Edexcel A Level Government and Politics Paper 2

Constitution

a set of rules determining where ultimate power lies in a system and relationship between government

Unentrenched

having no special procedure for amendments

Uncodified

the constitution is not written so cannot be followed

Unitary

power is in one place

Parliamentary sovereignty

parliament has ultimate power over laws, can't bind its successors and its legislation can't be struck down by a higher body

Rule of law

everyone must follow the rule and will be punished for not, though everyone is entitled to a fair trial and shouldn't be imprisoned without a legal process

Statute law

laws passed by parliament (1998 scotland act)

not all laws are constitutional, only those that affect the nature of the political system/citizens rights

most important source as underpinned by the concept of parliamentary sovereignty

Common law

laws made by judges where the original is unclear (habeas corpus was until it became statute in 1967)

legal principles laid down by judges in rulings, which provides precedents for later judges

Conventions

traditions that affect the way a political system works (after 2003 iraq, parliament will vote on war unless an emergency)

can be challenged/changed by an act of parliament

Authoritative works

guides on how a political system is run, written by experts (erskine may's 1844 parliamentary practise)

lacks legal standing

Treaties

formal agreements with EU members (1992 maastricht)

other countries don't affect the constitution

Devolution

dispersal of power, but not sovereignty, within a political system

Magna carta

written in 1215, said that no one should be deprived of liberty or property without due process of law, though most has been repealed

Bill of rights

passed by parliament in 1689, included regular parliaments, free elections and freedom of speech within parliament

Act of settlement

1701, established the right of parliament to determine the line of succession to the throne

Act of union

1707, united england and scotland who had shared a monarch since 1603 but not parliaments

Parliament act 1

1911, lords could not delay money bills and had a 2 year delay for non financial bills

Parliament act 2

1949, reduced the 2 year delay in the lords to 1

The european communities act

1972, took the uk into the eec and eu law would be sovereign over uk

For a codified constitution

one source so is easier to learn,

helps check the power of the executive,

unusual to not be codified,

supreme court can't declare laws unconstitutional,

it should be more difficult to amend to fit its importance

For an uncodified constitution

flexibility would be lost,

leads to judicial activism

House of lords act

1999, removed all but 92 hereditary peers

Removal of peers

ended conservative dominance, gave the lords a modern appearance, majority were now nominated due to merits

House of lords appointment commission

established may 2000, recommends 2 people a year to be crossbenchers and vets most other nominations for lords

Scottish devolution referendum

september 1997, 75% yes, 25% no, 60% turnout

Welsh assembly referendum

september 1997, 51% yes, 49% no, 50% turnout

Good friday referendum

may 1998, 71% yes, 29% no, 81% turnout

West lothian question

scottish MPs at westminster could vote on purely english matters, but english MPs couldn't vote on scottish matters

The barnett formula

determines relative levels of public spending for parts of the UK based on population, meant that devolved bodies receive more

North east assembly referendum

2004, 78% no, 22% yes, 48% turnout

Human rights act

1998, incorporated ECHR into statute law, ensuring a right to fair trial, freedom from slavery, etc and all future legislation has to be compatible

Limitation of HRA

the government declared and exemption from article 5 (right to liberty and security) in cases of suspected terrorism

Creation of the supreme court

2005 constitutional reform act led to establishment in 2009, took over from law lords

Scottish devolved powers

education,

justice,

housing,

police,

fire,

vary income tax by 3p,

drink driving limits

Number of MSPs

129, elected every 4 years

Welsh devolved powers

culture,

education,

environment,

housing,

transport,

health,

language

Number of welsh members

60

Irish devolved powers

education,

welfare,

transport,

justice,

reserved matters including financial, broadcasting, firearms

Advantages of devolution

one region doesn't represent everyone,

brings decisions closer to the people,

solves west lothian question

allows cultural identity,

makes decisions based on consensus,

system can evolve

Disadvantages of devolution

little public want for regional assemblies,

political parties have to fight harder,

increased taxes,

more arguments,

unstable,

service variations

Backbenchers are unable to scrutinise the government

unwilling to defy the whips, 1997-2010 only 7 government backed bills failed to pass, linked to payroll votes, depends on desire for promotion

