English Parliament and General. Where and when did parliament appear in England? History of the Parliament

During the reign of Henry III (1216–1272) in England Parliament arose which made royal power limited. Henry III was a sovereign who loved flattery and generously rewarded it with positions and lands. The people closest to him were foreigners who entered the royal service, numerous knights from France and a fairly large number of clergy from Italy, who were sent to England by the popes. I really did not like the whole behavior of the king and his foreign favorites the English nation, formed in the middle of the 13th century. from the merger of the Normans with the Anglo-Saxons. Prelates, barons, knights, and townspeople united in opposition against the king. Henry III convened several times conventions of prelates and barons(“big councils”), which for the most part sharply condemned his policies. The main role in this opposition was played by Simon Montfort, originally a Frenchman (his father was a leader in the crusade against the Albigenses), moved to England, where he received the title of Earl of Leicester and married the king's sister. Having quarreled with Henry III, this talented and energetic nobleman went over to the side of the English barons and even became their leader. First, the larger barons at the "great council" in Oxford(1258) forced the king to admit over himself guardianship of a special committee of 24 barons, but small barons and knights were dissatisfied with this oligarchic form of government and began to complain about its establishment. Henry III refused to fulfill this promise, but Simon Montfort went to war against him, took him prisoner and became the ruler of England. Distinguished by his great statesmanship, he saw, however, that the big barons alone would not be able to manage the country, and therefore convening V 1265 on behalf of the king, a “great council”, he invited not only prelates and barons, but also representatives of shires (counties) and cities(two representatives from each county and the most important cities). This was it first English parliament. By inviting the knighthood and townspeople to participate in the reign, Simon incurred the displeasure of the major barons. They went over to the side of the king, and the eldest son of Henry III (Edward) escaped from captivity and became the leader of the dissatisfied. Simon Montfort was defeated and killed in a battle with the royal army, but the measure he invented, i.e., convening to “great councils”, in addition to prelates and barons, also knighthood and townspeople, came into force, and Parliament in England has existed continuously for more than six centuries.

183. Structure of parliament

The English Parliament was divided into two houses: upper or house of peers(lords), and lower or house of commons. This division, which still exists today, was finally formed only in the middle of the 14th century, eighty years after the convening of the first parliament. Became members of the upper house bishops, abbots And major vassals of the king, each of whom sat in it by virtue of his personal right, and the title of secular lord began to pass by inheritance to the eldest son. The lower house was formed from elected representatives from both minor royal vassals and knights, i.e. vassals, and from the free population of counties and cities. In the counties (shares), representatives were elected at meetings that existed even earlier for various local affairs and for the court, and here it happened merger of small feudal lords with the rest of the free population. The House of Commons has become chamber of all classes, and in this way the English parliament from the very beginning began to differ from other similar assemblies that arose around the same time in different states of the West, where each estate sat separately. (And in the upper house the highest clergy and the highest nobility sat together).

Quite often, the United Kingdom of Great Britain - the most famous of the existing monarchies - is called "old England." And this makes some sense, because it was formed as a state quite a long time ago. And its parliament is one of the oldest in the world; legislative bodies in many other countries were formed in its image. So, the UK Parliament: structure, formation procedure, features, powers. What is one of the oldest legislative bodies in the world like?

Three branches of government in Great Britain

The United Kingdom is headed by a queen, as almost every modern person knows. Formally, she also manages the three main systems of the state: legislative, executive and judicial. In fact, these branches of government are represented by separate bodies and are not actually subordinate to the monarch, whose activities are limited to participation in ceremonial events.

The functions of the legislative body are carried out by the British bicameral Parliament, the executive body is carried out by the Prime Minister and his Cabinet. The third branch is represented by several courts dealing with cases of different areas of law.

A similar power structure exists in many modern states, but in Great Britain there is one peculiarity. De jure, the monarch may refuse to sign a law adopted by Parliament, or dissolve it altogether, dismiss or appoint a prime minister, or interfere in the affairs of the judicial system. In fact, this does not happen. In practice, the political leader of the country is the prime minister, and the other branches of government act independently of him.

History of Parliament

The UK legislature is one of the oldest in the world, although somewhat inferior to Iceland's. It was first formed in 1265, and 30 years later, in 1295, it was transformed into a bicameral one. Before this, there was such an institution as the royal council, which seriously limited the power of the monarchy during the reign of John the Landless, who signed the famous Magna Carta. But the main difference between Parliament and this body was in the order of its formation - it became elected.

