politics paper 2

Sources of the Constitution (UK Constitution)

SCREW:
Statute Law
Common Law and Conventions
Royal Prerogative
External Constitutional Agreements/Treaties
Works of Authority

Statute Law (UK Constitution)

Statute Law consists of laws that have been enacted by the UK Parliament.
An example is the European Union (Withdrawal Agreement) Act 2020, which facilitated the UK's exit from the EU, significantly altering the constitutional landscape by ending the supremacy of EU law in the UK.

Common Law (UK Constitution)

Common Law is developed through judicial decisions made by courts.
In 2019, the Supreme Court ruling in the case of R (Miller) v. The Prime Minister established that the prorogation of Parliament by Boris Johnson was unlawful, reinforcing the principle that the executive cannot override parliamentary sovereignty without judicial scrutiny.

Conventions (UK Constitution)

Conventions are unwritten practices that guide constitutional behaviour.
A recent example is the convention that the Prime Minister must command the confidence of the House of Commons, which was highlighted during Theresa May's premiership when she faced multiple no-confidence votes over her Brexit strategy.

Royal Prerogatives (UK Constitution)

Royal Prerogatives are historic powers held by the monarch but exercised by government ministers.
In 2018, the use of the royal prerogative was pivotal when Prime Minister Theresa May initiated Brexit negotiations under Article 50 of the Treaty on European Union, demonstrating how these powers can influence major constitutional actions.
In 2023, the use of the royal prerogative was similarly important when Prime Minister Rishi Sunak deployed UK troops alongside the US to eliminate Houthi-linked targets in Yemen, and was met with much backlash from Lib Dems, Plaid Cymru and so on.

External Constitutional Agreements (UK Constitution)

These are international treaties and agreements that affect the UK's constitutional framework.
The Brexit Withdrawal Agreement of 2020 between the UK and the EU redefined the UK's legal and constitutional relationships with European institutions, impacting domestic laws and regulations.

Works of Authority (UK Constitution)

Works of Authority are scholarly texts that interpret and explain constitutional principles.
For instance, in recent parliamentary debates, Erskine May's "A Treatise on the Usage of Parliament" was frequently cited to resolve procedural disputes and interpret parliamentary rules, guiding legislative processes.

Representation of the People Act 1928 (Changes to the Constitution)

This Act extended voting rights to women on equal terms with men, significantly broadening democratic participation and expanding the franchise.

Parliament Act 1949 (Changes to the Constitution)

This Act reduced the power of the House of Lords by limiting their ability to delay legislation, granting the elected chamber more power, given their legitimacy to govern.

European Communities Act 1972 (Changes to the Constitution)

This Act enabled the UK's integration into the European Economic Community (EEC), placing European law into the UK legal system.

Devolution Acts (Changes to the Constitution)

The Scotland Act 1998, Government of Wales Act 1998, and Northern Ireland Act 1998 established devolved parliaments and assemblies, granting significant legislative powers to Scotland, Wales, and Northern Ireland.

Human Rights Act 1998 (Changes to the Constitution)

This Act incorporated the European Convention on Human Rights into UK law, enabling UK courts to hear human rights cases. Emphasises conflict between Individual and the State.

House of Lords Act 1999 (Changes to the Constitution)

The Act abolished the automatic right of hereditary peers to sit in the House of Lords, reducing their number to 92 and significantly reforming the composition and function of the second chamber.

Constitutional Reform Act 2005 (Changes to the Constitution)

This Act established the UK Supreme Court, separating the judiciary from the House of Lords, and enhancing the independence and clarity of the judicial system.

Prorogation Controversy 2019 (Changes to the Constitution)

R (Miller) v The Prime Minister (2019)
Prime Minister Boris Johnson's attempt to prorogue Parliament was ruled unlawful by the High Court, reinforcing the principle of parliamentary sovereignty and checking executive overreach.

Equality Act 2010 (Changes to the Constitution)

This Act consolidated previous "anti-discrimination laws", providing a comprehensive legal framework for protecting the rights of individuals and promoting equality.

Recall of MPs Act 2015 (Changes to the Constitution)

This Act introduced a mechanism allowing constituents to trigger a by-election for their MP if certain conditions were met, enhancing democratic accountability.

