Section C's Flashcards
Should the UK adopt a codified constitution
Adaptability:
- Firearms (Amendments) Act after Dunblane massacre (1996)
- Devolution
- Hunting Act 2004
- US constitution only amended 27 times since 1787- 366 school shootings since 1999.
- UCL’s Constitution Unit poll (2022), 77% of people thought they had too little influence over how the UK is governed.
Excess flexibility:
- EU Withdrawal Act 2020- 37% electorate’s approval. UK’s relationship with EU
- Maastricht, Amsterdam and Nice, approved without asking the electorate.
- Labour govt ignored demands for a vote for the Lisbon Treaty
-Corona Virus Act 2020 passed in only 3 days
Separation of powers:
- During Major’s government the courts found against Howard as Home Secretary 10 times, including a decision to impose a minimum sentence on James Bulger’s killers
- In 2004, the House of Lords ruled against the government’s decision to detain terror suspects indefinitely in Belmarsh and Broadmoor prisons 8-1.
- 2 years later, Blair described a High Court decision to allow Afghan hijackers temporary leave to remain in the UK as ‘barmy’
Rights protection:
- The HRA is ineffective- 2001 Anti-Terrorism, Crime and Security Act
- Only 1% of court cases are law declared incompatible with human rights.
- 4.6% of judicial review cases (2016-2020) were successful. Successful cases decreased under Johnson, falling by over 50% to 2.2%.
- Anthony Barrett: ‘In Britain today the government can alter the laws affecting your freedom of speech in the same way it amends laws about dog licensing.’
Success so far:
- No clear political census of what a codified constitution should look like or include. Conservatives + Libs fundamentally disagree on constitutional matters such as human rights and civil liberties
- Cons in 2015 manifesto said reforming the HoL “was not a priority”, whereas Lib Dems firmly in favour of reforming HoL
- Libs and Labour in favour of HRA to be included in the constitution, whereas the Conservative Party and UKIP wish to remove the Act- would widen divisions, like meeting in Philadelphia in 1787.
- EU, COVID-19 and the death of Queen Elizabeth II.
To what extent is the British Constitution effective? / ‘The strengths of the Constitution outweigh its weaknesses’
IS:
Adaptability:
- Firearms (Amendments) Act after Dunblane massacre (1996)
- Devolution
- Hunting Act 2004
- US constitution only amended 27 times since 1787- 366 school shootings since 1999.
- UCL’s Constitution Unit poll (2022), 77% of people thought they had too little influence over how the UK is governed
Lack of clarity:
- April 2022- 4.6% of JR cases succeeded, dropping by 50% during Johnson’s premiership to 2.2%.
- Other actions by Boris Johnson= allegations of misleading parliament, allegations of bullying by cabinet members, partygate and the unlawful prorogation of parliament (under the Miller case)
- Short process needed to pass legislation. The Corona Virus Act 2020 was passed in only 3 days.
- Different rules under devolution
Strong government
- FPTP system creates majorities + ‘winner takes all’ bonus.
- Blair= 179, the largest Labour had seen since 1935- constitutional reform
- Thatcher= 144- economic reform- ‘Winter of Discontent’.
- Boris Johnson- ‘get Brexit done’.
Concentration of power:
- FPTP- main parties over represented
- Presidential powers- Blair, ‘sofa meetings’ Evidence showed a majority against the Iraq War, but a minister stated it was happening ‘because Tony wanted to’ = Elective dictatorship (1976 by Lord Hailsham)
- EU Withdrawal Act 2020- 37% of electorate’s approval.
Accountability
- Courts rule against govt:
- Howard, 10 times
- Belmarsh
- Blair described a High Court decision to give Afghan hijackers temporary leave to remain in the UK as ‘barmy’
- Accountability to electorate- re-election, Thatcher lost to Heseltine 1990
To what extent has constitutional reform in the UK been effective
YES:
Rights protection
- Constitutional Reform Act 2005
- Howard
- Blair- ‘barmy’
- Ultra vires= R(Reilly)
Strong government
- Impact of HRA less- only 1%
- JR- 4.6%, Johnson fell by 50% to 2.2%
- R(Reilly)- retrospective leg.