Over the past centuries, there have been no fundamental changes in the structure and functions of this institution. After the unification of England and Scotland, a single Parliament of Great Britain was formed, and later Ireland joined them. Some reforms were carried out, mainly concerning the election of members and the manner in which their power was transferred. It is precisely this system that is used to form the UK Parliament to this day.

By the way, it is in Parliament that all documents and adopted acts are stored starting from the 15th century. There is also the original Bill of Rights, which established the limitation of royal power and led to the modern system of constitutional monarchy.

Structure

As already mentioned, the UK Parliament consists of two parts or chambers. In another way it can be called bicameral. Legislative bodies work in the same way in many countries of the world, including the USA, Russia, Germany, etc.

The so-called lower part is called the House of Commons, and the upper part is called the Lords. Each of them has a chairman-speaker, who is elected from among the most respected members. The candidacy must be agreed upon by the leaders of all parties represented in Parliament and approved by the monarch. According to the old tradition, the Speaker retains his position until he loses his mandate or resigns on his own initiative. After this, he receives the title of baron and a seat in the House of Lords.

The Speaker does not formally belong to any party, does not speak or take part in voting, except in certain cases. Its functions are to ensure interaction between Parliament and other government institutions, as well as resolving general organizational issues. In addition, he has three deputies - vice-speakers, who, in his absence, conduct meetings. They are also deprived of the right to vote and discuss bills, as well as belong to parties.

In the upper house, the Lord Speaker acts as the leader. This position was introduced about 10 years ago when reforms were introduced. As a result, the Lord Chancellor transferred some of his responsibilities to the Speaker, and he himself began to combine the powers of the Minister of Justice along with his position.

What is very interesting is that the UK Parliament attaches a lot of importance to various procedures accompanying its work. However, they are not fixed in writing anywhere; moreover, they change slightly depending on the convocation and session. In general, the work of the organ is regulated only by unwritten rules and age-old customs.

Lower Chamber

The structure of the UK Parliament assumes that in this part there is an initial discussion of proposed bills, some amendments are made, after which voting takes place. Members of the House of Commons, as it is called, enter it by election and hold their seat for 5 years. Traditionally, the leader of the winning party becomes prime minister, although formally Parliament has nothing to do with forming the government. The Cabinet is formed from among the people elected to the House of Commons.

Members of Parliament belonging to the second largest party become the official opposition and form the shadow government. Its functions are to control the execution of decisions and the work of the main Cabinet of Ministers.

Also, the lower house of Parliament can be divided into various committees and entities designed to deal with issues in different sectors. They can be special, general or combined. There is also a committee of the whole House - a mode of operation when all members participate in the consideration of bills, usually of a financial nature. After approval at the bottom of Parliament, the bill moves to the top. It operates on completely different principles.

Upper house

It is interesting that at the present stage this part has much less powers than elected members of Parliament. Almost all recent reforms concerning its activities have been aimed at limiting the power of this body and increasing its legitimacy.

The fact is that the upper house of Parliament is not a directly elected body. The so-called lords spiritual and temporal (or peers) sit here. The composition includes the highest ranks of the clergy (there are 24 of them), as well as people who have received the right to participate in the legislative process by inheritance or for life. Thus, the formation of the secular part of the chamber takes place according to a rather complex system, including voting by all participants, as well as members of parties represented in Parliament. However, there is no numerical limit; currently 763 people are peers. Moreover, the transfer of this privilege from father to son, which used to be extremely common, is actually becoming a thing of the past - now this right is granted for life and cannot be inherited.

In terms of powers, the House of Lords has much less than the Commons. As a result of several recent reforms, the right of veto has been replaced by the ability to postpone the consideration of certain bills. However, some of the bills cannot be delayed for long periods. In addition, formally peers do not have the opportunity to oppose the policies of the current Cabinet and make significant amendments to financial bills. However, sometimes the House of Commons delegates this right to them.

Interrelation of branches of government

Initially, the Prime Minister of Great Britain, as well as the Cabinet he created, were accountable to Parliament. De facto, this is not happening now due to the majoritarian election system - according to it, the ruling party has a majority of votes in the House of Commons. In general, the legislature has fairly little control over the government. Nevertheless, the history of the 20th century knows three cases when the House of Commons expressed no confidence in the current government, which was represented by the Prime Minister of Great Britain.

However, the legislative and executive powers are still connected. According to tradition, the Prime Minister, and then his Cabinet, is assembled from representatives of the lower house of Parliament. However, this is not a mandatory condition at all, which has nevertheless been observed for a very long time.

