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Chapter 5 · 11 sections

The UK government, the law and your role

How the UK is governed, how elections and the courts work, the laws that affect everyday life, and how you can play your part in the community.

5.1

Democracy, the constitution and the monarchy

Democracy means the whole adult population has a say, directly or through elected representatives. In 1800 only men over 21 who owned property could vote. In the 1830s and 1840s the Chartists campaigned for six changes: a vote for every man, elections every year, equal regions, secret ballots, any man able to stand as an MP, and paid MPs. The campaign seemed to fail, but by 1918 most reforms had been adopted; women over 30 got the vote in 1918, men and women over 21 in 1928, and the voting age became 18 in 1969.

The British constitution is 'unwritten' — not set out in a single document — because the UK has never had a revolution that created a completely new system. Its institutions include the monarchy, Parliament (Commons and Lords), the Prime Minister, the cabinet, the courts, the police, the civil service and local government, plus devolved governments. The UK is a constitutional monarchy: the monarch is head of state but does not rule; they appoint the party leader who can command Parliament as Prime Minister and can advise, warn and encourage, while decisions are made by the Prime Minister and cabinet. Queen Elizabeth II has reigned since 1952 and celebrated her Diamond Jubilee in 2012; she is married to Prince Philip, Duke of Edinburgh, and her heir is Prince Charles, Prince of Wales. She opens each new session of Parliament with a speech setting out the government's plans, receives ambassadors, makes state visits and provides stability. The national anthem is 'God Save the Queen'. New citizens swear an oath or make an affirmation of allegiance to the Queen, her heirs and successors.

Key facts

  • Chartists' six demands (1830s–40s) — most adopted by 1918
  • 1918: women over 30 vote; 1928: men and women over 21; 1969: voting age 18
  • The constitution is 'unwritten' — no single document
  • Constitutional monarchy: the monarch is head of state but does not rule
  • Queen Elizabeth II: reigned since 1952; Diamond Jubilee 2012; heir: Prince Charles
  • The monarch opens each new parliamentary session with a speech on government policy
  • National anthem: 'God Save the Queen'; new citizens swear or affirm allegiance
Practise this section:7 Test questions3 Exam questions
5.2

Parliament and elections

The UK is a parliamentary democracy divided into constituencies. Voters in each constituency elect a Member of Parliament (MP) at a General Election, and together the MPs form the House of Commons. The party with a majority of MPs forms the government; if no party has a majority, two parties can form a coalition. The Commons is the more important chamber because it is elected. MPs represent everyone in their constituency, help make new laws, scrutinise the government and debate national issues.

Members of the House of Lords (peers) are not elected. Until 1958 all were hereditary peers, senior judges or Church of England bishops. Since 1958 the Prime Minister can nominate life peers, appointed by the monarch; others are nominated by party leaders or an independent Appointments Commission. Since 1999 hereditary peers no longer have an automatic right to sit — they elect a few representatives. The Lords is more independent of government; it can propose laws and amendments and checks laws passed by the Commons, but the Commons can overrule it. Debates are chaired by the Speaker, a neutral MP chosen by other MPs in a secret ballot, who keeps order and makes sure the opposition gets time to debate. General Elections are held at least every five years, and a by-election fills a seat if an MP dies or resigns. MPs are elected by 'first past the post' — the candidate with the most votes wins. Members of the European Parliament (MEPs) are also elected every five years, by proportional representation. You can contact your MP by letter or phone, and many hold local 'surgeries'.

Key facts

  • Each constituency elects one MP; all MPs form the House of Commons
  • The party with most MPs forms the government; otherwise a coalition
  • House of Lords: peers are not elected; life peers since 1958; hereditary peers lost automatic seats in 1999
  • The Commons can overrule the Lords
  • The Speaker is neutral, chosen by MPs in a secret ballot
  • General Election at least every five years; by-election when a seat is vacant
  • MPs: 'first past the post'; MEPs: proportional representation
5.3

The government, parties and local councils

The Prime Minister (PM) leads the party in power, appoints the cabinet and controls many public appointments. The PM's official home is 10 Downing Street, and the country house is Chequers. The PM can be replaced by their party's MPs, and usually resigns after losing a General Election. About 20 senior MPs form the cabinet, which meets weekly: the Chancellor of the Exchequer (the economy), the Home Secretary (crime, policing and immigration), the Foreign Secretary (relations with other countries) and Secretaries of State for areas like education, health and defence.

