1. The Constitution

Question 1

What is a constitution?

Answer 1

A set of rules on how a country should be governed and guarantees rights to the people that live there

Question 2

What is the purpose of constitutions?

Answer 2

• Constitutions are designed to set out the rules and regulations within which governments operate
• They establish the composition, powers, and functions of the institutions of the state, regulate the relations between these institutions, and enshrine the legal rights and duties of the citizenry

Question 3

What are codified constitutions?

Answer 3

• Largely written and centred around a single document incorporating key constitutional provisions that are binding on all political institutions
• They are usually ‘entrenched’, enjoying the protection of a higher or supreme court, and can only be repealed or amended by special provisions, beyond the ordinary legislative process
• E.g. The American Constitution of 1787, or the German Basic Law of 1949

Question 4

What are examples of uncodified constitutions?

Answer 4

The United Kingdom and New Zealand are two of the only liberal democracies that dont have a codified constitution of this kind.

Question 5

What were the key historical documents that developed the constitution over time?

Answer 5

• Magna Carta (1215)
• Bill of Rights (1689)
• Act of Settlement (1701)
• Acts of Union (1707)
• Parliament Acts (1911, 1949)

Question 6

How did the Magna Carta (The Great Charter (1215) help develop the constitution?

Answer 6

The Magna Carta stated the principle that no one should be deprived of liberty or property without due process of law

Question 7

How did the Bill of Rights (1689) help develop the constitution?

Answer 7

The Bill of Rights included provisions for regular parliaments, free elections, freedom of speech within parliament (parliamentary sovereignty)

Question 8

How did the Act of Settlement (1701) help develop the constitution?

Answer 8

The act established the right of parliament to determine the line of succession to the throne. The monarch cannot be roman catholic

Question 9

How did the Acts of Union (1707) help develop the constitution?

Answer 9

• Both countries were now placed under one parliament based in Westminster
• This was the basis of the United Kingdom until Tony Blair’s New Labour government passed legislation to set up a Scottish parliament once again in 1997. Brought England and Scotland together under one parliament

Question 10

How did the Parliament Acts (1911, 1949) help develop the constitution?

Answer 10

• The 1911 act affirmed that the Lords could not delay money bills. For non-financial bills, the power of veto was replaced with a two-year delaying power.
• The 1949 act reduced this delaying period to one year. Limiting powers of the House of Lords and giving the upper hand to the House of Commons

Question 11

What is the ‘due process’?

Answer 11

The system of law that applies to everyone and that if you’re arrested they have to go through the regular process

Question 12

What is the ‘Salisbury Convention?

Answer 12

An agreement where the HofLs promised to not block any bills or legislations from the HofCs if its apart of the government’s manifesto

Question 13

What does ‘entrenched’ mean?

Answer 13

A constiution protected by a higher court and requiring special procedures to amend it

Question 14

What does ‘Unitary’ mean?

Answer 14

A political system where all legal sovereignty is contained in a single place

Question 15

How is the UK constitution distinctive to other constitutions?

Answer 15

• Its uncodified - Its derived from a number of sources, some written down, while others are unwritten
• Its unentrenched - Can be altered relatively easily, by a simple majority vote in parliament. Therefore, It has a higher degree of flexibility than a codified constitution. In the UK all laws have equal status
• Its unitary - sovereignty has traditionally been located at the centre with the component parts of the country - England, Stotland Wales and Northern Ireland - all essentially run from London and treated in a similar way
• Uk now described as a ‘union state’ as although the centre remains strong, the individual sub-national units are governed in different ways. The distribution of power between the central and regional governments of the UK can still be altered by act of parliament

Question 16

In 1885 what was written and identified as the two key principles of the UK constiution?

Answer 16

• Written by A.V. Dicey
• Identified the first key principle was parliamentary sovereignty
• Identified that the other major principle was the rule of law

Question 17

What is parliamentary sovereignty?

Answer 17

The principle that parliament can make, amend or unmake any law, and cant bind its successors or be bound by its predecessors

Question 18

What is ‘the rule of law’?

Answer 18

The principle that all people and bodies must follow the law and can be held to account if they do not

Question 19

In 1885 what did A.V. Dicey argue the reason was behind the rule of law being a key principle of the UK constitution?

Answer 19

• He argued that this was the main way in which the rights and liberties of citizens are protected
• Respect for the rule of law is important as it acts as a check on parliamentary sovereignty, which in theory might take away peoples liberties

Question 20

What is the rules under ‘the rule of law’?

Answer 20

• Everyone is entitled to a fair trial and no one should be imprisoned without due legal process
• All citizens must obey the law and are equal under it
• Public officials are not above the law and they can be held to account by the courts
• The judiciary must be independent of political interference

Question 21

What are the three main ways parliament can be said to be sovereign?