Devolution
- 1997 ref→GoWa 1998,
- Scotland Act 1998 etc
Wales Act 2017- reserved powers model
- Regionally developed policy- free prescriptions
- 2021 poll, only 20% believe the Senedd should get scrapped
Outdated HOL
- No rep for other religion
- Wakeham Report 2000- recommended improving rep. of HOL, but only 30% female, 6% ethnic minority
- Burns Report 2017- recommended reducing no. of peers- very costly- still 800
- Cronyism- 1/4 of peerages awarded recently have been to Conservative party donors
Modernisation
House of Lords Act 1999- reduced hereditary peerage to 92
‘Parliamentary sovereignty is the most important principle of the UK constitution’. Discuss.
NO:
EU law
- Undermined- Factortame
- European Communities Act 1972= EU law superior
- Although left EU through EU withdrawal Bill, still have to ‘take into account’ rulings from Strasbourg + have 3,800 EU laws operating in UK
Cannot bind successors
- EU withdrawal Bill repealed European Communities Act 1972
- Defence of the Realm Act 1914 allowed any military personnel to arrest any Irish person without charge or trial, was repealed in 1953
- Sunday Closing (Wales) Act 1881 (closure of all public houses in Wales on Sundays) repealed in 1911.
Devolution + referendums
- Scot 2014- 84.6%
- EU- 72.2%
- GFa- 81%
- Devolution- violates ‘no other independent law making bodies’
- Wales (Agricultural) Sector Bill- courts found in favour of Wales
No higher authority
- Can overrule Sup Court- R(Reilly)
- Monarch is higher authority but dignified + royal assent a convention- technically can refuse it- 1707 Queen Anne Scottish Militia Bill
Other principles
- Rule of Law: Elliot Money, David Chaytor, Jim Devine and Lord Hanningfield prosecuted over expenses. Sharma v Brown-Antoine
Rimmington Case
- Sep of powers: Howard, Blair ‘barmy’
Is the Rule of law the most important principle of the constitution?
NO
Failed to protect certain groups
- Stephen Lawrence- MacPherson Report- racism important factor in its failure
- Grenfell- killed 72- cladded to save money
- Hillsborough- 96- police blamed fans
- Windrush scandal
Parliamentary sovereignty
- R(Reilly)- retrospective leg
- EU Withdrawal Bill- repealed…
- Corona Virus Act- large power- only 3 days
Elective dictatorship
- Blair- 179, Thatcher- 144
- Only defeated 4 times
- Iraq happened ‘because Tony wanted it to’
- Anti-Terrorism, Crime and Security Act
No one above law
- Chris Hume- speeding tickcet
- David Chaytor
- 2010- sex offenders on reg for life breach of human rights
- R(on application of Privacy International) v Investigatory Powers Tribunal- Investigatory Powers Tribunal acted unlawfully
State is limited
- Howard
- Blair ‘barmy’
- Belmarsh + Broadmoor
- David Davis- Article 50
‘The UK judiciary has become more politicised’. Discuss.
NO:
Judicial independence
- Guaranteed salaries paid
- Security of tenure
- Sep- Const. Reform Act
Greater scrutiny
- Physical relocation of senior judges to Middlesex Guildhall has brought them into public arena and subjected them to greater media scrutiny.
- 30 year min. jail terms for two serial rapists McCann and Sinaga deemed ‘unduly lenient’ by A-G’s office and have been challenged to CoA. - 2017- Lord Chief Justice said judges are being put under ‘intolerable pressure’ by media who criticise their decisions.
JAC
- No secret soundings
- ‘Politicisation’ often associated with political interference- this has decreased
- Committee select person, Lord Chancellor only disagree/agree
Anti-government decisions
- R(Reilly)
- Howard
- Blair- ‘barmy’
Breaking of convention
- Ministers spoken out against judges and their decisions
- Sec. of state for exiting the EU David Davis- reacted to a November 2016 HC ruling with stated the govt couldn’t trigger Article 50 without parliamentary approval
- Peter Hain, a lord, criticised a judge in his book by saying he was “off his rocker”.
To what extent is the power of the PM determined by the holder of office?