In general, the branches of government in the UK are separated rather than interconnected, which is what modern international law requires. Perhaps this is where a large part of the stability and resilience of the United Kingdom as a state lies.

Legislative function

The powers of the UK Parliament primarily relate to lawmaking. As a rule, during the regular session, meeting participants consider bills proposed by their colleagues or ministers. These bills can relate to various aspects of life, which is why the already mentioned formations, commissions and committees are necessary. But how is the whole process organized?

Lawmaking is the main function performed by the entire structure of the UK Parliament. This process begins with the proposal of a bill, as a rule, this is done by the king's ministers, but any member of both the lower and upper houses has the right to do so.

Next, there are several stages of discussion, during which it may be necessary to adjust and supplement the document. During the process, the bill may be rejected, but if this does not happen, it is sent to committee. He analyzes the bill article by article and proposes further amendments. After approval at the third reading, the bill is sent to the House of Lords, where adjustments can also be made to it. If they are not there, then the bill is submitted to the monarch for approval, but if one part of Parliament does not agree with the amendments of the other, then there can be no talk of adoption. In some cases, the House of Commons may approve a bill without the approval of the Lords. But this is rather an exception to the rule.

The last stage is approval or rejection by the sovereign. In theory, the monarch can veto this or that bill, but in practice this has not happened for a long time. The last case was in 1708. Lawmaking is therefore a complex process requiring consideration and approval from all three parts of Parliament. But its functions do not end there.

Judicial powers

The British Parliament has another rather interesting feature. In some cases, he performs judicial functions that came to him from the ancient custom of filing petitions for the correction of injustice. This primarily concerns the House of Lords. For example, until 1948, it was Parliament that considered cases of high treason among peers. After 2005, this function was removed from the House of Lords. However, the entire Parliament can initiate another judicial procedure - begin impeachment proceedings. Although the last attempt was made centuries ago, some are hoping to renew the tradition.

Formation order

Elections to Parliament are possible only if we are talking about the House of Commons. Moreover, citizens who do not belong to any parties can be elected. But there are also limitations. For example, a person under 21 years of age, a foreigner, a citizen serving a sentence for high treason, a member of the House of Lords, civil servants and military personnel, persons suffering from mental illness and some other categories cannot be elected to the UK Parliament.

Elections can be either general or intermediate, related to the vacancy of one of the seats. The number of deputies is determined by the number of electoral districts; in 2010 there were 659 of them. There is a majority system of relative majority, that is, the candidate who receives the maximum number of votes, compared to his competitors, wins.

The powers of the UK Parliament last 5 years after elections or until dissolution, which is extremely rare. However, sometimes the chamber can make such a decision on its own or, on the contrary, extend the period of its work, which also happens infrequently. In general, the formation of Parliament has proceeded for many years without serious problems.

Location

The British Parliament has been housed in the same building for many centuries - the Palace of Westminster, located on the north bank of the Thames. It was originally a royal residence, but in 1530 the monarch moved it to Whitehall, so that legislators received the entire building for their use. Its oldest parts were built back in the 11th century, but much of it was not preserved due to the fire of 1834. So the building was generally built and reconstructed in the 19th century. Its calling card, as well as the symbol of London, was the clock tower called Big Ben, which tourists are sure to photograph.

It is quite difficult to get inside the Palace of Westminster as a tourist. During Parliament's work, the number of visitors is strictly limited; not even all citizens can come without prior approval. The exception is the summer holidays, when you can get to the palace with an organized group.

Traditions

Despite the fact that structures similar to the English legislative bodies exist in most modern states, the British one is also interesting for its ceremonies and etiquette.

For example, before each meeting of the lower house there is a general prayer. Participants face the wall; they cannot kneel, as the tradition dates back to the days when swords were carried in Parliament. On days when one of the members dies, additional prayer is also held.

Another feature is the prohibition of wearing medals and other signs of the monarch’s favor during meetings. In addition, during the speech and discussion, you can only express your thoughts extremely correctly, using special expressions. Otherwise, the speaker may ask the speaker to leave the room.

In the process of passing a new law, bills are exchanged between the chambers. Phrases in Norman French are used. Another interesting fact is that the Lord Chancellor (now Speaker) of the Upper House sits on a sack of wool. This tradition dates back to the time when England was the main supplier of this product to Europe. Now the bag is filled with wool produced not only on the islands, but also in other countries of the Commonwealth - this symbolizes their unity.

The United Kingdom of Great Britain is a surprisingly conservative country. Traditions and signs reign here, but at the same time the country manages to keep up with the times and remain an island of relative calm and stability in the chaos of the world.

