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Statute Law
Common Law (Precedent)
Royal Prerogative
Convention
Works of Authority
Refers to Acts of Parliament
Voting Rights Act 1965
Years of legal judgment and previous cases/judicial precedent
Murder is a crime
Privilege that the monarch has but usually given and granted to PMs/ministers
Proroguing of parliament in 2020 by BoJo
Generally agreed upon rules that parliament follows
Salisbury - Adison, Lords will allow Labour Manifesto pledges) and not block them
Magna Carta 1215
Bill of Rights 1689
Parliament Acts 1911 & 1949
EU Communities Act 1972
First time right to a fair trial was granted
Only four clauses remain unreleased to this day
Dominance of parliament over the monarch
No taxation sin representation
Parliament meets every SINGLE year
Ordinary people didn’t get any more rights though
Severely reduced the power of the Lords as they could now only veto a bill for 1 year and not any longer
Education and defence
Agriculture fishing and trade
House of Lords Act 1999
Constitutional Reform Act 2005
House of Lords Reform Bill 2012
House of Lords Reform Act 2014
Removed all but 92 hereditary peers and create a ‘Peoples Peer’ post (were peers could be nominated for life to)
Now the House of Lords became much more diverse and no longer Conservative dominated
Nevertheless, the UK still remained the only democracy in the world without an elected 2nd chamber
Created the British Supreme Court, which replaced the Law Lords
Created a clear separation between the Judicial and Exec Branches
Too much power still remained in the hands of unelected officials
20% rule = Proposed that the Lords should feature 80% elected peers and 20% hereditary peers
It was axed by 91 Tory backbenchers
Gave Peers the right to resign
Allowed for Peers to be removed for non-attendance like Lord Steel
Scotland and Wales Acts 1999
Greater London Authority Act 1999
EU Parliamentary Elections Act 1999
Fixed Term Parliaments Act 2011
Changed the UK EU Parliamentary election system from FPTP to closed-list system
Smaller parties won, like: BNP and UKIP
Wasn’t very popular with the public as it didn’t increase demand for other voting system like AV in the 2011 referendum (only 42% turnout)
It made it a requirement that the PM ‘Amorino Must Have’ 2/3 of parliament support to call an early general election
Human Rights Act 1999
Freedom of Infomoration 2000
Equality Act 2010
Protection of Freedoms Act 2011
Increase protection of individual rights
Allowed Law Lords to infringe upon elected parliament action like Belmarsh 2004
They must have an ‘Information Office’ and reply within 20 days
They must make certain information publicly and freely available like on their websites for example
Only 40% of requests were fully responded to
35% of requests were outright rejected
The information would create an National Security Risk
The information would be unreasonably expensive to gather
The information creates a commercial clash
Removed ability for PMs to ‘go to country’ early when polls appear favourable (Blair did this in 2001)
The Lib Dems passed the act to maintain and improve stability or to ensure they wouldn’t be voted in a G.E out of government when the Cons gained support
BoJo passed the Early Parliamentary Elections act 2019 which overturned this act
Voter cards to prevent fraud
Voting age to become 16
Mandatory voting
Yes because…
Uk is only country in the world that doesn’t have a codified
Convention can be overturned like Boris Johnson in 201
Codification would reduce the concentrentration
No because…
Lack of public desire for it (42% turnout in 2011 on AV?
Uk traditions are ever-changing and currently well served by the Constitution
Would lead to a completely un-elected S.C having a lot more power
Bakery didn’t want to bake a cake celebrating gay marriage
.
.
House of Lords lost power due to the parliament Acts of 1911 and 1949
First Female MP was in 1919
220 Women MPs elected in 2019
Less opportunity for independent voting due to centralised control (whipping)
However, exceptions are present as T. May was constrained due to backbench pressure so couldn’t get her Brexit deal through
Brought forward by MPs whom of which 20 are drawn out of a random ballot each year. The winner is then approached by Pressure Groups or they accept government handout bills
However, they can easily be blocked if an MP speaks for the whole-time limit (like during the 2016 Turing Bill)
Usually mainly focus on raising attention on a issue of an MP’s constituency rather than passing legislation
All bills must be uncontroversial
However, the Cooper-Letwin Act Brexit deal of 2019 went against the PM but was still passed and blocked a no-deal Brexit going against May's ability to leave with No-deal
GOOD:
Constituencies are present in all areas of the UK
There are many parties in the commons (14)
Increasing amount of diversity like 6% of MPs are gay and in 2010 there was the first Chinese MP
BAD:
Constituencies vary massively in population size (Highlands v Isle of White)
Only two parties dominate due to FPTP
Women are still under represented (33%) and gays are over-represented
It is when MPs follow the theory that they have been entrusted by the people to apply their own expert judgement to decisions
Votes of conscience example was the Same-Sex Marriage Bill as it didn’t appear in any party manifesto and so Burkean theory was applied
It’s when MPs follow the will of their constituents exactly
Stephen Lloyd MP of Eastbourne in 2017 went against Lib-Dem position and supported LEAVE (as his constituents did)
However, he was later out-voted in 2019 so the theory could actually not be true
MPs primarily have their seat to carry out party policies, not constituents needs
Frank Field 2017 resigned as Labour MP and then stood as an Independent but lost his seat forever!