Answer 21

• No parliament can bind its successor. Parliament has the righ to amend or reapeal any acts passed by previous parliaments. E.g., in 2003 parliament repealed Section 28 of the 1988 Local Government Act, which had made it illegal for local authorities and schools intentioanlly to promote homosexuality
• Parliament can make a law on any subject. E.g. the major social changes of the mid-1960s - legalising abortion and homosexuality, making divorce easier to access and abolishing the death penalty - depended on the passing of acts of parliament
• Legislation passed by parliament cannot be struck down by a higher body, such as a constitutional court. E.g. Bill of Rights (1689) - Final settlement that stated Parliament had the final say in all matters of law, but only with the approval of the monarch

Question 22

What is royal prerogative?

Answer 22

The authority given by the King to the government, specifically the Prime Minister, to make decisions on his behalf

Question 23

What is a historic feature of the UK Constiution?

Answer 23

• The Royal Prerogative
• It gives the Crown (the monarch) special powers, including the power to declare war, to make treaties, to pardon criminals, and dissolve Parliament
• Today the role of the monarch in such matters is largely ceremonial, but the Royal Prerogative gives considerable powers to government ministers acting on the King’s behalf
• Part of the Royal Prerogative is Parliamentary Sovereignty, or the right of Parliament to scrutinse the actions of government ministers

Question 24

What are the main 5 sources of the UK Constitution?

Answer 24

• Statute law
• Common law
• Conventions
• Authoriative works
• Treaties

Question 25

As a main source of the UK constitution, what is statute law and an example of it in action?

Answer 25

• Laws passed by parliament
• Not all laws are constitutional, only those that affect the nature of the political system and citizen’s rights
• It is the most important source as it is underpinned by the concept of parliamentary soverignty
• E.g. The 1998 Scotland Act, Government of Wales Act and Northern Ireland Act created devolved legislative bodies, which were given some powers previously held by Westminister

Question 26

As a main source of the UK constitution, what is common law and an example of it in action?

Answer 26

• Laws made by judges where the law does not cover the issue or is unclear providing precedents for later judgements
• Important in cases where it is not clear how statute law should be applied in practice
• E.g. The presumption that a person accused of a crime is innocent until proven guilty. The medieval concept of habeas corpus (a Latin phrase meaning literally ‘you may have the body’) is a common-law protection against unlawful imprisonment, which was converted into a statute in 1679

Question 27

As a main source of the UK constitution, what is conventions and an example of it in action?

Answer 27

• Traditions not contained in law but influential in the operation of a political system
• Customs and practices that do not have legal force, but which have been broadly accepted over time
• Can be challenged and changed by an act of parliament
• E.g. The principle, established since the 2003 Iraq War and subsequent parliamentary votes, that expect in an emergency, the government will not order military action without prior parliamentary approval

Question 28

As a main source of the UK constitution, what is authoritative works and an example of it in action?

Answer 28

• Works written by experts describing how a political system is run, which are not legally binding but are taken as significant guides
• E.g. Erskine May’s Parliamentary Practice, first published in 1844 and regularly updated explains the rules of parliamentary life

Question 29

As a main source of the UK constitution, what is Treaties (including european union law) and an example of it in action?

Answer 29

• Formal agreements with other countries, usually ratified by parliament which UK governments have signed since joining what is now the EU in 1973
• Following the 2016 referendum, preparations are being made for the UK to leave the EU
• E.g. Arguably the most important treaty was Maastricht (1992), which transformed the European Community into the European Union

Question 30

What have been the reasons argued in why the UK constitution should be reformed?

Answer 30

• Corruption and sleaze associated with the House of Commons. E.g. expenses scandal
• Fairness of the electoral system
• Future of the House of Lords.
• Erosion of civil liberties
• Increasing number of unelected ‘quangos’ (A Quasi unelected administrative government organisation)

Question 31

What is one strength and weakness of the UK (uncodified) Constitution?

Answer 31

• Strength - Easy to change at any time due to the fact that it’s flexible and more dynamic than other Constitutions
• Weakness - It’s difficult to understand and no one really knows anything about it

Question 32

How did the constitution change from 1997 onwards?

Answer 32

• The election of a labour governmnet in 1997 after 18 years over ruling by the conservative party led to a range of constitutional reforms
• These were more far-reaching than anything attempted by governmnets for generations.
• Since the end of the Labour government some of these reforms have been developed further

Question 33

What were the reasons behind the pressure for reform in the 1990s?

Answer 33

• ** Demands for modernisation **- New Labour, led by Tony Blair, embraced constiutional reform to modernise British institutions, differing from Old Labour’s focus on economic and social issues.
• Open to pressure groups like Charter 88 (later renamed unlock democracy), New Labour aimed for open democracy and enhanced citizens’ rights.
• Blair anticipated potential collaberation with the Liberal Democrats, sharing a commitment to constitutional change, notably reforming the first-past-the-post electoral system, before securing a significant majority in the 1997 election
• The experience of Conservative rule, 1978-97 - Conservative governments’ resistance to constiutional reforms has helped build pressure for change, particularly in Scotland, where the London government being distant led to a sense of neglect and being ignored.
• Scottish rejection of Conservative policies, including the unpopular poll tax, trialed in 1989 before its implemntation in England and Wales, added to the dissatisfaction.
• Accusations of corruption or ‘sleaze’ against parliamentarians in the 1990s further contributed to questioning the health and integrity of traditional institutions

Question 34

What are the 5 major areas of reform the Labour government has made between 1997-2010?

