To Know Flashcards
1
Q
Example of johnson control over cabinet appt
A
Priti patel- storng imigration anti euy
Thatcher devotee- sajid javid
Jrm- chair of pro brexit erg- leasdder hoc
2
Q
Balance in therea may cabinet
A
Brexiteer mordaunt- britain internat development nminister
Removed osbourne
Appt johnson foriegn sec
Philip hammond as remainer as chancellor
3
Q
Twe do nat have pessimistic view human nature
A
-rational-
Lib, anti post yes
Con no- hence rely on security of state
Expan integral
-who can be part of nation- exclusive or not
-superiority of some chauvanism v lib internat
4
Q
Twe do nat agree on the core ideas and principles of the state
A
Rational in approaches to state- roussau v romantyic and msytical herder and arguably mazzini
Inclusive v exclusive
Self determination
5
Q
Impact of backbenchers in shaping legislation
A
Duncans snith- death by dangerous cucling- folowing campaigning of victims husband- matthew briggs
Homelessness illegal- 40bb
6
Q
Scotland laws passed
A
Scotland freedom of information act 2002- compared to 2010 in westminster
Didnt introduce tuition fees, free tuitionn for scottish residents
2016 scottish gov ended the right of council tenants to purchase the houses they live in
Scotland was the first member of the uk to ban smoking in public places
7
Q
After scot independene ref what set up
A
Smith commission established
Reccommended that significant new powers be devolved to the scottish parliament and executive
Formed basus of scotland act 2016
8
Q
Changes under scot act 2016
A
Varying the rate of income tax by up to 10p/pound
Having the right to receieve 50% vat gathered in scotland
Determining abortion laws
Deciding air passenger duty
Determining speed limits
9
Q
Increased devolution in wales
A
Wales act 2014
Control of no of taxes- stamp duty, land and landfill tax
Change no of welsh assembly gov to welsh gov- symbolise its significance
10
Q
Example clash dup and sinn fein
A
Lang act 2017
2022 winsor framwrok
11
Q
Sources of constitution
A
Statute law
Convention
Authoritative works
Common lawe
Treaties
Customs
12
Q
common law
A
Legal principles and precedents set and applied by courts
Aim to create precedents where none exist, so that application in future cases s consistent
13
Q
coalition years devol signif
A
Westminster lost more legislative control over scotland and was challenging parliamentary soveirgnty
No conceerte measure for evel other than set up mckay commission- proposed introducing parliamentary convention on issue
All but 1 bristol mayroal ref sucess
Scotland almost voted yes in last week- huge change to constiitution
14
Q
Post 2015 devolution
A
Further devolution scot and wales
Evel established new legislative stage
Evel highliy complex and rarely used but creates seperate status for english mps
Eg. Used jan 2016 housing bill
15
Q
Parliament new lab reforms
A
Removed al but 92 heredtary peers- stage 1
Set up lords appontemnt to nominnate non parisan peers
Wrght com to recommend select comm reforms
Alter format pmqs and attempt to make parliament sittng times more family freindly
16
Q
Coalition reforms to parliament
A
80/20 elected appointed upper house, use stv, stagger elections, end hereditary principle- dropped due to alck of con support
Fixed term palriament act- remove pm prerogatove power to call an election
Follow through wright comm proposals- elected sc chars
Hol reform act 2014- can retire, can be expelled for no attendance in a session`
17
Q
Coalition changes to judiciary
A
Conn manifesto plegde to enact ‘british bil of rights’
Watered down by ld who established comm to consider issue- no consensus reached`
18
Q
Voting and direct democracy- new lab
A
Set up jenkins commission to propose further voting system for ge, to be put to public in ref
Av proposed but no ref
Pr intro into devolved and eu bodies
More ref held uring this moment than before
19
Q
Coalition voting and direct democracy
A
2011 av referendum deal breaker for ld enter into coaltion
Reuction in no mps to 600 with boundary review
Epetition set up wit h quota of public signatureies gaurentee gov repsonse and parliamentary debate
