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Conservative Party.doc
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[Edit] "Presidential" Premiership

The role and power of the Prime Minister have been subject to much change in the last fifty years. There has gradually been a change from Cabinet decision making and deliberation to the dominance of the Prime Minister. As early as 1965, in a new introduction to Walter Bagehot's classic work The English Constitution, Richard Crossman identified a new era of "Prime Ministerial" government. Some commentators, such as the political scientist Michael Foley, have argued there is a de facto "British Presidency". In Tony Blair's government, many sources such as former ministers have suggested that decision-making was centred around him and Gordon Brown, and the Cabinet was no longer used for decision making.[81] Former ministers such as Clare Short and Chris Smith have criticised the lack of decision-making power in Cabinet. When she resigned, Short denounced "the centralisation of power into the hands of the Prime Minister and an increasingly small number of advisers"[82] The Butler Review of 2004 condemned Blair's style of "sofa government".

Prime Ministers may dominate the Cabinet so much that they become "Semi-Presidents". Examples include William Ewart Gladstone, David Lloyd George, Neville Chamberlain, Winston Churchill, Margaret Thatcher, and Tony Blair. The powers of some Prime Ministers waxed or waned, depending upon their own level of energy, political skills or outside events: Ramsay MacDonald, for example, was dominant in his Labour governments, but during his National Government his powers diminished so that he was merely the figurehead of the government. In modern times, Prime Ministers have never been merely titular; dominant or somewhat dominant personalities are the norm.

Generally, however, the Prime Minister is held responsible by the nation for the consequences of legislation or of general government policy. Margaret Thatcher's party forced her from power after the introduction of the poll tax; Sir Anthony Eden fell from power following the Suez Crisis; and Neville Chamberlain resigned after being criticised for his handling of negotiations with Germany prior to the outbreak of World War II, and for failing to prevent the fall of Norway to the Nazi onslaught.

The Prime Minister's powers are also limited by the House of Commons, whose support the Government is obliged to maintain. The Commons checks the powers of the Prime Minister through committee hearings and through Question Time, a weekly occurrence in which the Prime Minister is obliged to respond to the questions of the Leader of the Opposition and other members of the House. In practice, however, a Government with a strong majority need rarely fear "backbench rebellions".

[Edit] Powers and constraints

When commissioned by the Sovereign, a potential Prime Minister's first requisite is to "form a Government" – create a cabinet of ministry that has the support of the House of Commons, of which they are expected to be a member. The Prime Minister then formally kisses the hands of his Sovereign, whose royal prerogative is thereafter exercised solely on the advice of the Prime Minister and Her Majesty's Government ("HMG"). The Prime Minister has weekly audiences with the Sovereign, whose functions are constitutionally limited "to advise, to be consulted, and to warn"; the extent of the Sovereign's ability to influence the nature of the Prime Ministerial advice is unknown, but presumably varies depending upon the personal relationship between the Sovereign and the Prime Minister of the day.

The Prime Minister will appoint all other cabinet members (who then become active Privy Councilors) and ministers, although consulting senior ministers on their junior ministers, without any Parliamentary or other control or process over these powers. At any time, he may obtain the appointment, dismissal or nominal resignation of any other minister; he may resign, either purely personally or with his whole government; or obtain the dissolution of Parliament, precipitating the loss of all MPs' seats and salaries and a general election (Ministers will remain in power pending the election of the new House of Commons). The Prime Minister generally co-ordinates the policies and activities of the Cabinet and Government departments, acting as the main public "face" of Her Majesty's Government.

Although the Commander-in-Chief of the British Armed Forces is legally the Sovereign, under constitutional practice the Prime Minister, with the Secretary of State for Defence whom he may appoint or dismiss, holds power over the deployment and disposition of British forces, and the declaration of war. The Prime Minister can authorise, but not directly order, the use of Britain's nuclear weapons and the Prime Minister is hence a Commander-in-Chief in all but name.

The Prime Minister makes all the most senior Crown appointments, and most others are made by Ministers over whom he has the power of appointment and dismissal. Privy Counsellors, Ambassadors and High Commissioners, senior civil servants, senior military officers, members of important committees and commissions, and other officials are selected, and in most cases may be removed, by the Prime Minister. He also formally advises the Sovereign on the appointment of Archbishops and Bishops of the Church of England, but his discretion is limited by the existence of the Crown Nominations Commission. The appointment of senior judges, while constitutionally still on the advice of the Prime Minister, is now made on the basis of recommendations from independent bodies.

Peerages, knighthoods, and other honours are bestowed by the Sovereign only on the advice of the Prime Minister. The only important British honours over which the Prime Minister does not have control are the Orders of the Garter, Thistle, and Merit; the Royal Victorian Order; and the Venerable Order of Saint John, which are all within the "personal gift" of the Sovereign.

The Prime Minister appoints Ministers known as the "Whips", who use his patronage to negotiate for the support of MPs and to discipline dissenters of the government parliamentary party. Party discipline is strong since electors generally vote for parties rather than individuals. Members of Parliament may be expelled from their party for failing to support the Government on important issues, and although this will not mean they must resign as MPs, it will usually make re-election difficult. Members of Parliament who hold ministerial office or political privileges can expect removal for failing to support the Prime Minister. Restraints imposed by the Commons grow weaker when the Government's party enjoys a large majority in that House, or in the electorate. In general, however, the Prime Minister and their colleagues may secure the Commons' support for almost any bill by internal party negotiations with little regard to opposition MPs.

However, even a government with a healthy majority can on occasion find itself unable to pass legislation. For example, on January 31, 2006, Tony Blair's Government was defeated over certain aspects of proposals to outlaw religious hatred, and, on November 9, 2005, was defeated over plans which would have allowed police to detain terror suspects for up to 90 days without charge. On other occasions, the Government alters its proposals in order to avoid defeat in the Commons, as Tony Blair's Government did in February 2006 over education reforms.[83]

Formerly, a Prime Minister whose government lost a Commons vote would be regarded as fatally weakened, and his whole government would resign, usually precipitating a general election. In modern practice, when the Government party has an absolute majority in the House, only the express vote "that this House has no confidence in Her Majesty's Government" is treated as having this effect; dissentients on a minor issue within the majority party are unlikely to force an election with the probable loss of their seats and salaries, and any future in the party.

Likewise, a Prime Minister is no longer just "first amongst equals" in HM Government; although theoretically his Cabinet might still outvote him, in practice he progressively entrenches his position by retaining only personal supporters in the Cabinet. In periodical reshuffles, the Prime Minister can sideline and simply drop from Cabinet the Members who have fallen out of favour: they remain Privy Councillors, but the Prime Minister decides which of them are summoned to meetings. The Prime Minister is responsible for producing and enforcing the Ministerial Code.

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