UK Politics essay plan Flashcards
Explain and analyse three features/ principles of the UK constitution.
P1: Uncodified,
Variety of sources (statute law: HRA 1998, authoritative works “Erskine may”)
Difficult to fully understand, diminishes rights
adaptive/flexible
P2: Unitary,
Central authority, pment
No parliament can bind successor, eg Brexit article 50 to undermine European communities act 1976
Delegated powers alters this slightly, devolution
P3: Rule of law
Equally subject to the law
One of A.V. Dicey’s ‘twin pillars’, magna carta 1215
‘Ultra vires’ e.g. 2016 restriction of legal aid to people born outside of the UK.
Explain and analyse three ways the British constitution upholds citizens’ rights.
Statute law:
Abortion act 1965
Same-sex marriage act 2013
All protected by parliamentary sovereignty
H/E no government can bind its successor eg article 50
Freedom of information act 200
Law which guarantees more transparency from government and companies, ensures things like user data or activities of institutions are protected and not hidden
11,042 requests July-sept 2020
h/e only 40% fully granted for privacy/ national security reasons
Supreme court
HRA 1998
Ensures law fits in with ECHR
Can issue DOIs, however, does not have to be followed through with the government
Factorame 1988
Three sources of the constitution
Statute law:
Representation of the people act 1969
HRA 1998
Pre Brexit also tied to European law
E.g. Lisbon treaty 2007 applied in UK
Conventions: Rules or norms; Salisbury convention (HoL); Collective/Individual responsibility - e.g. David Blunkett He had broken the ministerial code of conduct over paid work he took while out of the cabinet.; Rely on common agreement and are often disputed - breaking of conventions is classed as unconstitutional behaviour; if broken may become statute e.g. Parliament Act.
Authoritative works: An introduction to the Study of Law of the Constitution by Dicey & Erskine May & Cabinet Manual - written by constitutional experts. Cabinet manual comes under convention too, Priti Patel e.g. (This is not the first time Patel has been accused of breaching the ministerial code. She was forced to resign as international development secretary in November 2017 over unauthorised meetings with Israeli politicians, businessmen and officials.)
Explain and analyse three roles of backbench MPs.
P1: Rebelling; wanted a mainly elected HoL 2012 (91 Con); Abandoned 5G 2020 (38 Con). H/E is not always successful e.g. letters re. Johnson’s VoNC was withdrawn due to Ukraine but lost
P2: Select Committees; Public accounts committees chaired by Hillier in 2018 & Sarah Wollaston in 2014 (Health).
P3: Asking Qs; 5-week rota (There is a rota, and each Government department answers questions once every five sitting weeks.); 10% spent on topical Qs for ministers (can’t be prepared for); Qs re. Energy bills etc
Explain and analyse three ways in which parliament can hold the government to account.
P1: Question time/ PMQ; Blair’s “weak weak weak” against PM John major - After asking of John Major: “Is it not extraordinary that the prime minister of our country cannot even urge his party to support his own position?”
H/E - theatrical; Kaufman “Useless declamations”.
P2: Official Opposition; force votes/ amendments; alternative government in waiting; 20 days to raise interests in the schedule.
H/E a weak opposition can fail to effectively scrutinise; Starmer’s Lab has been widely criticised for being hesitant to oppose.
P3: Select committees; questions/”paper persons records”/proportional to commons/critical reports.
H/E Chosen by whips; lack of expertise often; no obligation to attend (brown & chancellor).
OR
P1: Voting against; May’s Brexit Bill.
P2: PMQs
P3: VoNC; Callaghan ‘nuclear option’ & May’s survival by one vote.
Explain and analyse the roles played by committees in the UK parliament.
P1: Investigative work & producing reports; education select - plan for adult skills; partygate.
P2: Witness; Cummings & health select.
P3: Scrutinising policy; Liaison qing BJ on covid response & economy.
Explain and analyse three ways the opposition scrutinises the exec.
P1: Voting against a bill: Lab & Police, Crime, Sentencing & Courts Bill 2021
H/E is sometimes forced to agree e.g. Covid rules.
P2: Q ministers/MPs; Blair called Major “weak weak weak”; Angela Rayner correcting Johnson on energy aid.
P3: Select committees; Cooper (Home affairs) & Hillier (public accounts).
Explain and analyse three types of opposition in Parliament.
P1: shadow party; e.g. Labour - Starmer “Bring your own Boos”.
P2: Backbenchers; e.g. Corbyn under Blair & Mainly elected HoL 2012; 91 Con rebellions
P3: Other parties; e.g. SNP & Lib Dems; Green party & Good Law Project.
Explain and analyse three limitations of Select Committees.
P1: Governing party = no obligation (out of 40,000 accepted amendments, 40% carried out).
H/E Opp chairing & BBs & must reply to reports in 60 days.
P2: Membership controlled by Whip; party allocation.
majority; Health Comm 6/11 are Con
H/E chairs elected by secret ballot.
P3: Gov control of civil servants; Osmotherly rules revised - 2016 HASC ejected Oliver Robbins for failing to respond adequately to Qs on border force budget; ‘balanced answers’.
H/E Requires to be as helpful as possible.
‘Government can dominate parliament in the UK’ Analyse and evaluate this statement.
P1: Party whipping & discipline ensure govt. Backed bills pass largely unamended. Control of parliamentary business awards backed bills with more time. E.g. 21 Tory rebels lost the party whip after voting to block no-deal Brexit.
H/E minority/coalition govt. have shown defeats e.g.. May’s Brexit deals.