Answer 34

• HofLs reform
• Electoral reform
• Devolution
• The Human Rights Act
• The creation of the Supreme Court

Question 35

What occurred with the ‘House of Lords reform’ the labour government made between 1997-2010?

Answer 35

• In 1997 the Labour government took office and the HofLs was dominated by hereditary peers who owed their titles to inheritance
• In 1999, the government decided the right of all but 92 of these peers to sit in the Lords
• House of Lords reform would reduce the influence of Labour’s opponents within the political system, as the majority of hereditary peers supported Conservative governments
• The removal of most hereditary peers also gave the Lords a more ‘modern’ appearance
• The majority of its members were now life peers, who were supposed to have been appointed on grounds of merit, reflecting a wide variety of fields of activity, including politics, business, the trade union movement, the arts and the military
• No political party now enjoyed a dominant position in the Lords
• From 2000 a House of Lords Appointments Commission nominated a proportion of peers who were not linked with a party. However, the PM and other party leaders continued to make nominations on party political grounds, and no agreement was reached on making nominations on party political grounds, and no agreement was reached on making the Lords either wholly or partly elected, so it continued to lack democratic legitimacy

Question 36

What occurred with the ‘Electoral reform’ the labour government made between 1997-2010?

Answer 36

• Various forms of proportional representation were introduced for elections to the Scottish Parliament, Welsh Assembly, Northern Ireland Assembly and European Parliament
• However, although the government commissioned a report into the system used for Westminster, chaired by Roy Jenkins, no action was taken
• Supporters of proportional representation concluded that, having won a crushing victory under the old system, Labour had no interest in changing arrangements for Westminster

Question 37

What does devolution mean?

Answer 37

The dispersal of power, but not sovereignty, within a political system

Question 38

What occurred with the ‘Devolution’ reform the labour government made between 1997-2010?

Answer 38

• Devolved bodies were created for Scotland, Wales and Northern Ireland following referendums in 1997-8 in these parts of the UK
• Labour’s devolution reforms were a pragmatic package, designed to damp down support for the pro-independence Scottish National Party (SNP) and to bring together the conflicting unionist and nationalist factions in Northern Ireland
• Demand for devolution in Wales was always weaker and the Welsh Assembly did not gain comparable powers to those of the Scottish Parliament
• The government had no answer to the so-called ‘West Lothian question’ - the anomaly that Scottish MPs at Westminster were able to vote on purely English matters, yet English MPs had no influence over issues devolved to the Scottish Parliament
• Another source of of grievance for England was the persistence of the Barnett formula, devised by Labour minister Joel Barnett in 1978, long before devolution
• This determines relative levels of public spending for the component parts of the UK on the basis of population than England
• An attempt to set up elected regional assemblies in England was abandoned after the only area in which a referendum was held to test public opinion, the North-East, decisively rejected the idea in 2004

Question 39

What occurred with the ‘Human Rights Act’ reform the labour government made between 1997-2010?

Answer 39

• This act incorporated the European Convention on Human Rights (ECHR) into UK statute law, enshrining rights such as those to a fair trial, freedom from slavery and degrading treatment, and respect for privacy and family life
• All future legislation had to be compatible with the ECHR
• Judges could not strike down laws that were incompatible with it but could highlight such legislation for amendment by parliament
• The limitations of the Human Rights Act were demonstrated by the government’s decision to ‘derogate from’ (declare an exemption from) Article 5, which gave individuals the right to liberty and security, in cases of suspected terrorism
• The introduction of control orders in 2005, which allowed the authorities to limit the freedom of movement of such individuals, highlighted the unentrenched nature of the act

Question 40

What occurred with the ‘creation of the Supreme Court’ reform the labour government made between 1997-2010?

Answer 40

• The 2005 Constitutional Reform Act led to the establishment, four years later, of a Supreme Court as the highest court of appeal in the UK for civil cases, and (expect in Scotland) for criminal cases
• Previously senior judges known as the law lords, sitting in the House of Lords, had performed this function
• This development is an example of the separation of powers - the idea that the different branches of government (in this case law-making and judicial) should be independent of each other

Question 41

How is it proven that the Conservatives and Liberal Democrat’s had the same certainty amount of common ground on constitutional reform?

Answer 41

• In may 2010, they launched a new government which was an coalition agreement between the two parities

Question 42

What were the reforms under the coalition (2010-15)

Answer 42

• Rights
• Devolution
• The Fixed Term Parliaments Act
• Reform of the House of Commons
• The Recall of MPs Act

Question 43

Why did the electoral reform fail under the coalition (2010-15) that included disagreement between both sides?

Answer 43

• A referendum was held in May 2011, with the two parties taking up entrenched positions: the Conservatives campaigned strongly to retain first past the post, while the Liberal Democrats argued for the adoption of the Alternative Vote (AV), a preferential, though not proportional, voting system, only to see their proposals rejected by 68% of those who voted
• This was a major disappointment for the Liberal Democrats, for whom progress towards a change in the voting system had been a priority in negotiating the coalition agreement
• They had preferred the proportional Single Transferable Vote system, but had opted for AV as the maximum that they expected to gain at the time
• The result seemed to be more a vote against the Liberal Democrat’s themselves than against the electoral system they were promoting

Question 44

What was the reform under the Conservative government since 2015 after the coalition?

