Studied by 170 people
(1) will reforms enhance democracy in the UK-Referendums
+support for wider use. Hansard Society Audit of Political Engagement 16 (2019)-55% public agreed that important questions should be resolved by referendums more often. High levels of turnout in EU and Scottish Independence Referendums
-absence of popular control over when and how they will be used. Creates suspicion that governments will only call referendums on issues that will go their way- EU referendum result
+can be overcome by establishing processes where citizens can initiate referendums to overturn legislation.
-No need for more referendums as only calling them on key constitutional issues is most successful way of bolstering legitimacy on these issues. More may lead to voter apathy (London Mayor referendum). Undermine representative democracy- weakens power of government
(1) will reforms enhance democracy in the UK-Initiatives
+UK could introduce to give public more direct control over making law
-Undermine UK democracy by removing politicians from making decisions- tyranny of the majority. 2009, Swiss voters used an initiative to ban construction of minarets in a vote that was seen by opponents as an attempt to curb religious practices of Muslims, impacting on right to religious freedom
info on 2nd reform act
1867
gave the vote to all settled tenants (men only) in the boroughs, creating a substantial working class franchise
info on 3rd reform act
1884
extended the franchise to rural and mining areas
enfranchised virtually all male householders and tenants
Features of an uncodified constitution
Not authoritative - Constitutional laws enjoy the same status as ordinary laws. States that have uncodified constitutions therefore have single-tier legal systems without any higher tier legal systems
Not entrenched - The constitutions can be changed by passing a statute law. This is reflected in the UK in the principle of parliamentary sovereignty through which through Parliament can make, unmake and amend any law it wants, including laws that affect the constitution.
Not Judiciable - Judges do not have a legal standard against which they can declare things constitutional or unconstitutional.
What are some landmark common law cases?
Somerset v Stewart 1772 (Nothing in English statute law justified slavery)Bushell's Case 1670
What are some examples of conventions in the UK?
Salisbury Convention
Collective Ministerial Responsibility
Consultation of Parliament to decide if we go to war
The public should be consulted in referendum to legitimise proposed changes to UK constitution.
What case placed EU law above UK law?
Factortame 1991
Why did Blair consider the British constitution in desparate need of repair?
Power was too centralised in Westminster.Citizens rights were insufficiently protected.The government was unaccountable .˙. the public were disengaged from politics.
What were Blair's main themes for constitutional reform?
Decentralisation
Democratisation
Transparency
Rights Protection
Why did Blair consider decentralisation an important constitutional reform point, and how did Blair want to fix it?
Too much power was centralised in Westminster. (Thatcher)
Scotland and Wales were offered their own elected governments.Cities and towns offered mayors.
Why did Blair consider transparency an important constitutional reform point, and how did Blair want to fix it?
There is a lack of trust in government.
The senior judiciary would be reformed. Freedom of Information Acts would make the government more accountable.
Why did Labour want to reform the House of Lords in 2000?
The government wanted it to be a more professional body by ensuring membership was based on merit and accomplishment rather than hereditary status.
What was the final major constitutional reform of Blair's government?
Constitutional Reform Act 2005.
The House of Lords is no longer a judiciary.
Opening of the Supreme Court.
Judicial Appointments Committee makes recommendations to the justice secretary on appointment of judges.
The new head of judiciary is no longer a political figure.
Creation of Lord Chief Justice.
What was the major constititional reform that the coalition government made?
Fixed-term Parliament Act 2011.
Why was the Fixed-term Parliament Act 2011?
A general election should be held exactly 5 years after the previous.
Snap elections became much more difficult to call.
If the government loses a vote of no confidence or the Commons agrees to a General Election by 2/3 majority a GE can be called.
How did the coalition further devolve power?
Increasing legislative power in Wales.
Scotland's ability to vary income tax by 10p.
The Scottish Government was given authority to borrow up to £5 billion.
How did the coalition increase trust in politicians?
The Recall of MPs Act 2015.
What was the Act known as that established the Scottish Parliament and Executive?
Scotland Act 1998.
What did the Scotland Act 1998 involve?
Devolution of primary legislative powers to Scotland, including:
Local government
Housing
Environment
Law and Order
Education
Health
Income tax varying by 3p.