NO:
Electorate
- Wilson= 4
- Thatcher= 144
- Blair= 179
- May= lost
- Brown= electoral fatigue
Party leadership
- Special relationship, Blair+Bush)
- Thatcher’s defeat in 1990
- Boris Johnson- ‘Get Brexit done’
- Corbyn targeted younger voters for a new, radical Labour
Cabinet
- Look weak- ‘Night of the Long Knives’- 1/3 of cabinet
- Liz Truss- downfall over mini-budget, didn’t tell cabinet members about her intention to abolish the top rate of tax
- Blair had to make difficult decisions with cab. over war- Robin Cook retiring in 2003
Patronage
- Loyal
- Clement Attlee v good at appointing ministers like Ernest Bevin, Nye Bevan and Hugh Dalton
- Not good- Gavin Williamson- education sec (only had degree in social policy)= came under heavy scrutiny over the government’s repeated U-turns over free school meals + chaos of exams
- However, must be MP/Lord- so PM limited to an extent, unlike in US.
Media
- Harold MacMillan laughed at
- John Major- dull ‘Spitting Image’.
- Thatcher, who initially had public supp faced criticism and backlash during final year
- Blair+Johnson enjoyed favourable media attention
- Liz Truss outliving a lettuce?
‘The PM has become increasingly presidential’
YES:
Personalised leadership
- Cameron: Same Sex Marriage Act 2013
- Blair, constitutional reform
- Boris: Brexit
- Thatcher, economic
- Attlee, welfare state
- Thatcher + Blair set agenda themselves & personally associated with major policy initiatives.
- The introduction of televised leaders debates in the 2010 GE campaign reinforced the focus on party leaders.
Constraints
- Cabinet
- 7 of May’s cabinet ministers defied her orders in the no-deal Commons votes
- Johnson forced to resign July 2022, 57 ministers + govt aides resigned
- Liz Truss= mini-budget,
- Firing ministers can also make the PM appear weak, demonstrated with MacMillan’s ‘Knight of the Long Knives’.
Public outreach:
- 2017 Theresa May appeared on One Show on BBC to try to heighten her popularity
- Alastair Campbell tasked with communications
- Blair: ‘people’s princess’
- Cameron visiting victims of flooding in 2014
Parliamentary sovereignty
- The 1830 vote of no confidence- government motion over a financial question defeated
- 1979 Callaghan lost vote of no confidence by 1
- May survived but1/3 voted against her
Spatial leadership
- Blair= ‘sofa meetings’, discussions about Iraq War, excluded International Development Secretary, Clare Short.
- Coalition ‘Quad’: Cameron, Osborne, Clegg, Alexander
- Brown’s ‘Kitchen Cabinet’,
- Personal connotations: ‘Blairism’ and ‘Thatcherism’
- Royal prerogative powers- Cameron 2011- RAF to air strike in the Libyan civil war to save the ‘democratic’ rebels
To what extent is parliament effective in its roles of scrutiny, legislation and representation?
NOT EFFECTIVE:
PMQs:
- Cameron quoted as wanting to end ‘Punch and Judy Politics’ when became leader of Conservatives- but bad behaviour + temper= Labour MP Angela Eagle to “calm down dear”.
- Labour MP Joan Ruddock said to Thatcher: ‘If the Prime Minister had just spent 27 years in prison –’ Gerald Kaufman interjected: ‘As she should’
Debates and committees:
- Liaison Committee- 40% accepted
- 2008-2012, the no. of press mentions of the Home affairs committee rose from 295 to 2,033
- Keith Vaz=Home Affairs Chair since 2007.
- Lucy Allan
Small majority:
- Major= 21, Wilson= 4, May= lost
- Rebellions and ping-pong
- The Prevention of Terrorism Bill 2005, over the course of 30 hours was considered 5 times by HOL and 4 by HOC, extreme example of ping-pong
Government dominance:
- Thatcher’s 144, Blair’s 179
- Public bills are successful- only 20 op days
- Guillotine used 16 times between 1999-2000
Narrow background
- 30% female MPS
- 6% ethnic minority MPS
- Poll Youguv- 59% think MPs not representative of wider pop., 34% of ethnic minorities think ethnic minority rep. has improved
To what extent is there an elective dictatorship in the UK?
