Local government

Each part of the United Kingdom has a distinct system of local government. (For a full account of local government in each part of the United Kingdom, see the discussions of local government in the articles on England, Wales, Scotland, and Northern Ireland.) Local governments have very few legislative powers and must act within the framework of laws passed by the central Parliament (and by the Scottish Parliament in Scotland). Nevertheless, they do have the power to enact regulations and to levy council taxes (property taxes) within limits set by the central government. They are funded by the council taxes that they levy, by business rates (taxes levied on nonresidential properties, such as stores, offices, factories, and warehouses), by fees for services, and by grants from the central government. Local governments in the United Kingdom are responsible for a range of community services, including environmental matters, education, highways and traffic, social services, firefighting, sanitation, planning, housing, parks and recreation, and elections. In Scotland and Wales regional governments handle some of these functions, and local governments handle the remainder. In Northern Ireland the Northern Ireland Assembly is responsible for many of these functions. The responsibilities of local governments in Northern Ireland are limited to environmental matters, sanitation, and recreation.

Parts of the United Kingdom have as many as three levels, or tiers, of local government, each with its own responsibilities, whereas other areas have only a single tier or two tiers. Throughout England, parish and town councils form the lowest tier of local government. (Parishes are civil subdivisions, usually centred on a village or small town, that are distinct from church bodies.) They have the power to assess “precepts” (surcharges) on the local rates and a range of rights and duties, including maintenance of commons, recreational facilities, and environmental quality and participation in the planning process. Community councils perform a similar role in Wales, whereas community councils in Scotland are voluntary and consultative bodies with few statutory powers. This lowest level of local government has no counterpart in Northern Ireland.

The next tier of local government is usually known in England and Northern Ireland as a district, borough, or city. In Northern Ireland this is the only level of local government. In Scotland and Wales this second tier is the only one with broad powers over major local government functions. In Wales these local government areas are known as either counties or county boroughs, while in Scotland they are variously known as council areas or local government authorities or, in some cases, cities. In some areas of England this second tier of local government is the only one with broad statutory and administrative powers. These areas are known in England as unitary authorities (since they form a single tier of local government above the parishes and towns) or metropolitan boroughs (which are functionally equivalent to unitary authorities but form part of a larger metropolitan county). In other areas of England, districts, boroughs, and cities form an intermediate tier of local government between the towns and parishes on the one hand and administrative counties on the other. Administrative counties, which cover much of England, are the highest tier of local government where they exist.

In Greater London, boroughs form the lowest tier of local government and are responsible for most local government functions. However, in 2000 a new Greater London Authority (GLA) was established with very limited revenue-gathering powers but with responsibility for public transport, policing, emergency services, the environment, and planning in Greater London as a whole. The GLA consists of a directly elected mayor (a constitutional innovation for the United Kingdom, which had never previously filled any executive post by direct election) and a 25-member assembly elected by proportional representation.

Whereas the administrative counties of England and the counties and county boroughs of Wales have statutory and administrative powers, there are other areas throughout the United Kingdom that are called counties but lack administrative power. In England, metropolitan counties cover metropolitan areas; they serve as geographic and statistical units, but since 1986 their administrative powers have belonged to their constituent metropolitan boroughs. Moreover, in England there is a unit known variously as a ceremonial county or a geographic county. These counties also form geographic and statistical units. In most cases they comprise an administrative county and one or more unitary authorities. In other cases they comprise one or more unitary authorities without an administrative county. Greater London and each of the metropolitan counties also constitute ceremonial and geographic counties. These areas are known as ceremonial counties because each has a lord lieutenant and a high sheriff who serve as the representatives of the monarch in the county and who represent the county at the ceremonial functions of the monarchy.

Finally, every part of the United Kingdom lies within what is known as a historic county. The historic counties have formed geographic and cultural units since the Middle Ages, and they historically had a variety of administrative powers. The Local Government Act of 1888 regularized the administrative powers of counties and reassigned them to new administrative counties with the same names as the historic counties but with different boundaries in some cases. Successive local government reorganizations in the 1970s and ’90s redrew the boundaries of administrative units in the United Kingdom so that no remaining administrative unit corresponds directly to a historic county, although many administrative and geographic counties and other local government units carry the names of historic counties. Still, even though they lack administrative power, historic counties remain important cultural units. They serve as a focus for local identity, and cultural institutions such as sporting associations are often organized by historic county.

