UK Constitution

Question 1

Purpose of a constitution

Answer 1

The purpose of a constitution is to set out the powers and responsibilities of the different institutions of government, and to describe the relationships between these institutions and between the government and the citizens.

Question 2

How did the UK constitution originate vs the US constitution?

Answer 2

The UK constitution is different from those of most of its neighbours because, for a long period, the country has not undergone a fundamental, transforming change, such as a revolution or a military defeat followed by occupation by a foreign power. Instead the political system of the UK has evolved gradually and, at least since the civil wars of the 17th century, without dramatic breaks in continuity. This contrasts, for example, with the United States, whose constitution dates from 1787 after the American people had established their independence from Britain and their leaders had decided how they wanted to govern themselves.

Question 3

Overview of history of UK Constitution

Answer 3

Elements of the UK constitution can be traced back more than a thousand years. In the Middle Ages, power was concentrated in the hands of the monarch. However, in order to govern the country, the Crown required the co-operation of a class of landowning nobility, who gradually gained more rights over time. From the 13th century the nobles and other interest groups gained representation in an assembly - parliament - that met to advise the monarch, pass laws and give consent to taxation. Parliament consisted of an upper house, made up of the hereditary aristocta and senior members of the church (the House of Lords), and an elected House of Commons, which initially consisted of representatives of the landed gentry and prosperous merchants.
The Commons increasingly took on a representative function, and expected to be heard when it presented grievances to the monarch.

The balance of power between the Crown and parliament was adjusted in favour of the latter as a result of the civil wars of the mid-17th century. By the 19th century, Britain was governed by a constitutional monarch who acted on the advice of ministers. The ministers were accountable to parliament as the country’s supreme law-making body. Voting rights were progressively extended to the middle- and working-classes, creating a more democratic society by the early 20th century and ending the monopoly of power traditionally enjoyed by the aristocratic elite. Within parliament this was reflected in the emergence of the elected House of Commons as the more powerful of the two chambers.
In parallel with these developments, it was recognised from the 17th century that the judiciary should be independent of political influence and control. Judges became increasingly important through their role in upholding the rule of law - the idea that no body, including the government, should be above the law.

Question 4

4 overall effects of landmark constitutional documents

Answer 4

• reduce the powers of the monarchy, and to extend those of parliament •increase the rients and freedoms of the ordinary citizen
• draw together the component parts of the United Kingdom
• increase the power of the elected House of Commons at the expense of the unelected House of Lords
•define the UK’s relationship with the institutions that later evolved into the European Union.

Question 5

List of landmark documents (6) pre 1997

Answer 5

The Magna Carta 1215
The Bill of Rights 1689
The Act of Settlement 1701
The Acts of Union 1707
The Parliament Acts 1911,1949
The European Communities Act 1972

Question 6

Significance of Magna Carta

Answer 6

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

Many clauses have been repealed or superseded by later legislation. Remains a powerful symbol of English liberties.

Question 7

Bill of Rights Significance

Answer 7

The Bill of Rights included provisions for:
• regular parliaments
• free elections
• freedom of speech within parliament

Question 8

The Act of Settlement significance

Answer 8

The act established the right of parliament to determine the line of succession to the throne.

Question 9

The Acts of Union significance

Answer 9

United England and Scotland, which had had a shared monarch since 1603 but had retained two separate parliaments.
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.

Question 10

Significance of the Parliament Acts

Answer 10

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.

Question 11

Significance of European Communities Act

Answer 11

Passed by Edward Heath’s Conservative government, the act took Britain into the European Economic Community, the forerunner of the European Union (EU).

Repealed by Brexit.

Question 12

Definition of codified

Answer 12

A constitution in which laws and practices are set out in a single document.

Question 13

Definition of entrenched

Answer 13

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

Question 14

Definition of unitary

Answer 14

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

Question 15

Which three aspects make the UK condition unique? (3)

Answer 15

•It is uncodified
•It is unentrenched
•It is unitary

Question 16

Explain UK constitution is uncodified

Answer 16

there is no single legal code or document in which its key principles are gathered together. Instead, it is derived from a number of sources, some written down, while others are unwritten

Question 17

Explain UK constitution is unentrenched

Answer 17

it can be altered relatively easily, by a simple majority vote in parliament. It therefore has a higher degree of flexibility than a codified constitution. There is no special les procedure for amending the UK constitution. In the UK all laws have equal status. By contrast codified constitution has a higher status than ordinary laws and some or all of its provisions said to be entrenched. For example, an amendment to the United States constitution requires the support of two-thirds of Congress and three-quarters of the states to become law.