The second-largest party is the opposition; its leader usually becomes PM if they win the next election, challenges the government at weekly Prime Minister's Questions, and appoints a shadow cabinet. Anyone aged 18 or over can stand as an MP, but winning usually requires backing from a major party — the Conservatives, Labour, the Liberal Democrats or parties for Scottish, Welsh or Northern Irish interests; the few MPs without a party are 'independents'. Pressure and lobby groups try to influence policy — for example the CBI (business), Greenpeace (environment) and Liberty (human rights). Civil servants carry out government policy and deliver public services; they are chosen on merit and must be politically neutral, with integrity, honesty, objectivity and impartiality. Towns, cities and rural areas are run by elected local authorities (councils), funded by central government and local taxes; many appoint a ceremonial mayor. London has 33 local authorities, coordinated by the Greater London Authority and the Mayor of London. Local elections are usually held in May.

Key facts

  • PM's official home: 10 Downing Street; country house: Chequers
  • Cabinet: about 20 senior MPs, meets weekly
  • Chancellor of the Exchequer: economy; Home Secretary: crime, policing, immigration; Foreign Secretary: foreign relations
  • Opposition = second-largest party; it forms a shadow cabinet; Prime Minister's Questions every week
  • Anyone 18+ can stand as an MP; MPs without a party are 'independents'
  • Pressure groups: CBI, Greenpeace, Liberty
  • Civil servants are politically neutral and chosen on merit
  • London has 33 local authorities; local elections are usually in May
5.4

Devolved governments and the media

Since 1997 some powers have been devolved so that people in Wales, Scotland and Northern Ireland have more control over matters affecting them; the Welsh Assembly and Scottish Parliament began in 1999. Defence, foreign affairs, immigration, taxation and social security stay with the UK government, while services like education are devolved; each devolved administration has its own civil service. The National Assembly for Wales sits in Cardiff (in the Senedd), has 60 Assembly Members (AMs) elected every four years by proportional representation, works in Welsh and English, and since 2011 can make laws in 20 areas, including education, health, economic development and housing, without the UK Parliament's agreement.

The Scottish Parliament, formed in 1999, sits at Holyrood in Edinburgh and has 129 MSPs elected by proportional representation; it can make laws on everything not reserved to Westminster, including civil and criminal law, health, education, planning and some taxes. A Northern Ireland Parliament existed from 1922 until 1972; the Northern Ireland Assembly was set up after the 1998 Belfast (Good Friday) Agreement, with power-sharing between the main parties and 108 MLAs elected by proportional representation. It decides on matters such as education, agriculture, environment, health and social services, and sits at Stormont. The UK government can suspend devolved assemblies and has done so several times in Northern Ireland, but the Assembly has run since 2007. Parliament's proceedings are broadcast and published in Hansard. The UK has a free press, and by law radio and TV coverage of political parties must be balanced.

Key facts

  • Devolution since 1997; Welsh Assembly and Scottish Parliament from 1999
  • Defence, foreign affairs, immigration, tax and social security stay with the UK government
  • Wales: National Assembly in Cardiff (Senedd), 60 AMs, elected every four years
  • Scotland: Scottish Parliament at Holyrood, Edinburgh, 129 MSPs
  • Northern Ireland Assembly: 108 MLAs, power-sharing, at Stormont; running since 2007
  • Parliament's official record is Hansard
  • By law, radio and TV coverage of parties must be balanced
5.5

Voting and standing for office

The UK has had a fully democratic voting system since 1928, and the voting age has been 18 since 1969. Adult citizens of the UK, and resident citizens of the Commonwealth and the Irish Republic, can vote in all public elections; resident citizens of other EU countries can vote in all elections except General Elections. To vote you must be on the electoral register, which you can join through your local council (details at www.aboutmyvote.co.uk). The register is updated every September or October, when a form is sent to every household. Northern Ireland uses 'individual registration', where everyone completes their own form. The register can be inspected, under supervision, at the local electoral registration office or some libraries.