Proposed open primaries for saffe seats- pans droppped due to cost
Power of recall introduced
Police and crime commissioners elected- using sv
20
Q
Post 2015 reforms to voting and direct democracy
A
Boundary review and changes have occured ready for 2024 ge
33rd national referdnums over brexit- eu withdrawal act 2018- absorb eu c
Voter id laws- greater restrictions
Mayoral elections no longer sv
21
Q
should uk codify constitution
A
Parliamentary soveregnty
Public support/benefit
Legtmacy and transparency vs practicalty
22
Q
Should uk codify- parliamentary soveignty yes
A
Ps undermined by exec soveriegnty, courst- ensure long term health through codificiation
Conventions eroded too easily- 2015 hol vote aganst tax credt changes
Agaisnst sailsbury convention and issues around ministeral responsiblity
Proper constutional court would be able to enure consttutionality of legislation, increasing legitimacy of polictcal proceedings`
23
Q
Public support benefit codification no
A
No demand for codified constitution
Frew writtten constitutionss are self explanatiory and readable and exensiive iinterpretation
Much of consttution is currently written- with legislative details and authortative works providing guidence
24
Q
Should constitutional reforms be taken further
A
Devolution
Votings ystem
Hol
Hra
25
Devolution not taken further
Shutdown of stromont shows devolution not totlly solved ni divisions with some westmeinster intervention been required to ensure constunaliity of security
Has already modified a heavy centralised constitution- enabling to politicans to meet needs of poeple at more local level
Ne devolution shows no demand for regional devolution00- uniformty not best n uk
26
Hol needs more reform
Lords lack democratic legitmacy as no ii=one is leected- hereiditary principle outdated
Chambers too big and role not understood public
Elections ensure greater checks and balances on gov that can act too powerful
Clear electoral distiinctions- diff structure, term limits, stagger voters, givediff character
27
Hol does not need reform
Based firmly on merit and expensive- not poplar consent
Already become more assertive in holding gov to account, wthout election
Elected chamber could mirror the comm- produce chamber of professional politicans, reducing experience or value
28
Tv that constitutional reform has not gone far enouugh and has not iproved democracy uk
Accontability participation
Representation
Or could just do hra, hol, devolution
29
Accountability- y reform not far enough not improved
Recall of mps act 2015- diff to pass due to strict criteria- 10^% consttuency sign, only if mp in prison more than 12 months or supsended hoc for more than 21 dyas
Used infrequently- twice
Cra 2005- sc- ot signiicant chamge to democracy as law lords existed before
30
Accountability no reform not far enough and not improved democracy
Sc allowd dispersal of power and greater independance- judciaoary appointment comm set up to nominate sc justices rather than lord chancellor
Create accountability against gov- 2020 dolan and ors v secreatry of state for health- lockdown restirctions unlawful- failed
Recall of mps act- ensures not used as personal vendetta, accountability between elections
Foi- 2000- rght of accesss to recorded info held by public bodies- 2009 expenses scandal and sky westminster accounts
Electoral comm 32001- result of political parties eelections and ref act 2000- monitor finances of parties, look over ref q- bias minimised
31
Participation y reform not far enough and not improved democracy
E petition 2011- high threshold- gov can still postpone or ignore- deter
Fptp demoralise smal parties
32
Participation constituttional reofrm not gone far enough and not imrpoved - y
Lack voter turnout— more that parliament system worsening- scandals and resignations- johnson 2020-22- 500 ministerial resignations))
Devolved bodies greater prartcpation as vote in local elections
Relevant policies passed- alcohol (min pricibg) act 2012- scotalnd- alcohlism greater ssues
Trunout devloved bpdies despite pr- 32012 welsh assembly trounout of 47% compared 2019 ge 67%
