UK Government Flashcards
(27 cards)
What are green papers vs. white papers vs. secondary legislation?
Green = A government document that sets out ideas
White = Concrete intentions and plans for upcoming bills
Secondary legislation = laws enacted by a delegated person or an authorised body under powers given to them by an Act of Parliament
Should the UK get a codified constitution
+ and – of codified constitutions
+ entrenched so safeguards, individual liberty protected more, executive would be retrained, independent judges to uphold provsions
– rigid and not flexible, constitutional reforms have done enough, constitution doesn’t necessarily means rights are protected [lynching still occured despite Bill of Rights], judges are unelected
What is a codified constitution
What does it typically contain
A body of fundamental principles written on a single document
They contain a …
• separation of powers
• checks and balances
• entrenched bill of rights
What are the three sources of our constitution
- Statutes — acts of Parliament
- Common law + Royal Prerogative powers
- Conventions, authoritative texts, and laws/customs of Parliament
— So it is flexible, unentrenched, non-judiciable, unitary, evolutionary
— historical documents = Magna Carta 1215
Constitutional reform
- House of Lord’s reform 1999 = left 92 hereditary peers
- Human Rights Act 1998 = incorporated the European Convention on Human Rights into UK law
- Devolution 1998
- Freedom of Information Act 2000 = public access to documents held by public authorities
- Constitutional Reform Act 2005 = Supreme Court established and Lord Chancellor split into three roles
- Fixed Term Parliament Act 2011 = elections once every five years
- The Wright Committee’s proposed reforms = more power to backbenchers
Devolution creation
- Scotland Act 1998 = devolution and income tax-varying powers
- Wales Act 1998 = secondary legislative powers to the Assembly
- NI Act 1998 = Assembly has power to legislate in transferred matters.
Devolution reform
The Scotland Act 1998 — primary powers and income tax-varying powers
Scotland Act 2012 = increase in amount of tax varying powers
Scotland = 2016 = transport, energy, set income tax rates and thresholds [more powers than Wales due to independence calls]
The Wales Act 1998 — secondary legislation powers
Wales Act 2014 — minor tax powers and a referendum on income tax-varying powers
The NI Act 1998 — based on the Belfast Agreement, and gave the Assembly powers to legislate in transferred matters.
The Corporation Tax (NI) Act 2015 — devolved power to set corporation tax
Reforms that have enhanced democracy
English Votes for English Laws - overturned;
Recall elections in 2015 = MPs can be recalled to face a by-election
Police and Crime Commissioners elected
Devolution
+ –
Should further reform occur
+ has not led to the breakup of the UK, devolved assemblies are popular, greater demands for power has been met, peace in NI achieved, greater regional identity in England
– different policies, West Lothian question still unsolved, low turnout in devolved assemblies so little interest, Scottish independence increased
Should greater devolution occur? + it would answer the West Lothian question, stronger regional identity, EVEL failed so more action needed, UK lacks an assembly vs. – complicated, more unbalaced, little public support for an English assembly, most people do not have local identites
Devolution reform
Mayors
Greater London Authority Act 1999 created the first mayor of London in 2000 who was supported by the Greater London Assembly
Mayors also in West Midlands, Liverpool, and Manchaster
Functions of Parliament
SCRUTINY
Legislating = The May government was defeated 14 times between April and June in 2018 in the Lords on the EU Withdrawal Bill Vs. Blair did not lose a vote in the Commons from 1997 to 2005.
Debating = MPs have greater control over the parliamentary agenda via the Backbench Business Committee Vs. only weak governments face opposition in debates due to whips — e.g. 2013 = Cameron wanted British military action in Syria and after a debate the motion was defeated 285 to 272.
Possible reforms to Parliament
HOC = change electoral system, less powerful whips, the PM should be held more accountable by reforming PMQs, increase research facilities to MPs, further reform to commmittees so they have more powers when amending legislation
HOL = + elected [so less domiant executive who appoints peers so balanced bicameral system], reduce the size of the Lords, more diverse representation
- challenge the authority of the Commons, eliminate experts in the Lords, current chamber is efficient, as they check the Common’s power
The HOL is more effective than the HOC
Bills
Parties
Scrutiny
- Bills — only delay on controversial bills so opinion repsected = February 2022 Boris Johnsons nationality and borders bill was defeaed in teh HOL 4 times by a majority of 78 votes
PARLIAMENTARY PING PONG
so HOC acted on the HOL’s feedback and the it was passed to become an Act of Parliament - Parties — party discipline is less strong in = lack of strong partisanship and no whip system so freeddom for peers to debate
HOL defeated government 14 times in 2018 over the EU Withdrawal Bill - Scrutiny — debates are less of a political theatre
HOL stepped up srutiny during coalition government and delayed the controversial constituency boundries reform bill in 2012.