Backbenchers do scrutinise the government

lack of support and ability to create negative media like rees-mogg no confidence vote 85 no votes,

select committes 1997-2010 made 110 reports per year with 40,000 suggestions, about 40% are taken up

PM's ability to remove government and ministers

Parliament's power is limited in this area

MP's can lose position due to scandals published in the media

MPs can lose position due to general elections - Cameron 2016 brexit

Fixed term parliament act - vote of no confidence

14 days to form a new government when a vote of no confidence is triggered

Theoretically remove funding to government - not happened since 1979 Callaghan

Unlikely that MP's will trigger a vote due to fear of losing seats - Major making division of the Maastricht treaty

Government reduced power

Government get a say of military intervention - Iraq war

Fixed terms parliament act 2011 ends the PM's right to set the date for a general election, unless ⅔ MP's close parliament

Increased number of backbench rebellions

Creation of the backbench business committees 2010 - allows MP's to scrutinise government by putting forward issues

Select committees grown in status

Government control

Whips and patronage - majority government rarely loses votes

Government payroll - 100 MP's

Government controls legislative timetable - limits opposition debates

Ministers don't have to follow select committees and can obstruct - may MI5

Lords usually defer to commons after ping pong

Salisbury convention

Parliamentary acts override lords after 1 year

The prime minister

Head of the executive who chairs the cabinet and manages its agenda

Appoints all members of the cabinet and junior ministers, and decides who sits on cabinet committees

Organises the structure of government - can create, abolish or merge

departments

The cabinet

Consists of 20-23 senior ministers including those who held the title secretary of state

Several senior figures are not members of the cabinet but attend it's meetings

Government department

Each one responsible for an area of policy eg department of transport

Each headed by a cabinet minister, supported by several junior ministers responsible for specific aspects of the work of the department

Executive agencies

Semi independent bodies that carry out some of the functions of the government departments - DVLA

Proposing the budget

Need money for public services and spending priorities

Legislation from manifesto to deal with emergencies (terrorism), amend existing legislation to bring UK into line with international law (doctors mandate)

Written by chancellor of the exchequer

Annual statement to the HoC outlining government spending and changes to taxation

Has to be approved by HoC

New governments can introduce emergency budget

Main prerogative powers

Awards honours (a handful are given personally by the monarch)

Appoint ministers and other senior office holders

Grant legal pardons

Grant/withdraw passports

Sign treaties

Take action to maintain order in case of an emergency

Abolished/reformed powers

2010 fixed term parliament act removed the ability of the prime minister to set election dates

Since 2003 iraq war, declaring war is parliaments choice

Initiating legislation

The executive controls most of the parliamentary time available for legislation

The exemptions are 20 opposition days, 13 for private members bills and a variable amount for the backbench business committee

The guillotine (1887) is a procedure that allows the government to curtail debates of the individual clauses of the bill

The supreme court - composition

hears appeals on disputed points of law in matters of public/constitutional importance (inc EU and devolved powers)

only UK wide court - Scotland and N ireland judicial system different

final court of appeal

The supreme court - role

created to have a separation of powers and be in line with other western countries

ended the role of chairman of the HoL for the lord chancellor (now done by a peer elected speaker)

judges were now appointed by independent judicial appointments commission

The supreme court - creation

formed by the Constitution reform act 2005, began October 2009

The supreme court - appointments

12 members but cases heard by an odd number

most senior is the president (2018 - lady hale, 2012-2018 lord neuberger)