E petition increase participation- hhansard society audit of politcial engagemnet found 233% british public created ro signed e etition in last year
Reading online hansard increased 300% and parliamentary tv vewiing increase 900% according to pettions comm 20135
33
Representation constituional reform not far enough and not improved democracy
No support for regional devolution- ne 20004- 78% agaiinst. 40% turnout
Wrright reform ineffective- figures such as jrm filibuster deebates in backbench business comm- limit abiility for balances debate and rep
Gov can ignroe sellect comm reports
34
Rep reform far enough and imporved democracy
Select com, mps elect rather than whips (not obedient so get selected for miinisteral appoiintments)) and paid so viable career
Bbcomm- important bills debated- forced adoption in uk and importance of refugee family reunions
National devolution ppilcar- ref on good friday agreement- turnout 81^% with support 71%
Hol reform 1999 decrease hereditary peers to 92, ncrease no life peers, signif ipact to society- scentist who pioneered ivf and fertility treatments
Hereditary v unrep- old wea;thy men limited contribution to society
Blair amined to create fully elected house- 2022- starmer annouce would contnue
35
name rwanda case
Aaa v sec of state home dpt 2023
36
name rwanda case
Aaa v sec of state home dpt 2023
37
Convention on devolved region
Sewel convention- uk gov not interfere in areas of devolved competence
Challenged with judicial review for seco fo state for scot decision prevent gender recognition billl passing
Sewel convention of last resort veto to block- disagree with scot opionion
38
Convention on speaker of the house
Impartial
Bercrow not with brexit as sir jenkins highlighted ‘it is remarkable how often you please one lot and not the other lot’
Arguably sir lindsay hoyle also do so with gaza debate giving labour ammendment on snp opposition day
39
Gov shares in pm royal prerogative
2013 ministry of justice requested a posthumous royal pardon for alan turning- after he was convicted of gross indecencyy with another man in 1952
40
Amber rudd resignation
2018
May home secretary
Resigned as not told truth to hoc when she stated no home offcie targets for removing illegal immigrants- but there was
41
Coalition gov strengthened david campaign as pm
Lasted 5y- fixed term parliament act 2011
Cameron could fulfill most of his manifesto commitments- esp austerity
Collective ministerial responsibility, apply to all areas of policy agreed by coalition agreement
42
Coalition weakned cameron
cameron had to give 5 lib dem inc nick l=clegg as deputy pm , cabinet positions
Agree to referendum on av
Hol suspended sialsbury convention so could oppose measures in gov parties manifestos- as no one won
Quad established- core policies first agreed- cameron, clegg, osbourne, danny alexander (lib dem chief secretary to the cabinet)
43
Presidential model in uk
‘Spatial leadership’- political writer, michael foley
Pm create own space by distancing from party in order to achieve personal mandate- eg boris
44
Presidential style blair
Personal- gov decisions as his own ‘this is the Britain I offer you’
Put case for iraq war directly to the public through television discussions and debates
More white house feel- position of chief of staff establiished, §
45
Pm cast narrative of gov eg
Thatcher- free- market, right wing, uncompromising
Cameron- increasingly socially liberal- legislating in favour of same-sex marriage
46
How boris presidential
concentration of power no 10
-sidelining cabinet and parliament
-(failed) attempt to appoint allegra stratton- white-house style dailiy press briefinngs
47
Factors affecting pm power
Ability to use powers, changes with context
-party unity
Majority
Mandate
First term gov
Threat election or resignation
Economic problems
48
How mandate affect pm pwoer
May failed to gain electoral mandate in 2017
So droppoed many prooposals from manifesto- reforms to social care, mental health and prisons
Also due to brexit
49
Cabinet gov
pm supported by civil service- neutral and independannt
-tradtional model of gov- collective responsibility, negotiation, no personal
-mini budget- not cabinet?
