Politics UK 2

• Constitution is a set of rules that regulate the system of government

  Main stages:

  Magna Carta 1215 - government operate within the law and the law is equal

  Bill of rights 1689 - idea of sovereignty of parliament

  Act of settlement 1701 - monarchs position

  Parliament acts - limited house of lords

  European communities act 1972 entered UK in EU

  EU 2020 - made UK leave EU
• Uncodified and unentrenched so its not written and found in multiple places such as statue law and conventions

  Unentrenched can be changed by one single act of parliament

  Parliament sovereignty
• Conventions are informal practices which have become accepted ways of doing things, they aren't legally binding but if broken it would cause political instability
• Sources of constitution?


  Statute law - law passed by parliament e.g human rights act 1998

  Constitutional conventions - unwritten laws which are considered to be binding e.g salisbury conventions

  Treaties - agreements with external bodies e.g echr

  Common law - rules that have been passed down through various judgements e.g freedom of expression.
• Constitutional reforms? 1997-2010


  Devolution - Needed to be more democratic was too centralised

  Human rights act 1998

  HoL reform - reduced members

  Freedom of information act 2000 - grants legal right to individuals to access information held by public bodies

  Creation of supreme court - 12 judges out of HoL into supreme court
• Constitutional reforms 2010 - present?

  Fixed term parliament acts 2011 - made general elections every 5 years called earlier if 2/3 HoC approved it or if vote of no confidence

  Further devolution

  Recall of MPs act 2015 - order mps to face an election if they are guilty of misconduct

  Eu withdrawal 2020 - UK leaves EU.
• Devolution?


  Positives:

  makes the devolved bodies deliver different policies than Westminister

  Power sharing in ireland has reduced violence

  AMS and STV are used in devolved bodies and are more proportional thus prevent single party domination

  Negatives:

  Unfair - all welsh people under 25 can get prescriptions not in england

  Uncertainty if non english MPs should vote for english matters

  Other electoral systems can lead to coalitions e.g 2017 fein and dup coalition collapsed.
• HRA Positives:

  Allows uk citizens to appeal to uk courts instead of going abroad to fight for rights

  balances parliament sovereignty

  Limits power of government as supreme court can issue incompatibility

  Negatives:

  Gives unelected judges too much power

  HRA isnt enough as its not entrenched can be scrapped by parliament

  Government and parliament can ignore incompatibility
• HoL reform positives:

  More democratic

  ended inbuilt conservative majority in chamber

  Government cannot choose whose in chamber

  Negatives:

  Was meant to be two steps

  Doesn't have enough power to hold government to account as salisbury convention

  Prime ministers still influential in awarding the members
• Supreme court positives:

  Able to challenge government e.g prevented boris johnson from proroguing parliament in 2019

  Appointed by commission preventing bias

  Negatives:

  Doesn't have more power than body it replaced can only interpret laws by parliament

  Its power can be taken away by parliament e.g 2019 conservative are thinking of doing so

  2017 miller case they denied government the ability to trigger article 50 thus they are becoming too political
• Fixed Parliament acts 2011

  Positives: Prevents prime ministers from calling for GE when popular e.g thatcher did after popularity from falklands war

  Can't tie a vote to a vote of no confidence thus mps are likely to vote their own conscience

  ensures political stability

  Negatives: Could allow unpopular government to stay, 2019 conservative said they may scrap it

  Theresa may still called for snap election in 2019 due to opinion poll advantage.
• Further devolution?


  Positives:New elected mayors in england means better representation e.g mayor of manchester drew attention to lack of consultation by government during covid 19

  Negatives:Scotland still want more e.g interest control

  Mayors have limited powers e.g 2020 greater manchester was placed in higher tier of lockdown despite mayors efforts.
• EU withdrawal positives:greater legitimacy to conservative victory in 2019

  Northern Ireland trade issue fixed

  Transitional period

  Negatives:Still very decisive

  New trading arrangements for rest of UK compared to Northern Ireland
• EVel positive 2016:Fixes west lothian question

  Negatives:MPS can still vote on the final reading of the bill EVEL gave the ruling conservatives an unfair advantage since it won a majority of english seats.
• Recall of MPs act 2015?