Question 18

Explain UK constitution is unitary and has this changed?

Answer 18

sovereignty (or ultimate authority) has traditionally been located at the centre. with the component parts of the country - England, Scotland, Wales and Northern Ireland all essentially run from London and treated in a similar way. This has been modified since the introduction of devolution in the late 1990s.

Some would now use the term union state to describe the UK since, 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.
This is an important difference with a federal constitution like that of Germany or the USA

Question 19

In 1885 A. V. Dicey identified two key principles of the constitution?

Answer 19

•Parliamentary sovereignty
•The rule of law

Question 20

In which three ways is parliament sovereign?

Answer 20

•Legislation passed by parliament cannot be struck down by a higher body, such as a constitutional court. The UK’s Supreme Court can interpret but not overturn acts of parliament.

•No parliament can bind its successor.
Parliament has the right to amend or repeal any acts passed by previous
parliaments. For example, in 2003 parliament repealed Section 28 of the
1988 Local Government Act, which had
made it illegal for local authorities and schools intentionally to promoto homosexuality.

•Parliament can make a law on
any subiect. For example 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.

Question 21

Meaning of parliamentary sovereignty

Answer 21

The principle that parliament can make, amend or unmake any law, and cannot bind its successors or be bound by its predecessors.

Question 22

Meaning of the rule of law

Answer 22

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

Under the rule of law:
•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 23

Significance of the rule of law according to Dicey

Answer 23

The other major principle identified by Dicey was the rule of law. Dicey 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 because it acts as a check on parliamentary sovereignty, which in theory might take away people’s liberties.

Question 24

What is statute law and examples?

Answer 24

The body of law passed by parliament. Not all laws are constitutional, only those that affect the nature of the political system and citizens rights.
It is the most important source as it is underpinned by the concept of parliamentary sovereignty.

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 Westminster.

Question 25

What is common law and examples?

Answer 25

Legal principles laid down by judges in their rulings in court cases, which provide precedents for later judgments.
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 26

What are conventions and examples?

Answer 26

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 except in an emergency, the government will not order military action without prior parliamentary approval.

Wider conventions e.g. ministers should be in commons but charged with Cameron, this can be got around and made clear if necessary

Question 27

Example of convention being broken

Answer 27

Ministers should be in commons but charged with Cameron, this can be got around and made clear if necessary.

Question 28

What are authoritative works and examples?

Answer 28

Textbooks that explain the working of the political system.
A useful guide, but lacking legal
standing.

Erskine May’s Parliamentary Practice, first published in 1844 and regularly updated, explains the rules of parliamentary life.

Cabinet Manual, Gus O’Donnell 2010

Question 29

What are treaties and example?

Answer 29

Formal agreements with other countries, usually ratified by parliament.

Arguably the most important treaty was Maastricht (1992), which transformed the European Community into the European Union.

Question 30

Why was there pressure for constitutional reform in the 1990s?

Answer 30

• Demands for modernisation: Tony Blair’s New Labour Party was sympathetic to the idea of constitutional reform as part of its plan to modernise British institutions. Old Labour had adopted some political reforms, such as extending the vote to 18 year olds in 1969 and attempting to pass devolution for Scotland and Wales in 1979. However, it had been primarily
concerned with economic and social issues. New Labour was more open to demands from
pressure groups such as Charter 88 (later renamed Unlock Democracy), who wanted more open democracy and stronger guarantees of citizens’ rights. Before winning a large independent majority in the 1997 election, Blair expected that he might need support from the Liberal Democrats, who were also committed to constitutional change - particularly reform of the first-past-the post electoral system

•The experience of Conservative rule, 1978-97: The Conservative governments had refused to undertake constitutional reforms. This had helped to build up pressure for change, especially in Scotland, where the population felt ignored by a distant government in London. Scottish opinion rejected a number of Conservative policies. For example, the unpopular poll tax (a controversial way of financing local government) had been trialled there in 1989 before its introduction in England and Wales. Accusations of corruption or ‘sleaze’ against many parliamentarians in the 1990s also helped to create a climate of opinion where the health and integrity of traditional
institutions were questioned

Question 31

Constitutional changes 1997-2010 (6)

Answer 31

House of Lords Reform
Electoral Reform
Devolution
The Human Rights Act
Creation of the Supreme Court + Lord Chancellor

Question 32

How did Labour reform the House of Lords?