-all ministers equal in their capacuty to shape gov policy
-individual ministerial responsibility- w/in department- priti patel- guilty of bullying
-elastic band theory
50
Core exec model
More realistic
-pm and cabinet work with ‘’core executive’ or network of power
Inc. pm, cabinet, cabinet comm, civil service, pm office, spads
-smith- traditional pm v cabinet gov too simplistic
-wider factors- economu, international diplomavy and circumstances influence workings of gov
51
Constraints on pm too powerful
Cabinet party events and electoral sucess
52
Constraints on pm too powerful- y party power
coalition undermines mandate- as have to combine/compromise and no one voted for coalitio
-evenm blair-pushed out by own party- brownites
-97- major- divided party over europe
Maastrict treaty- eec to eu
-if majoirty not great enough- diff to pass laws- may 28 defeats
53
Constraint too powerful - cainet no
pm can bypass cabinet- may ignore chancellor osbourne
-decrease in influence if have less frequent meetings- blair 15 min ‘breifings’
-cabinet ‘rubber stamping’
-ministers more concerned about own department- respect pm
-increase bilateral decision making and kavagnah ‘sofar gov’
54
Constraints too powerful cabinet y
-if pm bypass can backfire
-need cabinet support to remian in power
Callaghan- resign vote of no confidence
Boris- 50 resignitions in 2022
-cabinet ‘supreme decision making body’
-more powerful in coalition- 2010-15
-important roles for cabinet
Approve decision making elsewhere- covid lockdowns
Emergency crisis- iraq war
Acts to prioritise and carry out gov policy
Check on pm- influence policy- thatcher lost support over poll taxq
55
Constraints pm too powerful y events and election trunout
boris- covid and partygate- downfall
Covid undermined ability to deliver on mandate- brexit
-iraq- undermine reforming pm legacy
-cameron pressure from backbenchers for referendum- fear of ukip
-brown delaying calling election 2007- ‘bottled brown’
56
Constraints pm too powerful y events and election trunout
57
pm presidentia l
Cabinet
Events and circumstances
Personality and media
58
Pm presidnetial yes cabinet
greater reliance of spads over cabinet and civil service- alister campbel
Wilson 1960s first introduced byt it was blair who intensified
-sofa gov- iraq- military decisions
-‘spatial leadership’
-balir agenda- 15 min briefing- little debate
-before first cabinet meeting- blair and brown planned to transfer interest rate decision making to bank of england- big deciison needed negotiation and scrutiny
-samuels and shugart- ‘clear trend towards presidentialised (through) centralised and leader-centre politics’
-appeal to public= cabinet not needed
59
Pm presidnetail - events and circumstances y
may go agiants party- blair reomval of clause 4- nationalisation
-events allow to appear more presidential
Blair and iraq- commander in chief
Bilateral decision makig- sofa gov
Lack cabinet meetings- chilcot 2016 inquiry
Many in gov felt that early on it was a ‘fait accompli’ so would happen regardless
60
Pm presidential no events and circumstances
general election sucess- permitt or hinder
Pogunthe and webb- parties may let their leaders ‘have their way’ as long as they deliver electoral w=rewards- blair- 179 seat majoirty
-lack of unity-party or cabinet can undermine
King- role of pm is a ‘party job before it is a gov job’
-can cause downfall balir- 2005- 35.2% vote
Hutton (2004) report ‘dogy dossier’, didnt use cabinet enough- not reforming pm
-accountabiluty still present
61
Pm presidential y personality and media
foreign affairs- g7 and cop27- act in presidential way- but more than just that
-blair ‘milk’ the news- aide campbell- ‘brand-image’ ‘balirism’
More about politics than party- ‘spatial leadership’
-‘populist outreach’ ‘speaking to the people’ - 3h long press conferences- to ensure thta his messag enot diluted by others
-hayton- ‘evident in terms of party competition and election campaifgn’
-cameron- 2014- good slogans ‘better together’
-sesne of mission- blair
62
Pm presidnetial no personlaity and media
Dowding- ‘media {has ben more} personality and not a presidential pm’
Dowding and hefferman- whilst a pm may appear ‘presidential’ in foreign affairs shouldnt be over-generalised
-sense of mission may be lacking due to a short time in power- may- mental health
63
Miller v sec of state
Exiting eu 2017
Royal prerogative cannot be used to ammend or repal existinglaws
Leving eu removes rights that were enacted thorugh primary legislation- requires an act or parliament
64
How strong was coalition
Lost 6/65 votes
65
How strong was coalition
Lost 6/65 votes
66
Boris power
Huge majority unite the party and positive media image- increase ability to establish power
Cummings- leave campaign- exapand no10 operations, centralised gob, mandated all spads to report to him
Politico- aug 2020 ‘johnson is building his own whitehouse’
67
Cabinet gov evidence to suggest we have on e
Cabinet retains some useful functions- eg. Coordnate departmental work, approve decisions taken elsewhere
Approve decisions confer legitimacy on cabinet in public oand parliament0- cmr practsied convention- united front
