareholders”

“more and more own property”

“crusade to enfranchise”

Since Thatcher took its leadership, it was much more easier to define the doctrine of the Conservative Party. Because she wanted to break with “the vagueness and the compromises of the past”, of the post war period.

She induced a clear departure fro Keynes’ economic doctrine to which she preferred the neo-liberal of Von Hayek and Friedman.

Their theories explain how Thatcher became committed to market-oriented policies.

Thatcher in 6 points:

• Reduce the role of the state in the life of individual.
• Develop a market economy.
• Promote popular capitalism through the process of privatisation.
• Eradicate inflation.
• Put an end to industrial conflict by cutting the power of the trade union.
• Enhance Britain’s position in the world.

1990 : Poll Tax. She had to resign because her own party gave her a vote of non confidence because of the Poll tax (unequal reform, reform for local taxation) and Europe (she was not a pro-European leader).

Within the conservative party, there were 2 parts: the dries and the wets.

In 1992, J. Major won the GE ant the conservative party continued to govern Britain.

2. The labour Party

1900→ Labour Representation Committee = a gathering of skilled workers trade union.

In 1906, it changed its name into the Labour Party.

From 1945 to today, the conservatives and the labour party dominated the political scene.

How did it emerge?

The outcome of the industrial revolution is the apparition of a new social class composed of skilled workers who wanted to be represented.

It was the only party in favour with women vote in 1910’s.

A group a intellectual, the Fabian society, supported this party.

The labour party never had revolutionary ideas.

The history of the labour party has been shaped and formed by that of the working class.

This class obtained the right to vote thanks to the extension of the franchise.

It needed a party to represent its interests in Parliament. The working class was organised in trade union and decided to create the LRC renamed LP in 1906.

The history of the LP is closely linked ideologically and financially to that of the trade union.

For many years, the party was their political arm representing the interests of the working class in front of the industrialists, property owners and the aristocracy.

The labour party believed in a peaceful parliamentary reform thanks to the influence of a Fabian society and because of the comfortable position of the skilled workers. This doesn’t mean that the Labour party doesn’t have its radicals. On the contrary, there is a clear division within the party between those who are called the fundamentalists and the others, the royalists. The fundamentalists are in the left wing (= aile gauche) of the party. There slogan is “keep left”. Yet, the royalists constitute the mainstream of the party. The labour party adopted a Constitution in 1918 and in the clause IV of this Constitution; the party committed itself “to the common ownership of the means of production, distribution and exchange”. In this Constitution, the Labour party claims its affiliation to the socialist tradition.

In its early period, the Labour party remained very much in the shadow of the Liberal party. In 1923/1924, the Labour party won 30% of the vote and overtook the Liberal party.

In 1945, the Labour party obtained its first electoral victory and Clement Attlee became the first Labour prime minister in Britain. In fact, this Government of Attlee “changed the face of Great Britain”. His Government introduced a series of reform in social and economic field like the well fair state which is the first free universal medical care system in Europe. The building of the Council House (=HLM) was also a program of the Labour party.

From 1979 until 1997, the Labour party lost 5 successive general elections and remains for 18 years in opposition.

In 1994, Tony Blair with several members of the Labour party took the leadership of the Party. He was elected as the leader of the party. The slogan was “a new Labour party for a new Britain”. He said that the Labour party is the third way. Trade unions weren’t as influential as before. He said that “the labour party has to go with and not against the direction of the time”. First, he changed the name of the party. Secondly, he changed the clause IV of the party. The Labour party is committed into “a community in which power, wealth and opportunity are in the hands of the many, not the few”. The aim is to distribute this between all the people. The party took its distance with Trade Unions. Tony Blair also wanted to change the face of Britain. The old Labour party always exists. The clause IV also committed the party to a “dynamic market economy”.

In fact, the novelty (= nouveauté) of the new labour party has been defined primarily in terms of its contrast with the old labour party. To the “modernisers”, the problem was their inability to obtain the trust and the confidence of the voters. The party was tied (= lié) to an obsolete definition of socialism. They also made this analysis: that service industries were replacing manufacturing industries leading thus to a consumer culture rather than a producer culture with which the old Labour party had been traditionally associated. The new Labour party’s aim was clear:

• They wanted to detach themselves from the old Labour’s established values.
• They wanted an accommodation with established institution and modes of thoughts.
• The Labour party had to act with and not against the political directions of the time.

3. The liberals

It was formed in the late 80’s from a union of the liberal party and the social democrats, a break away group of labour politicians.

Paddy Ashdown was elected as the first leader of this party in 1988.

It was regarded as in the centre or slightly left of the centre.

It was always been in favour of the European Union and they had placed more emphasis on the environment than the other “classical” political party.

Its present leader is Nick Clegg.

The liberal party as such appeared in the Parliament around the 1860’s.

J. Locke started the long line of British liberal thinkers particularly with his book : “Treaties on Government” in 1690, but at that time there was nothing which could be called “political party” but J. Locke became the spiritual father of the liberals.

The 18^th century saw the gradual establishment of relatively-formal-parliamentary groupings : the Whigs and the Tories.

The Whigs drew their inspiration from the Glorious Revolution.