Answer 32

When the Labour government took office in 1997, the House of Lords was dominated by hereditary peers who owed their titles to inheritance. In what was intended as a transitional reform two years later, the government ended 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 maiority 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 prime minister and other party leaders continued to make 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 33

Problems with HOL reform and example of abuse

Answer 33

From 2000 a House of Lords Appointments Commission nominated a proportion of peers who were not linked with a party. However, the prime minister and other party leaders continued to make 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. People usually nominate policial aides and key allies rather than based on merit, suggests bribery and goes against point of system.

Liz Truss nominated 11 after less than two months as PM.

Question 34

Electoral reform under New Labour

Answer 34

Various forms of proportional representation were introduced for elections to the Scottish parliament, Welsh Assembly, Northern Ireland Assembly and European Pallament,

Question 35

Example of incumbents not reforming electoral system

Answer 35

Although the government commissioned a report into the system used for Westminster, chaired by Roy Jenkins (former Labour Cabinet minister, subsequently a Liberal Democrat peer), 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 36

Definition of devolution

Answer 36

the dispersal of power, but
not sovereienty, within political system.

Question 37

Devolution reform under New Labour

Answer 37

Devolved bodies were created for Scotland, Wales and Northern Ireland following referendums in 1997-98 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 (SP) 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.

Question 38

Problems with devolution reform

Answer 38

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 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. It means that Scotland, Wales and Northern Ireland receive more spending per head 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

List of problems with New Labour reform (4)

Answer 39

Political nominations to HOL
West Lothian Question
Funding per head less for England
HRA limitations

Question 40

What is the Human Rights Act?

Answer 40

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.

Question 41

Limitations of HRA

Answer 41

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 42

What happened with the Creation or the Supreme Court?

Answer 42

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 (except 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 43

Counter argument against ill-thought out constitutional reform

Answer 43

Could be argued that although there were flaws with unfinished constitutional reform, better to be able to see the practical impact and have flexibility to make change based on observed results rather than be stuck with something ineffective for a long time. E.g. EVFEL was brought in

Question 44

Overview of attitude to Constitutional reform 2010-2015 and success

Answer 44

The Conservatives and Liberal Democrats had a certain amount of common ground on constitutional reform. This was reflected in the coalition agreement between the two parties, which launched the new government in May 2010. Areas of agreement included openness to further devolution to Scotland and Wales and to parliamentary reform, including a wholly or mainly elected House of Lords. However, the coalition government was noteworthy for conflict and disappointment, as well as achievement.

Question 45

List of areas of reform disagreement under coalition

Answer 45

•House of Lords reform and House of Commons boundary reform
•Electoral reform
•Rights

Question 46

List of reform under coalition (4)

Answer 46

•Devolution (Wales, Scotland, EVEL)
•The Fixed Term Parliaments Act (2011)
•Reform of the HOC
•The Recall of MPs Act (2015)

Question 47

Disagreements about HOL reform and HOC boundary reforms under coalition

Answer 47

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 to 600. The effect would have been to produce a smaller number of constituencies, of more equal size, so that that all votes would have had more equal value across the country. The Liberal Democrats 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 48

Disagreements about electoral reform under coalition

Answer 48

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 per cent 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 unfact 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 Democrats themselves than against the electoral system they were promoting.

Question 49

Disagreements about rights under coalition

Answer 49

The Conservatives wanted to replace the Human Rights Act with a British Bill of Rights, whereas the Liberal Democrats were determined to retain the act. A commission tasked with investigating the issue failed to find a way forward. The Conservative manifesto at the 2015 general election pledged to revisit the issue.

Question 50

Reform since 2015:

Answer 50

.

Question 51

Devolution reform under coalition

Answer 51

• Wales: A referendum was held in Wales in March 2011 on proposals to grant further powers to the Welsh Assembly. This 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, including borrowing powers, the right to set 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 per cent 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.

EVEL was abolished in 2021 as an attempt by Gove to save the union

Question 52

What was the Fixed Term Parliaments Act (2011)?

Answer 52

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 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 necessar support in parliament for an early election.

Repealed in 2022

Question 53

Reform of HOC under coalition

Answer 53

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 54

What is the Recall of MPs Act (2015)?