Justice

Recruited from successful practicing lawyers, judges in the United Kingdom are appointed and virtually irremovable. The courts alone declare the law, but the courts accept any act of Parliament as part of the law. As courts in the United Kingdom do not possess the power of judicial review, no court can declare a statute invalid.

An accused person is presumed innocent until proved guilty. The courts strictly enforce a law of contempt to prevent newspapers or television from prejudicing the trial of the accused before a jury. Verdicts in criminal cases rest on a majority vote of the jury (in Scotland a simple majority, in England, Wales, and Northern Ireland with no more than two dissenting votes). Capital punishment was abolished in 1965. Almost all defendants in criminal cases in the Crown Courts (in Scotland the High Court of Justiciary), which deal with all serious cases, are granted publicly funded legal aid.

More than 90 percent of criminal cases in England and Wales are tried and determined by about 30,000 justices of the peace, who are unpaid laypersons, or by the more than 60 stipendiary (paid) magistrates, who are trained lawyers. More serious crimes also come initially before a magistrate’s court. The system is similar in Northern Ireland, but in Scotland district and sheriff courts try most criminal cases. The police must bring an arrested person before a magistrate within 36 hours, but the magistrate can authorize further detention without charge for up to 96 hours. Only 1 percent of suspects are held without charge for more than 24 hours, however. The magistrate decides whether the accused should be held on bail or in custody.

The vast majority of civil actions in England, Wales, and Northern Ireland are tried in local county courts, whose jurisdiction is limited by the nature of the action and the amount of money at stake. In Scotland, sheriff courts and the Court of Session try all civil actions.

Appeals in civil and criminal matters move from the High and Crown courts to the Court of Appeal, from which for centuries cases of legal importance could be appealed to the Appellate Committee of the House of Lords, better known as the Law Lords. In October 2009, however, as a result of constitutional reform, the Appellate Committee was abolished and replaced by a newly constituted Supreme Court of the United Kingdom, made up of 12 independently appointed justices. At the same time, the Supreme Court also assumed the devolution jurisdiction previously held by the Judicial Committee of the Privy Council. In Scotland only civil matters may be appealed to the House of Lords.

Political process

All citizens aged 18 or older are eligible to vote in parliamentary and local elections. All other public posts are filled by appointment. Each member of the House of Commons represents one parliamentary constituency. Constituency populations historically have varied considerably, with those in Scotland and Wales being much smaller than those in England. This overrepresentation for Scotland and Wales dates from the 18th century and the 1940s, respectively; however, because of the wide array of powers vested in the Scottish Parliament, the disparity in constituency size between England and Scotland was eliminated at the May 2005 election, when Scotland’s seats in the House of Commons were reduced from 72 to 59. Constituencies in Northern Ireland are slightly smaller than those in England. As there are no residency requirements, many members of Parliament reside outside the constituency that they represent.

Registration of voters is compulsory and carried out annually. Candidates for election to Parliament or a local council are normally chosen by the local parties. There are no primary elections along U.S. lines, for example, nor would such a system be easy because the timing of general elections is unpredictable.

The House of Commons is elected for a maximum term of five years. Traditionally, at any time during those five years, the prime minister had the right to ask the monarch to dissolve Parliament and call a general election. However, the Fixed-term Parliaments Act 2011 mandated a five-year period between elections and proscribed early elections except under special circumstances: (1) if a motion for an early general election is agreed upon either by at least two-thirds of the whole House of Commons or without division (that is, when a voice vote is sufficient to determine the will of the House of Commons) or (2) if a motion of no confidence is passed and no alternative government is confirmed by the House of Commons within 14 days. Parliamentary candidates’ campaign spending is strictly limited. Since 2000, national party expenditure, which was previously unrestricted, has been limited to a maximum of £20 million per party. In addition, each party is allocated free election broadcasts on the main television channels. Televised debates between the leaders of the principal parties (de facto candidates for prime minister) were a part of the campaign process for the first time in the 2010 general election. No paid political advertising is permitted on television or radio. These provisions and the uncertainty about the timing of an election produce campaigns that are, by international standards, unusually brief and relatively inexpensive.