Quasi Federalism (Devolution)

This refers to the idea where, despite having two clear sets of government (central and the devolved), more powers are given to the central government.

Scottish Parliament Continuity Bill 2020 (Devolution)

In 2020, the Supreme Court ruled that parts of the Scottish Parliament's Continuity Bill, which aimed to retain EU law post-Brexit, were beyond its legislative abilities.

This decision reinforced the idea that ultimate legislative authority rests with the UK Parliament, promoting the idea of a unitary state.

Covid-19 Pandemic Responses (Devolution)

Devolved governments in Scotland, Wales, and Northern Ireland implemented their own public health measures during the COVID-19 pandemic.

Despite this, the UK Government's control over major financial packages and national health strategies proved that the overarching authority was held within the central government.

Gender Recognition Act 2023 (Devolution)

In 2023, the UK Government used Section 35 of the Scotland Act to block the Gender Recognition Reform (Scotland) Bill, which had been passed by the Scottish Parliament.

This was the first time Section 35 had been invoked, giving the UK Government the power to prevent a Scottish bill from becoming law due to its potential impact on UK-wide legislation.

Manchester Health and Social Care (Devolution)

In 2016, Manchester was granted the power to control its own budget for health and social care.

2004 North East England Referendum (Devolution)

A proposal to establish an assembly in North East England was defeated by a 78% 'no' vote in a 2004 referendum.
The turnout was 47%, so might not be the most representative.

2022-2023 Spending per Head (Devolution)

Spending per head in England is lower than any other region in the UK:
SCOTLAND - £14,456
NORTHERN IRELAND - £14,453
WALES - £13,967
ENGLAND - £12,227

This proves the financial advantages that devolved administrations have had.

Repealing of the Fixed Term Parliaments Act 2011 (Debates on Reform)

Boris Johnson' repealing of the Fixed-term Parliaments Act 2011 has seen the return to the convention of PMs choosing when to call general elections.

The choosing of when to call a general election has now become a political decision, in which the government wants to choose a time which will ensure the most votes for them.

Rishi Sunak called an election for 4th July because the economy is doing well now.

Amnesty International's Claims (Debates on Reform)

In April 2024, the human rights charity Amnesty International accused the UK parliament of "deliberately destabilising" human rights through the Safety of Rwanda 2024, the Public Order Act 2023 (right to protest) and Sunak's plans to criminalise rough sleepers.

Safety of Rwanda Bill 2023 (Debates on Reform)

Lord Clarke warned that the Safety of Rwanda Bill would move the UK towards an 'elective dictatorship'.

After the High Court ruled that the Rwanda scheme was unlawful as Rwanda was an unsafe country, the government simply passed a bill to state that Rwanda is a safe country, and so went ahead with the plan.

Handling of Covid-19 (Debates on Reform)

During the COVID-19 pandemic, it could be argued that the PM Boris Johnson curtailed individual rights through the Coronavirus Act 2020 which gave 'emergency powers' to the government.

Our freedom of assembly and freedom of movement were curtailed by lockdown restrictions.
However, this was necessary to stop the spread of the pandemic.

Votes for Prisoners (Debates on Reform)

In 2005, the European Court of Human Rights ruled that the UK was in breach of the ECHR, due to not letting prisoners vote.

In 2018, the UK government proposed administrative changes which would allow prisoners released on temporary licence to vote.
In December 2017, the Council of Europe welcomed the proposals, agreeing to them as an acceptable compromise.

Burns Report 2017 (Debates on Reform)

The 2017 Burns report called for a reduction in the size of the House of Lords, and term limits for members, suggesting that the HOL is still in need for constitutional reform.

Composition of the House of Lords (Debates on Reform)

Examples of the HOL being unrepresentative of the general UK public:
The average age of the House of Lords is 71.
70% of Lords received private education.
Only 28% are women.
Only 2.6% are BME.

In Favour of the British Bill of Rights 2022 (Debates on Reform)

Yes:
Protection of rights.
Clarity and certainty.
Modernisation of democracy.
International standards.
Representative post-departure from the European Union.