Answer 44

• House of Lords reform and House of Commons boundary reform
• Plans for a mainly elected House of Lords were dropped after a rebellion by 91 backbench Conservative MPs
• The Liberal Democrats, who were the more committed of the two parties to a democratically chosen upper house, retaliated by blocking the implementation of legislation designed to reduce the number of MPs from 650-600
• The effect would have been to produce a smaller number of constituencies, of more equal size, so that all votes would have had more equal value across the country
• The Liberal Democrat’s halted the change because it would have mainly favoured the Conservatives
• However, after the end of the coalition, the new Conservative government confirmed that the reform would be introduced in time for the 2020 general election. This was before Theresa May called an early general election in June 2017

Question 45

What occurred with the ‘rights’ reform under the coalition (2010-15)?

Answer 45

• The conservatives wanted to replace the Human Rights Act with a British Bill of Rights, whereas the Libdems were determined to retain the act
• A commission tasked with investigating the issue failed to final a way forward
• The conservative manifesto at the 2015 general election pledged to revisit the issue

Question 46

What occurred with ‘devolution’ in Wales, Scotland, and England which was significant under the 2010-15 coalition ?

Answer 46

• Wales - A referendum held in Wales in March 2011 on proposals to grant further powers to the Welsh Assembly which resulted in the assembly receiving direct law-making power in all of the 20 policy areas that had been devolved to it, without the need to consult Westminster
• Scotland - The Scottish Parliament received more powers under the 2012 Scotland Act e.g. borrowing powers, the right to sets its own rate of income tax and control over landfill tax and stamp duty. In September 2014 a referendum was held in Scotland on proposals for independence, resulting in a 55% vote to stay in the UK. In the course of the campaign, Prime Minister David Cameron and the leaders of the other main UK parties pledged to grant more powers to the Scottish parliament
• England - English votes for English laws (EVEL): As a concession to English opinion, the Conservative government that took office in May 2015 offered a solution to the West Lothian question. Under ‘English votes for English laws’ (EVEL), if a measure that concerns only England (or England and Wales) comes before the House of Commons, it can pass only with the approval of a ‘grand committee’, consisting solely of English (or English and Welsh) MPs. The measure was used for the first time in January 2016, to pass a housing bill without the involvement of Scottish MPs

Question 47

What occurred with the ‘The Fixed Term Parliaments Act (2011)’ under the coalition (2010-15)?

Answer 47

• This ended the prime minister’s historic power to choose the date of a general election by establishing that a new parliament must be elected on a fixed date, at five-year intervals
• An earlier contest can be held,d only if two-thirds of MPs vote for one, or if a prime minister loses a vote of no confidence and fails to form a new government within a 14 day period
• This reform suited the interests of both partners in the coalition by giving the government a guaranteed period in which to implement their programme, free from speculation about the date of the next election
• However, by calling an early general election in June 2017, only two years after the previous contest, Theresa May showed that it is possible for a prime minister to get around the act
• Opposition MPs do not want to appear afraid of facing the electorate, and it is unlikely that a determined prime minister would fail to get the necessary support in parliament for an early election

Question 48

What occurred with the reform of the House of Commons under the coalition (2010-15)?

Answer 48

• The coalition implemented reforms recommended by a committee chaired by Labour MP Tony Wright, which reported before the 2010 general election
• Chairs of House of Commons select committees, which scrutinise the activities of government departments, were to be chosen by MPs, rather than have their selection influenced by the party leaders
• A backbench business committee was created, which chooses topics for debate, including some proposed by the public in e-petitions
• The first such debate was triggered by people seeking justice for the 96 Liverpool football supporters who died in the 1989 Hillsborough disaster

Question 49

What occurred with The Recall of MPs Act (2015) under the coalition (2010-15)?

Answer 49

• This was a response to the fact that voters had no legal means of removing scandalous MPs who refused to resign their seats
• It means that if an MP is sentenced to a custodial sentence, or is suspended from the Commons for more than 21 days, a by-election is triggered if at least 10% of constituents sign a recall petition

Question 50

Who were the GLC and how was they the origin/ background of England which lead to devolution in England?

Answer 50

• From the 1960’s to 1986, London was run by the Greater London Council (GLC)
• Its responsibilities were varied including education, transport, and housing
• In 1981, Labour won the GLC elections. The next day, the moderate Labour leader of the GLC, Andrew Mclntosh, was challenged for leadership of the GLC by the far-left Ken Livingstone. Livingstone won the vote and set about pursuing a socialist programme
• The GLC was a constant thorn in Margaret Thatcher’s side. Called the ‘Loony Left’ by the tabloids, it promoted controversial policies (for the time) such as gay rights, radical feminism, an anti-nuclear agenda, discussions with the IRA, and gained a rep for high spending
• The Thatcher government abolished the GLC in 1986

Question 51

What is devolution?