The need for the executive to pose certain decision to parliament means that it can go against executive wishes (happens due to convention)
Syria vote - Dodgy Dave wanted to bomb Syria but he had to pose the question to parliament and whether to do so but parliament said no (overwhelmingly)
It makes it so that MPs are exempt from laws of slander
Lord Hain name-dropped Phillip Green as the person who had committed sexual abuse but ‘The Telegraph’ had been blocked from reporting on
Diana Johnson raised an emergency debate about blood contamination as there were cases of HIV and Hepatitis C
Effective:
Boris Johnson was scrutinised by Keir Starmer, awareness of Partygate, which eventually led to resignation.
PMQs address up-to-date and recent issues. For example, during PMQs, Keir Starmer challenged Rishi Sunak on rising energy prices, so the Energy Price Guarantee introduced to cap energy bills
High media presence, a YouTube channel and social media reels
Not Effective:
Only 12% of the population say they feel proud of the government during PMQs.
PMQs can lead to patsy questions
Can divert policymaking attention to point-scoring and petty disputes.
During the committee stage - backbenchers who scrutinise bills line by line
PROS:
Allow backbenchers to have more input more than usual
They make important changes to gov bills (added protections for journalists - Digital Security Act 2016)
Opportunities for Pressure Groups to bring forward their views (increasing pluralism)
CONS:
Gov always has majority in the public bill committee (so greater changes are unlikely)
Temporary nature of membership causes lack of expertise in area (possible bad decisions)
Party whips decide membership so only loyal member are put inside
They uncover government scandals, keep ministers accountable and make reports open to the public
THEY ARE:
Select committees can summon witness to speak
Home Affairs Amber 2018 Windrush scandal, lead to resignation
Many committee chairs are from minority parties
PublicAccountsCommittee investigated the government’s handling of COVID-19 contracts, exposing waste of funds
Their media media mentions have increased significantly since 2008
Digital Committee investigated Facebook’s role in the Cambridge Analytica data scandal, increasing calls for regulation of data handling of social media platforms
THEY AREN’T:
El partido gubernativo always has a majority on the committees
Conservative majority on 2021 Health and Social Care committee did not issue direct blame on ministers for handling of pandemic, as led by a majority
People who are questioned can give incomplete answers or vague responses
2016 D. Cameron did not provide clear responsibility for the post-war instability in Libya caused by UK intervention.
Whips only select loyal party members
Julian Lewis, MP that wanted to publish a Russia report on interference, had whip removed and could not lead the committee
Role is to offer an alternative solution and to scrutinise on government decisions
Strengths of Opposition:
p-A-C committee revealed cronyism during COVID contracts
PMQs provide a way to scrutinise effectively: 2021 Keir STARMER challenged BOJO over #partygate!