Against the British Bill of Rights 2022 (Debates on Reform)

No:
Undermines Human Rights protections.
Judicial Independence
Erosion of International Commitments (ECHR)
Legal Uncertainty (Adjusting to new law)
Impact on Devolved Nations

Transport "Devolved" Powers in England (Devolution)

The Mayor of Greater Manchester, Andy Burnham, introduced the "Our Pass" scheme in 2019, providing free bus travel for young people.

Housing and Planning "Devolved" Powers in England (Devolution)

The West Midlands Combined Authority, under Mayor Andy Street, launched a £100 million housing fund in 2019 to deliver new affordable homes.

Health and Social Care "Devolved" Powers in England (Devolution)

Greater Manchester Health and Social Care Partnership managed health services and implemented local strategies during the COVID-19 pandemic.

Economic Development "Devolved" Powers in England (Devolution)

The Tees Valley Combined Authority, led by Mayor Ben Houchen, developed the Teesworks project in 2020, creating a large industrial zone.

Education "Devolved" Powers in England (Devolution)

The London Mayor's Office launched the Skills for Londoners Strategy in 2018, investing in adult education and skills development programs.

Health Devolved Powers in Scotland (Devolution)

In 2021, the Scottish Government introduced the National Care Service Bill, aiming to establish a new national care service for adult social care.

Education Devolved Powers in Scotland (Devolution)

The Scottish Government abolished fees for EU students in 2020, maintaining free higher education for this group despite Brexit.

Justice Devolved Powers in Scotland (Devolution)

The Hate Crime and Public Order (Scotland) Act 2021 was passed to modernize and consolidate hate crime legislation.

Transport Devolved Powers in Scotland (Devolution)

The 2021 decision to bring ScotRail under public ownership demonstrates the Scottish Government's control over rail transport.

Environment Devolved Powers in Scotland (Devolution)

The Scottish Government introduced a ban on certain single-use plastics in 2021 to combat plastic pollution.

Health Devolved Powers in Wales (Devolution)

The Welsh Government implemented a new opt-out organ donation system in 2015, and it continued to refine and promote the system in subsequent years.

Education Devolved Powers in Wales (Devolution)

In 2020, the Welsh Government rolled out the new Curriculum for Wales, focusing on a holistic approach to education.

Housing Devolved Powers in Wales (Devolution)

The Renting Homes (Amendment) (Wales) Act 2021 enhanced tenants' rights and improved housing standards.

Environment Devolved Powers in Wales (Devolution)

The introduction of a charge for single-use carrier bags in 2011 was followed by further environmental initiatives, like the ban on certain single-use plastics in 2020.

Economic Development Devolved Powers in Wales (Devolution)

The Welsh Government launched the Economic Resilience Fund in 2020 to support businesses during the COVID-19 pandemic.

Health Devolved Powers in Northern Ireland (Devolution)

The Health and Social Care (Control of Data Processing) Act (Northern Ireland) 2016 allowed better data sharing to improve health outcomes, and initiatives like the COVID-19 vaccine rollout were locally managed.

Education Devolved Powers in Northern Ireland (Devolution)

The introduction of the "A Fair Start" report in 2021 aimed at addressing educational underachievement among disadvantaged groups.

Justice Devolved Powers in Northern Ireland (Devolution)

The Domestic Abuse and Family Proceedings Act (Northern Ireland) 2021 criminalized coercive control in domestic relationships.

Transport Devolved Powers in Northern Ireland (Devolution)

The Northern Ireland Executive introduced measures to improve public transport infrastructure, including the Belfast Rapid Transit project.

Environment Devolved Powers in Northern Ireland (Devolution)

The Northern Ireland Executive's "Environment Strategy for Northern Ireland" launched in 2021, focusing on sustainability and climate change mitigation.

Constitutional Reform (Debates on Reform)

Changes to the fundamental rules and principles by which a state is governed, aiming to improve the constitution or adapt it to new circumstances.

Scottish Independence Referendum (Debates on Reform) (Devolution)

In 2020 and 2021, the Scottish Government, led by the SNP, repeatedly called for a second independence referendum, arguing for greater sovereignty and the right to self-determination.

Nature of the Constitution (Debates on Reform)

Various legal scholars and political groups have advocated for a written, codified constitution to provide clearer governance rules and protect rights in a better way.