In Great Britain, the monarch heads parliament, can convene and dissolve it, annually opens a parliamentary session in the House of Lords, approves laws - without royal assent, the law has no legal force

Composition of the UK Parliament

Lower House (House of Commons)

It is formed on the basis of direct elections by secret ballot for a period of 5 years.

650 deputies according to the number of electoral districts:
533 from England
59 from Scotland
40 from Wales
18 from Northern Ireland

Functions of the House of Commons

Adopts bills and submits them (all except financial ones) for approval to the House of Lords. Adopts the budget and reviews financial bills. Has the exclusive right to approve taxation and government spending.

About 1550 people

Party composition

According to the latest, 55th convocation (2010)

306 conservatives
258 Labor
57 liberal democrats
8 Democratic Unionists
6 Scottish nationalists
5 Irish Republicans (Sinn Fein)
3 Welsh nationalist (Plaid Cymru)
3 from the Social Democrats and Labor Party
1 from "Alliance"
1 from the Green Party
1 independent MP
1 speaker

Speaker- the chairman of the House of Commons, leading the meetings and representing the chamber in its relations with the queen, the House of Lords and other government bodies. After his resignation, he receives the title of Viscount and a seat in the House of Lords.

Upper House (House of Lords)

Formed on a non-elective basis

774 people who have the right to take part in the work of the chamber

Functions of the House of Lords

Reviews and amends bills passed by the House of Commons, with the exception of financial bills. Considers appeals against court decisions in civil and criminal cases. The verdict of the House of Lords is final.

Number of service personnel- about 450 people

Compound

26 spiritual lords ( Lords Spiritual) - representatives of the clergy of the Church of England
87 hereditary peers(title obtained by birth: Duke, Marquess, Earl, Viscount or Baron)
661 life peers(a title without the right of hereditary transfer was assigned by the monarch for special services to the state)

The oldest parliament in the world- Icelandic Althing - was founded in 930. Created in 979, the Isle of Man's parliament, the Tynwald, is the oldest continuously functioning parliament.

Has existed in the US Senate for almost 50 years "candy table" tradition. In 1965, it was introduced by sweet-toothed senator George Murphy, who treated his colleagues. There were many Murphy followers at the desk, all of whom fed the senators, who currently consume about 180 kg of candy and chocolate a year from sponsors.

The territory on which it stands Australian Parliament, occupies 32 hectares. The building consists of 4,500 rooms with a total area of 250,000 m2.

In the House of Commons of the British Parliament eat twice as much as they did 20 years ago: In the early 1990s, 4,000 meals were prepared daily, which increased to 8,000 in the 2010s.

San Marino has two heads of state- captain-regents elected by the Council of State (unicameral parliament) for 6 months from competing parties.

Parliament size

14 members- Congress of the Federated States of Micronesia (the smallest parliament in the world)
63 - Althing, Iceland
100 - Seimas, Latvia
601 - 2nd Constituent Assembly of Nepal
620 - Federal Assembly of the Russian Federation (170 - in the Federation Council, 450 - in the State Duma)
687 - Supreme People's Assembly of the DPRK
2987 - National People's Congress (the largest parliament in the world)

Salaries of parliamentarians

(in US dollars and rubles per month)

~ $21,000 (~ RUB 750,000) - in Japan (the highest paid deputies in the world)
~ $15,300 (~ RUB 546,500) - in Australia
$14,500 (~ RUB 517,650) - in the USA
~ $11,765 (RUB 420,000) - in the Russian Federation (from September 1, 2014)
~ $11,060 (~ RUB 395,000) - in Germany
~ 9445 $ (~ 337,000 rub.) - in the UK
$6,250 (~ RUB 223,100) - in Kenya (cut from $10,000 in 2013)
$370 (~ RUB 13,200) - in Zimbabwe (one of the lowest salaries)

When the feudal lords entered into a systematic struggle with the kings, one of their main demands concerned the convening of feudal congresses to authorize emergency subsidies, above and beyond the usual (4 cases were considered the usual legal reasons for collecting subsidies from vassals: when a lord gave his daughter in marriage, when he made his son a knight, when he had to be ransomed from captivity when he went on a crusade). In 1215, large landowners obtained from John the Landless the signing of the Magna Carta, according to which the king could not impose new taxes without the consent of the royal council (Curia regis), which gradually evolved into parliament.

organized a council of 9 members, which actually took the king under his wing and assumed the highest leadership of state affairs. To support this advice, Montfort convened a parliament at the beginning of 1265, which differed in composition from previous feudal congresses: barons, bishops and abbots who supported Montfort's party were summoned, and in addition two knights from each county and 2 deputies from the most important cities .