Pm still needs cabinet and support to survive- retraint- jones’ elastic band theory
Convene in times of natoinal crisis- eg war/military action or important domestic events
Theoretically, it’s where govs parliamentary programme is discussed and gov departmental disputes the resolved
Some pm give greater role to cabinet than others or forced to - coaltion gov
Despite growth of pm office, remove small comparible with large departments, enhance respective policy
68
Pm management skills affect relationship with cabinet
A determinend pm will exploit the ‘elastic’ nature of the role, to contro lteh cabinet
Patrnage power can be used to reshape. Team but reignite balance not alienate
69
Functions of cabinet
Approve decisions taken elsewhere- cabinet comm
Take occassional emergency decisions- war crisis
Coordinate and prioriitise gov poliyc
Check on pm influence success of their premership- thatcher cabinet strategyy led to her resignition
Individually - minister run ther departments and collectivley pprovide political leadership for their party and nation alongside pm
70
Academic argumenst for unity taht cabinet can bring
Wakeham- cement which. Binds the gov together
Bagehot- connect link (between)) the nearly complete fuusion of exec and legislative powers
71
Academic argument crossman on cbainet
Transformation of cabinet gv into pm gov
72
Estavblished pm authority affecting ministerial appt
Some sweepng changes- johnson sacked majority of may previisu cabinet
Ithers make changes in increments- major waited until 1992 election to reshuffle- 17 months after initial appontment as pm
73
Examples of imr
Amber rudd resign home sercetary 2018- windrush scandal
Gavin williamson- 2022- minster of state resign over bullying claims
74
Cmr in practise
David davis, boris reisgn brexit secretary 2018- in opp to may withdrawal agreemente
75
Thatcher cabinet coop
1981- allowed extensive cabinet debate about howe’s controversial tax- rasing budget
Argentina invaded faulklands 1982- thtacher called emergency meeting of cabinet to debate feasibility of sending a task force to recover faulklands from argentinian occupations
76
Thatcner dominant over cabient
I dont really mind how much my ministers talk, so long as they do what i say’
After victories in argentina 1982+ miners 1984-5- thatcher increasingly assertve in cabinet
19866- westland crises- heseltne resiign as defence secreatry on grounds he wanst being listened to
1989- nigel lawson- chancellor resign nas complained thatcher was listening to her speecial economics adviser- alan walters more than him
Howe reigned0- increasingly eurosceptic speeches
77
Thatcher downfall
Heseltine won support of enough con mps to take his leadership chalenge to a second roound
Cabinet told her to resign0- ‘it was treachery wth a smile’
In the end although she had promised to ‘let her name go forward for the second ballot’- thatcher was elft no choice but to resign on 22nov 1990
78
Example pm powerful over party
Johnson 2019 remove con whip from 21 mps for their bid to block a no deal brexit
79
Truss cabinet style
Cabinet of political allies- 25/31 appointed openly supported her in leadership contest
Most notably kwasi kwarteng
Marginalised one nation faction and those sunak in leadership contest
80
Lack of truss backbench support
1922 committee- grham brady met truss following trubulent vote in hoc over reintroduction on fracking to inform her that she lacked the support of large swathes of parliamentary party
81
Is the uk judiciary independent and neutral
Cra- independant appointment process
Neutralituty protected by legal and political restrainst
Tenure, protected saleries
Reforms to lord chancellor have greatly iincreased seperation of powers
82
No cra indpendent appt process indepndent and neutrl
Lack of dversity- limited neutrality
No etnc minorty just 3 female justces, older- undemocratic
Public confidnece- balanced and fair
Eg. Radmarcher v granatins- all male sc justice ruled in favour of prenup agreemonets but lady hale opposed
83
Neutrality protected by extensive legal and political restrictions indpendent and neutral yes
Years of experience, ofte as barrister
Reasons to be more transparent- sc livestream of court, public with full written report as well as more concise summary
Political restrictions- can vote but no active political affilations
84
Neutrality protected by extensive legal and political restrictions indpendent and neutral yes
Years of experience, ofte as barrister
Reasons to be more transparent- sc livestream of court, public with full written report as well as more concise summary
Political restrictions- can vote but no active political affilations
85
etcted by extensive llegal and political restrictions no
Inevitable personal views of judges will nfluence the final decision
R (miller) v secretary of state for exiting the eu (2017))
Sc cant detrmine wether gov begin the porcess of exiiting ey using preogrative powers
Daily male- 5 sympathtic to eu, 66 personal relations with remainers
86
Tenure protected saleries y indepnent and nuetral
Judges life tenure, until 75, retire, cannot be simply fired for decisions that gov disagrees with
Pay cannot be used to influence decisons by ncreasng or decreasng.
