UK government & politics

What is an example of statute law

Human Rights Act 1998

What is common law?

A body of law established through judges making same rulings over time.

Example of common law

Murder ruling well established over time so no need for statute law.

Examples of a convention

Salisbury convention

That the Lords can't delay or block legislation that was in the current government's manifesto.

Why are works of constitutional authority important?

They are needed to:

Fill in gaps in the constitution that may be confusing.

Interpret the constitution correctly as can be very wordy and old-fashioned in language.

Example of constitutional works of authority

A.V. Dicey - An Introduction to the Study of the Law of the Constitution

It defines the twin pillars of the constitution as parliamentary sovereignty and rule of the law, helping to establish this.

What were the Wright Reforms?

General idea was to give backbenchers more power to choose and schedule their own agendas and activities.

- Chairs of most select committees were directly elected by the House of Commons.

- Backbench business was scheduled by the new BbBC.

- E-petition systems introduced

- Members of departmental backbench committees selected by MPs - more MP ownership and scrutiny.

Example of the UK constitution's flexibility to change with the times

The European Communities Act 1972 - kind of overrides the parliamentary sovereignty idea which is ok bc it was only a convention and work of authority. It said the EU law could override UK law in certain areas.

Changes made to constitution from 1997-2010 Gordon & Blair - +pros and cons

1. Devolution - created smaller bodies of power/assemblies in Scotland, Wales and Northern Ireland giving them a voice. ✓More region sensitive and closer to citizens XX but threatens stability and Scottish vote on English but not vice versa

2. Electoral reform particularly in devolved bodies and introduced general procedure for voting reforms - ✓so better rep of smaller parties and scrapping FPTP made it more proportional to votes so fairer, referendums is direct democracy and legitimacy. XX Participation still disappointing and also didn't actually do proportional representation in Westminster, referendums undermine parliamentary sovereignty and some decisions to complex for public.

3. House of Lords Reform Act 1999 - restricted law making power and limited hereditary peers to 92. ✓more legitimate so can hold gov to account better and more fitting to times. XX hasn't long term reduced size of chamber currently around 800 members bc life peers appointed and PM now selects lords so too much power to PM.

Changes made to constitution from 2010-2015 coalition - Cameron & Clegg

1. Further devolution (but a lot less) - more power to Welsh assembly (primary law making powers) bc of 63% yes vote and Scottish more power under 2012 Scottish Act and gained legislative powers in many new areas and powers on tax.

2. Fixed Term Parliament Act 2011 - parliaments last 5 years unless lose confidence vote in parliament or 2/3 MPs vote for early election. ✓ stops PM calling early elections so no manipulation. XX 5 years too long leading to 'zombie parliament' in last year. Act essentially repealed in 2022 giving monarch power to dissolve and summon parliament.

3. Wright Reforms (to HOC) - gives backbenchers more power to choose and schedule own activities - ✓ select committees revitalised as many highly effective chairs more prepared to challenge the government and e-petition thing was very successful. XX No failures

How much did conservative get from private donors in 2019 elections?

In the 2019 election year, they received £21.5 million from 71 private super-donors (those giving at least £100,000).

Constitutional reform since 2015 (devolution and Brexit)

1. Devolution - Scotland Act 2016 & Wales Act 2017 - evolved additional legislative powers and recognised parliament as permanent feature of UK parliament (bc it can't be dissolved unless voted for in Scottish referendum). Also established idea of Sewel convention where UK government needed consent for decisions. BOTH (context - Scottish Independence Referendum 2014

English votes for English Laws procedure introduced but was repealed in 2021.

2. Brexit had a huge impact on the constitution - with 2018 European Union Act where new laws created by EU were no longer taking effect on the UK. Changed constitution by asserting parliamentary sovereignty over EU law.

Which powers do all 3 devolved bodies have reserved? (so not up to them)

Constitution

Economy

Foreign affairs

Immigration

What are some arguments for devolution in England to be taken further?

English votes for English laws - West-Lothian question

Power in England extremely centralised in Westminster which the devolved bodies don't have.

What was the Andy Burnham scandal related to devolution? Devolution in England.

He is the metro mayor of Greater Manchester.

He challenged Boris J for putting Manchester in Tier 3 without sufficient financial support.

This shows that although not official, there is some dimension of devolution as local mayors 'flex muscles' at the government.

What was other thing about devolution & COVID involving Scotland?

Despite Nicola Sturgeon handling the COVID situation very well (better than BoJo in England) the harsh economic reality of support from Westminster showed the effects of more independence and devolution on these matters.

What is the term for devolution being different in the 4 regions?

Asymetric devolution

What was the act passed for Scottish devolution?

The Scotland Act 1998 - created Scottish parliament passing on devolved matters.

What powers do the metro mayors have?