How has Scotland used their devolved powers?.
Ban smoking in public places.
Freedom of Information Act 2002.
No tuition fees.
Council tenants cannot purchase their housing
What powers does Westminster reserve over Scotland?
Issues such as:
Foreign policy
Defence
Immigration
Monetary policy
What powers were Wales given due to devolution?
Powers over:
Healthcare
Education
Transport
Agriculture
What do Wales' devolved powers mean in practice?
They get to decide how to implement Acts of Parliament which had been passed at Westminster.
What powers did the Wales Act 2014 devolve to Wales?
Control over the number of taxes.
Change of the name from Welsh Assembly Government to the Welsh Government.
What powers did the Wales Act 2017 further devolve?
Right to vary income tax by up to 10p.
Power over electoral arrangements.
Power over transport.
Power over energy.
Establishes the Welsh government as a permanent feature of the UK constitution.
What powers have been given to NI
Education
Agriculture
Transport
Policing
Housing
Health and Social Services
How have critics argued the constitutional reforms have not gone far enough?
Devolution has not been granted to England.
House of Lords still lacks democratic legitimacy.
ECHR has been incorporated into UK law, but citizen's rights have not been entrenched in a constitution.
Why do people argue against further House of Lords reform?
It contains experts from every field, making their scrutiny high quality.
The House of Commons prevails due to their democratic legitimacy, preventing gridlock between the two houses.
Why did the case for electoral reform seem important in 2015?
A multiparty democracy seemed more likely.
UKIP and Green won 5 million votes but only won 2 seats.
Why has the case for electoral reform curtailed since 2015?
In 2017, Conservatives and Labour took 82.4% of the popular vote.
What are the arguments in favour of further devolution to England?
England is the most populous region, yet does not have their own government.
There is a popular case for devolution.
There is an asymmetric UK.
The Bartnett Formula means that spending per capita in England is less than in other regions in the UK.
Regional identity is strong in regions such as Cornwall and Yorkshire.
What are the arguments against English devolution?
Most English people are content that their interests are sufficiently represented in Parliament.
EVEL mostly addressed the West Lothian question.
An English Parliament could threaten the Westminster Parliament.
Not all areas of the UK have a strong sense of regional identity.
There could be a democratic overload which would undermine the legitimacy of any results.
What are the other countries that do not have a codified constitution?
Israel, Saudi Arabia, Canada and New Zealand.
What problems would the Investigatory Powers Act 2016 have run into in an instance with a codified constitution?
Civil liberties would have been protected in a codified constitution.
What have the criticisms of EVEL said?
It is an inherent advantage for Conservative governments, and disadvantage for Labour governments.
Conservatives tend to win most, if not all, of their seats in England.
Should the UK have a codified constitution with an entrenched Bill of Rights? (Yes)
Protections from arbitrary government.
Acts of Parliament can suspend provisions from other governments.
The authority of the Supreme Court would be enhanced.
A codified constitution would clarify the relationship between branches of government.
Minority rights can be more protected.
3 sections of parliament
House of Lords, House of Commons and the monarchy
What defines a parliamentary system?
-Legislature and executive are 'fused'- Walter Bagehot (not seperated)
-Governments are formed as a result of Parliamentary elections. Based on the strength of a party representation in the House of Commons. There are no seperate, direct elections for a Prime Minister.
-The personnel of government must come from Parliament, typically from the largest party in the Commons
-Government is responsible to Parliament, in that it can only continue to govern if it retains the confidence of the commons and can be removed through defeat on a vote of confidence. (confidence and supply)
-government has a collective 'face' and is based on the principle of cabinet government rather than personal leadership
- The PM is head of the government but not head of state- these 2 roles are strictly seperate
Define Vote of confidence
A motion in the Commons with the wording; 'That this House has no confidence in HM government'. If the vote is lost, a government may have to step down and if a new one can't be formed, a general election is called
General rule for the House of Commons
All MP's need to win an election to take their seat
What are unitary constitutions?
Establishes the constitutional supremacy of central government over local bodies. They do this by entrusting sovereignty in the national legislature, meaning that it can create or abolish, strengthen or weaken all other institutions. In the UK, this is Parliament. Devolved assemblies and local authorities do not, therefore, enjoy a share of sovereignty.
