On the Conservative side, only one MP voted against the bill, but the lone dissenter in question was none other than Kenneth Clarke, former Lord Chancellor and Chancellor of the Exchequer.10, 20On the other hand, Jeremy Corbyn imposed a three-line whip on the Parliamentary Labour Party, whose official position was to vote in favour of triggering Article 50, at least initially, in acknowledgement of the national result of the referendum – quite certainly as a sop to pro-“Leave” working class voters in Labour’s heartlands in the Midlands and the North of England. The core of the decision acknowledges that the government cannot unilaterally trigger a policy amounting to a large-scale modification of statute law, especially concerning individual rights initially granted by primary legislation. 22 November 1641 Proposed by John Pym, leader of the Long Parliament, a list of grievances against King Charles I known as the Grand Remonstrance is passed by Parliament. 'Cavaliers', the gentry of the northern and western areas, were Royalists and supported the king. While this Civil War-era trope originally provided journalists with a witty -- yet fairly accurate -- way to describe the “Remain” and “Leave” sides prior to the referendum, the metaphor was soon afterwards expanded to illustrate opposed views both on the role of Parliament and on the nature of the British Constitution, as both have been considerably shaken by a necessary part of improvisation from the UK government in the face of such a daunting, unprecedented task as withdrawing from the European Union. More importantly, Theresa May is now left with the undesirable task of sorting out this constitutional conundrum whilst facing the same game of oppositions Cameron was himself facing. Sign up for our email newsletter for the latest science news. He had a Roman Catholic wife, Henrietta de Maria of France. A constitutional challenge to the separation of powers ? Cavaliers v Roundheads continued. Charles also aroused suspicion, particularly among Puritans, over his intentions regarding the Church following his marriage to a Roman Catholic, Henrietta Maria of France. 25To a certain extent, any Prime Minister’s term in office may be described as divisive along traditional lines of partisanship. 2 R (on the application of Miller and Dos Santos) v Secretary of State for Exiting the European Union, [2017] UKSC 5; [2016] EWHC 2768. While parts of the ruling initially acknowledged that, generally, the power to join (or withdraw from) international treaties falls within the purview of the Crown’s Prerogative powers devolved to ministers,6 the government cannot exercise that power where that might mean changing domestic laws passed by Parliament,7 hereby upholding the reasoning of the High Court. Subject to any restrictions imposed by primary legislation, the general rule is that the power to make or unmake treaties is exercisable without legislative authority”. The country is forced to choose between two camps: Royalists (known as Cavaliers) and Parliamentarians (known as Roundheads). Finally, and perhaps above all, the “Roundhead v Cavaliers” metaphor may also be aptly applied to the divided state of the Conservative party. Also known as Parliamentarians, they fought against King Charles I of England and his supporters, known as the Cavaliers or Royalists, who claimed rule by absolute monarchy and the principle of the 'divine right of kings'. 31 January 2017. 24Whether the metaphor is borrowed from the Civil War era or from a mutiny, the theme of rebellion in the Conservative party has been rife for many years. 27While the EU referendum may have been designed as a short-term solution to the long-term problem of Eurosceptic rebellion within the Conservative party, the “mutiny” is likely to outlast Brexit itself because the issue of Europe has been, and will remain, the crux of many a debate surrounding not only the issue of sovereignty among the Tories, but also the focal point of several layers of polarising matters such as immigration, the economy, the Constitution and the very fabric of British identity. 15Nevertheless, the Supreme Court’s ruling reads less as a wholesale endorsement of the principle of Parliamentary sovereignty than as a careful appraisal of the specific status of European law and domestic statutes derived therefrom, and of the role of the British Parliament regarding the sources of law of the United Kingdom. 5The clearest example of the constitutional nature of the issue was highlighted in a straightforward manner by the legal challenge brought to the courts by Gina Miller against the UK government,2 arguing that the decision to invoke Article 50 of the Treaty of Lisbon was part of Parliament’s, not the government’s, prerogatives. At the very least, the final ruling does appear to strengthen the UK Parliament’s authority, not only when opposed to the government’s influence, but also with regard to the devolved legislatures in Scotland, Wales, and Northern Ireland.8 As a result of Gina Miller’s claim against the government, the Supreme Court was led to examine whether the Scottish Parliament and the Welsh and Northern Irish Assemblies were to be consulted by the government prior to triggering Article 50, but confirmed in its ruling that relations with the European Union were not part of the matters traditionally devolved to them. Following a leadership contest within the Conservative party, Theresa May took over in Downing Street on July 13th and put together a cabinet of her own, with the aim of steering the nation through withdrawal negotiations with the EU. Every issue is packed with our inspirational photography, fascinating features, shopping and travel advice. Despite Corbyn’s orders, a fifth of all Labour MPs (47 out of 229, including Heidi Alexander, former Shadow Secretary of State for Health, and Ben Bradshaw, former Secretary of State for Culture, Media and Sport) voted against the bill.11 However, a large majority of opposition MPs diligently followed the line imposed by their leader although they might have been prominent figures in the “Remain” campaign or despite the fact that their constituencies had voted in favour of remaining in the EU in the referendum. History; 11-14; View more . Concurrently, Gina Miller, a businesswoman and campaigner, brought an action against the Secretary of State for Exiting the EU, staking her claim on the fact that the decision to invoke Article 50 had to fall under the purview of Parliamentary sovereignty rather than the Crown’s prerogative powers exercised by the government, which may be interpreted as a modern adaptation of the “Roundhead” stance of yore. These issues, along with some other factors, led to a fierce war that raged on English soil for years. 