P2: PMBs almost always require Govt. support & time - Benn & Cooper-Letwin Bills passed however were later overridden by Johnson’s Breixt bill (100-page bill passed in 2020 with just 11 days of scrutiny).
H/E Individual MPs can pass legislation; controversial e.g Abortion, disabled rights and death penalty. Also, Brexit Benn and Cooper Letwin Bills passed despite opposition.
P3: Select committee power is overestimated; 60% of reports/recommendations are rejected.
H/E SC are increasingly high profile and independent; chairs are now elected by a secret ballot as opposed to being chosen by party whips.
Public Accounts Committee - overview of Govt. spending; Launched inquiry into HS2.
Chaired by Lab BB Meg Hillier.
Extensive system of committees shadowing & Prime Minister is not exempt.
‘Backbench MPs have few ways to influence the government.’
P1: Backbench MPs debate and vote; Proposals by Govt or MPs & PMB. National area for political issues - every day of working week. Two forms (substantive & neutral - result v no result). NHS funding bill 2020 - assessed COVID-19s impact on the NHS.
H/E party whips often influence MPs into voting on party values, not personal/constituency values. When they rebel, they can lose the whip - 21 MPs coalition Tuition fees had whip removed.
Effective, but not consistently influential.
P2: Public Bill Committees & Select Committees; detailed scrutiny & amendments. Developments since 2006 - written evidence & hearings.
H/E PBC are temporary & short-lived which limits scrutiny & education.
Members are chosen by the committee of selection - dominated by whips.
Between 2000 & 2010 only 88 non-majority party amendments were passed out of 17500 suggestions.
Dr Sarah Wollaston was restricted from Health & Social Care Bill due to her past scrutiny of Govt choices.
P3: PMB enable policy-making; Ballot (20 names), 10-min and presentation bill w/ no debate; 1960s = golden age ~ Murder Act 65’ and Abortion Act 67’ (only 2 of 170 passed). Whereas between 2000 and 2010 only 48 were passed.
MPs who disagree with proposed PMBs cause debates to overrun or object during voting stages. Often on Fridays - voting pool is smaller as it is constituency day. Voyeurism Bill 2018 rejected by Chope as he reasoned there should be a ‘proper’ bill put forward not PMB.
Engage with issues e.g. disabled rights rejected creating public outcry causing Govt. bill.
‘The opposition plays the most significant role in scrutiny.’
P1: Official opposition: Alternative government in waiting; More Qs in PMQs; Blair ‘Weak, weak, weak’; Starmer on sleaze in CON
H/E; No power of veto; Theatrical; Kaufman - ‘exchange of pointless and useless declamations’.
P2: Select comms: Justice committee 2012 assessed presumptions of death with missing people. (experts, witnesses, personal accounts); Health + Science/tech committees and cummings; 2018 health committee and child obesity.
H/E 2010-2015 only 40% of modifications suggested were accepted.
P3: BB: Rebellions are a catalyst; BJ defeated in his first 6 commons votes; Blair had 4 in 10 years; Reflects poorly on party unity; 2010 reforms + introduction of BB business committee.
H/E; 2003 largest ever rebellion on Iraq war (139 Lab MPs)
Explain and analyse three ways in which the UK judiciary can exercise influence over the government.
P1: Challenge parliamentary sovereignty; The HRA & Declaration of Incompatibility under ECHR = swift amendments; Judges can review/strike down laws in devolved bodies that surpass powers granted by devolution. E.g. Factortame precedent 1988 - suspension of actions over breaches.
H/E No longer subject to EU Law.
P2: Judicial review can prevent arbitrary power/ultra vires issues.
E.g. Boddington v British Transport Police (incorrect administration = collateral challenge).
E.g. Good Law Project v Secretary of State for Health and Social Care 2021.
E.g. 2016 ruled govt had acted ultra vires by triggering article 50 without parliament’s permission
H/E Is not proactive but waits to be presented cases.
Becoming more prone to activism, but remains impartial on case presentation.
P3: Act as guardians of the rule of law; due to the Constitutional Reform Act 2005 (removal of HoLs). Relocation to Middlesex Guildhall created a physical separation of powers
H/E Striking down does not rule legislation & Cannot set aside primary legislation so ministers can circumvent it.
Explain and analyse three reasons why the UK Supreme Court was established.
P1: Concerns over the incomplete separation of powers in the UK.
Prior to the 1960s much more deferential to challenge e.g. Liversidge v Anderson (Home sec used Defence Regulations to imprison Liversidge with no reason. The Law Lords ruled that HomSec must have “reasonable cause”.
Become much more assertive e.g. 2016 Brexit Referendum; Miller v SecState for Exiting EU 2016; Case of Proclamations & BoR 1689 - CAN NOT use the prerogative to amend a statute EC1972
Assertive judiciary necessary for Rule of law.
P2: Criticism of Law Lord system & Confusion over work and status of Law Lords.
Judges are now chosen by an independent commission and there is no pressure for making the wrong decision.
H/E 2011 spending cuts on the courts system.
P3: Judicial influence on Govt.
Review; Principles of HRA 1998.
Explain and analyse three functions performed by UKSC.
P1: Final court of appeal.
E.g. 2020 Begum v Special Immigration Appeals Commission and Home Dep.
P2: Hear appeals from Scotland
P3: Hear appeals in cases where there is uncertainty and thereby clarify the meaning of the law.
E.g. 2011 Rawi v Security Service & 2020 Sutherland v HMA.