What are federal constitutions?
Divide powers between 2 levels of government. Both central government and regional government possess a range of powers that the other cannot encroach on. Many argue that as devolution has deepened, the UK's constitution has acquired a 'quasi-federal' character
Examples of statute law
Scotland Act 1998- established the Scottish Parliament
Government of Wales 1998- established Welsh Assembly
Human Rights Act 1998- translated the ECHR into statute law
House of Lords Act 1999- reduced the number of hereditary peers sitting in the House of Lords to 92
Constitutional Reform Act 2005-provided for a Supreme Court to take over the role of the Law Lords
Fixed-term Parliament Acts 2011- introduced the principle of fixed-term elections for the Westminster Parliament
Key Developments of the UK's constitutional settlement
Magna Carta (1215)
Commonwealth (1649-60)
Glorious Revolution (1688)
Bill of Rights (1689)
Act of Settlement (1701)
Acts of Union (1707)
Parliament Acts (1911 and 1949)
European Communities Act (1972)
New Labour reforms (1997-2001)
EU Withdrawal Acts (2018)
What is the Magna Carta
The 'Great Charter of Freedoms' imposed by rebellious barons on King John of England. In Magna Carta, the 1st systematic attempt was made to distinguish between monarchy and tyranny, based on the requirement that the King should rule justly and in accordance with a body of defined law and custom. Among the rights it established was the right of 'Habeas Corpus', which allows people to appeal against imprisonment without trial
How is the monarchy significant for the constitution
Serves as a symbol of political unity above party politics
Monarch has the right to:
be informed
be consulted
warn
encourage
Is the UK constitution fit for purpose- Y
Flexibility: The UK legal system is flexible due to statute law, allowing for easier passage of legislation compared to amending a codified constitution. This adaptability enables the legal system to stay relevant, as seen in instances like devolution responding to increased nationalism in Scotland and Wales.
Democratic Rule: The elected House of Commons holds supreme constitutional authority, reflecting democratic principles. The reduction of powers in the House of Lords through the Parliament Acts aligns with the idea that an unelected chamber should not obstruct elected government policies, although exceptions, like David Cameron's election from the House of Lords, pose challenges.
History and Tradition: The UK legal system, shaped by historical evolution, avoids entrenching outdated ideas within a codified constitution. This adaptability contrasts with the potential rigidity of a codified constitution that codifies historical rights.
Effective Government: Supported by statute law, the UK government can take strong and decisive actions. Decisions backed by statute law hold sovereign authority, providing a foundation for effective governance. For instance, the government's decisive actions during the Brexit process, such as implementing lockdown measures, demonstrate this effectiveness.
Is the UK constitution fit for purpose- N
Uncertainty-difficult to know what is being said. Flexibility is NOT a positive trait. Constitutions need to be clear and rigid as their job is to tell the government what to do. confusion surrounds many constitutional rules because they are not clear-particularly around unwritten rules, such as conventions
Centralisation- UK has an over centralised system of government with ineffective checks and balances, undermining democratic systems. Despite the reforms since 1997 government can still not be effectively checked, one of the key jobs of a constitution
Weak protection of rights- weak protection for individual liberties and basic rights. Passing of Human Rights Act 1998 has improved rights protection but it is not an entrenched bill of human rights
Elective dictatorship- Once elected, UK governments can act as they please until they come up for re-election. This is because sovereign power is vested in hands of Parliament and Parliament is routinely controlled, even dominated, by the government of the day. By concentrating the power in the hands of the executive, it allows the government of the day to shape and re-shape the constitution however it wishes, creating the impression that the UK doesn't have a constitution
Has devolution been a success?
Y
democracy closer to the people
devolved assemblies are very popular and there are no main parties suggesting devolution should be overturned
secured a peaceful environment in NI for over 20 years
metro mayors have led to greater regional identity
Welsh interest in devolution has increased since the very narrow referendum vote, as has the demand for greater powers for their Parliament
N
dramatically increased the demand for Scottish independence
Asymmetric devolution- differing powers of the different institutions is confusing
NI government has been suspended and the province ruled from Westminster many times
Interest in Metro mayors is low (29%)
England has been short-changed in terms of devolution
(2) What are think tanks
Groups of experts provide advice, ideas and policy proposals on political, economic and social problems
Info on great reform act
1832
Abolished 'rotten boroughs' that had no electors or few elections- controlled by single powerful patron
enfranchised almost all male-middle class property owners
increased electoral role by 2/3
Define Hereditary Peers
Members of the aristocracy who owe their title to their birth.
