British Parliamentary vs. U.S. Federal System of Government

Introduction

The British Parliamentary system of government is one of the oldest political systems in the world, having evolved over centuries. The British model has influenced the systems of government in many countries, including the United States. The U.S. system of government, by contrast, is a Federal system that came into existence when the United States — the former American colonies — rebelled against British rule and declared independence in the latter part of the eighteenth century, followed by the adoption of its own constitution in 1787. Although sharing some similarities with the British system, the U.S. system of government is unique in several respects. This paper examines key features of both systems and compares the British Parliamentary system with the United States Federal system of government.

The British Parliamentary System

The British system of government, which has evolved gradually over several centuries, is now known as a parliamentary monarchy with a democratically elected government. The monarch is the head of state with limited powers, and Parliament consists of the House of Lords, the House of Commons, and the Monarch. Most of the powers of the government now rest with Members of the House of Commons, who are directly elected through universal suffrage and a "first past the post" electoral system in elections held every five years (Weisser and Kishlansky). The chief executive is the Prime Minister, who is a member of the House of Commons and the leader of the majority party in the House.

Members of the House of Lords are not elected; they consist of hereditary lords, those appointed for their contributions to society, and appointed religious leaders. Although the House of Commons is called the "lower" house, it holds most of the legislative powers ("The Role of the House of Commons"). The House of Lords serves primarily as a debating forum with limited powers confined to the introduction of bills — except "Money Bills." The Lords may also delay the passage of other bills for a limited period but cannot block their passage, as the House of Commons may invoke the Parliament Act (Ibid.).

Her Majesty's Government is the executive branch, consisting of Cabinet ministers — most of whom are members of the House of Commons — government departments each responsible to a minister, local authorities, and public corporations. The House of Commons is involved in both legislative and executive functions, and as such there is no separation of powers between the executive and the legislature, as there is in the United States.

The government operates under a constitution that consists of various historical documents, laws, and formal customs adopted over the years. Unlike the U.S. Constitution, most of the British constitution is not a single written document. The written portion includes the Magna Carta (signed by King John in 1215); the Petition of Right, passed by Parliament in 1628; and the Bill of Rights of 1689. The "unwritten" portion consists of all laws passed by Parliament, precedents set by British courts, and various traditions and customs.

The democratically elected House of Commons can alter these laws by a majority vote. The British constitution evolves continuously as new laws are passed and judicial decisions are made. All laws passed by Parliament are regarded as constitutional, and amendments to the constitution occur whenever new legislation overrides existing law. Since the seventeenth century — the period of the Glorious Revolution — the powers of the monarch have gradually been transferred to Parliament, and more specifically to the House of Commons. Although the monarch, or "Crown," still formally approves all changes in law, this is now a mere formality. From the beginning of the nineteenth century, powers have gradually shifted from the House of Lords to the democratically elected House of Commons (Kramnick).

The British judicial system is built on principles such as the right to trial by jury, the right to due process of law, freedom from unlawful imprisonment, the adversarial trial system of prosecution and defense, and the presumption of innocence until proven guilty. These principles have been adopted by the legal and judicial systems of many countries, including the United States. The British legal system relies on common law, which is based on custom and on decisions in previous legal cases, known as precedents (Weisser and Kishlansky).

Although the judiciary is completely independent in Britain, it is meant simply to enforce the law — it is Parliament that creates the law ("Judicial Independence"). This characteristic separates the British judicial system from that of the United States, since Britain does not have a Supreme Court with powers to review legislation for constitutionality. Only Parliament has the power to review legislation.

Political parties are an important part of the British system, as elections to the House of Commons are held on a party basis every five years. The leader of the party that wins more than 50% of the seats is elected Prime Minister and leader of the House. At present, the two major parties in Britain are the Labour Party and the Conservative Party. The Labour Party is left of center, deriving most of its strength from trade unions, while the Conservatives favor private enterprise and a mixed economy. The "first past the post" electoral system works against smaller political parties, making it difficult for them to elect members to Parliament ("The British Parliamentary System").

The United States Federal System of Government

The United States, unlike Britain, is a relatively young country without as long a tradition of government. Because the United States was a British colony before independence, and because a large part of its original population had emigrated from Britain, it naturally incorporated many principles of British political philosophy and the ideas of several British thinkers. However, the U.S. system of government also differs from that of Britain in important ways. Most notably, the founding fathers deliberately established as a core principle that no sovereign holds a divine right to rule and that government exists only to serve the people, deriving its power from them. This was a radical departure from prevailing practice at the time, and is one reason the United States refused to accept the British King even as a figurehead — unlike several other former British colonies.

The United States built its government on four fundamental principles: (1) popular sovereignty — with the people being the ultimate source of the government's authority; (2) representative government; (3) a system of checks and balances; and (4) federalism, a system in which power is shared among different levels of government (Baker).

The first principle of popular sovereignty was adopted by the founding fathers led by Thomas Jefferson, who was influenced by Enlightenment thinkers — in particular the seventeenth-century English philosopher John Locke. The second principle of representative government is ensured by the fact that almost all officials in positions of authority — the President, members of the Senate, members of the House of Representatives, and state and local government officials — are elected by the people. The only exceptions are judges, who are appointed.

The third principle is an elaborate system of checks and balances. The three branches of government — legislative, executive, and judicial — each have separate functions and powers to restrain and stabilize one another. The legislative branch, represented by Congress, passes bills before they can become law. The executive branch — the President — can veto bills passed by Congress, preventing them from becoming law. Congress, in turn, can override a presidential veto by a two-thirds vote. The Supreme Court has the power to strike down acts of Congress by declaring them contrary to the Constitution, but Congress can amend the Constitution through the amendment process (Baker). The most striking contrast with the British system is precisely this separation of executive and legislative functions.

The fourth principle is federalism, reflected in the division of powers between the states and the national government. This division is designed to curb abuses by either level of government and to give states a measure of autonomy in managing their own affairs (Baker).

The Constitution of the United States, unlike that of Britain, is a single written document that forms the basis for the working and institutions of the U.S. government. It was written and ratified in 1787 during the Constitutional Convention, convened in the midst of the political crisis that followed the American Revolution, when relations between the central government and the states were strained. One of the main motivations for drafting a Constitution was to ease these tensions. Another was the urgency to consolidate the revolution by creating a unified political entity from 13 formerly independent colonies. The Constitution-making effort thus reflected the country's motto, E Pluribus Unum (From Many, One). The Constitution became the law of the land after it was ratified by nine states in 1788 (Baker).

Conclusion

As this comparison has shown, the British and American systems of government share certain similarities but differ in several fundamental ways. The differences arise because both systems evolved to meet the distinct political and social needs of their respective societies. For example, while Britain has maintained a monarchy — albeit a ceremonial one — to reflect continuity of tradition, the United States has deliberately barred hereditary offices to emphasize that government reflects the will of the people. Despite their structural differences, the supremacy of democratically elected representatives is a value reflected in both systems of government.

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