The revolt of the American colonies and the French Revolution opened up a renewed debate over the ideological basis of government.

In the 19^th century, 2 debates are going to wide on the difference between the Whigs and the Tories :

• The extension of the franchise and the redistribution of parliamentary seats.
• The catholic emancipation.

In 1859, the liberal was created when the radicals, the Whigs and the peelites formed a union in order to overthrow the minority of Tories.

The liberal party benefited from the extension of the franchise.

The underlying thing of the party was the need for free trade in order to generate prosperity for all.

In this period, one liberal leader dominated British politics : Gladstone :

• He replaced taxes on goods and custom duties with a progressive income tax.
• He established a parliamentary accountability for government spending.
• In 1872, he passed the first education act.

The parliament reform act of 1911 was passed under a liberal government.

Most historians agreed that the liberal government from 1906 to 1915 proved to be one of the great reforming administrations of the 20^th century because it broke the power of the House of Lord and laid the foundation of the modern Wealth fair State.It was also the creation of a national insurance system.

Decline and disintegration

The Irish question divided the liberal party since the 1860’s.

There were tensions between those who wanted devolution for Ireland and those who were against.

In the general election of 1990, there were clearly within the liberal party, 2 leaders.

At the same time, the creation of the labour party which started to fight independently in elections weakened the liberal party.

In 1924, the liberals were relegated in the fringes of politics when the Labour Party obtained a majority of seats in Parliament.

Adam SMITH, William Beveridge, J M Keynes.

4. The other political parties

Party	Number of seats obtained
Conservative Party	307
Labour Party	258
Liberal Democrats	57
Democratic Unionist Party (Northern Ireland)	8
Scottish National Party	6
Sinn Fein	5
Plaid Cymru (Wales)	3
Social democratic & labour party	3
Green	1
Alliance	1
Other	1

Total of seats = 650

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VII/ The legal system

The British system is based on statute law and common law. Scotland is based on Roman law. There is no single and unique legal system. In fact, there are three separate elements:

• England and Wales
• Scotland
• Northern Ireland

Their difference is based on legal profession, procedure and court system. The main difference is that Scotland is ruled by Roman law and that the rest of the UK is ruled by common law. An other specificity of the British system is that the UK has not criminal and civil codes written down in separate documents. Generally speaking, all criminal law is now set out in Acts of Parliament while the greater part of civil law stile depends on Common law.

1. Legal history and sources of British Law

Cf. polycopié.

The three main sources of English law today are:

• Common law
• Statute law (Acts of Parliament)
• European union law

The common law is the oldest source. It is the outcome of past decision and based upon custom. Common law has slowly built up tens of thousands years ago. Common law decisions formed precedents from which later judges can deduce the underlying principles of law that may be applied to new cases. This is a very conservative law. One main criticism is that it is not easily to adapt to new situations. The statute law is supreme of common law. The doctrine of precedents is important and the judges are obliged to keep it. Only the House of Lords as the highest Supreme Court of appeal has the power of creating new precedents. The principle of equity plays an important role on the common law. The notion of equity is also linked to the notion of fair. It is a limit for the judge to adapt the precedents to the present. It leads to a form of justice which is more human and maintains consistency and continuity.

The statute law was first composed of petitions ratified by the King. It was originally created by the monarch and it was gradually made through royal orders in response to petition from Parliament. Later, Parliament itself became the legislating authority. That’s why we can say that the statute law is the series of Acts of Parliament. Acts of Parliament are supreme over all other forms of law except over some European Union law.

2. The system of justice

1. In England and Wales

The system of justice in England and Wales, in both criminal and civil cases, it’s an adversarial system as in the US. This means that both sides can call witnesses in support of their case. The defense makes also question the prosecution witness and vice versa. Judges control the battle between the defense and the prosecution. In criminal cases, the aim is not to discover the truth about what happened. A court has to say “YES” or “NO” to a proposition after it has heard arguments and evidences from both sides. There is no such thing as an examining magistrate who tries to discover the real truth about what happened. That’s why there are two possible court verdicts in England, Wales and Northern Ireland: guilty or not guilty. In Scotland, there are three possible verdicts: guilty, not guilty and no proven.

• Legal profession

Judges are appointed for the rest of their life. Once appointed, a senior judge can’t be removed until the age of 75.

Since 2008, there is a reflexion on the question of equality between men and women in this profession.

Women represent only 8% of Court of Appeal judges but 50.6% in magistracies. Magistrates are volunteers and do not need to achieve legal qualifications or a particular career level.

• Difference between barristers and solicitors

The number of solicitors is higher than that of barristers.

Solicitors practice mainly in private firm in local and central government and in legal centres. They are qualified to advise clients and instruct barristers. They do not appear as advocates: they can’t plead in court except in certain lower courts.

Barristers can advocate in courts and the public cannot approach them but must be introduced by a solicitor. Judges are often chosen among senior barristers.

• Britain and Europe

In the 50’s, Britain was in favour of a common market. It already was in the Common Wealth and Churchill didn’t want to abandon this important network for another with an unknown future.

The 3 circles of Churchill were US, Common Wealth and Europe.

What is puzzling about Britain relationship with Europe is the predominantly negative concerning Europe and a deepening of European integration which seems to be stable in the time.