Politics Paper 1

Explain and Analyse 3 Sources of the US Constitution

Explain and Analyse 3 Sources of the US Constitution

• Common Law - body of law that is developed through the decisions and precedent of the court system. It is simply court rulings that have been passed down over the years and have become law. One example is royal prerogative. These are historic powers of the monarch which have now been passed to the Prime Minister and can include peerages. Common law has judicial precedent but does not have precedence over statute law. Acts of Parliament can easily override any common law

• Statute Law - these are laws made by Parliament and are often reffed to as Acts of Parliament. They can override any law. One example is the HRA 1998 which emphasised the fundamental right and freedoms already set out and backed by the ECHR. One example is freedom of peaceful assembly. These are significant as they are te most powerful law of the country and are hard to be removed. In theory these rights can be removed at any time by Parliament, however in practice it does have the ‘double lock’ of the ECHR

• Conventions - these are written traditions that enable government and political activity to run smoother. They are bound by nothing but tradition and those taking part must have a shared understanding of it and what it is. One example is the 1945 Salisbury Convention where the Lords agreed to not delay the governing party’s manifesto policies. This was shown in the 1949 Act of Parliament where the Lords agreed not to delay any policy by more than 1 year. Conventions are significant as it shows that people taking part in it are not constitutionally obliged to act as they do, unless it becomes law.

Explain and analyse 3 constitutional reforms introduced since 1997

• Freedom of Information Act 2000 - required all public bodies like the NHS to publish any necessary information online and enabled the public to request any information they’d like from the Information Commissioner’s Office using Freedom of Information Requests. For example, in 2020 alone there was 44,000 FOI requests, 50% of which got refused. The reason why these often get refused is because unlicensed bodies want to keep someone’s personal details away from the public eye. This creates conflict between an individual’s right to privacy and an individual’s right to information

• Fixed term Parliaments Act 2011 - this was an Act following the election of the coalition government (Lib dems and Conservatives). This meant that no Prime minister was able to call a snap election by dissolving Parliament, instead it required 2/3 majority in Parliament to have a re-election. However, debate around the FTPA continued during periods of political instability especially during the 2017-2019 Brexit deadlock, the inability to call a general election easily prolonged the crisis. The 2022 Dissolution and Calling of Parliament Act repealed the FTPA, restoring the Prime Minster’s power to call elections with the monarch’s approval.

• Human Rights Act 1998 - this incorporated the ECHR into UK la, setting out the basic fundamental rights into law. It set out basic freedoms such as right to life and freedom from torture. Courts can use this law to decide on cases and if they protect the individual’s basic human rights. For example, in the case of Aby Qatada and his deportation to Jordan, the court blocked it fearing that evidence obtained under torture would be used against him. In this case, the court used the HRA to protect his freedom for torture. This is significant as it educates people on their rights and moreover protects people’s civil liberties. However, this act is criticised by Conservatives who believe that , as in the case of Aby Qatada, individual rights are prioritised rather than the population’s rights as a whole as Aby Qatada was part of an Islamic terrorist group.

Explain and analyse 3 ways the British constitution upholds citizens’ rights.

• Freedom of Information Act 2000 - required all public bodies like the NHS to publish any necessary information online and enabled the public to request any information they’d like from the Information Commissioner’s Office using Freedom of Information Requests. For example, in 2020 alone there was 44,000 FOI requests, 50% of which got refused. The reason why these often get refused is because unlicensed bodies want to keep someone’s personal details away from the public eye. This creates conflict between an individual’s right to privacy and an individual’s right to information

• Human Rights Act 1998 - this incorporated the ECHR into UK la, setting out the basic fundamental rights into law. It set out basic freedoms such as right to life and freedom from torture. Courts can use this law to decide on cases and if they protect the individual’s basic human rights. For example, in the case of Aby Qatada and his deportation to Jordan, the court blocked it fearing that evidence obtained under torture would be used against him. In this case, the court used the HRA to protect his freedom for torture. This is significant as it educates people on their rights and moreover protects people’s civil liberties. However, this act is criticised by Conservatives who believe that , as in the case of Aby Qatada, individual rights are prioritised rather than the population’s rights as a whole as Aby Qatada was part of an Islamic terrorist group.

