Politics 2.2

• 1997- 2010: Supreme court can issue incompatability e.g over prisoners not able to vote, stopped boris from proroguing parliament, appointed by JAC so no bias, they attempt to be too political at times e.g stopped brexit and it doesn't have much power and can only interpret and conservative 2019 are looking to remove it

  HoL reform - meant to be two parts,more democratic , no bias appointments not government majority e.g Blair lost here but not in HoC,weaker can only delay legislation e.g could only delay brexit and led to a pingpong despite democracy voting for it,not representative
• Devolution- more proportional bodies allows lib dems a chance,less violence in Ireland,Allows countries to deal with their own issues, can lead to unfairness e.g wales under 25 get free prescription,england dont have one,sinn fein and dup collapsed due to electoral system

  HRA - Don't have to go abroad , Parliament still sovereign can amend HRA but also forces it to take into account ECHR, SC can issue incompatibility but this can be ignored, they can also change the laws based on this e.g they Changed FOI to not count monarchy, conservative likely to scrap HRA
• Constitutional reform 2010 onwards?

  Fixed term 2011 Thatcher called election after falklands war it stops this

  Will allow unpopular government for 5 years and can be scrapped 2019 cons, cant tie a vote to quell backbenchers so mps are going to vote with their own conscience e.g john major maastricht treaty

  Can do a good policy right before election time to win votes e.g lower taxes

  Ensures stability but theresa may called for a snap election in 2017 also happened in 2019
• Impact of further devolution: Mayor in England e.g manchester drew attention to restriction rules over lockdown in manchester but their powers are limited as they was placed in higher tier of lockdown anyway

  Recall of MPs punish people e.g fiona lost her seat due to perveting the course of justice but Ian Paisley JR didnt get punish as there wasnt enough elections
• EU withdraw?


  Transition period allowed for the UK, Addressed NI trade issue,

  tyranny of majority, supreme court overstepped to delay brexit

  England parliament: Could reduce north south divide EVEL didnt go far enough, 20% want it only
• Replacing HRA with bill of rights?

  Agree: Judges overdo and act political e.g brexit

  It can clear statements such as degrading treatments

  They prevented prisoners from voting bill of rights will stop this

  2019 tory manifesto threatened it

  Disagree :Frustrate the government, will be reduced by parliament, parliament choose what to follow e.g despite ruling on prisoners right they havent changed law
• For codification: rights better protected labour extended the without trial period, conservative passed investigatory powers act these would be struck down if codified, margaret thatcher abolished greater london council this is a single party initiative and can be stopped

  Against: would make SC political and not independant, UK is flexible could adress guns law after 1996 dublane massacre, allowed 2019 get brexit done
• 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
• Effectiveness of Parliament

  Legislative HoC

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

  HoL ensures legislation is revised amended agriculture bills

  Ineffective: Doesnt produce bills of sufficient legislative quality as government with large majorities rush without scrutiny e.g blair 97-05

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

  HoL is limited defeated in HoC over EU act
• 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 87% two parties

  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
• Ineffective scrutiny?


  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 weakness?


  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 sitting on a bill committee as she would be too critical
• 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
• 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 CMR?


  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?


  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
• 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
• Things that decrease power of cabinet?

  PM with large majorities can disregard cabinet as they know plenty of backbenchers will vote for policies and will accept promotions if cabinet members resign e.g Blair announced Bank of england policy without consulting cabinet

  Some PMs prefer to bully cabinet members into accepting and some are secretive e.g Theresa may only allowed two advisors to write large parts of 2017 manifesto

  PMs use patronage powers to ensure cabinet is loyal e.g BJ only appointed Pro Brexit

  Browns scrapping 10p tax wasnt discussed with cabinet as some threatened to resign
• Increase powers of cabinet?

  PM with low majority need support of cabinet e,g Major was forced to compromise on his maastricht treaty due to his anti eu cabinet

  Some PMs choose to be close with cabinet e.g David cameron chose to give Gove roam over education policies

  Big beasts in cabinet e.g Blair had to accept many brownites to appeal to Gordon Brown in his cabinet
• Presidential PM?