To what extent is parliament effective in its role of representation?
ISN’T:
Disproportionate results:
- 2019 GE Sinn Fein= 7 seats, Plaid 4 and DUP 8.
- Labour and Conservatives= 76%
- 2010, Liberals= 23%, but 8% of seats.
-2015, UKIP won 12.6% of the vote, but only 1 seat.
- 2019, Cons seats increased by 46, but vote only increased by 1.2%
- IPPR analysis shows that the 2010 GE was decided by just 111 constituencies, fewer than 460,000 voters, 1.6% of the electorate.
- Vote Swap, where voters could pledge to swap their votes depending on how safe their own constituency was.
MP-Constituency Link
HOL
- 92 hereditary
- No other religions.
- Wakeham Report 2000 recommended improving the representativeness of HOL but:
— 30% female
— 6% ethnic minority
- Almost 1/4 of peerages awarded this year have been to Conservative party donors- cronyism
Incrasing representation
-Liz Truss’ cabinet
- May-‘look like the nation it serves’
- 2001- only 118 women MPs
Narrow background:
2023= 225 female (34%)
- Of the 66 minority ethnic members 62% are Labour and 35% Cons
- A poll by YouGuv = 59% of people feel MPs not representative of the wider population, only 34% of ethnic minority Britons say that ethnic minority representation has improved among MPs
To what extent is parliament effective in its roles of legislation?
IS:
Government dominance:
- Thatcher’s 144, Blair’s 179
- Public bills are successful- only 20 op days
- Guillotine used 16 times between 1999-2000
Small majority:
- Major= 21, Wilson= 4, May= lost
- Rebellions and ping-pong
- The Prevention of Terrorism Bill 2005, over the course of 30 hours was considered 5 times by HOL and 4 by HOC, extreme example of ping-pong
Parliamentary sovereignty:
- Any bill: Summer Time Act, Easter Day Act
- 2021: Domestic Abuse Bill, Health and Care Bill
- Repeal: EU Withdrawal Bill rep. European Communities Act
Defence of the Realm Act 1914 allowed any military personnel to arrest any Irish person without charge or trial, was repealed in 1953
Private Member Bills:
- Assisted Dying Bill
- Domestic Violence, Crime and Victims (Amendment) Bill
- British Sign Language (BSL) Bill
[ all failed ↑ ]
- 7/150 succeed
The power of cabinet is far superior than that of the PM
YES
Rejecting collective responsibility
- Clare Short
- Johnson- 57 min- July 2022
- Truss- mini-budget
Patronage
- Brown- Ed Balls + Doug Alexander
- Thatcher: “give me 6 men and true, and I will get policies through”
- Johnson- allies- Hancock, Raab, Patelle
‘Primus inter parus’
- Hammond + May
- Brown- wanted to appoint Ed Balls chancellor, but Alastair Darling refused
Presidential PM:
- Spatial leadership- sofa meetings, Brown ‘kitchen’, Coalition Quad
- RPP- Blair- war
- Associated with policies
Potential rivals
- Hammond + May
- Cameron undermined- Johnson + Gove leave camp
- Thatcher 1990
To what extent is parliament effective in its role of scrutiny?
NOT:
✔ PMQs
✔ __
✔ __
↻ Committees
↻ __
↻ __
To what extent is collective responsibility upheld in the UK?
NO:
Non-resignations
- Thatcher’s first govt, defied decisions but didn’t resign e.g. John Nott
- Clare Short- didn’t resign- “too much power concentrated in no.10”
- Nick Clegg critical of Cameron’s policy at EU summit in 2011
Resignations
- Robin Cook
- Iain Duncan Smith
- July 2019, Boris Johnson — then secretary of state for foreign and commonwealth affairs — resigned, citing that he could not
‘in good conscience’ support the deal with the EU that was agreed by the prime minister
Confidence Vote
- If lose vonc- must resign
- Callaghan- 1979- 1 vote
Leaks
- PM Theresa May sacked Defence Secretary Gavin Williamson over a leak that revealed Huawei had been approved build parts of the U.K.’s 5G network.
- Home Office PPS Andrew Lewer fired after leak to press