• Equality Act 2010 - this replaced old anti-discriminatory piece of legislation with a simple act. It provides protection in the workplace and society against any discrimination towards someone’s age,race,religion or disability. This is key in upholding citizen’s constitutional right against any form of discrimination that may stop them from living their daily lives. It is significant in the use by courts which can decide whether a company/individual has acted against the Equality Act. For example, GTR, the rail company, has admitted in a leaked document that it has breached the Equality Act by paying for disabled people’s taxis in order for them to access the nearest accessible station if staff wasn’t around to help, admitting it was ‘not a good option’. This highlighted just how easily companies can manipulate and play with an individual’s rights and to which they can be held accountable by courts

Explain and analyse 3 reasons why the Uk should retain its uncodified constitution

• Flexibility and Adaptability - The uncodified constitutions allows the UK to adapt to the changing circumstances without the need for a lengthy or rigid amendment process. It is based on statutes, common law and conventions. The introduction of the Scottish Parliament and Welsh Assembly in the 1990s through the Scotland Act 1998 and Government of Wales Act 1998 demonstrated the constitution’s ability to accommodate devolution. This flexibility is especially beneficial in fast-changing world, where rigid codified systems struggle to adapt and respond effectively to students.

• Preservation of Parliamentary Sovereignty - Retaining an uncodified constitution ensures that parliamentary sovereignty remains the core principle of the UK’s political system. This means Parliament can legislate without being bound by a higher, entrenched legal framework. for example, Brexit demonstrated parliamentary sovereignty in action. The UK’s departure from the EU required repealing the European Communities Act 1972, showing how Parliament could reassert its supremacy without constitutional constraints. Codification could challenge parliamentary sovereignty by introducing entrenched rules, potentially giving courts more power to strike down legislation.

• There is no popular demand for it and other issues are more important - Many would question how this would be implemented and how this would affect their lives. There are other more important issues such as EVEL. However, there is not much opposition towards it either, A poll done by the Ministry of Justice asking ‘Should the UK have a written constitution?’ 44% said yes, 39% said no and 17% were unsure.

Explain and analyse 3 arguments in favour of constitutional reform

• House of Lords Reform - Reforming the upper chamber of Parliament will allow for increased representation in parliament but will also make the lawmaking process more difficult. Suggestions were made regarding reform by the Joint Committee on the Draft House of Lords Reform Bill published a report on the 23rd of April suggesting electoral mandate and that 80% should be elected and 20% nominated that way it allows for both representation and nomination of the Lords. This is significant as by providing representation in parliament it enhances representative democracy and allows for the population to choose who they want to make their laws. However, despite proposals and going through the Commons and the second reading, the Bill was refused by the Deputy Prime Minister in September 2012

• Electoral Reform - The existent electoral system (FPTP) proves to be unrepresentative of its votes. This means that the votes received by a party do not certainly illustrate the number of votes it received. For example, in teh 2024 general election, the Reform UK party received 14% of the vote but only 4 seats whereas Labour received 34% of the vote and 63% of the seats. This shows how the current FPTP system is unrepresentative, undermining representative democracy and its features, showing need for reform. However, attempts for reform have been rejected by the population in the 2011 AV referendum which showed that more than 70% of voters voted they don’t wish to change the FPTP

• Devolution - Devolved institutions such as Scotland and Wales don’t have enough power extended to them, showing that Westminster Parliament still has more power over a country it does not operate in. Devolution would solve the problem of EVEL, which enables Scottish MPs to vote on issues that do not concern them, such as tuition fees in 2004 when the House of Commons wanted to introduce various tuition fees, Scottish MPs’ vote was crucial to the passing of what became to be the Higher Education Act 2004, when the matter of education did not affect them. This is significant showing that devolution will solve many problems faced by the English Parliament and end the devolved institutions’ say on English matters. However, EVEL was abolished in 2021 for being too complex and time-consuming.

Explain and analyse 3 functions of Parliament.