Answer 54

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

Question 55

England devolution reforms pre-Blair

Answer 55

Local government in England has undergone several reorganisations since the late Victorian period when a two-tier system was created, based on county and borough councils and, at a lower level, district councils. In the 19905 some areas moved to a single tier of local government known as
‘unitary authorities’. London had a single authority - the Greater London Council - from 1965, and six other metropolitan councils followed for England’s main urban areas (the West Midlands, South Yorkshire, West Yorkshire, Tyne and Wear, Greater Manchester and Merseyside). These authorities gained a reputation for high spending and were abolished by the Thatcher government in 1986.

Question 56

England devolution reforms under Blair

Answer 56

One of the objectives of the Blair government was to recreate a democratically elected strategic authority for the capital. This led to the establishment of two new institutions from 2000 - an elected mayor with executive powers (an idea inspired by large US cities), supported by the Greater London Assembly. They share oversight of policy areas such as policing, transport and economic development. The first mayor, Ken Livingstone, introduced a congestion charge for drivers entering central London in response to increased traffic and air pollution. By 2015 a further 16 urban areas, including Bristol, Liverpool and Greater Manchester, had decided to adopt the elected mayor model.
The Blair government tried to extend regional decision-making by setting up unelected Regional Development Agencies. Their purpose was to 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 per cent ‘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

Evidence for further regional reform in England not wanted

Answer 57

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 per cent ‘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 58

Reforms to English devolution under coalition

Answer 58

The coalition 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 are:
Cambridgeshire and
• Greater Manchester
• Sheffield
• West Midlands
Peterborough
• Liverpool
• Tees Valley
• west of England.
The powers of the new metro mayors vary but they include developing an economic growth
Strategy and making policy on housing, skills and transport.

Question 59

Discussion of separate English parliament

Answer 59

There has also been discussion of the idea of an English parliament, but there is little public support for this and it is not espoused by any major political party. There is evidence that the Culturalsense of’Englishness’ is strengthening, partly in reaction to the perceived advantages enjoyed by Scotland under devolution. However, this has vet to translate into a serious political lemand 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 60

Info about reserves powers

Answer 60

More extensive changes have taken place in Scotland, Wales and Northern Ireland. Devolution in these parts of the UK involved 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 United Kingdom.

Question 61

Considerations about different parts of the UK regarding revolution

Answer 61

•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.

•Northern Ireland faces 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 criticalito restoring peace.

Question 62

What is the Scottish Parliament?

Answer 62

The Scottish parliament and government were set up in Edinburgh in 1999. The parliament consists of 129 MSPs (Members of the Scottish parliament), elected every 4 years using the Additional Member System. It scrutinises the work of the Scottish government. It is sometimes referred to as ‘Holyrood’ after the part of Edinburgh where it is located, close to the royal palace of the same name.

The Scottish 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. Now this is Humza Yousaf.

Question 63

Areas that Scottish devolved powers cover

Answer 63

Education
Tourism sport and culture
Agriculture, fisheries and forestry
Economic development
Health and social services
Environment and planning
Housing
Justice
Police and fire services
Local government
Some aspects of transport policy

Question 64

Scotland breaking with UK policy examples

Answer 64

The Scottish government was also allowed to vary income tax by 3p above or below the UK rate, although this power was never used. However, it did make use of other devolved powers to develop adistinctive position for Scotland on social policy. For example, Scottish students do not pay university tuition fees and there is free nursing care for the elderly. In 2016 there was another break vith the general direction of UK policy, when the Scottish government ended the right of council lenants to buy their own homes - something that had been started across the UK by Margaret Thatcher’s government in 1980.

Also stricter COVID restrictions under Sturgeon.

Question 65

Further powers granted to Scotland under Brown

Answer 65

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 set a Scottish income tax rate and control of stamp duty
and landfill tax borrowing powers
•regulation of air weapons
•drink diving alcohol limits.

Question 66

Further Scottish piers granted due to referendum

Answer 66

The Scottish independence referendum, held in September 2014, followed by the establishment of the Smith Commission, led to further powers being transferred in 2015-16. 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 per cent of devolved expenditure, compared with less than 10 per cent when it was established.