17Furthermore, many criticisms levelled at the judges point to a supposed lack of respect for the separation of powers. 23However, the referendum backfired spectacularly, and David Cameron was ironically pushed out of Downing Street by the very measure which was supposed to protect him from challenges to his leadership by the Eurosceptics, whose influence within the Conservative party remains, to this day, a thorn in Theresa May’s side. David Cameron did end up campaigning for the “Remain” side of the referendum but his decision to let this referendum happen allowed him to rein in, albeit for a short period, the Eurosceptic wing and appear in control of his own party. Theresa May then formally invoked Article 50 of the Treaty of Lisbon on March 29th, 2017, thus officially notifying the European Union of the UK’s intention to withdraw from the Union by March 2019. In other words, according to this “Roundhead” approach, only Parliament can undo what Parliament has done. Secondly, the fact that the United Kingdom is the first member state to ever try to leave the European Union means that the government (and EU officials alike) understandably have no choice but to pave their own way. 5 Pannick, D., “Why giving notice of withdrawal from the EU requires an act of Parliament”, The Times, 30 June 2016. It was later adopted by the Royalists themselves. 101: “In light of the terms and effect of the 1972 Act, and subject to considering the effect of subsequent legislation and events, the prerogative could not be invoked by ministers to justify giving Notice: ministers require the authority of primary legislation before they can take that course”. 7 [2017] UKSC 5, para. 16The decisions of the High Court and of the Supreme Court were met with polarising – though quite predictable – reactions from the press. If the Civil War-era metaphor is to be applied, then Theresa May and a large part of the Conservative government of the day adopt a stance similar to that of the Cavaliers of the 1640s in their belief that Parliamentary authority can be circumvented and transferred to an individual (whether in the hands of the Stuart-era monarch or of today’s Prime Minister). Choose from 12 different sets of Cavaliers and Roundheads flashcards on Quizlet. Natasha Syed Soon after ascending to the English throne, King Charles I became embroiled in a series of arguments with Parliament over his insistence of raising taxes without its authorisation. docx, 134 KB. The representative function of MPs : party versus constituency. 13 “EU Referendum results”. Monarchy was restored under Charles II and the constitutional crisis was seemingly settled by the Glorious Revolution, when newly-crowned King William III was presented with the Declaration of Rights, which was formally passed by Parliament as the Bill of Rights in 1689. As the saying goes, the Cavaliers were wrong but romantic, whilst the the Roundheads were right but repulsive. Author: Created by benjaminobaker2. 16 December 1653 Oliver Cromwell declares himself Lord Protector. Since 1649 history has swapped sides over the heroes and villains of the Civil War. Perspectives britanniques, irlandaises et internationales, L'Irlande du Nord dans un Royaume en turbulences, Les services publics au Royaume-Uni et en France face aux politiques d'austérité, L'engagement en Ecosse autour de l'enjeu de l'indépendance, La gouvernance des politiques publiques au Royaume-Uni depuis 1997, Politiques familiales et politiques d’emploi « genrées » au Royaume-Uni et en Europe, Les signes religieux dans l’espace public, La nouvelle donne politique en Grande-Bretagne (2010-2012), Londres : capitale internationale, multiculturelle et olympique, Les politiques économiques des années Brown 1997-2010, Nouvelle gestion publique et réforme des services publics sous le New Labour, Le Parti conservateur britannique aujourd’hui, Les politiques de retour à l'emploi en Grande-Bretagne et en France, La Grande-Bretagne entre modèle américain et social-libéralisme, Portail de ressources électroniques en sciences humaines et sociales, Crown Prerogative versus Parliamentary sovereignty. By running such headlines, tabloids suggest that the people’s vote in the referendum is fully binding and unquestionable, thus strengthening their populist nature and trying to stir up a resentment of the judicial branch amongst their readership. May 1641 Sir Thomas Wentworth, Earl of Strafford and Lord Lieutenant of Ireland, one of Charles I’s allies, is executed for high treason for urging the king to use Irish forces to launch a military coup against Parliament. A Civil War re-enactment within the Conservative party ? Understandably, the phrase “constitutional requirements” could -- and was -- construed differently by supporters of Parliament and of the government. The country is forced to choose between two camps: Royalists (known as Cavaliers) and Parliamentarians (known as Roundheads). This legal case, in which the claimant largely relied on the “Roundhead” notion of Parliamentary sovereignty, gained much attention in the media as it was heard by the High Court in November 2016, and then allowed a “leapfrog” appeal to the Supreme Court, which upheld Miller’s claim on January 24th, 2017. However, the Commonwealth soon collapses and Charles II is asked to return from exile. The Times, “Remaking Europe” (Editorial), 18 June 2016, https://www.thetimes.co.uk/edition/comment/remaking-europe-h7lcgs8bw, last retrieved 17 November 2017. n the middle of the 17th century, Britain was devastated by a civil war that divided the nation into two tribes - the Roundheads and the Cavaliers. Rump Parliament . 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