In parliamentary systems of government, the term loyal opposition is applied to the opposition parties in the legislature to indicate that the non-governing parties may oppose the actions of the sitting cabinet – typically comprising parliamentarians from the party with the most seats in the elected legislative chamber – while maintaining loyalty to the source of the government's power. The concept thus permits the dissent necessary for a functioning democracy, as the policies of the governing cabinet can be challenged without fear of being accused of treason against the state.[1] The idea of inquisitorial opposition that held the executive to account emerged in Great Britain.
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The notion of a loyal opposition exists in various Commonwealth realms, being therein termed formally as Her (or His) Majesty's Loyal Opposition and informally as the Official Opposition,[2] with the head of the largest opposition party – normally that which holds the second largest number of seats[2] – designated as the Leader of Her (or His) Majesty's Loyal Opposition. This tradition emerged in the oldest of the Commonwealth realms — the United Kingdom — during the 18th century,[3] but it was not until a debate in the British parliament in 1826 that John Hobhouse coined the term His Majesty's Loyal Opposition.[1][3] As a consequence of this parliamentary evolution, the sovereign's right to the throne became more concrete, seeing the opposition scrutinise government legislation and policies, rather than engage in disputes between competing candidates for the Crown, each supported by different religious and economic groups.
The eventual acceptance of the fact that there could be such a thing as a "Loyal Opposition" in Parliament was a major factor in the development of a rigid party system in the United Kingdom. It meant that Members of Parliament were free to oppose the Sovereign's ministers without being seen to be disloyal to the Crown itself, thus eliminating the major deterrent to the development of opposing parties which was the idea that there could only be one "King's Party" and that to oppose it would be disloyal or even treasonous.
The concept of a "loyal" parliamentary opposition came to be rooted in the other countries due to their being former British colonies, to which British parliamentary institutions were transported. Thus, the phrase His Majesty's Loyal Opposition existed in some Commonwealth realms even before the title of prime minister.[1] Also, in federal countries, such as Canada and Australia, the phrase Her Majesty's Loyal Opposition is also employed in provincial or state legislatures, in the same fashion as in other parliaments.[4]
The idea of loyal opposition in the United States was formed during the rivalry between Thomas Jefferson and Alexander Hamilton and the peaceful transfer of power when Jefferson won the presidential election.[citation needed]
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