Define Devolution
The division of powers among regions of the country.
Define codified constitution
A single, authoritative document that sets out the laws, rules and principles by which a state is governed, and which protects the rights of citizens
Define uncodified constitution
A constitution that is made up of rules that are found in a variety of sources, in the absence of a single document
Features of a codified constitution
1- Authoritative. It contains 'higher' law, which gives rise to a 2 tier legal system, in which the constitution stands above statute law made by the legislature
2- Entrenched. They are difficult to amend or abolish. The procedure for making and changing the constitution is more complex or difficult than for making ordinary laws
3-Judiciable. All political bodies are subject to the authority of the courts, and in particular a constitutional court.
Info on the representation of the peoples act 1918
abolished almost all property qualifications for men
enfranchised women over 30 who met a minimum property requirement
electoral role 3 times the size, reaching over 21 million
43% were women (enlarged figure due to wwi)
Info on the representation of the peoples act 1969
lowered voting age from 21 to 18
What is pluralist democracy?
Taking into account different viewpoints from multiple parts of society.
(2) What is the difference between a pressure group and a movement?
Pressure Group - Formal Organisation and Structure
Movement - Loosely organised, more of an idea than an organisation. Wider goals (The Occupy Movement is widely anti-capitalist as an idea)
They are still similar however, as pressure groups can evolve from social movements.
(2) How do pressure groups take indirect action?
Publicity
Leaflets
Petitions
Providing Research on aspects of policy
(2)How do pressure groups take direct action?
Illegal Direct Action
Lobbying
Protest
Boycotts
Civil Disobedience
What are the types of Illegal Direct Action?
Terrorism
Violence
Criminal Damage
(2) Why do some pressure groups have more influence than others?
Resources Available - Volunteers, people donating money to the cause etc.
Tactics / Leadership - RSPCA secured the ban on hunting dogs in 2004 by collaborating with two similar groups.
Public Support - If the public are aligned with the cause, it becomes much easier to influence government as a result.
Government Attitudes - Insider contacts with government ministers and civil servants allow a major key to success for pressure groups.
What is statute law?
A parliamentary bill which has been approved by both Houses.
(In the UK there is no authority greater than statute law)
How is common law a source of UK constitution?
How the judiciary interprets statute law to set precedence to be followed in future cases.
What is common law?
Judgements made by judges in important legal cases.
What is a convention?
A convention represents the accustomed way in which political activity is carried out.
Conventions do not legally have to be followed, as their constitutional significance derives from the force of tradition.
What are authoritative works?
Texts of such profound and enduring political significance that they contribute to the constitution of the United Kingdom
What effect did the Factortame case have on parliamentary sovereignty?
Pooling sovereignty with a supranational organisation placed some limits on UK parliamentary sovereignty.
Under whose power were the majority of reforms conducted
Tony Blair
Why did Blair consider democratisation an important constitutional reform point, and how did Blair want to fix it?
There should be a greater usage of referendums on important constitutional reforms.
To encourage democracy, the House of Lords would be reformed.
Why did Blair consider rights protection an important constitutional reform point, and how did Blair want to fix it?
There was a lack of human rights protection.
Incorporation of the European Convention on Human Rights (ECHR) into UK Law.
Why have the House of Lords reforms been criticised?
Despite greater expertise, it still lacks democratic legitimacy.
Most life peers are appointed by PM, meaning political patronage becomes the main factor for appointment.
What happened to the Fixed-term Parliament Act 2011?
It has since been repealed.
Why did both the Conservative and Labour parties vehemently oppose electoral reform?
They are the biggest benefiters from FPTP.
How did the Conservative government address the West Lothian question?
They introduced EVEL (English Votes for English Laws).
Only English MPs get votes on English laws.
What event caused further desire for independence in Scotland?
