Living and working in the UK: government and law

Know about the British Constitution.

British constitution

A constitution is a set of principles by which a country is governed. It includes all of the institutions that are responsible for running the country and how their power is kept in check. The constitution also includes laws and conventions.

Key constitutional organisations in the UK include:

• the monarchy
• Parliament (the House of Commons and the House of Lords)
• the Prime Minister
• the cabinet
• the judiciary (courts)
• the police
• the civil service
• local government.

There are also devolved governments in Scotland, Wales and Northern Ireland.

The British constitution is not written down in any single document, and therefore it is described as ‘unwritten’. The British system of government has evolved over many years. In countries with a written constitution this has often been drawn up after a single important event (like a revolution) which has led to major changes in the system of government.

Assessment Criteria

• 1.1

  Give a definition of the term ‘constitution’.

• 1.2

  Give examples of different constitutional organisations in the UK.

Know about the UK system of government.

Democracy

Democracy is a system of government in which people choose their rulers by voting for them in elections. (In contrast to other well-known systems such as absolute monarchy, dictatorship, theocracy, oligarchy).

- A representative democracy which is based on power being held by elected representatives.
- An accountable democracy where people can vote for their representatives and vote them out if they do not like the decisions they make.
- A participatory democracy where people can become involved in politics - e.g. joining a party, trade union or pressure group, campaigning in elections.

Candidates do not need to define or use the terms above (other than democracy), simply to understand the basic concepts.

The system of government in the UK is a parliamentary democracy. The UK is divided into parliamentary constituencies. Voters in each constituency elect their member of Parliament (MP) in a General Election. All of the elected MPs form the House of Commons. Most MPs belong to a political party, and the party with the majority of MPs forms the government.

Elections
MPs are elected at a General Election, which is held at least every five years.
MPs are elected through a system called ‘first past the post’. In each constituency, the candidate who gets the most votes is elected.

Houses of Parliament
In the House of Commons, all members are democratically elected. The Prime Minister and almost all the members of the cabinet are members of the House of Commons (MPs). Each MP represents a parliamentary constituency, which is a small area of the country. MPs in the House of Commons:

• represent everyone in their constituency
• help to create new laws
• scrutinise and comment on what the government is doing
• debate important national issues.

Members of the House of Lords are not elected by the people and do not represent a constituency. The House of Lords:

• can suggest amendments or propose new laws
• checks laws that have been passed by the House of Commons to ensure they are fit for purpose
• makes sure that The House of Commons is working in the best interests of the people. 

The House of Commons has powers to overrule the House of Lords, but it does not use them often.

The monarch (king or queen) is the head of state of the UK. The UK has a constitutional monarchy. This means that the king or queen does not rule the country but appoints the government, which the people have chosen in a democratic election. The monarch has regular meetings with the Prime Minister and can advise, warn and encourage, but the decisions on government policies are made by the Prime Minister and cabinet.

Assessment Criteria

• 2.1

  Give a definition of the term ‘democracy’.

• 2.2

  Outline the key elements of parliamentary democracy in the UK.

• 2.3

  Outline the make-up and role of the House of Commons and the House of Lords.

• 2.4

  Outline the role of the monarch in the UK system of government.

Know about the UK’s involvement with international institutions.

1.UK and international institutions

The Commonwealth is an association of countries that support each other and work together towards shared goals in democracy and development. Most member states were once part of the British Empire, although a few countries which were not have also joined.The King is the ceremonial head of the Commonwealth. Membership is voluntary.

The European Union (EU), originally called the European Economic Community (EEC), was set up by six western European countries (Belgium, France, Germany, Italy, Luxembourg and the Netherlands) in 1957. It is a political and economic union of a group of member states that are located primarily in Europe.The UK originally decided not to join this group but it became a member in 1973. In 2016, the British people voted in a referendum to leave the EU. The UK left the EU on 31st January 2020.

Britain is also a member of The Council of Europe, The United Nations, The North Atlantic Treaty Organization (NATO).

Assessment Criteria

• 3.1

  Outline the UK’s involvement with the:

  • Commonwealth
  • European Union.
• 3.2

  Identify other international organisations of which Britain is a member.

Know about the law in the UK.