The HOL is less effective than the HOC
Bills
Parties
Scrutiny
- Bills — passed bills to weaken the unelcted lords = Parliament Act 1949 so can only delay for one year + Salsibury convention = budget-based bills and manifesto pledges should not be delayed
- Parties — strong govt majorities so are dominant + HOL can be defeated = Lords’ reforms to 2012 Welfare reform Act all defeated by the Commons
- Scrutiny — PMQs + comittees = e.g. Liaison Committee checks the power of the PM + select comittees check on government departments
–> The Privileges Committee investigated whether Boris Johnson misled Parlaiment over Partgate and he gave evidence in March 2023 + backbenchers more powers since Wright Committee
Backbenchers & parliamentary scrutiny (types and + -)
The Wright Refrom 2010 [based on the Wright Committee 2009] strengthened the role of backbenchers
Backbench Business Committee created in 2010 — they can choose topics for debates 35 days a year
Influence = May’s 230 majority defeat + The Privileges Committee investigated whether Boris Johnson misled Parliament over Partgate and he gave evidence in March 2023
Parliamentary scrutiny = questioning, select committees [scrutinise government departmnets but have party majorities], public bill committees [scrutinise bills but still dominated by party whips], the opposition, votes of no confidence
Cabinet goverment faults since 2010
Colaition government ‘The Quad’ = 4 most senior ministers decided on most impprtant decisions such as 2013 budget
Big Beasts in May’s cabinet = Boris Johnson spoke out against her Brexit policy in December 2017 – many saying he was ‘unsackable’
May’s minority governmnet after 2017 snap election = Tories only having 318 of the Commons’ seats.
May’s first day in office she created the Department for Exiting the EU - to advance her own power
April 2019, she held a 7 hour cabinet meeting – after her Brexit deal had been voted against for a 3rd time.
Most rebelious government vs. Blair’s majority [then gradual reduction]
January 2019 when May suffered the worst defeat ever recorded in the history of the Commons:
Her bill was defeated by 432 to 202 votes, a majority of 230 , due to the rebellion of 118 Conservative MPs
vs. When Blair was at the height of his popularity, his large majority of 179 following the 1997 general election, he never lost a vote from 1997 to 2005 vs. 2005 general election = majority reduced from 167 to 66 seats
Neglecting cabinet pre-2010 examples
Mandelson twice has been forced to resign from cabinet, but Blair made him a life peer in the Lords so he could appoint him again
Blair’s ‘sofa cabinet’ with Brown as Chancellor due to their agreement = balanced friend and foe
– could due to large majority
= his large majority of 179 following the 1997 general election
Thatcher’s ‘kitchen cabinet’ = 44 seat majority in 1979, then following the 1983 GE she held a majority of 144 seats
Parliament’s representative function + who do they represent
– only 52 MPs were from ethnic minorities in 2017, and a majority were male [442 out of 650 MPs]
Burkean idea of representation = MPs do what is best for their constituents
The delegate model = MPs are the mouthpeice of thier constituents
Doctrine of the mandate = MPs represent their party
Fall of Thatcher and Blair facts
So cannot neglect cabinet with no popularity nor majority = CAMERON FACT
B
As a combined result of the Blair–Brown pact and the Iraq War he resigned in June 2007
T
Famously called in her cabinet one by one and they turned aginst her
Due to general strikes and the Poll Tax riots
And her party was divided over Europe
Cameron had no personal majority =
2013 = Cameron wanted British military action in Syria and after a debate the motion was defeated 285 to 272.
The Supreme Court advantages
Neutrality = Since 2005 Constitutional Reform Act, the role of Lord Chancellor has been divided into three roles, Law Lords separated to form the Supreme Court in 2009, Judicial Appointment Committee estabilshed to appoint judges, extensive legal training
Independance = fixed salary, appointed until retirement [tenure], decisions should not be subject to criticism by Parliament, Human Rights Act gives them a guide, the court is a separate body from Parliament
M v SoS facts
Miller v Secretary of State for Exiting teh European Union 2016
Who triggers article 50 — the government or parlaiment?
= Parliament — caused May’s trouble as she couldn’t pass a bill
Daily Mail found ‘bias’ =
4 had links to the EU
5 expressed sympathetic views towards the EU
6 had perosnal relationships with those who criticised or supported the EU
Important Supreme Court cases
- R v Horncastle 2009 — hearsay evidence — the ECHR altering its original decision
- HS2 Action Alliance v SoS for transport — Parliament have to reach a decision on HS2 first
- Al Rawi v Security Service 2011 — both sides must see all the evidence
- Nicklinson v Ministry of Justice 2014 — right to die = 7 to 2 decided that it was a moral judgement that should be considered by Parliament
Powers of Lords v Commons
Commons = veto legisaltion, amend legislation, reject legislation including manifesto pledges, dismiss governmnets through a vote of no confidence, represent constiutents as elected, most ministers are from the Commons
Lords = delay legisaltion for a year as per the 1949 Act of Parliament, Lords can amend legisaltion but needs the Common’s approval [PINGPONG], salisbury convention [cannot vote against manifesto pledges or monetry bills, cannot dismiss government, sometimes provides the government with ministers