Question 67

Info about Welsh Assembly and gov

Answer 67

Like the Scottish parliament, the National Assembly for Wales based in Cardiff, dates to 1999.
Assembly Members (AMs) 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. However, with only 60 members the Assembly is much smaller than its Scottish counterpart. The Welsh 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 Carwyn Jones, leader of a minority Labour administration, from 2009.

Question 68

Powers of Welsh Assembly and difference to Scottish ones

Answer 68

Culture, including the Welsh language, and sport
Planning (except major energy infrastructure)
Education and training
Economic development
Agriculture, fisheries and forestry
Local government
Health
The environment
Housing
Fire and rescue services
Transport

Unlike in Scotland, police and justice are not devolved areas and the Welsh Assembly has not gained powers over income tax and borrowing. 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 69

Info about NI Assembly and executive

Answer 69

Devolution in Northern Ireland was established following the 1998 Good Friday Agreement, which sought to bring the two main communities in the province together. These are the unionists, who want to keep Northern Ireland within the UK, and the nationalists and republicans, who wish to see a united, independent Ireland. These political divisions broadly correlate to the differing religious identities of the two communities - unionists are historically linked to Protestantism, and nationalists to Catholicism. The creation of a power sharing executive, in which both sides were to be represented, was the most important feature of devolution in Northern Ireland.

The Northern Ireland Assembly, located in Belfast, consists of 90 (orieinally 108) Members of the Legislative Assembly (MI As), elected by Single Transferable Volc. The use of STV, a highly proportional voting system, ensures the representation of both sides rather than the dominance ofthe larger grouping, and thus leads to the adoption of a power sharing system of government.
The executive is headed by a first minister and a deputy frst minister, who until January 2017. were Arlene Foster (leader of the Democratic Unionist Party) and the late Martin McGuinness (of republican party Sinn Fein). Seats in the assembly are allocated in proportion to the parties’ strength in the Assembly.

Question 70

Devolved powers in NI

Answer 70

The Assembly can legislate on what are known as devolved or ‘transferred’ matters:

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

Question 71

Reserved matters in NI

Answer 71

In addition there are a number of ‘reserved matters’ that are normally the domain of Westminster, but on which the Assembly can legislate with the consent of the Northern Ireland secretary (a member of the UK Cabinet). These include financial services, broadcasting, consumer safety and firearms.

Question 72

Overview of Devolution adequacy

Answer 72

Devolution has modified the UK’s heavily centralised constitution by enabling policies that meet the needs and wishes of people at local level. In Northern Ireland devolution has helped to end violence between the unionist and nationalist communities by creating a power-sharing system of government.
However, this has broken down multiple times.

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.

Indy Ref two has to be suppressed m, EVEL abolished

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 73

Problems with NI devolution

Answer 73

The process of devolution has been more uneven than in Scotland and Wales, with the Northern Ireland Assembly being suspended by the UK government in London on more than one occasion following a breakdown of trust between the Unionist and republican groups. This included a period of suspension that lasted for almost 5 years, from 2002-07.

Also, no agreement on power-sharing was made after the 2022 Assembly election, and from October 2022 to February 2024, Northern Ireland was governed by civil servants.

Question 74

Overview of electoral reform success

Answer 74

Electoral reform has produced more proportional results in elections to the Scottish parliament, Welsh Assembly and Northern Ireland 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 75

Overview of success of HOL reform

Answer 75

We now have an upper house based much more firmly on merit and experience. Its 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.
This is highly unusual in the modern age.

Question 76

Overview of success of HRA

Answer 76

We now have an upper house based much more firmly on merit and experience. Its 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.
This is highly unusual in the modern age.

Question 77

Overview of success of HRA

Answer 77

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.
Conservative 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 78

Overview for and against constitutional reform success

Answer 78

There is a case that no more reform is needed.
* 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 that any further change should take.
On the other hand, the opposite can be argued.
* In many respects, 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.

Question 79

Arguments for extending devolution in England (4)

Answer 79

•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. Especially now as abolished.
•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 basis for regional assemblies which might co-ordinate local policies and attract inward investment.

Question 80

Arguments against devolution within England

Answer 80

•England’s 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 could 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 its introduction has not thus far caused the UK to break up. Proved by its repeal.
•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 81

Arguments for the UK constitution to be entrenched and codified, including a
Bill of Rights

Answer 81

•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 - for example 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 82

Arguments against the UK constitution being entrenched and codified, including a Bill of Rights

Answer 82

•There is 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 bind future parliaments.