Weakness of Opposition:
Lack of POWER during Majority led gov, Brexit legislation passed with ease thanks to 80 SEAT majority
Reduced ability to challenge gov EFFICTIVLEY, when party is divided: Labour under Corbyn from 2015-2020
YES:
Party discipline and whip system: Keir Starmer removed any MPs who didn’t support the Ukraine War
Secondary Legislation CAN pass without full parliamentary debate: COVID legislation
NO:
In times of minority government the executive faces difficulties in passing desired legislation (MAY Gov, brexit deals)
Select committees hold government to account: P-A-C committee held gov to account by highlighting COVID-contracts-cronyism
YES:
UK ARMED Forces can be deployed without parliament approval
There are no parliamentary approvals of cabinet nominations (fire and re-hire 🙂 )
In times of crisis, gov can quickly pass legislation (COVID Act 💉 )
NO:
UK ARMED Forces aren’t usually deployed without parliamentary vote
Cabinet must be diverse 🏳🌈
Executive must rely on majority to pass legislation (Terror Act 2005 🕋 )
YES:
Thatcher and Blair frequently held sofa cabinet meeting with only a few ministers 🛋
Growing use of private Spads that serve solely the PM like Alistair Cambell 👑
Development of celebrity personality as seen in the 2010 candidates debate where party candidates debated 〽
NO:
No formal increases in legislation powers of PM since founding of role 🗝
Not all pm-ships were dominant like Theresa May 👵
PMs have the incentive to appear with, and so collaborate with esteemed figures like (Bo-Jo and Scientific Chief Adviser) 🤝
Manifesto Pledges
2017 Conservative Manifesto promised to increase free child care hours to 30 🤞
Referendums
2016 Referendum lead to exit of EU 💶
Coalition
2010 Coalition led to AV vote 🗳
Emergency Legislation
2020 Corona Virus Act 🐛
Pressure from public
Fridays for future, caused UK to pledge to cut emissions to almost zero 🥬
Changing social attitudes
1960 liberal social attitudes led to decriminalisation of gay 🌈 and banning of death penalty ☠
POWERFUL:
Johnson re-shuffled cabinet completely in 2019. During night of the ‘Blonde Knives’ 🗡
HOWEVER:
If too many are fired this leads to slander from ex-ministers making the PM appear weak 📢. (Geoffrey Howe resignation speech)
POWERFUL:
Any minister who doesn’t support a decision must resign
HOWEVER:
Gordon Brown never support the Euro and nevertheless continued under Blair
POWERFUL:
When strong majority policy wishes can be exerted
HOWEVER:
During an economic recession, this power isn’t as strong (Comprehensive Spending Review 2009 by Brown was impacted)
Cabinet ministers can block or push back on PM’s policies. Rishi Sunak blocked Boris Johnson’s plan for a second lockdown in 2020, arguing the economic cost would be too high.
power to trigger a leadership crisis that leads to the pm stepping down:
Heseltine 1990, caused Major to win internal election process of Conservatives and Thatcher stepping down
Power to refused to be moved in a re-shuffle (Jeremy Hunt, during May government)
YES Cab Gov Still Exists:
Influential ministers can refuse to resign (J. Hunt)❌
Ministers can have their own Spads
Cabinet is still important during KEY decisions (COBRA)
NO Cab Gov No Longer Exists:
Main meetings are short (Only 30 mins) 🩳
PMs can remove opponents in cabinet (‘Night of the Blonde Knives’) 👱♀
Many decisions are made at Cabinet Committee Level (minsters only sign-off on legislation) 🫥
Unwillingness to Accept Collective Responsibility
Clare short over Iraq war
Inability to Deliver a Policy
Tracey Crouch resigned over Phillip Hammond’s decision to delay cutting stakes from 100GBP → 2GBP
Misconduct
Priti Patel violated the ‘Honest’ principle of the Ministerial Code when she took a private holiday to Israel and met with 14 businessmen and ministers
Exec are very accountable to gov:
PMQs (on TV) can involve backbenchers grilling the executive (Andrew Bridgen questioning BoJo on partygate)
Ministers appear before Select Committees
In the Ministerial Code, Ministers must follow the ‘Accountability’ principle 🪖
Exec isn’t very accountable to gov:
- can use prerogative powers without parliamentary approval, like Syrian airstrikes of 2018
- whipping system
Ministers can claim to be unaware of an error committed (avoiding ‘Accountability principle) 🪖
Due to concerns over an incomplete separation of powers
Law Lords lacked diversity
General confusion among the populace as to what the Law Lords actually did
YES MORE POLITICISED:
Relocation to Middlesex Guildhall has brough the court into greater media attention
Politicians have criticised decisions (breaking convention) like during the Miller case when Jacob R. Mogg called the ruling a ‘Constitutional Coup’
NO POLITICISED:
Senior judges benefit from security of tenure
JAC appointment process is transparent
YES:
1. Expansion in Judicial activisim/intervention
ex: Miller II, Supreme Corut ruled that executivtive's actions were unlawful
2. Increased Judicial protection using HRA
ex: Belmarsh case ruled that prisoners can be detentioned indefinately
3. Court Blocking Flapship Gov Policies
ex: SC struck down gov's Rwanda plan
NO:
1. Court still practices judicial restraitn
ex: Courts have avoided intervening in deciisions like arms sales to Saudi Arabia
2. Limited Enforcement Power held by the SC
ex: SC cannot actually Enforce its judgements
3. Parliament Is still sovreign
ex: After Miller II case parliament passed EU (withdrawal agreement) ACt 2020 securing brexit without contratins imposed by court
More independent appointment process
A clear separation of powers
Increase in media coverage
Healthcare
Education
Transport
Scotland Act 2012, What Did It Give Scotland?