  Positive:allows mps to be properly punished e.g fiona lost her seat after the speaker agreed to trigger a recall petition in 2019

  Negatives:a recall doesn't guarantee corruption will be punished e.g despite suspension ian paisley didnt have to face a by election

  They can still stand in the next election
• Further constitutional reforms?


  Devolution

  Replacing HRA with Bill of rights

  In favor of codifying the UK constitution
• Devolution for england?


  Could sit outside london reducing citys political dominance

  Fully remove west lothian question

  English identity under threat from immigration - can be stopped

  Negatives:

  Would damage need for UK parliament

  Under 20% of public want it and EVEL already deals with west lothian question.
• HRA for BRA?


  Judges in HRA get too political

  Bill of rights could clarify convention rights e.g 'degrading treatment and punishment' to be more clear

  Bill of rights would stop unpopular rulings like UK breaching prisoner rights

  HRA undermine parliament sovereignty e.g UK have to implement judgements of ECHR

  Bill of rights would be more modern

  HRA is too easily changed and at risk of things like 2019 manifesto

  Negatives: Don't know what the BRA will contain
• Codification positives?


  Better protected right e.g Labour extended detention without trial period during conservatives passing the investigatory powers act this can be stopped by codification

  Can still be flexible, prevents single party initiatives e.g abolition of greater london council

  Strengthen powers of governmental scrutiny

  Greater clarity
• Codification negatives
?


  Undermine parliamentary sovereignty

  Lose flexibility in its constitutional arrangements e.g UK was quick to restrict guns after 1996 massacre

  Allows government to govern e.g get brexit done

  Can force supreme court into political power

  Who would write it?
• Backbenchers Positives?


  Can defy the whip and vote against government e.g in 2020 38 backbenchers voted against conservatives to allow huawei to be used

  BBC has allowed backbenchers a greater say on which issues are discussed e.g 2020 secured a debate on awareness on teenage cancer

  Have more power in hung parliaments e.g 2017-19 lot of urgent question

  Negatives: Less influence when majority government

  Party whips still control vast majority of voting as they risk promotions by rebelling

  BBC debates often not in HoC so little impact
• Opposition is all parties that arent part of government

  Backbenchers are not front benchers

  Whip tries to make party members vote together
• Salisbury convention means HoL cant introduce legislation

  Parliament act means HoL can only delay for a year and cant have financial control

  Both houses scrutinise and HoC can dismiss them with a vote of no confidence
• Effectiveness of Parliament

  Legislative

  HoC Provides plenty ways for backbenchers to influence decisions improving legislation e.g Abortion act

  HoL ensures legislation is revised

  Ineffective: Doesnt produce bills of sufficient legislative quality as government with large majorities rush without scrutiny

  Government dominate the legislative agenda only 6% of private bills become laws

  HoL is limited
• Parliament representative: Minorities have increases females gone from 118 to 220 in 18 years

  Elections to HoC help reflect public opinion e.g 2019 shows publics want to end gridlock over brexit

  Ineffective:Less than 10% of MPs are bame ethnicity

  FPTP is unfair

  Two party domination

  MPs are bias to the party leader as they care about their own career
• Parliament scrutiny effective?


  Parliament questions help accountability between 2017-19 they allowed 173 UQs to be tabled

  United opposition can provide effective scrutiny in 2009 the opposition won the issue of soldiers having right of residence in UK.

  HoL is effective as theres no conservative majority Government suffered 69 defeats in HoL

  Minority government will struggle and will face more scrutiny as they wont win enough opposition votes
• Parliament scrutiny ineffective?


  Some questions are less useful as governments ask their own backbenchers to ask planted questions

  The opposition often divided e.g Labour divided on wether to launch military action in 2015

  HoL limited due to acts passed led to Ping pong over EU withdrawal act 2020

  Government with large majorities arent challenged properly 1997 - 2004 Labour didnt face a single defeat in HoC
• Select committee?


  40% of their reports taken seriously - effective

  Can only advise government which is non binding - ineffective

  Enjoy lots of freedom no whips serve and yvette cooper took select committee over labour front bench so theres little bias in wanting a career by committees - effective

  Power to compel weaknesses is weak e.g theresa may blocked them from interviewing head of MI5 in 2013 - ineffective
• Select committee?