Before an election you receive a poll card saying where and when to vote. Polling stations (polling places in Scotland) open from 7.00 am to 10.00 pm. Staff ask your name and address — in Northern Ireland you must also show photo ID — then you mark your ballot paper privately and put it in the ballot box; nobody can make you vote for a particular candidate. You can also register for a postal vote. Most UK, Irish and Commonwealth citizens aged 18 or over can stand for public office, except members of the armed forces, civil servants and people convicted of certain crimes; members of the House of Lords cannot stand for the Commons. Anyone can watch debates from the public galleries of the Commons and Lords — ask your MP for tickets or queue on the day — and visits can be arranged to Stormont, Holyrood and the Senedd.

Key facts

  • Voting age 18 (since 1969); fully democratic system since 1928
  • UK, Commonwealth and Irish citizens can vote in all elections; other EU citizens in all except General Elections
  • You must be on the electoral register; it is updated every September or October
  • Northern Ireland uses individual registration and requires photo ID to vote
  • Polling stations are open 7.00 am to 10.00 pm; you get a poll card beforehand
  • Postal votes are available
  • Cannot stand for office: armed forces, civil servants, people with certain criminal convictions
Practise this section:9 Exam questions
5.6

The UK and international organisations

The Commonwealth is a voluntary association of countries, most of them once part of the British Empire, that support each other and work towards shared goals in democracy and development. The Queen is its ceremonial head, and at the time of the handbook it had 54 members. It has no power over its members, though it can suspend membership, and it is based on democracy, good government and the rule of law.

The European Union began as the European Economic Community, set up by Belgium, France, Germany, Italy, Luxembourg and the Netherlands under the Treaty of Rome on 25 March 1957. The UK chose not to join at first but became a member in 1973; the handbook lists 27 member states, with Croatia joining in 2013, and describes EU law (directives, regulations, framework decisions) as legally binding in the UK. The Council of Europe is separate from the EU: it has 47 members including the UK, protects human rights and drew up the European Convention on Human Rights, but cannot make laws. The UK is a member of the United Nations (set up after the Second World War to prevent war, with more than 190 member countries) and one of the five permanent members of its 15-member Security Council. The UK is also in NATO, a group of European and North American countries that have agreed to help each other if attacked.

Key facts

  • The Commonwealth: 54 member states; the Queen is its ceremonial head; membership is voluntary
  • EEC founded by six countries under the Treaty of Rome, 25 March 1957
  • The UK joined the EEC in 1973
  • Council of Europe: 47 members; European Convention on Human Rights; cannot make laws
  • UN Security Council: 15 members; the UK is one of five permanent members
  • NATO: European and North American countries agree to help each other if attacked
Practise this section:12 Test questions
5.7

The law and the police

Everyone in the UK is treated equally under the law, and residents are expected to know and obey it. Criminal law covers crimes, usually investigated by the police and punished by the courts; civil law settles disputes between people or groups. Examples of crimes: carrying any weapon, even for self-defence; selling or buying drugs such as heroin, cocaine, ecstasy and cannabis; harassing someone because of their religion or ethnic origin; selling tobacco to anyone under 18; smoking in almost any enclosed public place; selling alcohol to, or buying it for, anyone under 18; and drinking in alcohol-free zones. Civil law covers housing disputes between landlords and tenants, consumer rights (faulty goods or services), employment disputes such as unfair dismissal, and debt.

The police protect life and property, prevent disturbances (keep the peace), and prevent and detect crime. Forces are headed by Chief Constables and are independent of government. Since November 2012 the public in England and Wales elect Police and Crime Commissioners (PCCs), who set local priorities and budgets and appoint the Chief Constable. Police community support officers (PCSOs) patrol and support officers. Police must obey the law and not misuse their authority; complaints can be made at a police station, to the Chief Constable, or to the Independent Police Complaints Commission (England and Wales), the Police Complaints Commissioner for Scotland or the Police Ombudsman for Northern Ireland. The UK faces terrorist threats, most seriously from Al Qa'ida; if you think someone is trying to draw you into extremism or terrorism, tell your local police.