power to set income tax
Borrowing powers
Landfill tax
POST INDEPENDECE REFERENDUM
Big deal:
Half of VAT revenues raised in SCO go to the Scot govt
FULL control over income tax rates AND bands
Control of disabillity benefits, carer’s allowance (2.7Billion GBP of welfare powers)
Government of Wales Act 1999, What Did It Give Wales?
Powers were similar to those of the secretary of state for wales
Agriculture
Housing
Fishing
Government of Wales Act 2006, What Did It Give Wales?
Enable the assembly to request a primary legislative power from Westminster when needed
Wales 2011 Referendum, What Did It Give Wales?
A yes vote of 64 percent on whether the above should be permitted
Wales Act 2016, What Did It Give Wales?
Wales now allowed to control its own tax bands
Wales Act 2019, What Did It Give Wales?
Electoral system powers — AMS
Rail franchise control
sENNED AND Wales Act 2021, What Did It Give Wales?
Votes for 16+ year olds
Changed the name of the welsh parliament
2 for and agaisnt
YES:
Proved popular with voters due to the increase in support at referendums (Wales 1997 → Wales 2011)
Allowed regional IDentites to flourish (SCO tradtionally left-wing)
NO:
Inequalities in care and benefits across uk (uni fees + prescriptions)
Weakened the union as SCO referendum held
FOR:
Clear expression of support for existing devolution
growing support among Conservative party members like ex-chair of 1922 committee Graham Brady
AGA.:
An english parliament would dominate as it would dominate as it has 85 percent of population and the bulk of GDP
Only weakens and does not strengthen the union as there is no risk that ENG would leave
G. Reform Act 1832:
1 every 5 men could vote and ‘rotten boroughs’ were abolished
S. Reform Act 1867:
1 every 3 men could vote as working class men IN CITIES were enfranchised
T. Reform Act 1884
All men who met a property qualification could vote
Representation of The People Act 1918
All men over 21 could now vote
All women over 30 who met a property qualification could now vote
R. of the People Act 1928
All men and women can vote over 21, regardless of property
R. of the People Act 1969
Voting age lowered to 18
Voting should occur by secret ballot
All men should vote WITHOUT having to own property
Parliamentary elections should happen every year
Constituencies should be equally sized
MPs should be paid
Property qualifcation for MPs to be removed
FOR THE RIGHT TO VOTE OF PRISONERS:
No evidence that not being able to vote is an effective deterrent
Voting is a fundamental right that cannot be removed
AGAINST THE RIGHT TO VOTE FOR PRISONERS:
Public opinion is firmly against this (David Cameron said the idea of it made him sick)
Prisoners live in constituencies with large prisons but are not normally members of that constituency
YES:
Political apathy amongst the youth as turnout was 47% in 2019 and membership of labour is 3-4% among this group
Turnout has decreased especially since the 50s
NO:
Social movements are significant like #MeToo and BLM
Referendums attract a large turnout like; Brexit and Scottish ref both 80%+
LIST PR: Scores very highly, Brexit Party won 39% of vote and gained 40% of seats
FPTP: Does no correlate + Creates Winner’s Bonus, 1997 Labour won 43% of vote but got 63% of seats
AMS: Falls between FPTP and L-PR, Lothians region produced a good result as S- Conservative Party won 25% seats on vote of 24%
STV: Accurately reflect overall shares of vote, preferred by Electoral Reform Society as voters don’t worry about tactical voting.
