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commons role of representation
2024 - 40% women, 14% ethnic minority, 23% privately educated when 6% national
financial privilege
2012 amendments to the welfare reform bill were overturned
BUT peers used powers to block 2015 tax credit reform (new regulations on 2002 tax credits act to cut bill by 4.4bn), argued they broke conventions
lords are powerful
illlegal migration act 2023 aiming to detain/remove illegal immigrants, Lords made 20 approved amendments eg protections for unaccompanied children
lords weak
Safety of Rwanda Act 2024 - stating Rwanda was a safe country to restrict the courts ability to block removals, Lords backed down on 2 amendments after it was thrown 4x between the houses
expert lords?
lord darroch of kew - former national security advisor
lord norton of louth - professor at Hull, giving constitutional insights
cameron - 245 peers in 6 years, patronage
boris - peter cruddas donor appointed in 2020 despite holac advice
power of rebellions
2025 threat of 120mp rebellion lead to Pip cut U - Turn, 52 abstention from winter fuel payment, reexapanded
Sunak making concessions due to threat of rebellions eg offshore wind, housing
BUT 2003 84 MPs voted against Iraq war
PMBs
success - Voyeurism Offences 2019, Abortion 67
conservative gov blocked Civil Rights (disabled persons) bill but introduced own Disability Discrimination Act in 1995 after pressure
BUT run out of time and not carried over eg Assisted Dying, filibustering issue, Sam Gymia Sexual Offences (pardons etc) 2016
backbenchers important
UQs - Oct 24 ministerial gifts
BBC 2010 - business 1 day a week, debates lead to laws eg Harveys Law 2015 (highways agency)
Parliamentary privilege no libel; select committees better since 2010
BUT removal of whip - starmer removes whip from 7 MPs voting for snp amendment to end 2 child benefit cap in 2024
select committees
scrutinise depts in commons and issues in lords eg Environment and Climate Change is permanent, Home Based Working is a special enquiry
30-40 end up as policy
Privileges Committee suggested 90 day suspension, seat would have gone for byelection prompting resignation
BUT gov not obliged to uphold, 2023 Levelling Up, Housing and Communities Committee expressed concerns that the dept had not responded to 7 of their reports within 2 months
how influential is supreme court
can issue ultra vires - Miller cases 2017 and 2019
can say legislation is incompatible with hra, hale quote
eg ruled rwanda bill was unlawful
found ni abortion restrictions incompatible with rights in 2018, occured oct 2019
2019 bedroom tax - housing benefit reduction unlawful under hra - breached right to a home
not legally binding, parliament decides which is taken - parliament always has the last word
gov can pass legislation afterwards - safety of rwanda act
devolution
1997 referendums
1998 scotland act devolving primary legislative powers eg education, health, housing; 2012 income tax variation powers
2016 alcohol sales estimate - base price 2018
gov of wales 2006 - limited powers, 2017 income tax variation
free prescriptions 2007
westminster retains foreign policy, defence etc powers
Supreme court - no legal brexit requirements, ruled second scottish independence couldn´t take place without westminster agreement in 2022, ruled against high court with legal def of woman under ea
is parliament sovereign
yes, can limit exec through votes, no confidence votes, role of scrutiny
but exec has whip, timetable, secondary legislation, a mandate
royal prerogative powers - eg do not need to consult parl on use of forces, may 2018 syrian air strikes
always changing - special circumstances eg coronavirus act 2020 essentially giving up sovereingty to the exec
is fptp good
produces stable government who can pass laws with ease - 80% said gov was more confused during coalition
not proportional - 2015 tories 37% votes 51% seats
In 2019 12 seats were won with margins of under 1%
Is AMS better than FPTP?
first round is fptp - constituency vote
regional vote - eg scotland 8 regions electing 7, use of dhondt formula (regional vote for party/constituency seats held +1), cancels out some effects, repeated until seats are filled
voter has 2 votes, greater representation etc
complex, not that dissimilar, blurred accountability
Is stv better than fptp
broadly proportional with no wasted votes, provides a wide choice
complex, time consuming, unclear accountability
18 regions have 5 representatives, voters rank these
droop quota - total votes/seats available +1 +1
votes over this are redistributed/last knocked out
what are the other voting systems
sv - 1 and 2 choice, if no majority achieved after 1 choice, top 2 continue and 2 choice are added
used for metro mayors - not proportional, wasred votes but easy to run
av - rank, if no 1 majority, fewest is eliminated and 2 choice is counted - no spoiler effect/tactical voting but 2 party system
av+ - 85% av but also another vote, topped up from county wide party lists for broader proportionality
why has there been no electoral reform
1997 election manifesto committed labour to set up an independent comission, electoral success dampened blairs enthusiasm for reform despite 1998 jenkins report
2010 cameron committed to new system, equalising constituencies, fixed term and recall of mps act, may 2011 av referendum
67.9% opposed
are referendums good
yes - gives legitmacy to large changes, usually predicatble results, encourage participation, pressure on government
no - not nuanced, not legally binding, before 2010s last used in 1970s, too many recently, pwoplw vote in self interest, complex and expensive, close results are divisive
further - initiatives - people themselves decide eg by signing a petition, must be 5% voters in california
are recall elections good/how do they work
act 2015 - 10% must sign petition, can only be initiated if MP is convicted of making false allowances claims, susoended from house atc
good - empowerment, check and balance, eg 2019 christopher davies Brecon and radnorshire convicted for misleading offences, 18.9% votes against him, replaced by lib dem jane dodds
bad - costly, could be influenced by the media, could be abused
does representative democracy work?
yes - accountability - jared o mara 2017-19 sheffield hallam mp charged with 7 counts of fraud
yes - rosie cooper, west lancashire championing deaf rights, bsl act 2022 through pmb
is there a participation crisis?
differential turnout is a problem - 2017 only 54% 18-24 voted but 71% of 65+
undermined legitimacy - under 60% in 2024
rise of anti politics - 2019 audit of engagement said 50% said main parties didn’t care
polarisation leads to more engagement? - 8% local election increase 25-6
other ways to engage - 2011-15 37 petitions reached 100k signature and 31 were debated
party membership shows participation - 100,000+ snp members
rspb has more members than main parties combined - pressure groups
has the franchise been successfully extended?
yes - great reform acts 1832/67/84
following nuwss and wspu - representation of the people act 1918 - women over 30 who met conditions
1928 - all adults over 21
69 - 18
bill 2026 - under 16s, scottisg elections act 2016
are civil liberties sufficiently protected?
part of law of land, can be changed, not entrenched
1215 magna carta - article 61, lawful dissent, used in covid
1998 hra incorporated echr - under question, exeptions eg belmarsh case 2004 suspending right to liberty to keep terrorsit suspects in custody w no charge - prevention of terrorism act
2000 foi act has exceptions
2010 equality act
must balance individual and collective rights eg lee vs ashers baking company - christian belfast bakery won in sc in 2018 as message contravened beliefs