• One function of parliament is that it can scrutinise the executive. Scrutinising the executive may act as a check on its powers. For example, Tony Blair famously called Prime Minister John Major ‘weak, weak, weak’ in 1997. However this type of scrutinisation of Governmnet can appear more as theatricals and rowdiness. For example, Labour MP Gerald Kaufman called it ‘an exchange of pointless and useless declamations’

• Another function of Parliament is law-making. Parliament creates and passes laws through a series of stages. In the first stage, the bill is introduced in one of the houses. In the second bill, it allows the first time fo debate and discussion of the bill. Then the report stage, then the committee stage which there is a public bill committee for each bill, which allows for consideration of amendments suggestions. Then the 3rd reading and then it goes to the other house and then royal assent. Very rarely defeats occur. Parliamentary ping pong can occur when both houses don’t agree with each other. Fo example the 2020 Internal Markets Bill had a clause that the Lords thought broke international law. It then got passed to teh COmmons and was defeated 14 times in 2020.

• Another function of Parliament is political and geographical representation. MPs have to represent their constituents in Parliament and are obliged to answer their questions. Fo example, Robert Halton got asked a question on the 13th October 2022 in regards to T-Levels, he then answered it 10 days later. However, such representation is not common within the House of Lords which is an appointed body. Calls for reforms have been made because of this

Explain and analyse 3 features of the House of Lords

• Revises and amends legislation. It is often called the ‘think again chamber’ . A recent bill that was introduce on 4th September 2024 is the Water (Special Measures) Bill which aims to impose tougher penalties for sewage discharge violations and enforce pollution reduction plans. Both houses are given a say on legislation and are able to start a bill. However beacuse of this power it can lead to parliamentary ping pong which is essentially when both houses are not in agreement which each other’s amendments. Internal Markets Bill 2020 was defeated 14 times in the House of Commons.

• It can hold the government to account. Debates in the Lords and Commons are televised and so the public can remain informed on the actions of the peers. For example, a debate in the Lords in November 2024 took place in regards to renewed energy cost and energy prices. It allows the Lords to critically analyse the impact of energy policies and their economic implications pressing the gov to justify their actions and explore alternatives. As useful as debates are in the Lords for accountability they have no direct legislative power and rely on public or parliamentary pressure to influence gov action, limiting their effectiveness in compelling policy changes

• Diverse composition and expert knowledge. The House of Lords is made up life peers and hereditary peers. Life peers are appointed by the prime minister on the advice of the House of Lords Appointments Commission whereas hereditary peers inherit their position. These Individuals are key and have expert knowledge in their field , especially life peers. Baroness Hale, is a former Supreme Court President and is able to provide legal advice, whereas Lord sugar is a business entrepreneurs able to help with economic issues. While these members have specialised knowledge and are key to making of Parliament, they lack democratic legitimacy as they are not elected by the public. This led to calls for reform, and a proposal of a second elected chamber

Explain and analyse 3 ways that MPs can influence policy

• Legislative Process. The Second Reading provides both chambers for time to debate and create amendments to bills. MPs are free to put forward their party’s views and vote on bills. Fo r example, The Rwanda Bill has attracted increased debates which controversial views regarding its legality, cost-effectiveness and morality. Critics of this bill have argue dit went against international law. This bill was dealing to deterring illegal immigration by sending asylum seekers to Rwanda. Such complex bills can lead to complex debate between both houses and ultimately Parliamentary Ping Pong. Eg. Internal Markets bill 2020 was defeated 14 times in the House of Commons.

• Backbench rebellions. backbench rebellions occur when MPs go against their party’s wishes and vote against a specific policy their party supports. backbench MPs are disciplined by their whip which tells them how to vote. However, they may choose not to listen to their whip and vote otherwise, which then influences policy in certain cases. For example, David Cameron had backbench rebellions when he proposed the to use RAF in Syria. Because of these rebellions he retained his policy. Furthermore, rebellions are successful in influencing policy as this is seen more in Cameron’s government when he had increased rebellions form his ‘awkward squad’ of Tory backbench MPs which pushed him to call the EU Referndum.

• Select Committes. A stage of the legislative process is the committee stage. MPs are chosen to join the Public Bill Committee for that bill, in which they can amend and propose recommendations. They ensure the bill is properly written and that it fulfils its aim. For example, the 2005 Labour manifesto looked to introduce a partial ban on smoking in public areas. Because of the PBc’s recommendations, the Labour government introduced a full ban on smoking in public areas in 2007. However, only 40% of recommendations are accepted and so not even half are taken into consideration showing a lack of influence over policy

Explain and analyse 3 ways in which Parliament scrutinises the work of the executive

• PMQs. Occur every Wednesday. Tony Blair famously called PMJohn Major in 1997. ‘Weak, weak, weak,. However this method can often be viewed as a form of theatricals and rowdiness with Labour MP Gerald Kaufman calling it ‘an exchange of pointless and useless exclamations.’