  Governing party has a majority of seats on every committee and the chair may not be independant - ineffective

  Don't all work by consensus lack cross party cohesion e.g in may 2018 conservative was too pro remain these divides allowed government to ignore the committee.

  Can still be bias by wanting promotion to be part of government e.g Rory stewart joined theresa may
• Public committee?


  Not effective: Non government amendments is below 1% they are dominated by whips They are only involved in the latter stage

  Lack expertise because they are dominated by the whip in 2011 a conservative backbench mp was prevented from being a bill committee as she would be too critical
• Reform of parliament?


  Making HoL elected: Negatives:

  Would make both houses have a government majority

  Would remove wisdom and independant of peers

  Could result in a gridlock since parliament act limits the chambers powers would become unjustified

  Positives:Still 92 unelected peers , would be able to stand up to government as no salisbury convention

  Lack of diversity can be changed
• Role of executive or government

  Implement legislation, propose budget,make policy decisions, foreign policy,responding to crisis

  PM and advisors

  Cabinet of 20-25 senior ministers appointed by PM

  PM leader of governing party

  Cabinet: Appointed by PM, includes chief whip
• Individual minister responsibility? Limits


  Should resign if make a serious error , Gavin williamson approved an algorithm that downgraded A level results but stayed in post

  Should accept responsibility, Chris Gayling didn't resign after wrongfully awarding a company in 2019

  If a minister's personal conduct falls short of whats expected they should leave office, In 2020 priti patel didnt resign after she bullied civil servants.
• Limits to collective responsibility?

  CMR extends to policies the governing party agrees to e.g during coalition 2010-15 CMR was abandoned for policies where disagreement such as trident nuclear missile system renewal

  Issues may divide cabinet e.g Divides over brexit Spilled out into the open during theresa mays tenure

  Referendums usually involve members of the cabinet campaigning on different sides e.g 5 of david camerons cabinet campaigned to leave the EU in 2016

  PM with insufficient authority cannot dismiss ministers who are disloyal e.g theresa mays no majority in 2017
• Patronage ?Ability to appoint and dismiss cabinet and ministers

  PM has to satisfy various factions within the political party e.g thatcher had to appoint people who disagreed with new right

  Safer to have potential rivals in cabinet bound under CMR then in backbench e.g BJ was appointed by Cameron and May

  Type of government affects patronage e.g coalition the PM has to appoint MPs from the other party

  Ministers may refuse a job
• Royal prerogative - powers passed from monarch?


  PM considered the commanded of armed forces theresa may authorised bombing of syria without a vote in HoC

  PM is effectively chief diplomat since they are able to sign treaties and enter into negotiation with other countries

  PM has huge influence in deciding date of next election thatcher called for 1983 election to capitualise on popularity after falklands war
• Limits to prerogative?


  PM should only make military commands with parliament agreement e.g vote on Iraq war

  Treaties can be undone by parliament confirmed by Supreme court

  Fixed term parliament act recently passed so they need supermajority to call election early e.g Boris Johnson in 2019
• Parliament Majority:

  Blair didnt lose from 1997- 2005 but loss when we lost half his majority in 2006 in HoC

  Conservative could pass laws in 2015 with majority that they couldnt during coalition , with only a small majority the tories lost a vote on loosening trading laws in 2016

  BJ's majority allowed him to steer brexit through, theresa may couldnt in 2017 as she didnt have majority
• support of party?


  Most conservative united around thatchers privatisation programme after 1987 GE majority

  Despite Browns unpopularity as PM not a single labour MP attempted to hold a leadership contest

  Despite the remain/leave divide in the tory party only one tory MP voted against triggering article 50

  BJ removed the whip of several remain MPs and replaced by pro brexit candidates thus no one voted against EU withdrawal act 2020
• Lack of support in party?


  Splits over Europe and introduction of poll tax led to thatcher resigning lack of support from tory backbenchers

  Brown still had few MPS willing to defend him

  May accepted she would step down as PM after brexit completed after surviving vote of no confidence

  BJ conservative party remain divided over size of government with neo liberals fearing increase in spending and one nation calling for public investment