Gender Representation of Parliament (Structure and Role of Commons and Lords)

225 MPs (34%) are women in the House of Commons; 222 peers (28%) in the House of Lords.

In UK general population, this is 51% (according to the 2021 census). Therefore, can be noted as an underrepresented group in politics.

Ethnicity Representation of Parliament (Structure and Role of Commons and Lords)

10% of MPs in the House of Commons are of BAME background; 6% of peers in the House of Lords .

In the UK general population, it is 18% (2021 census).

LGBT Representation of Parliament (Structure and Role of Commons and Lords)

56 MPs (9%) are LGBT+ in the House of Commons.

In the UK general population, this is 3.2% (2021 census, although this number is likely to be higher because question in census was voluntary)

Age Representation of Parliament (Structure and Role of Commons and Lords)

Only 2% of MPs are aged under 30, while 52% are over 50.

Education Representation of Parliament (Structure and Role of Commons and Lords)

23% of MPs went to Oxford or Cambridge.

29% of MPs were privately educated; 41% in the Conservative party and 14% in the Labour party.

Structure and Role of the House of Commons

Lower house of Parliament, comprising Members of Parliament (MPs) elected by the public.

Responsible for making and passing laws, scrutinizing government actions, and representing constituents' interests.

Selection of Members for the House of Commons

MPs are elected in general elections held at least every five years. They could also be elected in by-elections, following the resignation or removal of MPs in previous circumstances.

Example: General elections held in 2015, 2017, and 2019 determined the composition of the House of Commons.

Main Functions of the House of Commons

Introducing and debating legislation.

Holding the government to account through Prime Minister's Questions and other parliamentary sessions.

Example: The passing of the Coronavirus Act 2020 in response to the COVID-19 pandemic, which was debated and voted on in the House of Commons.

Structure and Role of the House of Lords

Upper house of Parliament, comprising appointed members, including life peers, bishops, and hereditary peers.

Acts as a revising chamber, scrutinizing legislation and providing expertise.

Selection of Members for the House of Lords

Life peers are appointed by the monarch on the advice of the Prime Minister.
Hereditary peers take the position their family member previously held, however, bills have been passed to reduce this occurrence.

Example: Appointment of new life peers in the Dissolution Honours Lists, such as the 2019 list, which included individuals from various fields recognized for their contributions.

Functions of the House of Lords

Reviewing and revising legislation passed by the House of Commons.

Holding debates on various topics, drawing on members' expertise and experience.

Example: The House of Lords' amendments to the Brexit-related legislation, such as the European Union (Withdrawal Agreement) Act 2020, which underwent scrutiny and amendment in the House of Lords before enactment.

Powers of the HoC (Structure and Role of Commons and Lords)

Originating and amending financial legislation (Money Bills).
The Finance Bill 2019-20, which contained measures relating to taxation and public spending, originated in the House of Commons.

Legislative supremacy, as its decisions override those of the House of Lords.
The passing of the European Union (Withdrawal Agreement) Act 2020, which facilitated Brexit, demonstrated the House of Commons' legislative authority.

Powers of the HoL (Structure and Role of Commons and Lords)

Scrutinising and amending legislation, particularly non-financial bills.
The House of Lords made amendments to the Police, Crime, Sentencing and Courts Bill 2021, proposing changes to sentencing guidelines and police powers.

Delaying legislation and prompting reconsideration by the House of Commons.
The House of Lords' amendments to the Domestic Abuse Bill 2020 resulted in further debate and consideration in the House of Commons before the bill's final passage.

Debates on Powers of both HoL and HoC (Structure and Role of Commons and Lords)

Discussions on reforming the House of Lords, including proposals to make it fully or partially elected, reflect debates about rebalancing power between the two Houses.

The House of Lords (Hereditary Peers) Bill 2019, introduced by Lord Grocott, aimed to phase out hereditary peer by-elections, sparking debates about the future composition and powers of the House of Lords.

Disputes over the use of the Parliament Acts, which allow the House of Commons to bypass the House of Lords in certain circumstances, highlight tensions over relative authority.

The Parliamentary Buildings (Restoration and Renewal) Act 2019, which authorized the restoration of the Palace of Westminster, raised questions about the use of the Parliament Acts to expedite the legislative process.

Comparative Powers Example (Structure and Role of Commons and Lords)

The Safety of Rwanda bill went through the process of parliamentary ping-pong in 2024: the HOL met twice to consider outstanding issues on the bill that were rejected by the HOC.