Montfort's opponent and conqueror, Edward I, was forced to return to the same system in order to ensure sufficient subsidies for himself. Beginning in 1295, he began to convene parliament according to the model of 1265. In 1297, after confirming the Magna Carta, he promised not to levy taxes without the consent of Parliament.

Medieval Parliament

In 1649, Charles I was executed, the monarchy fell, and the English Republic was proclaimed. In 1653, Oliver Cromwell, who had become dictator with the title of Lord Protector, dissolved the Long Parliament (of which, by that time, only the so-called Rump remained after the Pride Purge in 1648). The parliament he convened in 1654 (en: First Protectorate Parliament) consisted of one chamber (the House of Lords was abolished by the Long Parliament in 1649). The previous electoral system was considered unsuitable, since it provided many seats for deputies from small towns, who were often dependent on large landowners, while the new towns had no representatives at all. To eliminate this deficiency, seats in parliament were redistributed according to population size.

The new parliament entered into a dispute with Cromwell over the appointment of members of the council of state. Parliament wished to retain at least the approval of these officials, but Cromwell was not willing to allow any parliamentary intervention in this area. It ended with Cromwell dissolving Parliament. In 1656, he convened a new parliament (en:Second Protectorate Parliament), from which, however, from the very beginning he forcibly removed 93 legally elected deputies. This parliament, at the initiative of Cromwell, made an attempt to create the upper house again, but not as a house of hereditary peers, but as consisting of lifelong members appointed by the Lord Protector (en: Cromwell's Other House). This attempt again led to a conflict with Cromwell and to the dissolution of this parliament. It was replaced by the last republican parliament (en: Third Protectorate Parliament), which existed in 1659 for less than a year, it was then again replaced by the Rump of the Long Parliament, which lasted until 1660.

The progressive ideas of the Republic - the need for electoral reform, the reform of the upper house, closer communication between the legislative and executive powers - were abandoned by the Stuart Restoration in 1660, when the House of Lords was restored.

By the beginning of the 13th century. In England, objective prerequisites are emerging for the transition to a new form of feudal state - a monarchy with class representation. The result of the struggle against the politics of royal power in the 13th century. are the conflict that ended with the adoption of the Magna Carta, and the civil war of 1258-1267. The most important result of the civil war was the convening of the first estate-representative institution in the history of England - parliament (1265). Representatives from the knights and the most significant cities were invited to it, along with the barons and spiritual feudal lords.

In 1295, a “model” parliament was created, the composition of which served as a model for subsequent parliaments in England. In addition to the large secular and spiritual feudal lords personally invited by the king, it included two representatives from 37 counties (knights) and two representatives from cities. The creation of parliament entailed a change in the form of the feudal state, the emergence of a monarchy with class representation. Until the middle of the 14th century. The English estates sat together and then split into two houses. At the same time, 1) the knights from the counties began to sit together with representatives of the cities in one chamber (the House of Commons) and separated from 2) the largest magnates, who formed the upper house (the House of Lords). The higher clergy sat together with the barons, and the lower - in the House of Commons.

At first, the ability of parliament to influence the policies of royal power was insignificant. Its functions were limited to determining the amount of taxes on movable property. Gradually, the parliament of medieval England during the period of estate monarchy acquired:

1) the right to participate in the publication of laws;

2) the right to resolve issues of collections in favor of the royal treasury;

3) the right to exercise control over senior officials and act in some cases as a judicial body.

In an effort to subordinate public administration to its control, parliament from the end of the 14th century. gradually introduced the impeachment procedure (It consisted of the House of Commons initiating before the House of Lords, as the highest court of the country, charges against one or another official of the king for abuse of power.).

31. Estates representative monarchy in England.

A new executive body, the Royal Council, is being developed. It was a narrow group of the king's closest advisers, in whose hands the highest executive and judicial powers were concentrated.

The head of the royal administration remains the sheriff, and in the hundred - his assistant, the bailiff. In addition to them, local representatives of the royal administration were coroners and constables. So-called guardians, or justices of the peace, are appointed in the counties. They had police and judicial powers.

Judicial system. The highest courts in England were the Court of Queen's Bench (criminal cases), the Court of Common Pleas (civil cases) and the Court of the Exchequer, which was in charge of civil cases in which the crown was one of the parties. With the development of civil circulation, the Court of the Lord Chancellor emerged from the general system of higher royal courts, which resolved issues “fairly.”