Answer 51

• The transfer of powers to subnational assemblies from the central government
• These powers are said to be devolved, rather than given away, since the central government retains sovereignty and so, in theory, could reclaim them

Question 52

What was the objective of the Blair government in 2000 which led to something being established?

Answer 52

• Objective was to recreate a democratically elected strategic authority for the capital
• In 2000, The Labour Government asked Londoners in a referendum if they would like the opportunity to establish the office of a directly elected mayor and a 25 member London Assembly to oversee the mayor. (They said yes)
• Led to establishment of two new institutions - an elected mayor with executive powers, supported by the 25 member Greater London Assembly (GLA)

Question 53

What is the role of the Greater London Assembly?

Answer 53

They share oversight of policy areas e.g. policing, transport and economic development

Question 54

After 2000 and the appointment of the first elected mayor and the support from GLA what occurred?

Answer 54

• Ken Livingstone was returned as the first directly elected mayor of London. The mayoral election was held under the supplementary vote system (a version of AV)
• (GLA) was also elected using the additional member system (AMS)
• Ken Livingstone introduced a congestion charge for drivers entering central London in response to increased traffic and air pollution and by 2015 16 further areas adopted this model
• In 2008, Livingstone was defeated by Conservative Boris Johnson, who was re-elected in 2012. Sadiq Khan (Labour) was elected Mayor in 2016

Question 55

What are the powers of the Mayor and the GLA?

Answer 55

• The Mayor gets a ‘Block Grant’ from central government to allocate funds for different uses in London
• He sets the budget and gets to make key appointments
• However the Assembly keep a check on the Mayor by questioning him at City Hall each week and they can also veto or block any of his proposals (if they get a ⅔’s majority)

Question 56

How did the Blair government try further devolve the UK in decision making?

Answer 56

• The government tried to extend regional decision-making by setting up unelected Regional Development Agencies
• Their purpose was ro promote economic development on behalf of central government
• An attempt to go further by creating elected regional assemblies failed to win support. The government slimmed down its plans for referendums on regional assemblies to proposals for just three in the North-East, North-West and Yorkshire and the Humber
• These were considered to be the areas where the sense of regional identity was strongest, but in the end only one referendum was held, in the North East
• Even here the idea was heavily defeated when put to the test, with a 78% ‘no’ vote in 2004
• People were not persuaded that they needed a possibly expensive layer of additional bureaucracy, with few powers to make a real difference to regional regeneration

Question 57

What did the 2010-15 coalition abolish after the Blair government was in office relating to regional decision making ?

Answer 57

• They abolished Labour’s Regional Development Agencies but tried to breathe life into the concept of regionalism by combining local authorities in so-called ‘city regions’.
• Each would be led by a directly elected ‘metro mayor’.
• Some of these new bodies are located in the North of England and are intended to develop what former Chancellor George Osborne called the ‘northern powerhouse’.
• This was a plan to drive regional growth through improved transport links and investment in science and innovation
• The new city regions were: Cambridgeshire and Peterborough, Greater Manchester, Sheffield, West Midlands, Liverpool, Tees Valley, West of England
• The power of the new metro mayors vary but they include developing an economic growth strategy and making policy on housing, skills and transport

Question 58

What was the view on the idea of the devolved body of a ‘English Parliament’?

Answer 58

• There was a discussion on this and had very little public support for this and it’s not espoused by and major political party
• There is evidence that the cultural sense of ‘Englishness’ is strengthening, partly in reaction to the perceived advantages enjoyed by Scotland under devolution.
• However, this has yet to translate into a serious political demand for England to have the same constitutional arrangements as Scotland
• The ‘English votes for English laws’ measure was intended to stem demands for a more fundamental overhaul of devolution arrangements

Question 59

What changes has devolution made to Scotland, Wales and Northern Ireland?

Answer 59

• The transfer of powers over certain policy areas to new, sub-national bodies
• In each case Westminster retained control of what are known as ‘reserved powers’, which include defence, foreign policy, constitutional matters, welfare benefits and important areas of economic policy including trade, the currency and interest rates
• These are the main powers that indicate a fully fledged independent state
• They were not granted to the devolved bodies because the purpose of devolution was to keep the four nations within the UK

Question 60

What were the important differences between the three bodies of Wales, Scotland and NI when it came to deciding which areas would be devolved powers?

Answer 60

• Northern Ireland - They face different issues because of its background of violent political division between unionist and nationalist (Republican) communities. There was a period of conflict from the late 1960s to late 1990s known as ‘the troubles’. The creation of a power-sharing form of government is seen as critical to restoring peace
• Scotland - Has a strong nationalist movement, so Scottish Parliament received more powers. It had a history of existence as a separate state - even before devolution it had distinctive institutions (e.g. different legal and educational systems)
• Wales - Nationalism is politically weaker, and more concerned with protecting cultural identity than winning independence

Question 61

How did devolution further make an impact and changes in Local Government e.g. local councils, cities?