  Election campaigns have become personalised e.g Theresa may PMs have increasingly create space between them and the cabinet and parliament spatial leadership e.g David cameron legalised gay marriage PM relies on advisors and not cabinet e.g theresa may allowed two advisors fiona hill and nick timothy to write 2017 mandate

  PM seek to act independent of parliament in foreign affairs e,g theresa may using royal prerogative in the 2018 syria bombing
• Limit of presidential PM?
personalised elections damage leaders credibility if they lack campaigning skills e.g theresa may image damaged after u turn on policy regarding health and social care

  Spatial leadership isnt possible due to fusion of powers e.g May lost control of payroll vote in 2019 junior ministers could vote

  Over relying on advisors can damage credibility of PM as the poor election after 2017 GE led to theresa may sacking nick timothy and fiona hill Since iraq war parliament has become more assertive e.g David cameron failed to get action against syria in 2013
• Judicial independence ?
Since constitutional reform act 2005 and independent commission recommends candidates for judicial appointment Creation of Sc means there's separation

  Judges have openly criticised government decisions in 2014 the lord chief justice condemned an attempt by government to hold a secret trial for 2013 security act

  Brexit decisions show a willingness to take on the government demonstrating independence the 2019 prorogation case denied the PM the right to suspend the parliament without a vote
• Still some political input into appointments,formal selection responsibility continues to reside with the lord chancellor who is appointed by the PM and can reject first candidate by JAC

  SC is still same power as Lords so its limited

  MP and media question SC e.g 'enemies of the people' headline Parliament can limit the power and independence 2019 conservative manifesto promised to review SC powers after brexit backlash
• SC protecting rights?


  SC can use incompatibility statements under HRA

  SC can interpret ECHR e,g Brewster case confirmed that cohabiting couples enjoyed same pension rights as married couples

  SC enforces law e.g cader vs HM advocate found scottish police were in breach of ECHR

  Asserts common law rights

  Court rules on FOI cases e.g ruled that press had right to publish royal respond that was sent by prince charles
• SC weakness?

  Incompatibility statements arent binding

  SC has no enforcement power

  The rule of law is what politicians say as theres no entrenchment parliaments dominated by governments can overturn rights with a simple act

  Rights have better standing when confirmed by parliament e.g right of way act 2000

  Government has limited FOI act e.g following royal respond the FOI act was extended to exempt the royal family.
• UK SC too powerful?

  Judicial review means judges are too influential e.g SC delayed brexit twice in 2016

  SC makes conflict more likely e,g disputes over immigration,human rights,brexit have increased

  Human rights act (HRA) allows SC to interpret ECHR and issue incompatibility statements which hindre the government to fight terrorism e,g 2019 SC found that home office policy of detaining asylum seekers prior to their removal led to false imprisonment
• UK SC not too powerful?

  Court must wait for a case to be brought before it e.g number of applications for judicial review fell by 44%

  Politicians undermine independence of SC e.g successive governments have set minimum terms for criminal offences and sentencing guidelines for judges

  Courts ensure rights are protected thats it e.g parliament determines the range and scope of rights e.g justice and security act 2013 allowed closed materials proceedings something SC cant stop
• Parliament on executive

  Can veto government legislation e.g Theresa may largest defeat over brexit deal

  Can delay legislation for a year e.g plans to reduce tax delayed for a year

  Can amend legislation e.g government amend internal market bill in 2020 due to pressure from backbenchers

  HOL amended Eu withdrawal act but this was overturned by HOC

  Can dismiss the government in a vote of no confidence e.g James Callaghan’s labour in 19797

• Parliament on executive?

  Backbench rebellion conservative dropped plans to relax trading laws as 27 backbenchers sided with opposition Increase in UQs

  Media and sport select committee in 2020 criticised government ‘lack of effective planning’
• Executive on parliament?


  Very rarely lose in HoCs e.g Blair never lost from 1999-2005HOL weakened by parliament act and salisbury convention Patronage of the PM demands loyalty of party’s MPs e.g removal of whip in 2019 from 21 MPs who voted against conservative show how disloyalty will be pubished
• Brexit Parliament sovereign?


  Prior to brexit it was accepted in the factortame case that eu law had primacy over uk law but now it doesnt

  A party with little majority will struggle to control agenda e.g Par used standing order 24 to initiate its own votes on brexit in 2019

  The sewel convention is not legally binding so parliament can rule in devolved areas e.g SC ruled that devolved bodies cannot reject what parliament passed over brexit
• Brexit Parliament not sovereign?

  It now rests with govern party e.g decision to extend article 50 rested with PM and cabinet

  Popular sovereignty e.g 2016 referendum told parliament what to do

  Devolution means parliament should ask devolved parties to govern
• Due to the majority for the government, the whip system and party loyalty in the Commons, nearly all successful amendments to bills require government backing with only 1% of proposals from non-government parliamentarians succeeding
• 4 types of feminism

  Liberal - public sphere reformist Simone debervouir Betty friedan

  Socialist - Economy Sheila rowbotham revolutionary

  Radical - Private sphere Radical feminism Kate millet

  Post feminists - Criticise feminism say women should move on and focus on other factors e.g race bell hooks