Not controled by budget/gov, instead by ndependant review body that sets salery who meet directly from considadory fund (gov bank account bofe)
Anonymity- dont run for office or secure political funding
Subjudce rule- prevents mps. Lords, pg, public fro, discussing impendng court case
Shie;d from overall influence, if break contempt of court- fine criminal proceedings
87
Tenure proetcted saleries not indpendent and neutral
On judges 94% judges felt this in 2020 survey
All party parliamentary group ion democracy and the constitution
Found that judges faces soft pressure by a combination of ministerial attacks and threats of reform
88
Reforms to lord chancellor have greatly increased sop yes more indeppndnet and neutral
Historically members of all 33 branches- member of cabinet, rep judiciary iin gov, speaker, head of justice
Cra split up
Lord chancellor- postion of justice secretary, oversee judicial appointments, admission of cases, legal aid and prison sentences
Lord chief justice- presides over lower courts- most senior judge
Lord speaker- elected by peers to preside over hol
Cra requies lord chancelllor- senior member of gov to swear oath to ‘respect the rule of law’ and ‘defend the independence of the judiciairy’
89
Reforms to lord chancellor have greatly increased sop yes more indeppndnet and neutral
Historically members of all 33 branches- member of cabinet, rep judiciary iin gov, speaker, head of justice
Cra split up
Lord chancellor- postion of justice secretary, oversee judicial appointments, admission of cases, legal aid and prison sentences
Lord chief justice- presides over lower courts- most senior judge
Lord speaker- elected by peers to preside over hol
Cra requies lord chancelllor- senior member of gov to swear oath to ‘respect the rule of law’ and ‘defend the independence of the judiciairy’
90
Reforms lord chancellor dont increase i and n
Cra doesnt require lord chancellor to be a laywer, could be more ambitions, younger minister wuth limited legal experience
91
Is the judiciary now too powerful
Judicial review
Sc power compared to other countries and in past
Constitutional reforms- greater judicial activism
Independance and neutrality
92
Is the judiciary now too powerful
Judicial review
Sc power compared to other countries and in past
Constitutional reforms- greater judicial activism
Independance and neutrality
93
Judicial review- judiciary now toop powerufl
1982- 685 applications for judicial review- 20013 over 15,700 applcations- substantal increase in immigration and asylum cases
Pm cameron criticism increase hjr- some ‘welll founded, many completely pointless’
Critics argue jr hold up elected gov- prevents ministers from enacting election mandated promises
Many ‘leave ‘ voters critic when jr sought of con gob planning when had royal prerogatve powers to trgger clause 50- start exit negotiations- application of jr just attempt to frustrate results of ref
Critics argue ref result didnt change the fact that ministers still ahd to act with legal policies
94
Judicial reviw- is judiciary now too powerful no
Increased jr essential to rule of law
Av dicey wrote that ‘twn pillars’ of british constution are parliamentary sovereignty and rule of law
Rule of law stresses importance of law over artibitrary power- requires decisions and actions to applied to everyone equally0
Public office and gov have been frustrated when judgedes declare that an action or decision to be illegal processes are imporoper or immoral
When judges rule that decisions of gov minister, are ‘ultra vires’ beyond legal powers- upholding will of parliament- eg. Justice secretary acted uv when ammedned legal aid to restrict civil legal aid
95
Sc power compared to past judicicary too powerul y
In the past- hra 1998- declalration of ncommpatibilit- uk law conflcits with echr
Due to parliamentary sovereignty- parliament still decisded how to deal with declaratio
Joint comm on hr in 2015 found that since hra in 2000- 29 declarations, 20 final
96
Sc power compared to other countries judiciary not too powerful