Whip System (The Legislative Process)

If MPs ignore a three-line whip, they can be removed from the parliamentary party as a sanction (Boris Johnson did this to 21 Conservative MPs who opposed his EU withdrawal Bill in 2019).

Included senior MPs like Ken Clarke, Rory Stewart and David Guake.

Rebelling of Whip System (The Legislative Process)

MPs can rebel against the party whip, and even occasionally go as far as to resign from the party.

For example, protracted debates on a third runway for Heathrow, led to resignations. In 2016 Zac Goldsmith resigned as a Conservative MP over the issue, and in 2018 Greg Hands resigned from the government.
The Brexit debates resulted in eight MPs resigning from the Labour Party, and three from the Conservative Party. They formed a new party, the Independent Group for Change.

Whip Scandals (The Legislative Process)

Chris Pincher (Deputy Chief Whip) sexual misconduct (last straw of Johnson years)

Gavin Williamson as Chief Whip found by independent inquiry to have been bullying (forced to apologise)

Composition of HoL (Parliament)

At the moment, there are 92 hereditary peers, 26 bishops and archbishops.

Failure of Devolution (The Constitution)

In 2017, the coalition between Sinn Fein and DUP collapsed and led to prolonged gridlock and inaction at Stormont.

In 2024, DUP had retreated from this and led to Sinn Fein having the potential to regain political control in Northern Ireland.

Separation of Powers (The Constitution)

In 2005, the Constitutional Reform Act led to the creation of an independent judiciary - The High Court - after allowing members of the legislative (Lords from the House of Lords) to also be a part of the judiciary.

Use of E-Petitions (The Constitution)

6.1 million signatories on an E-petition requestion the revocation of Article 50 and the removal from the European Union in 2022.

Recall of MPs Evidence (The Constitution)

In January 2024, Peter Bone was ousted from the Conservative Party, due to a petition with 13.2% of his constituents signing it - triggering a by-election.

Commons Override Lords (Parliament)

In March 2024, several MPs rejected and blocked potential amendments to legislation surrounding the Rwanda Bill, highlighting that sovereignty lies within the elected chamber rather than the HoL.

Example of Individual Ministerial Responsibility (PM and the Executive)

In 2022, Dominic Raab forced to resign due to complaints about him bullying and harassing civil servants.

Example of Collective Ministerial Responsibility (PM and the Executive)

Amber Rudd and Rory Stewart, members of the Tory Reform Group who were publicly known for being against Brexit, had to stand down before the 2019 General Election, due to their stance on the matter and how it did not align with the collective view of the Conservative Party at the time.

Example of Collective Ministerial Responsibility (PM and the Executive)

Over the handlings of the Palestinian genocide, several Labour MPs (including Jess Phillips and Kate Osamor) were forced to resign in 2023 - for their comments which did not align with the rebranded Labour Party under Keir Starmer.

Representation in Cabinet (PM and the Executive)

Theresa May placed emphasis on making sure women were represented in her cabinet by appointing Amber Rudd as the Home Secretary in 2017.

This gender representation carried into 2023, as Suella Braverman was appointed Home Secretary by Rishi Sunak.

Examples of Bias in Cabinet (PM and the Executive)

In 2022, Liz Truss appointed her publicly known closest allies to a high position in her cabinet. Kwasi Kwarteng took the role of Chancellor of the Exchequer, while Therese Coffey took the role of Health Secretary.

Sofa Cabinet (PM and the Executive)

The term 'sofa cabinet' refers to a type of informal decision making within government.

Blair had an 179 seat majority in Parliament in 2001, and this led to all his decision making being done in an informal setting as he could rely on the idea that all his associates would agree.

PM Education (PM and the Executive)

In 2022, Liz Truss became the first PM to have ever gone to a comprehensive school. However, she only lasted 44 days and received little consultation to help her direct her leadership, so could be attributed as a requirement to be a good PM?

Style of Leadership Example (PM and the Executive)

In 2022, Boris Johnson could be attributed as a transactional leader, given the fact that he kept his cabinet under check through a reward and punishment system.

This is easily noted through the idea that he sacked Michael Gove, simply based on the fact he suggested Boris should resign.

