component 2 Flashcards
100% recall
is the constitutional reform of fixed term parliaments act 2011 under coalition govt 2010 successful?
traditionally pm has the prerogative power to call an election. fixed term act said that an election should be called exactly 5 years after the last election
+ stops the PM from calling an election to his advantage when opinion polls are in their favour for example sunak is calling an election for 4th july because the economy is now doing well
- act allows a general election if the government loses a vote of no confidence
- act may produce multiparty outcomes because an election will be called when the government is largely popular
- zombie parliament
- 2022 act was repealed in order to strengthen the executive
to what extent was the reform of devolution to wales and scotland successful?
wanted to bring decision making closer to the people and curb calls for independence through devo max
wales act 2014 given some primary legislative power because of 2011 referendum turnout 35% 63.5% yes. in 2015 also given tax varying powers
scotland gained the right to vary income tax by up to 10p
ability to borrow up to £5 billion
+ brought democracy closer to the people and devolution strengthens the union because scots and welsh popele are more likely to feel staisfied that their demands are met. scottish, welsh and english covid response was devolved, scot and wales closed down schools quicker.
- has not strengthened the union because demands for scottish independence have not been stopped, sturgeon wanted to call a second independence ref because of brexit. scotland act requires that a referendum is called in order to dissolve scottish and welsh parliament and executive, showing a loss of westminster soverignty
to what extent were the wright reforms under cameron and clegg successful?
most of recommendations of the wright committee (2009) were enacted.
+ established a parliamentary backbench committee to give backbenchers more control over debates. this meant that MPs could actually represent and debate the issues that their constituents email them to talk about
+ membership of select committees would no longer be determined by whips. membership and chairs would instead be elected by MPs in secret ballots
+ introduction of electronic petitons - when a petition reaches 100,000 it will most likely be debated in parliament. for example, an e-petition triggered a debate on a visa scheme for palestinians in may 2024 and a debate on israel and palestine in december 2023. this shows that the constituency link and the delegate model link is being strengthened as MPs are bringing forward the issues that affect constiuents and these are vastly different from the government agenda.
- LIMITED BY THEIR LACK OF ENFORCABILITY
is the supreme court neutral?
yes: judges recognise they are supposed to be impartial, take the judicial oath
- judiciary is slowly becoming more diverse: JAC may prefer a candidate over another of equal merit in order to increase diversity
- judges are not permitted to be members of a political party
- court cases are open to the public and any bias shown by a judge would be quickly publicised in the media
no: increasing attacks by the media on the character of the judges and this undermines impartiality. for example, lord neil berger, president of the SC criticised the media for not defending the judiciary
- court can be dragged into political disputes: 2019 liz truss, justice secretary, didnt defend the court ofer decisions over brexit
- there may be a bias in the judiciary: SC in 2020 had no minorities, in 2022 lady rose only female
- socially and politically conservative judges will favour the status quo for example 1977 Hosenball case court upheld individual liberty
- 65% privately educated and 71% went Oxbridge
is the supreme court independent?
+ constitutional reform act has created strict separation of powers, such as by creating the Supreme Court and splitting the role of the lord chancellor . Furthermore, the Supreme Court sits in Middlesex guildhall, there is a physical separation
- increase in criticisms of the court by parliament and this distorts the separation of powers. For example, Gina miller 2019 said that the executive did not have the power to progorue parliament and what boris did was unconstitutional, and kwarteng who was business minister said that many people believed judges are biased, Jacob Rees mogg believed that it was a constitutional coup IN A PARLIMENTARY REOIRT IT SHOWED THAT IMPROPER ATTACKS ON JUDGES SHOWED THAT IT THREATENS THE CONSTITUTION AND WILL ERODE PARLIAMENTARY CONFIDENCE. AN INQUIRY ALSO SAID THAT RECENT DECISIONS MAY HAVE BEEN INFLUENCED BY MINISTERIAL PRESSURE
- judges often overstep their powers and try to legislate, this removes the principle of parliamentary sovereignty
+ judges understand their role and try not to make laws. They excercise judicial restraint. They are also not allowed to be part of any political party to ensure independence
+ are independent as salaries are determined by senior salaries review body and hiring is determined by judicial appointments commission which are independent bodies.
This removes influence of power of patronage
NO constitutional reform act merged lord chanchellor and justice secretary. justice secretary doesnt need legal background and is a member of the cabinet.
- JAC also need to pass recommendations to the justice secretary who can reject a candidate, showing there isnt complete seperation of powers
Stronger argument is strong to a greater extent extent because whilst if the justice secretary rejects first candidate, they have to accept the second one. However, the lord chancellor and justice secretary recommends someone to the king for the position of chair of judicial appointments commisision. RAAB APPOINTED HELEN PITCHER OBE
is parliament’s urgent questioning of the executive successful in scrutinising the governemnt?
- prime minister’s questions and ministers questions: all mjnisters and the PM have to come to parliament and answer the HoC
- urgent questions: MP can apply to the speaker to address an urgent question. for example, Angela Rayner was granted an urgent question by sir lindsay hoyle to ask bojo if he had broken covid rules
is it effective? - 3 line whips mean that MPs can be controlled. - debates lack the ability to change the law
- however, strong arguments can determine the result of a vote
is parliament’s questioining of the government successful in scrutiny?
NO
yes: secures accountability: rishi sunak questioned about his wife’s non-dom status
- gives the opposition a platform to question the OM
+ significant check as they are being held accountable on tv usually by the opposition
not successful:
- MPs engage in olayground behaviour: Angela Rayners called sunak a pint sized man
- PMQs is coordinated by downing street and pre- prepared questions from backbenchers can make the PM look good May 2024sunam asked one of his councillors to ask him a question onto to mane him look good
- encourages backbenchers to ingratiate themselves to the leader
has UK membership of the EU been influential over sovereignty and the constitution?