Powers over:

Transport

Housing and planning

Skill

Economic development

etc.

Which powers are devolved in Scotland?

Healthcare

Education

Policing

Transport

What is an example of asymmetrical devolution in Wales

Justice and policing is reserved under Westminster in Wales - unlike Scotland and N.Ireland.

What happened at referendum on Welsh devolution?

1997 - was super close call and also voter turnout was so low at about 50% so basically only a quarter of population voted for it - so unlike Scottish independence referendum which has such high voter turnout.

What event was followed by devolution in Northern Ireland?

The Good Friday Agreement 1998

What are the 3 models of representation in terms of MPs?

Trustee model - trusted by public to do what MP thinks is best for constituency.

Delegate model - MP is a messenger of the constituency and has no opinion of their own.

Doctrine of Mandate model - when a party wins an election, they get a mandate to carry out the policies in manifesto so MP must only follow that and the party's values.

What are the exclusive powers of the House of Commons?/weaknesses of HoL

MPs are elected so more legitimacy.

HoC has exclusive control over "money bills" which HoL can't block or delay.

HoC can remove the party in government which the HoL can't do.

HoL can't block any legislation that was in the HoC leading party's manifesto (Salisbury convention).

What are the 3 categories to use when comparing HoL and HoC?

Scrutiny

Representation

Legislation

How are lords chosen?

They are appointed by the King on advice from the PM (but I think they can be nominated by their party??)

Example of a Lords with expertise

Lord Krebs - in field of zoology and ecology - renowned scientists who made significant discoveries in the behaviour of birds.

Percentage of private school educated members of HoC and HoL.

HoL - 57%

HoC - 23%

Overall in UK society - 6-7%

Departmental vs normal select committee?

Departmental - in Commons and scrutinise specific departments within the government e.g. Home Affairs DSC shadows the Home Office.

Normal - both in Commons and Lords scrutinises performance on a single thematic issue.

In what ways does the House of Lords have more power?

- Legitimacy due to their expertise e.g. Lord Krebs

- Can delay legislation ping-ponging it back and forth causing huge delay.

- Can heavily scrutinise especially by their select committees + they have limited party whipping.

In what ways does the House of Commons have more power?

- House of Lords can't delay money bills.

- Due to Salisbury convention can't block anything in the manifesto.

- Only Commons can have a confidence vote.

- Democratic legitimacy as are voted in.

- Can only delay legislation for up to 1 year.

Roles and powers of backbenchers

- Can ask questions in PMQs and Question Time (Lords too)

- Part of select committees so can scrutinise (also in Lords)

- Can put forward private members bills - e.g. assisted dying bill (also Lords)

- Represent their constituency

In what ways do backbenchers have limited power?

- Party whips have a lot of control over them so not that much scrutiny possible.

- PMQs still dominated by opposition party so not much time for them.

- Select committees are often ignored by the government as their recommendations are non-binding.

- Private members bills are rarely successful.

How could the reforms in 1997-2010 period be taken further?

Devolution - English votes for English laws. Devolved bodies still subordinate and could be dissolved at any point meaning no trust.

Electoral reform - still no PR brought to Westminster elections despite limited success with FPTP.

House of Lords reform Act - no. of Lords still creeping up to about 800 as life peers stay. Should have gotten rid of all hereditary peers bc no legitimacy. House of Lords still unelected and chosen by King/PM 'elected dictatorship'.

How could the reforms in 2010-2015 be taken further?

Devolution - could still be taken further like above with English votes for English laws and devolved bodies still being subordinate and can be dissolved at any point.

Fixed Term Parliament Act 2011 - repealed in 2022 anyways so clearly not binding or strong enough. Also 2019 Conservative manifesto pledged to get rid of it as apparently led to paralysis.

Wright reforms - not all select committees can choose their own chairs. Backbench debates are still not that important and have limited authority and are more an opportunity for MPs to voice opinions.

Percentage of people who are prepared to vote if they feel strongly about something.

50%

Compare voter turnout of 20th century and 21st century.

Between 1945 and 1992 remained between 75 and 80%.

And in 21st century has been around 60%

Increases in voter turnout in 21st century

Rising from 59% in 2001 to 67% in 2019.

Voter turnout at Good Friday Agreement and Scottish Independence Referendum

Good Friday Agreement - 81%

Scottish Independence Referendum - 85%

Conservative membership drop statistics

Almost 2.8 million in 1950s to 180,000 in 2019.

Details on recent rise of party membership

Since 2013 there has been a resurgence e.g. in Lib Dem party from 43,000 in 2013 to 115,000 in 2019.

Statistic of people part of group politics

1 in 10 uk adults are part of such a group.

Example of pressure groups working with parliament

ASH - Action for Smoking and Health

Example of pressure groups working with political party.