The fervently remain vote in Scotland compared to the leave vote for the rest of England and Wales.
How was power to be shared under the Good Friday Agreement 1998?
A power-sharing assembly to fairly represent both unionists and nationalists.
What are the rules of first minister and deputy first minister in Northern Ireland?
The leader of the largest party is first minister.The leader of the second largest party is deputy first minister.
If one resigns, then the other must also resign.
What did Lord Hailsham warn about Parliament?
It could become an 'elective dictatorship' because there are so few constraints on the influence of government.
Why are there supporters of the UK's uncodified constitution?
It allows legislation to respond to social developments.
British constitution is highly democratic.
Define legislature
law making body of government
who is in the legislature in UK
Parliament
Define executive
Branch of government responsible for the implementation of laws and policies made by the legislature
Who is the executive in the UK
Government
Define Head of State
The leading representative of a state, who personally embodies the state's power and authority
What is the process of the composition of the House of Commons
-Consists of 650 MP's- number is not fixed but only varies when changes are made to constituencies by the Boundary Commission
-Each MP is elected by a single-member Parliament constituency using FPTP
-MP's are almost always representatives of a party and are subject to a system of party discipline
-Most MP's are backbenchers while the mincority, who are members of the government or shadow cabinet, are categorised as frontbenchers
define confidence and supply
The right to remove the government and to grant or withhold funding.
Also used to describe a type of informant coalition agreement where the minority partner agrees to provide this in exchange for policy concessions
What is the role of MPs in the House of Commons?
-Represent their constituencies and deal with the grievances of individual constituents
-expected to scrutinise government
-debate legislation and the great issues of the day
-legitimise legislation and represent popular consent
What is the role of backbenchers in the House of Commons?
-Not expected to criticise the government too strongly even when the interests of their constituency are an issue
-Opposition backbenchers are expected to play a prominent part in opposing the government as well as looking after the insterests of their constituency,
-Question ministers
-Participate in debates
-Voting on legislation
-participating in public bill and select committees
Role of the Official Opposition
-Opposes and critices the policies of the goverment
-To present themselves to the electorate as an alternative goverment
-all on committees in the Commons
-given 20 days a year to raise issues for debate
-Leader of the Official Opposition is called upon every Wednesday to question the PM and has more questions than anyone else.
Order of parliaments power from most powerful to least
PM, Cabinet, Junior Ministers, Government backbenchers, Shadow Cabinet and then Opposition Backbenchers
Role of the Whips
-All parties have
-responsible for ensuring that the work of the Parliamentary party run as smoothly as possible
-Work with opposition whip tp arrange the business of the House and send out memos of business to be considered for the next week
-Responsible for 'pairing' MP's who wish to be absent from the House.
-Ensure that the party leader is aware of the feelings of MPs on issues and legislation going through Parliament and vice versa
-Have many incentives and sanctions available and can make the life of an MP difficult if they are unwiliing to 'toe the party line'.
-At times of minority and coalition government, the job of whips is considerably harder becuase the power lies with the backbenchers rather than the government. (only takes a handful of backbenchers to rebel for the government to lose a vote.)
-Occasionally, an MP or group of MPs may refuse to comply with the whip's instructions, which can result in MPs being disciplined or the ultimate sanction: the whip is withdrawn (E
What was the Commonwealth (1649-60)
The period of English Republican government between the execution of Charles I and the Restoration, when Charles II returned to England. From 1663, to his death in 1658, Oliver Cromwell ruled as the Lord Protector refused
(1) Define direct democracy
A form of democracy that is based on the direct, immediate and continous participation of citizens in the tasks of government. As such, there is no distinction between government and the people. It is therefore a system of popular self-government
Popular participation is direct in that the people ‘make’ policy decisions- they do not merely choose who will rule on their behalf
Popular participation is immediate in that the people ‘are’ the government- there is no separate class of professional politicians
Popular participation is continuous in that people engage in politics on a regular and ongoing basis-all decisions are made by the people
Define representative democracy
People elect representatives to take decisions on their behalf
Advantages of representative democracy
Only practical system in a modern state, politicians have to choose parties, encouraging coherence of opinions & politicians are better informed
Example of direct democracy in a representative system
Referendums and recall of MPs Act 2015
Note
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