3 females

original members were law lords

must be qualified for 15 years, judge for 2

can't sit in HoL until term is finished

The supreme court - appointment process

nominations are made by an independent five member selection commission (president and deputy of court, member of appointment commission and one scottish/irish equivalent)

lord chancellor confirms/rejects, though can't repeatedly reject

confirmed by PM and monarch

Judicial neutrality

they will exercise functions without bias

safeguarded by the code of conduct - must refuse cases when they know someone involved and public activities must not be political (lectures/education/charity, can sit on government committees if it doesn't affect neutrality)

Judicial independence

judges are free from political interference

people must trust the impartiality of the court, or they may not go

judges must be free to make decisions that won't affect their career prospects

How neutral are the supreme court?

narrow composition - privately educated white male - reflects concerns over composition of whole judiciary

lady hale spoke out about concerns over composition and dissented over a ruling about limits on divorce settlements

Judicial independence - built in guarantees

terms of employment: only removed if broken the law, immune from legal action from their comments in court

pay: paid from an independent budget - free from ministerial manipulation

appointment: judicial appointment commission and selection commission are transparent

physically separate from parliament

Example of judicial independence

2001 lord phillips raised issues over funding, saying funds needed to be set aside

ken clarke dismissed this, insisting the court was independent and shouldn't be able to set its own budget

The supreme court does influence the executive and parliament

interprets the 1998 HRA and can issue a declaration of incompatibility (mental health act 1983 was incompatible 3 times (2013))

power of judicial review - enquire if ministers have followed correct procedures and if public bodies have acted ultra vires

The supreme court doesn't influence the executive and parliament

parliamentary sovereignty stops them from striking down laws

no codified constitution

The right of sex offenders to appeal against registration for life 2010

government wanted those who had committed serious sexual offenses in england/wales to register with police for life

supreme court ruled this breached their human rights and should have the right to appeal after 15 years

angered police/gov who though people don't change their behaviour

The case of private jason smith

smith died of heatstroke on a campaign in iraq in 2003

his family brought a case against the MoD saying they should've safeguarded him

high court ruled in his favour

supreme court overturned this 6-3 as HRA did not extend to those in combat

Al rawi case 2011

brought by former inmates of guantanamo bay who claimed uk security forces had contributed to their mistreatment

security chiefs argued that they must be allowed to give evidence in secret

supreme court ruled this breached right to fair trial (article 6)

Reduced government power

fixed term parliament act 2011 ends PM's right to set general election date unless 2/3 of MP's agree

creation of the backbench business committees 2010 - allows MP's to scrutinise gov by putting forward issues

select committees have grown in status

Government control

whips and patronage - majorities rarely lose votes

payroll - 100 MPs

controls legislative timetable - limits opposition debates

ministers don't have to follow select committees and may obstruct - may MI5

salisbury convention

parliament acts

The european council

heads of gov of the member states

meets up to 4 times a year

takes key strategic decisions, such as admissions of new members

The council of the EU

ministers from member states

dicusses different policy areas such as trade, environment

decides whether to adopt legislation, working with with european parliament

European commission

officials nominated by each member state

proposes EU law

enforces EU laws

prepares the EU budget

European parliament

only directly elected institution

right of co-decision on most legislation with the council of eu

has a say in the budget

can accept/reject nominations to the commission

European court of justice

enforces EU law

resolves disputes between member states

EU - economic integration

promotes economic growth by removing trade barriers and creating a single customs union

single european act 1986

schengen agreement 1995

Single european act 1986

created a single european market based on the 4 freedoms (free movement of goods, service, people and capitol)

most done by 1992 but not for services as different national policies create different problems

Schenegen agreement 1995

free movement of people

UK and ireland opted out

strained by migrant crisis

2015 1 million refugees with some countries unable to cope with the amount

EU - economic and monetary union

intended to promote cross border trade and remove fluctuating exchange rates

2014 19 countries in eurozone - denmark and UK opt out as don't want to surrender sovereignty of central bank

2007/08 banking crisis - greece, spain, ireland and cyprus didn't follow EU debt rules, required bailouts in return for tougher budgetary rules