Answer 61

• Local councils and authorities have traditionally been weak in the UK, with almost all the power and resources being controlled by central government
• However, things are on the move. As well as London getting its own directly elected mayor, 11 other cities, including Bristol have adopted the same model
• Since the Scottish referendum, big cities, such as Manchester have demanded a much greater say in how they are governed. E.g. The Northern Powerhouse
• During the pandemic we saw this with the mayor of manchester, Andy Burnham. The government was putting the cities into tiers and Andy Burnham was protesting as they put manchester in tier 4. There was very little he could actually do due to the fact the government’s decision is final
• The criticism for a long time is that decisions made in London cannot and do not reflect the real needs of these other cities in the UK. Local authorities should have real power, or devolution to address local concerns and needs
• This was being seriously considered by George Osborne when he was Chancellor, but, like everything else, it seems to have been put on the back burner these days

Question 62

How has the Scottish Parliament and Government developed from its creation to now?

Answer 62

• The Parliament and Government were set up in Edinburgh in 1999
• The first elections held in 1999 led to a Labour/ Liberal Democrat Coalition being formed
• This coalition remained in power until 2007 when the Scottish National Party (SNP) became the largest party (although they did not win a majority of seats)
• In 2011, the SNP won an outright majority of seats
• Many in the Labour Party had hoped that devolution would put an end to calls for Scottish independence and halt the rise of the SNP - this clearly had the opposite effect
• The government devises and implements policy on matters devolved to Scotland, and proposes an annual budget to the parliament
• The head of the Scottish government is known as the first minister and is Humza Yousaf as of March 2023 (was before Nicola Sturgeon 2014-2023)

Question 63

What is the structure of the Scottish Parliament?

Answer 63

• Unicameral (One chamber, unlike Westminster which is bicameral, two chambers - Commons and Lords)
• Scottish Government is headed by the First Minister, Nicola Sturgeon, leader of the SNP
• She is assisted by a cabinet made up of SNP ministers
• Members of the Scottish Parliament (MSP’s) are elected using the Additional Member System (AMS) which gives voters 2 votes: one for a constituency MP, the other for a party
• Constituency MP’s are elected on FPTP, the others on a regional party list based system

Question 64

What are the main devolved powers exercised by the Scottish Parliament?

Answer 64

• Health
• Education and training
• Local Government
• Law, including most aspects of criminal and civil law, the prosecution system and the courts
• Social work
• Housing
• Tourism and economic development
• Some aspects of transport, including the Scottish road network, bus policy, and ports and harbours
• Planning and the environment
• Agriculture, forestry and fishing
• Sport and the arts
• Miscellaneous matters, such as compiling statistics and keeping public records

Question 65

What is an example of an devolved power that Scotland used to develop a distinctive position for Scotland on social policy and UK policy?

Answer 65

• E.g. Scottish students do not pay university tuition fees and there is free nursing care for the elderly
• In 2016 there was a break with the general direction of UK policy, when the Scottish government ended the right of council tenants to buy their own homes - something that had been started across the UK by Margaret That he’s government in 1980

Question 66

What was set up in 2012 which led to additional powers for Scotland parliament and government?

Answer 66

• The Calman Commission, set up under Gordon Brown’s government, led in 2012 to the granting of additional powers including:
• taxation powers, including the right to a set a Scottish income tax rate and control of stamp duty and landfill tax
• borrowing powers
• regulation of air weapons
• drink driving alcohol limits

Question 67

How were more powers in the Scottish Parliament and government transferred in 2015-16?

Answer 67

• After the Scottish independence referendum, held in 2014, followed by the establishment of the Smith Commission
• The main areas relate to taxation and welfare
• New powers include control over air passenger duty, licensing of onshore oil and gas prospecting and some welfare benefits
• The changes mean that the parliament now has control over taxation representing 36% of devolved expenditure, compared with less than 10% when it was established

Question 68

What are reserved powers and which ones does the UK Parliament have?

Answer 68

• Reserved powers - Where the UK Parliament retains control over a whole range of national affairs. Include:
• Constitutional matters
• UK defence and national security
• UK foreign policy
• Immigration and nationality
• UK economic and monetary policy (other than Scotland’s tax-varying power)
• Energy: electricity, coal, gas, and nuclear power
• Employment legislation
• Social security (the DWP - Department for Work and Pensions)
• Some aspects of transport, including railways, safety, and regulation
• Regulation of certain professions such as medicine and dentistry
• Others, such as data protection, broadcasting, gambling and the National Lottery

Question 69

What is ‘Devo Max’ relating to Scottish Parliament?

Answer 69

• In the last days of the independence referendum, all the main Westminister parties promised that in the event of a ‘no’ vote, more power would be granted to the Scottish Parliament
• Known as ‘Devo Max’, effectively giving Scotland practically all of its own decision making apart from foreign affairs and defence

Question 70

What are the key factors and roles of the Welsh Assembly and government?

Answer 70

• The National Assembly for Wales based in Cardiff dates to 1999
• Assembly Members (Arms) are elected by the Additional Member System
• Their role is to represent the Welsh people, to make laws on the areas devolved to Wales and hold the Welsh government to account.
• The assembly has 60 members (much smaller than Scotland)
• The government was originally located within the Assembly but the two were formally separated in 2006
• The government is headed by a first minister, a post held by Mark Drakeford since 2018
• The Welsh Assembly encourages the public to see the Senedd (‘Senate’ or ‘parliament’) as a public building not just for Members, as part of ‘Welsh democracy in action’

Question 71

What are the devolved powers of the Welsh Assembly?