Every year the Labour Party are sent six figures from trade unions like UNISON.

Pros of insider pressure groups working with parliament

Pros - receives more media coverage. Directly helps influence policy and decision making in the executive.

Pros and cons of insider pressure groups working with political parties

Pros - could lead to promise of legislation if/when party comes into power.

Cons - risk of lobbying and funding of parties causes corruption. Is not fair to make decisions based on highest payer. Approach only works if party actually comes to power.

Pros and cons of insider pressure group working with civil servants and ministers

Pros - supports the core idea of democracy as means people actually affected get a say. provides early access to government thinking, draft legislation etc.

Cons - no guarantee that ideas are listened to

What are the 4 outsider methods for pressure groups?

Marches and demonstrations - e.g. pro palestine

Direct action/ civil disobedience - e.g. Extinction rebellion

Online activism - #BLM movement

Legal action -

Key word to use when talking about why online action is not helpful for pressure groups

Slacktivism

Pressure groups - Legal action - what is it and pros and cons?

Judicial review - is a type of legal action every citizen has the right to to challenge decisions made by public bodies e.g. the government if they feel it's unlawful or against human rights.

Pros - Media coverage generates publicity & can slow implementation of bad policy.

Cons - costs of court can be restricting. And often action is unsuccessful.

Debate on whether wealth is biggest factor in determining pressure groups success.

Yes - can have big campaigns, take legal action, fund parties etc. Government fears them more as have more financial and economic power and influence.

No - wealth doesn't always translate to success as sometimes campaigns can be expensive and big but out of touch etc. Also wealth is knock on effect of popular support

Example of pressure group campaign that had a lot of popular support

Marcus Rashford free school meals - due to his fame has a lot of support.

What did David Cameron introduce to stop corruptive lobbying?

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration 2014 - essentially all lobbyists must be registered and must declare their clients 4x a year.

However was weak because didn't take into account in house lobbying so still 85% of lobbying still unreported. Also no restrictions on revolving door and gift giving.

Example of a UK think tank

Demos

Example of a PM using think tanks

Blair used think tanks to establish his Third Way shift facing a more left wing party membership.

In what way is the SNP party divided?

Gradualists (want policies like devolution) vs fundamentalists (want Scottish independence)

What is the position of the SNP party on the political compass?

Moderate centrist party - slightly leaning towards social democratic.

What year did the SNP form the largest party in Scottish Parliament and what happened in terms of government.

2007 - they formed a minority government.

When was SNP’s first majority government?

2011

What referendum did SNP hold?

Scottish independence referendum 2014 - but was defeated.

Main economic policy of SNP

Against austerity and spending cuts (e.g. those in 2010).

Want employment rights to be devolved to Scottish Parliament and want to boost minimum wage.

Want to scrap Trident Nuclear Armed Submarine to spend on public services and normal armed forces.

Main welfare policy of SNP

Power of welfare moved to Scottish Parliament.

Scrap Universal Credit System (because causes austerity) and reverse benefit cuts.

More healthcare spending and protecting NHS from privatisation.

Main law and order policy of SNP

Focus on own performance in Scotland (law and order is a devolved power).

Want to convince Westminster to scrap VAT on emergency services in Scotland.

SNP foreign policy

Scrap BREXIT - if BREXIT goes through, could trigger another independence referendum.

Goal is independent Scotland to be a fuller member of the EU.

Opposes possession of nuclear weapons.

When was the last time the government was not conservative or labour?

Since Liberal Party government that ended in 1922.

How many seats to conservatives and labour get consistently and since when?

Seat share consistently about 400 since 1945.

Factors affecting party success

1. Party funding - lobbying, donations etc.

2. Majority in Parliament

3. Leader - charisma, uniting etc.

4. Unity of party e.g. in Conservative Party very split during Brexit times made it weak.

5. Media - BBC is from taxpayer money and supposed to be unbiased but often accused of being biased.

How have the wright reforms made select committees better?

Removing appointment of chairs and members from party whips. Creating Backbench Business Committee. Introducing secret ballots (usually used to elect committee chairs).

When was House of Lords Reform Act?

1999

In the second round of reform (2010-2015) what made Scotland and Wales get more powers?

2012 Scotland Act and 2011 Welsh devolution referendum.

Voter turnout of 2011 Welsh devolution referendum

35%

When was the Fixed Term Parliament Act? and what were the failures

2011 - was repealed in 2022 and also could lead to ‘zombie parliament’ if too long and just waiting around.

What were the acts that made the Scottish and Welsh parliaments permanent?

2016 Scotland Act and the 2017 Wales Act

What other aspect of devolution was established post 2015

Sewel convention - need to ask for consent on devolved matters.

What was that act that was part of BREXIT that reestablished parliamentary sovereignty

2018 European Union Act - (repealed European Communities Act 1972).