2012 fiscal stability treaty

UK opted out

it binds 22 member states to the eurozone and its rules

the national budget has to be in balance or surplus

EU - enlargement

end of cold war - borders expanded to include east and central europe

not allowed to join until a liberal democracy is established and a functioning market economy and administrative structures to implement laws

2004: 10 new members

2007: bulgaria and romania

2013: croatia

Lisbon treaty

agreed in 2007, came into force in 2009

gave a permanent president in the european council, serving up to two two and half year terms

a high representative of the union for foreign affairs and security policy

a system of double majority voting was introduced enabling legislative proposals to be passed with 55% of members, representing 65% of population

incorporated the charter of fundamental rights

Directive

sets out a goal that all the EU members should work towards and pass their own laws

Regulation

binding and enforceable for all member states

First step in the passing and enforcement of an EU law

the european council sets the broad guidelines for the commission in its task of proposing laws

the eu treaties set out the basic goals and rules for law making

Second step in the passing and enforcement of an EU law

the european commission proposes new laws

before doing this, it asses the impact of new legislation and consults with relevant parties

Third step in the passing and enforcement of an EU law

the council of the european union and european parliament jointly decide on the adoption of the new law

if they cannot agree, a 'conciliation committee' is convened to compromise

Last step in the passing and enforcement of an EU law

implementation of a law is the responsibility of committees of the european council and its commission

the latter can bring a case to the european court of justice if a member state does not comply

The UK and social policy

part of 1992 maastricht

protects workers rights

major initially opted out as he didn't want businesses to be held back

blair opted in 1997

included equal rights for part time and full time workers, parental leave and entitlement to paid holiday

blair didn't want to extend it

coalition backed out a bit, boosting economic growth through freedom

increased minimum period for workers to claim unfair dismissal from one year of employment to two

The UK and the commons fisheries policy

from 1983 the EU regulated the amount of deep sea fish that could be caught

allowed members to have equal access to each others fishing grounds

critics argued it was ineffective at conservation and that fish had to be thrown back to meet the quota

1990 factorame case - spanish company sued UK for not allowing equal access

Positives of the EU's impact on the UK's political system and policy making

adjusted to membership without being fundamentally changed

a cabinet committee on european affairs has been set up to develop UK policy

the foreign secretary attends meetings of the european council and the council of the european union

Negatives of the EU's impact on the UK's political system and policy making

the process of 'europeanisation' is uneven

heightened the profile of the PM

ministers shouldn't agree to new laws unless it's debated but the volume of legislation prevents this

some departments are more extensively involved in the EU than others (trade)

another layer of complexity is supplied by devolution

demand for second scottish referendum

Legal sovereignty

defined by law, person/body with unlimited legal authority (parliament)

Political sovereignty

stands above legal sovereignty, comes from the people when they elect MP's

parliament is entrusted with formal legal authority but only because the electorate gives it political power

Parliamentary sovereignty is supreme

ultimate legal authority in the UK, able to pass laws on any subject, not subordinate to anything

retains the right to abolish devolved bodies, not a federal state, never transferred sovereignty

judges able to recommend amendments that don't conform to the HRA, but parliament decides whether to change them

parliament retains sovereignty over EU

Parliamentary sovereignty isn't supreme

parliament get its power from political sovereignty

increasing executive power

legal sovereignty theoretical, practical political reality limits its power, never abolish the devolved bodies

globalisation, sovereignty less meaningful, need to think if sharing sovereignty maximises influence

Structure of the executive - the prime minister

head of the executive who chairs the cabinet and manages its agenda

appoints all members of the cabinet and junior ministers, and decides who sits on cabinet committees

organises the structure of government - can create, abolish or merge departments

Structure of the executive - the cabinet

consists of 20-23 senior ministers, including those who held the title secretary of state

several senior figures are not members but attend its meetings

Structure of the executive - government departments

each one responsible for an area of policy eg department of transport

each headed by a cabinet minister, supported by several junior ministers, responsible for specific aspects of the work of the department