Parliament is the main check on the PM Flashcards
(9 cards)
Question
Evaluate the view that the main check on PM power is Parliament.
Factors
- Parliament
- Cabinet
- Supreme Court
Judgement
Parliament is the main check on PM power.
Weaker argument Parliament
→ The system of FPTP creates a highly disproportional system and ensures large majorities - leading to effective elective dictatorship.
→ From 1997-2005, Tony Blair’s Labour Party maintained a large majority and did not lose a single vote in the House of Commons, enabling him to push through policies with minimal resistance, even when he dealt with backbench rebellions - increasing of tuition fees to £3000/year.
→ Thatcher’s large majorities allowed her to push through controversial decisions such as trade union legislation and privatisation.
→ Johnson’s 80 seat majority allowed him to push through Brexit.
Stronger argument Parliament
→ Blair: no defeats in the Commons between 1997-2005 but in the next 2 years he suffered 4 defeats.
→ PMQs provide a direct, weekly forum for MPs to challenge the PM. After the Partygate Scandal PMQs were used to question Boris Johnson about whether he had lied to the Commons.
→ Even if PMs do not face checks on their power in the Commons they often face resistance in the Lords - Blair faced over 300 Lords defeats, particularly on civil liberties (e.g., ID cards).
→ The 2019 Brexit votes: May faced repeated defeats in Parliament over her Brexit deal, with MPs rejecting her proposals multiple times in early 2019 - this showed Parliament’s capacity to override the PM’s agenda.
Weaker argument Cabinet
→ Cabinet resignations over Brexit (2018): Johnson and Davis, resigned from May’s Cabinet in protest against her Brexit deal.
→ Whilst in May’s Cabinet, Johnson continually criticised her Brexit plans.
→ Thatcher alienated several senior ministers, including Nigel Lawson and Douglas Hurd, who later backed Heseltine during the leadership contest. The erosion of loyalty showed her declining ability to wield patronage effectively.
→ Blair had to accept the resignations of key allies like Peter Mandelson (twice) and Alastair Campbell.
Stronger argument Cabinet
→ Boris Johnson’s Cabinet (2019-2020): composed of ministers who supported his hard Brexit stance. His control over Cabinet showed that Cabinet was a tool for advancing the PM’s agenda.
→ Thatcher promoting loyal drys: She elevated Nigel Lawson to Chancellor of the Exchequer in 1983 and Norman Tebbit to key Cabinet positions.
→ Blair moved ministers like John Reid across multiple departments to keep control of policy direction and limit opposition within his government.
→ Cabinet Reshuffle After Becoming PM (2016): May removed key figures associated with Cameron and the Remain campaign, such as George Osborne, and appointed Brexit-supporting ministers like David Davis and Liam Fox.
Weaker argument Supreme Court
→ Miller v Secretary of State for Exiting the EU (2017): SC ruled that May’s government could not trigger Article 50 without an Act of Parliament.
→ R (Miller) v The Prime Minister (2019): SC unanimously ruled that Johnson’s prorogation of Parliament to pass Brexit legislation was unlawful.
→ R (AAA) v Secretary of State for the Home Department 2023 - the Supreme Court ruled the government’s Rwanda asylum policy unlawful, agreeing with the Court of Appeal’s decision that it exposes deportees to potential human rights violations.
Stronger argument Supreme Court
→ The Supreme Court can declare an action unlawful, but it has no direct enforcement mechanisms. After the 2019 prorogation ruling, Johnson simply reconvened Parliament without facing personal consequences, showing limits in enforcement.
→ Parliamentary sovereignty means PMs can pass laws to bypass the rulings of the Supreme Court:
- R (AAA) v Secretary of State for the Home Department 2023
- HM Treasury v Ahmed (2010)
→ Because the branches of UK Parliament are separated the Supreme Court has to show judicial restraint and cannot become a legislative body - this was seen in the case of R (Nicklinson) v Ministry of Justice (2014).