The law in the UK

Every person in the UK receives equal treatment under the law. This means that the law applies in the same way to everyone, no matter who they are or where they are from.Everyone must obey the law.

Different countries have different laws, but everyone in the UK must abide by the laws in the UK.

Criminal law relates to crimes, which are usually investigated by the police or another authority such as a council, and which are punished by the courts.

Some examples of criminal laws:

• Carrying a weapon: it is a criminal offence to carry a weapon of any kind, even if it is for self-defence. This includes a gun, a knife or anything that is made or adapted to cause injury.
• Drugs: selling or buying drugs such as heroin, cocaine, ecstasy and cannabis is illegal in the UK.
• Racial crime: it is a criminal offence to cause harassment, alarm or distress to someone because of their religion or ethnic origin.
• Selling tobacco: it is illegal to sell tobacco products (for example, cigarettes, cigars, roll-up tobacco) to anyone under the age of 18.
• Smoking in public places: it is against the law to smoke tobacco products in nearly every enclosed public place in the UK. There are signs displayed to tell you where you cannot smoke.

Civil law is used to settle disputes between individuals or groups

Some examples of civil laws:

• Housing law: this includes disputes between landlords and tenants over issues such as repairs and eviction.
• Consumer rights: an example of this is a dispute about faulty goods or services.
• Employment law: these cases include disputes over wages and cases of unfair dismissal or discrimination in the workplace.
• Debt: people might be taken to court if they owe money to someone.

The criminal and civil laws listed above are for exemplar purpose only, and providers do not need to cover all of them; they are also free to cover laws which are not mentioned here, which may be of particular interest or relevance to their learners.

Different types of punishment if you are found guilty of breaking the law include prison sentence, fines, community orders, suspended sentence, tagging.

Assessment Criteria

• 4.1

  State what is meant by ‘equal treatment under the law’.

• 4.2

  Outline the two main types of law in the UK.

• 4.3

  Give examples of different civil and criminal laws in the UK.

• 4.4

  Outline possible consequences for individuals of breaking the law.

Know about courts in the UK.

1.Courts in the UK

As there are some differences between the court systems in England and Wales, Scotland and Northern Ireland, learners should focus on the system of the country in which they are resident.

Criminal courts which try cases relating to criminal law include

in England, Wales and Northern Ireland:

• Magistrates’ Court
• Crown Court

In Scotland: 

• Justice of the Peace Court
• Sheriff Court
• High Court

Magistrates’ and Justice of the Peace Courts deal with minor criminal cases only.Magistrates and Justices of the Peace (JPs) who are members of the local community decide the verdict in each case that comes before them and, if the person is found guilty, the sentence that they are given.

In Northern Ireland, cases are heard by a District Judge or Deputy District Judge.

Crown Courts in England, Wales and Northern Ireland deal with serious criminal cases.The person accused (defendant) is tried in front of a judge and a jury.

In Scotland, serious cases are heard in a Sheriff Court with either a sheriff or a sheriff with a jury. The most serious cases in Scotland, such as murder, are heard at a High Court with a judge and jury.

A jury is made up of members of the public chosen at random from the local electoral register. In England, Wales and Northern Ireland a jury has 12 members, and in Scotland a jury has 15 members.

The jury has to listen to the evidence presented at the trial and then decide a verdict of ‘guilty’ or ‘not guilty’ based on what they have heard. In Scotland, a third verdict of ‘not proven’ is also possible. If the jury finds a defendant guilty, the judge decides on the penalty/sentence.

Civil Courts try cases relating to civil law.

In England, Wales and Northern Ireland:

County Courts deal with most civil law cases such as those where people are trying to get back money that is owed to them, or cases involving personal injury, family matters, breaches of contract, and divorce. More serious civil cases are dealt with in the High Court.

In Scotland:

Most civil cases are dealt with in the Sheriff Court but serious cases are dealt with in the Court of Session.

Assessment Criteria

• 5.1

  Describe the role of:

  • The judge and jury in a Crown or Sheriff’s court
  • The magistrate or Justice of the Peace in a Magistrates’ or Justice of the Peace court.
• 5.2

  Identify which UK courts deal with:

  • Civil cases
  • Criminal cases.