Absolutely!
This is one of the very few problems with Constitutional Monarchies and Parliamentary Democracies is that it can be very easy for the Leader of the Government to become a bit of a “Despot”.
Now, when I say that, I mean it in the nicest possible way. The Leader of the Government is MORE then likely going to adhere to law and to the Constitution, but he can also force through changes and policies that the people may not like.
This happens when a party forms what’s known as a “Majority Government”.
In the Parliament Building, there are literally “seats”, which, oddly enough, are used by the Members of Parliament to, well, sit on. Each seat represents a riding in the Country. In the United Kingdom, there are currently 659 ridings. Various political parties vie for your votes in each riding by having a representative of their party run in that riding. That person is elected by direct popular vote, and it can then be said that their party “has the riding”. The more ridings a political party wins, the more votes they will be able to cast in the house. (Each Member of Parliament also represents one vote) This is known as "First Past the Post" voting. The trouble with this type of voting is that a party can take control of the House of Commons with far less popular vote than another party!
In the United Kingdom, a party that wins at least 331 seats can be said to be a Majority Government. (But as a matter of point, it is possible for this party to wind up with fewer votes if they appoint members of their own party as the Speaker or Deputy Speakers, who do not usually vote) A Majority Government has not only more seats in the house then any other party, but ALSO commands the majority of ALL the seats in the house. This means that the Prime Minister can basically whip his party in to voting the Party Line (Which is to say HIS line!).
As such he can have his party force his own policies through the House of Commons by virtue of the Majority of votes.
Just as a matter of making a full point, a minority Government is were the party forming the government has more seats then any other party, but does not command the majority of total seats in the house. As such, all of the other parties in the House of Commons could “band” together and vote down bills coming to the House from the Government. We are actually in a Minority Government here in Canada right now.
So, now that we know that a Majority Government can for all intents and purposes rule with an iron fist, we know that that Tony Blair was well with in his legal rights as Prime Minister of the United Kingdom and Northern Ireland in taking the country to war.
HOWEVER, now you get in to some of the odd little quirks of living in a Constitutional Monarchy. The only legal authority in the U.K. that may actually declare war on another country is in fact the Crown. Thus, Her Majesty Queen Elizabeth II is the only person who may legally declare war, so she would have been well with in HER legal rights to tell Prime Minister Blair that the U.K. would not go to war. *
Of course, this didn’t happen as Royal Purgative and Powers are only to be used in times of extreme national troubles. And since Prime Minister Blair’s party commanded the Majority of the House, he (technically) receives the confidence of the majority of voters. So, in-directly, the people of the United Kingdom are the ones who allowed this to take place. (I know, I know, that isn’t how it works in the real world, but constitutional law is FAR removed from the real world!) And if we accept that Prime Minister Blair recommending that Her Majesty declare war because the voters elected his party to a majority government, then we accept that Her Majesty was obligated to follow her Minister’s advice and actually declare the war!
Kind of twisted….
* It is interesting to note that Prime Minister Blair stated that if he could not get the majority of the House to vote for going to war, he would ask Her Majesty to delcare war anyhow. This is of course academic as Mr. Blair had a Majority in the house.
Note to Cowboy; I never said the PM doesn't have to follow the laws. What I said was that with a Majority Government, he can change any law he likes. All but for the good graces of Her Majesty that is.
Comments
Thorough answer and explained well.
by Andy Is Wicked Married to Penal Colony on August 3rd, 2004
Even if he has a majority in the house, the Prime Minister is not permitted to break laws anymore than any other person.
by The Leningrad Cowboy on January 14th, 2005
Absolutely. Cowboy doesn't appear to know what he's talking about
by Anonymous on February 27th, 2006
One wonders, just for a moment, how did the queen feel about this?
by Answers101 on March 18th, 2006