• Parliamentary Debates. This can allow MPS to show their views on specific policies and allowed free expression of views and opinions on issues. for example in 2023 key starmer asked Sunak 28 times /128 about health services and 23/128 times about cost of living and immigration. However, this can often be seen as a way to impress party leadership and gain support for your cause

• A vote of no confidence. This is when parliament has no faith in a leader of the governing body’s policy. It can bring a Parliament down, but are rare. Last one was in March 1979 when James Callaghan Labour gov lost by just one vote. These are a rare occurrence and are not a useful method of scrutinisation as they don’t happen often

Explain and analyse 3 ways that MPs represent their constituents

• Answering questions. Robert Halfon and T-Levels question on 13th Oct 2022 and answered 10 days later

• Surgeries. Robert Halfon and regular surgeries. Throughout 2023 often asked about disruptions to education and reconstruction of town. Can create a close connection . But can limit how much an MP can focus on national-level responsibilities

• Private Members’ Bills. Bills created by MPs to represent their constituents’ views. Homelessness Reduction Act 2017 was created by Bob Blackman, MP for Harrow, to reflect their constituents’ views. However, these aren’t passed very often, for example 15 were passed in 2023.

Explain and Analyse 3 features of a Prime Ministerial Government

• Centralisation of power in the PM. Prime Minister is the central figure of any government and therefore has prime decision making powers. This centralisation means that the PM hass power to control both the selection of candidates and the policy agenda. Tony Blair is a classic example which profoundly shows his leadership style. He prefers not to consult cabinet members, or in fact any MPs for that matter, in regards to any policy and decided what was best by himself, eg. Entering the Iraq War in 2003. This centralisation lack collective decision making and in Blair’s case, it led to some ministers feelings sidelines and impacting long-term party unity

• Domination of the executive and cabinet. In a PM Governmnet the PM has ultime power over cabinet. The PM often sets teh agenda, and cabinet members are expected to do contribute to decision-making, but the PM always has the final say on everything. Margaret Thatcher shows how her strong control of cabinet , where she rarely held collective cabinet discussions for key policies such as the Poll tax. This alienated many members and led to their resignation. Ultimately, cabinet members are just seen as ‘yes men’ where they simply agree t any policy decisions the Pm propose, which in the long term affects policy implementations and stifle healthy debate , leading to poor decision making.

• Personal Power and media influence. Pm have the power to use their personal power and media to influence the public opinion. Fo example, David Cameron’s Eu referendum ‘Remain Campaign’ using social media platforms. However, in unfortunate outcomes can mean that extensive reliance upon the media can lead to backfires. Cameron’s failure to secure a remain victory in Teh 2016 EU Referendum illustrates the risks of relying too heavily on the media and personal influence.

Explain and analyse 3 ways that the cabinet can limit the power of the PM

• Collective responsibility. This is the idea that all cabinet members have to publicly agree to support Government decisions, even if they privately disagree with it. If they really strongly disagree with it they are welcome to resign. For example, during the 2018 Brexit negotiations, under Theresa May’s cabinet, Boris Johnson resigned because of the disagreements over May’s proposed deal, which showed how Cabinet can influence policy decisions by forcing them into concessions or a reshuffle. While collective responsibility ensures unity, ministers can use resignation as a tool to challenge or undermine the Prime minister limiting their power

• Cabinet’s influence on decision making. The Prime minister has the power to impose decisions without the support of cabinet members. If the cabinet proposes a certain policy, the prime minster has the power to revise or abandon it. For example, in 2016, Cameron’s Brest referendum was initially opposed by several senior cabinet members like Theresa Mat, who were initially against teh idea of leaving the EU. The Cabinet’s opposition forced Cameron to reconsider the timing and strategy for the referdum. cabinet ministers use their collective influence to prevent the PM form pursuing unpopular policies, whilst this limits their authority it forces them to seek consensus within the Cabinet .