A two-party system has existed in the United Kingdom since the late 17th century. Since the mid-1920s the dominant groupings have been the Conservative Party and the Labour Party. However, several smaller parties—e.g., the Liberal Democrats, the United Kingdom Independence Party, the Scottish National Party, Plaid Cymru (the Welsh Nationalist Party), and loyalist (unionist) and republican (nationalist) political parties in Northern Ireland—have gained representation in Parliament, especially since the 1970s. The two-party system is one of the outstanding features of British politics and generally has produced firm and decisive government. The practice of simple plurality voting in single-member constituencies (commonly referred to a “first past the post”) has tended to exaggerate the majority of the winning party and to diminish the representation and influence of third parties, except for those with a geographic base of support (e.g., Plaid Cymru). When the 2010 general election resulted in a “hung parliament” (no party with enough seats to form a majority government), the Liberal Democrats—who were courted as coalition partner by both the Conservatives (who captured the most seats) and Labour (which finished a distant second)—used as a bargaining chip the possibility of changing to a system of proportional representation that would benefit third parties.

The two-party system, together with uncertainty about the timing of a general election, has produced the British phenomenon of the official opposition. Its decisive characteristic is that the main opposition party forms an alternative, or “shadow,” government, ready at any time to take office, in recognition of which the leader of the opposition receives an official salary.

Despite several high-profile female monarchs and politicians, men have dominated politics in the United Kingdom for centuries. In 2011, however, centuries-old succession laws stipulating that the heir to the throne be the first-born son of the monarch and that sons take precedence over daughters in succession were slated for change to remove gender as a qualification. Nevertheless, while women have made strong political gains in much of western Europe, especially in Scandinavia, breakthroughs for women in British national elections have been rare. Throughout much of the 20th century, only a few women won elections; before the 1980s the high point for female representation in the House of Commons was 29 in 1964. Indeed, many women who were able to win election to the House of Commons were of aristocratic stock or widows of influential politicians. One such exception was Margaret Thatcher, who was first elected to Parliament in 1959 and became Britain’s first female prime minister in 1979. However, during the 1980s women began to make gains, with 60 female candidates winning seats in Parliament in 1992. In order to increase its appeal to women and increase the number of women MPs, the Labour Party adopted a policy of all-women shortlists for half of its “target seats” (i.e., seats where an existing Labour MP was standing down or where Conservative MPs had small majorities) for the 1997 election, and, though the policy subsequently was ruled in violation of equal rights laws, 120 women—101 from the Labour Party—were elected to the House of Commons. Even with the law invalidated, 118 women won election in 2001. In addition to women, minorities have had some success in national elections. There consistently have been several Jewish members of the House of Commons, and Sikh and Muslim candidates also have had limited success.

Security

The United Kingdom has no national police force nor any minister exclusively responsible for the police. Each provincial force is overseen by an elected police and crime commissioner (PCC), whose performance is scrutinized by police and crime panels. PCCs are responsible for the totality of policing, answerable to the communities they serve, and charged with holding accountable the chief constable and police force.

The commissioner of London’s Metropolitan Police has a status similar to that of a chief constable. Scotland Yard (the criminal investigation department of the Metropolitan Police) assists other police forces and handles the British responsibilities of the International Criminal Police Organization (Interpol).

The British police, popularly known as “bobbies,” wear a uniform that is nonmilitary in appearance. Their only regular weapon is a short, wooden truncheon, which they keep out of sight and may not employ except in self-defense or to restore order. Police on a dangerous mission may carry firearms for that specific occasion.

Responsibility for national defense rests with the prime minister and the cabinet. The secretary of state for defense formulates defense policy. His ministry has responsibility for the armed forces. The secretary of state is advised by the chief of the defense staff, aided by the chiefs of the three services—the army, navy, and air force. Britain has been an active member of the North Atlantic Treaty Organization (NATO), deploying its troops in various theatres of conflict. Internal security and intelligence are handled by the MI5 government agency, and foreign intelligence services are carried out by MI6.