Answer 71

• Culture, including the Welsh language, and sport
• Education and training
• Economic development
• The environment
• Housing
• Transport
• Fire and rescue services
• Health
• Local government
• Agriculture, fisheries and forestry
• Planning (except major energy infrastructure)
• Since the 2011 referendum the Assembly has been able to pass laws in all 20 devolved areas, without regard to the views of the UK government

Question 72

What are the two areas not devolved in the Welsh Assembly and has not gained power over?

Answer 72

• Cannot make laws on subject areas whatever the result of the UK parliament vote e.g.
• Police and justice are not devolved areas
• Hasn’t gained power over income tax and borrowing

Question 73

What power does the Welsh Assembly (Senedd) have and how does making laws work?

Answer 73

• The Assembly (Senedd) has powers to make laws on 20 subject areas
• In each subject area, the Senedd can make laws on some matters, but not others. To make laws on any of these other matters, the assembly must ask the UK Parliament for its agreement. The UK Parliament then decides each time whether or not the assembly can make these laws
• If most voters vote ‘yes’ - the Assembly will be able to make laws on all matters in the 20 subject areas it has powers for, without needing the UK Parliament’s agreement
• If most voters vote ‘no’ - what happens at the moment will continue

Question 74

Why was devolution established in Northern Ireland?

Answer 74

• Established following the 1998 Good Friday Agreement, which sought to bring the two main communities in the province together (The Unionists, and (Nationalists and republicans))
• The creation of a power-sharing executive, in which both sides were to be represented, was the most important feature of devolution in NI
• The process of devolution has been more uneven than in Scotland and Wales, with the NI Assembly being suspended by the UK government in London on more than one occasion following a breakdown of trust between the Unionists and republican groups (included a period of suspension that lasted for almost 5 years from 2002-7)

Question 75

What was the political division between unionists and nationalists which negatively affected Northern Ireland and its assembly?

Answer 75

• Unionists wanted to keep NI within the UK and are historically linked to Protestantism
• Republicans wish to see a united, independent Ireland and are linked to Catholicism

Question 76

What are/is the factors/ history of the Northern Ireland Assembly and executive?

Answer 76

• The assembly is located in Belfast and consists of 90 Members of the Legislative Assembly (MLAs), elected by Single Transferable Vote
• The use of STV (proportional voting system) ensures the representation of both sides rather than the dominance of the larger grouping, and thus leads to a the adoption of a power-sharing system of government
• The executive is headed by a first minister and a deputy first minister, which are currently vacant due to the resignation of Paul Given in February 2022
• Seats in the assembly are allocated in proportion to the parties’ strengths in the Assembly

Question 77

What are the devolved/ transferred matters that the NI Assembly can legislate?

Answer 77

• Education
• Economic development
• Transport
• Housing
  -Environment and planning
• Culture and sport
• Agriculture
• Justice and policing
• Health and social services
• Local government
• Employment and skills
• Welfare and pensions

Question 78

What devolved/ reserved matters that the NI Assembly can legislate?

Answer 78

• Number of reserved matters that are normally the domain of Westminster but on which the Assembly can legislate with the consent of the NI secretary (a member of the UK Cabinet)
• e.g. financial services, broadcasting, consumer safety and firearms

Question 79

What is the debate on the constitutional reform of devolution introduced since 1997 and how successful is it? Should it go further?

Answer 79

• It has modified the UK’s heavily centralised constitution by enabling policies that meet the needs and wishes of people at local level
• In NI devolution has helped to end violence between the unionist and nationalist communities by creating a power-sharing system of government
• On the other hand Scottish Independence, which was rejected in the 2014 referendum, has been revived since the UK voted to leave the European Union in 2016.
• The Scottish National Party administration has called for a new referendum on independence
• It argues that the wishes of the majority in Scotland, who wanted to remain in the EU, have been ignored
• The devolution settlement is uneven in the way it applies to the component parts of the UK.
• A federal solution would create greater uniformity

Question 80

What is the debate on the constitutional reform of ‘electoral reform’ introduced since 1997 and how successful is it? Should it go further?

Answer 80

• Has produced more proportional results in elections to the Scottish Parliament, Welsh Assembly and NI Assembly
• The rejection of AV in the 2011 referendum indicates that there is no public appetite for the extension of reform to Westminster
• First past the post usually delivers strong governments with a clear mandate, and it preserves the valuable link between MPs and their constituencies
• The under-representation of smaller parties, and the way in which the current system produces governments with a majority of seats but a minority of votes, are arguments for further reform

Question 81

What is the debate on the constitutional reform of HofLs reform introduced since 1997 and how successful is it? Should it go further?