Key facts

  • Criminal law: crimes, punished by the courts; civil law: disputes between people or groups
  • Carrying any weapon is a crime — even for self-defence
  • Selling tobacco or alcohol to anyone under 18 is illegal
  • Civil cases: housing, consumer rights, employment, debt
  • Police duties: protect life and property, keep the peace, prevent and detect crime
  • Police and Crime Commissioners (elected since November 2012) appoint the Chief Constable
  • Report anyone trying to recruit you to extremism or terrorism to the police
Practise this section:6 Test questions10 Exam questions
5.8

The courts and legal advice

Judges (the judiciary) interpret the law and make sure trials are fair; the government cannot interfere. If judges find a government action illegal, the government must change its policy or ask Parliament to change the law, and judges can order public bodies to respect people's rights or pay compensation. Most minor criminal cases in England, Wales and Northern Ireland go to a Magistrates' Court, and in Scotland to a Justice of the Peace Court. Magistrates and JPs are usually unpaid members of the community without legal qualifications, supported by a legal adviser; in Northern Ireland cases are heard by a paid District Judge. Serious offences are tried by a judge and jury in a Crown Court (England, Wales, Northern Ireland) or in a Sheriff Court in Scotland; the most serious Scottish cases, such as murder, go to the High Court. Juries are chosen at random from the electoral register — 12 people in England, Wales and Northern Ireland, 15 in Scotland — and must serve unless ineligible or excused. They decide 'guilty' or 'not guilty' (Scotland also has 'not proven'); the judge sets the penalty.

Young people aged 10 to 17 are usually tried in a Youth Court (England, Wales, Northern Ireland), where the public cannot attend and the young person cannot be named or photographed; Scotland uses the Children's Hearings System and Northern Ireland youth conferencing. Civil disputes go to County Courts (in Scotland mostly the Sheriff Court), and larger cases to the High Court (the Court of Session in Scotland). The small claims procedure settles minor disputes without a lawyer — under £5,000 in England and Wales and £3,000 in Scotland and Northern Ireland — and claims can be made online. Solicitors give legal advice and represent clients; Citizens Advice and the Law Society can help you find one, and you should ask about cost at the start.

Key facts

  • Minor crimes: Magistrates' Court (England, Wales, NI); Justice of the Peace Court (Scotland)
  • Serious crimes: Crown Court with a jury (England, Wales, NI); Sheriff Court (Scotland); murder in Scotland: High Court
  • Jury size: 12 in England, Wales and NI; 15 in Scotland
  • Scottish juries can return 'not proven'
  • Youth Court: ages 10 to 17; the public cannot attend
  • Small claims: under £5,000 (England and Wales), £3,000 (Scotland and NI)
  • Magistrates usually work unpaid and need no legal qualifications
5.9

Rights, equality and protection from abuse

Britain's respect for individual rights has roots in Magna Carta, the Habeas Corpus Act and the Bill of Rights of 1689. British diplomats and lawyers helped draft the European Convention on Human Rights, and the UK was one of the first to sign it in 1950. Its principles include the right to life, a ban on torture, a ban on slavery and forced labour, the right to liberty and security, the right to a fair trial, freedom of thought, conscience and religion, and freedom of expression. The Human Rights Act 1998 made the Convention part of UK law, so government, public bodies and courts must follow it. UK law also protects people from unfair treatment because of age, disability, sex, pregnancy and maternity, race, religion or belief, sexuality or marital status; the Equality and Human Rights Commission and similar bodies in Scotland and Northern Ireland can help.

Domestic violence is a serious crime, whether the people are married or living together, man or woman, and a man who forces a woman — including his wife — to have sex can be charged with rape. Victims should get help quickly from a solicitor, Citizens Advice, the police, a refuge, or the 24-hour National Domestic Violence Freephone Helpline (0808 2000 247). Female genital mutilation (FGM) is illegal, including taking a girl abroad for it. Marriage must be entered into freely by both people: arranged marriages that both agree to are acceptable, but forcing someone to marry is a criminal offence. Forced Marriage Protection Orders were introduced in England, Wales and Northern Ireland in 2008 (and in Scotland in 2011); breaching one can mean up to two years in prison.