2022, Sinn Féin won 29% of first-preference votes and got (30%) of seats
AV: Would be worse than FPTP, 2017 Liberal Democrats would have got less MPs than FPTP
FPTP: Safe seats lead to wasted votes, In 2019, Brexit Party won almost 1million votes but won no seats
LIST PR: 1-5% votes still might not win any seats
AMS: Similar to LIST PR
STV: Preferential voting reduces wasted votes
AV: No discentive to vote for a minor party
FPTP: Some argue that discourages participation decreases as few parties that can win, However, turnout is not declining in the UK
LIST PR: Turnout is HISTORICALLY low in European elections; 36.9% in 2019
AMS: No clear proof that Scottish or Welsh elections had increased turnout, 45% in Wales 2016 AMS
STV: Northern Ireland 2019 EU elections was 45%, compared to 36% in UK
AV: No european countries use AV
FPTP: Nearly always produces clear results, clearly evident from 1979-2010 - LAB & CONS dominated for long times
LIST PR: HISTORICALLY weak in europe
AMS: Almost inevitably produces MINORITY government, SNP has only once secured a majority 2011
STV: Produces multiparty government
AV: Most likely to produce single-party government
Class dealignment
Partisan dealignment
Rise of ID politics
2019 general election, LEFT V RIGHT; Over 50% of youth voted Labour whilst Over 50% of mature voted Conservatives
Rising unemployment (3+ million!)
Millitary victory in 1982 falklands war
Worst ever Labour defeat
144 Conservative Majority
SDP won most of Labour’s seats
Labour was publically split over it’s manifesto
Thatcher was much more in control of her party, 8 years in charge of it
Thatcher held many TV interviews, displaying patriotism & being a dominant figure
Electoral System:
FPTP penalised Alliance as they won 186 seats fewer than Labour
1975
2011
2016
Common Market Remainance? Yes 67%
AV system? No 68%
Brexit? Yes 52%
ADVANTAGES:
Refs. see GREATER amounts of turnout, like 85% for Scotland or Brexit
Direct link between national will to policy making
DISADVANTAGES:
Not all refs. see high turnout like AV 2011 referendum on the UK's voting system saw only 42% turnout
ONE referendum doesn’t decide the issue for good, SNP demanded another Scottish referendum
Majority votes for their own interests: Hungary 2018 referendum voted for rejection of EU immigrant quotas
One-nation conservatism
Butskellite consensus
Traditional values
Thatcherism
Which theory is it related to and explain what that causes
What do 1 nation people in power need to do?
Quote from Disraeli
Recent example
Burkean theory, Disraeli beleived that those with power have a (patriarchal) duty to use it WISELY
They must unite the nation using MODERATE social reforms and PATRIOTISM
‘The place is unsafe when the cottage is not happy’
Used recently by Boris Johnson (‘our one-nation government’): public services to help poor but not high taxes for rich
Why did it occur?
What did many Tories support (+ specific name of politician too)?
What the the party do as a whole, ___ what labour was passing?
Due to the Welfare State + support for the NHS, Conservatives moved to the centre
Many supported joining the EEC, like Edward Heath
Accepted the bulk of nationalisations
Example + respective campaign and quote
Values supported
Example is John Major’s ‘Back to Basics’ campaign: ‘time for self-discipline and accepting self-responsibility’ not blaming the state
Reflect the parties on-going values (hard line against immigration, traditional family)
Brief overview of ideology (+ 2 things it supported TRW)
2 key policies and a overall aim, important quote
Important example of a key victory
Ideologically supportive of Libertarian positions: Self-help, individual freedom
Policies aimed to: ‘roll back the frontiers of the state’ , denationalise most government-owned industries and lower taxes
Example: 1984-85 Miners’ strike saw Thatcher break the National Union of Mineworkers
List 4 policies and which strand of Conservative Party they represent
Remove illegal migrants to Rwanda | Traditional values
Recruit 92,00 more nurses | One-nation conservatism
Reform disability benefits to cut welfare spending | Thatcherism
No new green levies but supporting renewable energy | Butskellism Consensus
Economic Socialism
Trade Unionism
Globalist Internationalism
Third Way
Key example and 3 industries that were ___
Why did this happen (ideaological reason behind it)
Postwar Attlee gov, setting up the Welfare state: [Coal Mining, Steel, Railways]
This was due to wanting to redistribute wealth for the many and not the few
Funding, what did they used to supply for Labour
Transition from weaker to greater power
Used to supply the BULK of funding
Weakened under Thatcher
Re-gained some power under Corbyn as he had close ties to McCluskey (Unite general secretary)
What this strong body of Labour supports (3 examples)
Example of figure of who upheld these values
When was it weakened
Strong body in LAB opposed to nuclear weapons, racism and fascism
Corbyn campaigned against the apartheid in South Africa
Weakened under Blair’s close relationship with G.W BUSH USA
The crux of it
Key quote of Mr. __ himself and what Third Way strives to do
Accepting neo-liberalism but also support social liberalism
Putting capitalist profits to increase justice and fairness for all: ‘Education, education, education!’