Sc much weaker than other countries as lack codfied constitution
If codified- highest courts have power to strike down any laws passed by legislature- as conflict with ‘higher laws’ in constitutoin
Parliament is soveriegn and one main sources of our constitution are passages in parliament- sc strike down for being unconstitutional
97
Constutional reforms- greater judicial activism jduiary now too powerful
Critics hra argue judicial activism- decisions influenced more by personal views of judges than existing laws
Exhr vague-liberal judges increasingly broad view of rights are protected- eg. Echr requires its convention and powers gaurentee to ‘everyone within their jurisdiction’- traditionally judiciary wthin state body- smith v mod 2013- echr intrperted as expanded for brtish soldiers
Hra rases judges to answeer q more personal than legal- once ‘non-justicable’ as rased policy best left to parliament, now in sc due to hr implications- more subjective
Eg. Nicklinson- right to day- court decided had to be debated in parliameent
98
Elective dictatorship
Lord hailsham 19766
Stated the ability of a british gov to dominate parliament meant it was essentally an elective dictatiorship
99
How elective dictatorship is the case
Gov exerts control over parliamentary business- limits opportunity for opp to debate gov legislation
Public bill comm- gov majority and whipped- unlikely for opp to be able to significantly ammend
Gov with large parliamentary majority should be able to rely on supprt of its mps to pass legisative porgramme it wishes
Gov change the law w secondary legislation- hoc less power of scruityny
Pm patronage powers and gov use of whis as ministerial selection- encouraged loyalty
Royal prerogatve- pm dont have to legally consult parliament on use british military forces- eg may 2018
Sailsbury convention- hol not attempt to stop govlegislation in manifesto- obstruct public voice
100
Increase control on gov by parliament in hoc
Wright coomm 2009- increased powers to backbenchers
2010- backbench business comm established- determine what they want to debate for 35 days of each parliament
Mps raise important topic for debate- regardless if gov for or not
Chairs select comm- elected and paid- not whipped
Public accounts comm- scrutinise effectveness of gov spending
Convention hoc consulted on mlitary opporations
2003- iraq- expectatoin arose
20013- syrai bombing defeated- 30 con and 9ld vote agianst
20018 may- royal prerogative- raf airstrike syria chemical weapons installations
101
Money union
Maastricht treaty 1992- euroepan integration to aspire both economic and monetary union
1999- euro ntroduced as trading currency
2002- foundiing eu members replaced to euro
102
Has eu achieved its objectives y econ
2022 eu gdp 15.8trn euros, third largest econ in world after china and us
16.2% value global economy
Euro worlds second reserve currency after us dollar
103
Has eu achieved objectives politcial unity y
2018 eu expanded to have 28 memberswith turkey, macedonia, albania, serbia and montenegra have applied to join
Expansion of eu has encouraged democracy in former comm states in eastern europe
European charter of fundemental freedoms entrenched core civil liberties n europe
Provided lead on issues such as combatting climate change- reposnible for most environmentally friiendly legislation in world
104
Impact of leaving eu on parliamentary soveignty
Miiller case 20017- responsibiliity of parliament to inituate brexit proecess by triger article 6550 lison treaty rather than exec, because brexit entailed repeal of 1972 european comm act which enabled a no rights in uk law
Eu withdrawal bill 2018- translate eu laws in uk law so parliament can scrutinise to decide which can be retained ammended or repealed
Clarified treaties - india first one- fast track citizenship
105
Hra how soveirgnty nmoved between branches
Encorperate echr into british law
Falls short of being a codified constitution - parts can be suspended - eg aarticle 665 suspended after 9/11 allowing gov to hold foregn terrorist supsects indefnitely without trail
