A-Level Politics

(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

define constitution

Something which spells out the principles by which a government runs and the fundamental laws that govern a society.

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.