• Cabinet’s role in crisis management. During national crises, the PM looks to the Cabinet for advice and support. If the cabinet feels like the PM is mishandling a crisis or is too focused on other issues, they can interevene or force the challenge to leadership directly. For example, during Blair’s government, several cabinet ministers were questioning his decision to aid the Iraq War and several ministers such as Robin cook resigned in protest of this. Blair’s ability to maintain unity was challenged, and his authority was diminished. In times of crisis, the cabinet can either support or challenge the PM, depending on the level of unity within the cabinet. If ministers lose faith in a PM their power to influence the course of action becomes a direct limit on the PM’s authority.

Explain and analyse 3 arguments in favour of collective ministerial responsibility

• Confidence vote. This is a vote questioning teh confidence ministers have in a government or its leadership. The last tie this was done was in 1979 with James Callaghan when they lost just by one vote and were defeated din Commons regarding tehir proposed Scottish Devolution. This Confidence vote demonstrates how collective responsibility ensures that the entire gov stands of falls together. The principle forces ministers to present a unified front, as a loss of confidence can trigger the resignation of the government.

• Secrecy. This means that any details of discussions uit be kept secret a don’t revealed to the public beacause it might be too sensitive or prevent differences of opinion being revealed. For example, BJ was criticised in 2018 as Foreign Secretary when he revealed that in the next cabinet discussion he’d proposed increase spending on NHS. This went against the convention of cabinet secrecy, as he disclosed details of internal discussion before they could formally be debated upon the whole cabinet. Thsi breach undermined the unity and discipline expected under collective ministerial responsibility.

• Binding decisions. This means that once a decision reaches cabinet it is binding by all members. All memebrs have to agree to a decision even if they privately opposed it. Those unable to do so may resign if they wish. For example, Robin Cook resigned in 2003 over Tony Blair’s decision to get involved in the IRAQ War. Binding decisions may provide teh gov with strength and coherence, enabling it to present clear, unified policies to the public and media. This unisty is essential for maintaining public confidence and ensuring gov can effectively implement policies

Explain and analyse 3 reasons for accusations of presidentialism.

• Increased executive power. These powers , such as those granted through secondary legislation, enable the PM to bypass Parliament and make decisions unilaterally. For example, during the 2019 COVIC pandemic, Boris Johnson was able to use his executive power to impose lockdowns and other measures without full parliamentary scrutinity, which showed the centralisation of power. Critics argue this undermines parliamentary sovereignty and undemines democratic accountability, leading to comparisons with a presidential system where the executive acts independently of the legislature.

• Increased public outreach. The PM often is spotlighted as this powerful figure in the media as they claim to represent the public interest sand take their message directly to the public through the media. This often involves the PM engaging with voters through speeches and social media. For example, during Covid-19 BJ often held daily press conferences and direct appeals to the public which helped reinforce his image as the face of gov. This type of public outreach contributes to presientialisation as it emphasises a direct relationship with teh public’s bypassing traditional party structures or Cabinet discussions.

• Spatial leadership. A sense of distance has been created between the PM and their party and gov. The PM relies more on their inner circle than cabinet ministers. Tony Blair’s ‘sofa gov’ and Cameron’s ‘Quad’. Thsi undermines democratic decison making and shows the PM acting more a president with little need for wider gov consultation of parliamentary scrutiny

Explain and analyse 3 reasons for ministerial resignations

• Disagree with certain policy. For example, Iain Duncan Smith resigned in 2016 as work and pensions secretary as he did not agree with the gov’s cuts to disability benefits arguing it was a ‘compromise too far’. Such resignations are key when looking at collective ministerial responsibility.

• Breaching the Ministerial code. If a minister’s personal conduct breaches that of the ministerial code they will be expected to resign or be dismissed by the PM. The key principles of thsi are to avoid any conflict between private interest and public duties and not accepting any gifts that could be bribery. For example, in 2021 BJ got accused of breaking this code over an anonymous donation of £60,000 to help fund the refurbishments of the PM’s private flat.

• Personal scandal. For example, Matt Hancock in 2021 got accused of breaking the social distancing restrictions whilst conducting an affairs with one of his colleagues. The video emerged online and ruined his reputation. Scandals can really damage both he reputation of the individual minister and gov as a whole. Ministers are expected to maintain high ethical standards, and failure to do so often leads to resignation to preserve the integrity of their office and avoid further damage to the gov’s reputation