Act of parliament can stilll become law f in defiance of terms of hra- contradction highlighted by delcaration of ncompatibility
Eg prisoner voting 2011 defeated 234-22
217 compormise for tiny no prisoners
106
Etv westminster parliamentayr soverignty been undermined
Loa y
Devolution most
Exec depends
Sc les so
107
Sc case againt use of parliament act
Jackson v attorney general- parliament act used unlawfully in hunting act 2004
Found not the case
108
Mpact of leaving eu on parliament soveignty
Sc devolution pm
109
Twe eu achieve aims
Econ political untity
Social unity
110
Impact of levaing eu on pariamnatry soveignty dveoution y
Eng and wales vote leave
Ni protocol= 2024 dup returned stormont with new deal safegauridng union- decreased checks and paperwork in goods gb to ni- change winsor framework- debated before officially beome law
111
Devolution gov and sc
2018 majority sc fofund ni abortion restrictions incompatible with human rights- technical reasons no declaration of incompatiblity
At time devolved gov supsended, so judgement increased presusre on uk gov to decriminalise abortion in ni occured i 2019
112
Landmark judicial reviw cases
Unison v lord chancellor 2017- ruled employment tribunal fees unlwfl as prevented fair access to justice- policy ahd caused a 70% drop in no of tribunal cliams, esp lower income workers
Appellant v sec state for work and pesnions 2019- bedroom tax to partners of serverly disabled people with a spare room breached right to a home under hra as space needed medical equipment
113
Rwanda safe country bill
Memorandumof understanding
Rwanda safe thrid country undeer uk immigration rules
114
Etv that devolution should be extended to eng
Fairness and equality
Particpation
Rep
115
Evel fairness and equality
extensive powers increased to other natino states not eng exclusively- wales and scot act
-eng most populous nation and yet only part iwthout own gov
-barnett formula meat spending per capita in eng less
116
Evel no fairness and equality
devolution gone far enough
-would undermine autority and soveignty of westminster
-could lead to a disintegration of uk- balkans
117
Evel participation
popular and seen in other nations
-as decreasing participation this could revive as feel issues mroe relevant to them
-scot consistent above 60%
-turnout for refs shows support
118
Evel no participation
Lead to extremism
Edl esp if pr adopted
119
Evel rep
strong regional identity in parts eng- yorkshire, cornwall
-cornwall since 2015 given some devolved powers on investemnt and buses
-elected mayor proven great sucess an dnow accepted by all main parties
120
Evel no rep
not all parts of eng proven in favour- eg ne ref 2004 78% against
-democratic and taxees overload, more layers of bureaucracy
-turn out elected mayors low
-metro mayors supersede need
121
Imr and cmr still important
If dont agree cabnet and adapts
Responsibility work dpt
Individuals
122
Mr important- dont agree
D davis brexit
Jenrick rwanda
Ensures considtsnecy
Adpoted flexniility for 1975 2011 2016 ref
123
Mr important agree policies
Adaptation meant weakend
Incresing leaks means trheat of mr not working- gavin williamson accused under may among others
124
Mr repsonsblity work dpt
Thorugh ministrial q nrqgent q and sc
Held accountability
Amber rudd windrush scandal
125
Mr respobsilbity work dpt
Shift blame to otehrs -
Pressure from media
On pm to- ministers resign boris johnson partygate and pincher
126
Mr important- individ
Uphold hieghets standard
Gavin williamson bullying
Con lib colaituion treasury minsiter david laws revalations about claimig housing expenses whilst sharing house male partner
Defence sec liam fox- joined at meetinsg by friend adam werritty not employed mod and not nat secuirty clearance- meet sri lankan presidnet 2011
127
Mr not important individ
Pm ultimaytiegl decides as was the case with priti patel in 2020 who despite breaiking minsirial code for bulling not removed
128
Mr not important individ
Pm ultimaytiegl decides as was the case with priti patel in 2020 who despite breaiking minsirial code for bulling not removed