Composition of Judiciary (Relations between the Branches)

There are only 2 women among the 12 High Court Justices in the UK at the moment, reinforcing the general notion that the UK Judiciary are "pale, male and stale" - The Law Society Gazette.

Judiciary Checking Legislative / Executive (Relations between the Branches)

The High Court ruled on the Miller II Case (2019) that Boris Johnson's proroguing of Parliament was unlawful as it was considered "an attempt to evade scrutiny".

The Daily Mail reported on this case, denoting that "Justices are the enemies of the people" in 2019.

Judiciary Checking Parliament (Relations between the Branches)

In 2023, the High Court ruled that the government's Rwanda Bill was unlawful, given that Rwanda's status was labelled as an unsafe country.

To counter this, Rishi Sunak passed legislation to decree it IS safe, and then continued with the Rwanda Bill anyway in 2024.

Conservative 2019 Manifesto on Judiciary (Relations between the Branches)

In 2019, Boris Johnson's manifesto promised to review the powers of the Supreme Court, in an attempt to limit them so he could "evade scrutiny".

Relevance of Magna Carta 1215 Today (The Constitution)

In June 2020, the UK marked the 805th anniversary of Magna Carta, emphasising its lasting impact on limiting royal power and establishing legal principles that preserve modern democracy.

This document established the principle that everyone, including the king, was subject to the law, laying the groundwork for parliamentary democracy and individual rights.

Relevance of Bill of Rights 1689 Today (The Constitution)

In March 2021, debates around the Police, Crime, Sentencing and Courts Bill drew comparisons to the Bill of Rights, particularly regarding the right to protest and freedom of speech.

The Bill of Rights cemented parliamentary sovereignty and certain civil liberties, influencing the development of constitutional monarchy and modern democratic principles.

Relevance of Acts of Union 1707 Today (The Constitution)

In January 2023, the UK commemorated the 316th anniversary of the Acts of Union, which unified England and Scotland under a single parliament, reflecting ongoing discussions about the union's relevance.

This act created the United Kingdom of Great Britain, creating a unified national identity while also sparking enduring debates on devolution and independence. (2014 IndyRef, The Devolution Acts)

Unentrenched and Uncodified Constitution (The Constitution)

The ongoing constitutional debates in 2022, particularly regarding the Human Rights Act and potential reforms, prove there is flexibility due to the UK's unentrenched and uncodified constitution.

Positive: It allows for evolutionary change, which matches the contemporary society without a difficult process to reform the Constitution.

Negative: At the hands of the government of the day, people's rights and civil liberties could be stripped of them very easily - seen through the proposal of the British Bill of Rights from 2022, which would infringe on some of the civil liberties granted from the HRA 1998.

Example of Parliamentary Sovereignty (The Constitution)

In October 2019, the UK High Court's ruling on the unlawful proroguation of Parliament by Boris Johnson attempted to protect the principle of parliamentary sovereignty and the judiciary's part in upholding it.

This case reinforced that, even the executive must respect parliamentary sovereignty and government actions remain subject to legal and constitutional matters.

The Rule of Law (The Constitution)

The rule of law is the principle that the law applies equally to everyone, that no one is above the law, and, in particular, that the Government must comply with the law.

The rule of law was a key topic in the December 2020 Internal Market Bill discussions, which challenged the legality of overriding parts of the Brexit Withdrawal Agreement.

Highlighted the role of the rule of law in maintaining checks and balances within the UK political system and that all actions taken by the government are legally justified.

Some Sources of Constitution (The Constitution)

1. The European Union (Withdrawal Agreement) Act 2020, which legally facilitated Brexit, illustrates the significance of statute law in the UK's constitutional framework.

2. The 2019 Supreme Court decision on prorogation demonstrated the importance of common law principles in interpreting and applying the constitution.

3. The convention of collective ministerial responsibility was tested during the 2018 Brexit negotiations, with notable resignations highlighting its role in maintaining government unity.

Further Devolution (Changes to the Constitution)

Scotland Act 2016
This Act, enacted in March 2016, devolved significant powers to the Scottish Parliament, including welfare and taxation.

It showed a substantial shift in the balance of power within the UK, promoting greater autonomy and addressing demands for increased Scottish self-governance.