1) policy
no: many areas of policy remain unaffected by EU membership. the UK still had control over their foreign policy and defence policy because of NATO and US ties.
YES: EU communities act 1972 EU law takes precedence over UK law where you where the EU has competency: as seen in factortame 2000: Single EU market member seats cannot restrict access to each other’s fishing grounds. EU can strike down acts of parliament.
- parliamentary sovereignty was not infringed upon parliament cannot bind its successor European communities act 1972, can be repealed at the end of transition period first of Jan, 2021 law no longer has primary, however, withdrawal act copied EU law to UK law still will impact
- QMV transfer of more areas of legislative competency undermines parliamentary sovereignty. EU has exclusive competency over certain laws, and after certain strict consumer protection and more mood to KMV, UK lost national veto erosion of sovereignty
- treaties that move areas of competency to EU and QMV has to be signed by all states UK retain serenity negotiating opt out Brexit has competency
What does the Supreme Court do?
- hears appeals and arguable points of law of general public importance
- concentrate on causes of public and constitutional, importances
- final court of appeal for all UK civil and criminal cases
- assumed the rule of adjudicating on whether devolved legislature have exceeded devolved powers
what is the fixed term parliament act 2015?
Parliament will last for five years removing the prime minister prerogative of power to call an election as they wish except if the government loses a vote of confidence in the common or if 2/3 of MPs vote for an early election
+ removes the ability of the of the prime minister to manipulate a general election.
- However, five years can lead to a zombie parliament.
- The 2017, snap election and 2019 election shows act doesn’t sufficiently limit the prime minister power
- 2019, the Tory manifesto pledges to remove it
how does the House of Commons represent people functionally?
descriptive representation reflect people social characteristics
- two hundred and twenty women in two thousand and nineteen less than half
+ sixty five ethnic minorities in 2019
-labour used to be made up a third of manual labourers, and now was made up of lawyers, six percent of the population went to a private school, but 44% of Conservative MPs are privately educated be
-BAME made up 18% of the population but 10% in the House of Commons
How is parliamentary government principle of the constitution?
One government governance through and in parliament, fusion of powers between the legislative and executive branches of government
How to statute law make up the constitution
made by parliament and this is the most important source of the constitution always prevails due to parliamentary sovereignty. For example, the EU withdrawal act former repeal of European committees act milestone… shows how key statues have allow the system to evolve
constitutionally significance statute law: fixed term parliament act 2011 introduced the principal fixed elections for Westminster elections.
What is common law?
Laws made by judges, where the Lord does not cover the issue, or is unclear
What is the principle of the rule of law?
The principal, that all people and bodies, including the government must follow the law and be held to account if they do not
what is statute law?
Laws passed by parliament
what is the role of backbenchers?
- Questioning ministers
- participates in debates
- voting on legislation
- participating in public bill and select committees
-Government back benches aren’t supposed to criticise too strongly opposition back ventures are supposedly a prominent part in opposing the government.
What is individual ministerial responsibility?
Minister is responsible for running their own department, personal behaviour measured against the ministerial code, which is interpreted by the Prime Minister. Ultimately can be ignored if they retain confidence of the Prime Minister.
What is collective ministerial responsibility?
all cabinet ministers get a vote on issues presented in the cabinet duty bound promote or defend government actions and if they disagree they must abide by the collective decision cabinet discussion should be kept confidential. If they cannot do this they must leave the government. However Vince cable not asked to resign over criticising approach of austerity.
What is the role of the speaker?
to cool up upon MPs to speak and debates insure parties receive fair debate times discipline MPs when they break rules or and procedures of the house, announcing results of the votes in the house, casting deciding vote in the event of a tie
What is the role of the official opposition?
Opposes and criticises policies of the government presents itself to the electorate as an alternative government leader is called upon on Wednesday during question time and has more questions than anyone else. Official opposition. MPs are on committees and given 20 days a year to raise issues for debate.
is the human rights act a successful constitutional reform that improved the UK political system under Blair and brown?
+ citizens now have a list of their rights and that increases awareness
+ makes clear the power of the executive and stop them from abusing civil rights.
+ Role of the judiciary and protecting rights has increased and have ability to declare laws.
- HRA gives the wrong people rights Abu Qatada
- judges are unelected shouldn’t be holding democracy shouldn’t be holding democratically elected institutions to account
does it go far enough?
not entrenched and can be abolished 2010, cameron was stopped doing so because of the coalition. tory manifesto wants a proper balance between rights, national security and an effective goct
- judges can’t strike down law. Only declare it incompatible
- rights aren’t entrenched Prevention of terrorism Acts.
What is an uncodified constitution?
Constitution not contained in a single document
What is the constitution?
A set of rules determining where sovereignty lies in a political system, establishing a relationship between the government and the governed
what are conventions?
Traditions, not contained in law, but influential in the operation of the political system
how effective is the opposition at scrutinising?
+ publicly scrutinise the government in the commons debating the PM and government in the commons. By pointing out flaws, questioning and scrutinising the government viewers ( this is televised) can see the flaws of the government
Leader of the opposition gets to ask pm 6 questions during PMQs. For example, kier starmer questioned sunak’s wifes non- dom tax status which drew attention to the subject and scrutinised.
+ present themselves as a good alternative
government by formulating policy, they get given short money IN RESPONSE TO MINI BUDGET STARMER SAID THAT TORIES ARE DRAWING ON LABOUR POLICIES MARCH 2024
+ the opposition forms their own shadow cabinet to scrutinise to hold the electorate accountable