Key facts

  • Roots of rights: Magna Carta, Habeas Corpus Act, Bill of Rights 1689
  • The UK signed the European Convention on Human Rights in 1950
  • Human Rights Act 1998 brought the Convention into UK law
  • Equal treatment regardless of age, disability, sex, pregnancy, race, religion, sexuality or marital status
  • Domestic violence is a serious crime; forced sex within marriage is rape
  • National Domestic Violence Freephone Helpline: 0808 2000 247 (24 hours)
  • FGM is illegal; forced marriage is a crime; arranged marriages both people agree to are acceptable
  • Forced Marriage Protection Orders from 2008; breach can mean up to two years in prison
Practise this section:4 Test questions3 Exam questions
5.10

Tax, National Insurance and driving

People pay income tax on wages, self-employment profits, taxable benefits, pensions, and income from property, savings and dividends; it pays for services such as roads, education, police and the armed forces. Most employees have tax taken automatically by their employer and paid to HM Revenue & Customs (HMRC) — 'Pay As You Earn' (PAYE). Self-employed people pay through 'self-assessment', which includes a tax return; if HMRC sends you a return, complete it promptly. Almost everyone in paid work also pays National Insurance Contributions, which fund the state retirement pension, the NHS and other benefits; not paying enough can mean losing benefits such as Jobseeker's Allowance or a full state pension. Young people are sent a National Insurance number just before their 16th birthday. A non-UK national can start work without one but should contact the Department for Work and Pensions (DWP) to get one; the number alone does not prove your right to work.

You must be at least 17 to drive a car or motorcycle (16 for a moped) and hold a licence, which needs a theory and practical test. Licences last until age 70, then must be renewed every three years. In Northern Ireland new drivers display an 'R' (restricted) plate for a year. Licences from EU countries, Iceland, Liechtenstein or Norway can be used while valid; other foreign licences only for 12 months, after which you need a UK licence. Vehicles must be registered with the DVLA, road tax paid (with a tax disc shown), and valid insurance held — driving uninsured is a serious crime. Vehicles over three years old need a yearly MOT test.

Key facts

  • PAYE: employers deduct income tax and pay it to HMRC
  • Self-employed people pay tax through self-assessment
  • National Insurance funds the state pension and the NHS
  • A National Insurance number is sent just before your 16th birthday; it does not prove the right to work
  • Minimum driving age: 17 (moped 16); licence valid to 70, then renewed every three years
  • Non-EU foreign licences can be used for 12 months
  • Northern Ireland: new drivers show an 'R' plate for one year
  • Vehicles over three years old need an annual MOT; driving without insurance is a serious crime
Practise this section:9 Test questions6 Exam questions
5.11

Your role in the community

Britain is very diverse but shares values and responsibilities: obey and respect the law, respect others' rights, treat others fairly, behave responsibly, help and protect your family, respect and preserve the environment, treat everyone equally regardless of sex, race, religion, age, disability, class or sexual orientation, work to provide for yourself and your family, help others, and vote in local and national elections. Being a good neighbour helps you settle: introduce yourself, respect their privacy, limit noise, keep your garden tidy and only put rubbish out on collection days.

There are many ways to support your community. Anyone on the electoral register aged 18 to 70 can be selected for jury service. Parents can help in classrooms, join parent-teacher associations (PTAs) and raise money, and adults aged 18 or over can become school governors (school board members in Scotland) who set the school's strategic direction, ensure accountability and monitor performance; in England groups can apply to open a free school. You can join a political party, help at elections (including canvassing — you never have to tell a canvasser how you will vote) and, as a British, Irish or eligible Commonwealth citizen, stand for office. You can volunteer with local services, become a special constable or a magistrate, donate blood or register as an organ donor, and volunteer for charities such as the British Red Cross, Age UK, the NSPCC, Crisis, Shelter, Cancer Research UK, the National Trust, Friends of the Earth and the PDSA. The National Citizen Service gives 16- and 17-year-olds outdoor activities and community projects. Look after the environment by recycling, shopping locally to cut your carbon footprint, and walking or using public transport.

Key facts

  • Shared responsibilities include obeying the law, treating others fairly and voting in elections
  • Jury service: anyone on the electoral register aged 18 to 70 can be selected
  • School governors (school boards in Scotland) must be 18+; no upper age limit
  • Canvassing: you do not have to tell a canvasser how you will vote
  • You can volunteer as a special constable or apply to be a magistrate
  • National Citizen Service: for 16- and 17-year-olds
  • Help the environment: recycle, shop locally, walk or use public transport
Practise this section:3 Test questions6 Exam questions