Answer 81

• We now have an upper house based much more family on merit and experience
• It’s greater assertiveness in holding the government to account is an argument for leaving the Lords as it is
• An elected chamber would mirror the Commons, producing a house dominated by professional politicians and reducing the range of expertise currently available
• On the other hand the Lords lacks democratic legitimacy because none of its members are elected (highly unusual in the modern age)

Question 82

What is the debate on the constitutional reform of the Human Rights Act introduced since 1997 and how successful is it? Should it go further?

Answer 82

• The 1998 act brought the UK into line with other European states by incorporating the European Convention on Human Rights into national law
• It provides protection of citizens’ rights without threatening parliamentary sovereignty
• As the act is not entrenched, the government can modify the way it operates when required, such as the creation of control orders in 2005
• However, there is a case for strengthening the act on the grounds that governments can currently take away important liberties by a simple majority vote in parliament
• Conservatives critics would like to see the act replaced with a British Bill of Rights, which would make the UK Supreme Court the final judge of citizens’ rights

Question 83

What is the for and against debate over if more reform is needed in the UK?

Answer 83

For
- The current settlement is incomplete and illogical. The UK is out of step with most other Western democracies in having an unelected upper house and a voting system that imperfectly reflects the preferences of the electorate
- A federal solution could remove the anomalies created by the current ‘asymmetric’ devolution arrangements
- Citizens need greater clarity on the nature of their rights, and stronger protection against arbitrary government actions

Against
- The current settlement protects the rights of citizens and recognises the desire for autonomy in the component parts of the UK. At the same time it enables the election of strong governments, which are able to act in the national interest
- There is a lack of clear agreement on the form than any further change should take

Question 84

What are the arguments ‘for’ extending devolution in England (debate on further reform)?

Answer 84

• England is the most prosperous and heavily populated part of the UK, but it’s the only one without a devolved body. Under the 1978 Barnett formula for deciding on levels of public spending, England receives less per person than the other parts of the UK. A federal solution would promote greater equality between the different parts of the UK
• ‘EVEL’ makes Scottish MPs second-class representatives at Westminster, weakening the unity of the UK. It doesn’t really resolve the West Lothian question
• Devolution has led to policies to meet the differing needs of the Scottish, Welsh and Northern Irish peoples, so why would it not work for England?
• There is a strong regional identity in some parts of the UK, for example in Devon and Cornwall. This could be a bias for regional assemblies which might co-ordinate local policies and attract inward investment

Question 85

What are the arguments ‘against’ extending devolution in England (debate on further reform)?

Answer 85

• Englands size and wealth mean that it would dominate a federal structure. Also how would an English parliament relate to Westminster? For example, a separate English executive cold clash with the UK government over the handling of domestic English issues
• ‘EVEL’ may have resolved the West Lothian question. It has been used at Westminster to pass a housing bill in 2016. Scottish MPs dislike it but it’s introduction has not thus far caused the UL to break up
• Most English people don’t make a logical distinction between England and Britain as a whole and see Westminster as ‘their’ parliament
• The defeat of Blair’s proposals in 2004 suggests that there isn’t a strong enough sense of identity across the UK to make regional assemblies viable

Question 86

What are the arguments ‘for’ the UK constitution to be entrenched and codified, including a Bill of Rights?

Answer 86

• Codification would educate the public about constitutional issues and promote greater respect for political institutions
• Entrenchment would not make it impossible to amend the constitution, but doing so would entail an orderly and careful process. This would reduce the chances of a government pushing through ill-considered changes
• An entrenched Bill of Rights would provide stronger protection of individual liberties than the current Human Rights Act, as for example the introduction of control orders in 2005 demonstrated. With an uncodified constitution there is a tendency for governments to push the boundaries of what is politically possible, increasing their own power
• Codification would mean greater clarity about the rights of citizens and the powers of government - e.g. clearing up the uncertainty arising from conventions governing the power of the PM, the circumstances in which ministers should resign and what happens in the event of a ‘hung parliament’ with no clear election winner
• A constitutional court - as in Germany and the USA - staffed by senior judges with expert knowledge, would be able to assess the constitutionality of actions by parliament and the executive, judging their behaviour by a clear set of rules. This would increase the legitimacy of the political process

Question 87

What are the arguments ‘against’ the UK constitution to be entrenched and codified, including a Bill of Rights?

Answer 87

• There’s almost no public demand for change of this kind. It would be extremely difficult to find consensus on what to include in a codified constitution and such a project would probably entail years of debate and consultation
• An uncodified constitution allows for greater flexibility. The UK constitution is an organic entity that is able to adapt to political and social change. Constitutional reforms since 1997 can be seen as evidence of the ability of the UK constitution to absorb change
• A strong executive, provided that it is answerable to parliament (and thus to the electorate) is able to take decisions rapidly in changing situations, for example in countering the threat of terrorism. Government would be unduly constrained by a codified constitution
• Much of the historic constitution is written, with acts of parliament and works of authority providing clear guidance. Few codified constitutions are self-explanatory and (as in the USA) they require extensive interpretation
• This would put an unjustified degree of power in the hands of unelected, unaccountable judges who may be out of touch with public opinion. A codified constitution would be a direct challenge to parliamentary sovereignty, on which the UK system of government has been founded, because it would be bind future parliaments