Unit 2 content summary Flashcards
1
Q
Introduction to Devolution
A
- When and Why: Devolution was introduced by the Labour Party in its 1997 manifesto following a landslide victory. Referendums were held in Scotland, Wales, and Northern Ireland (part of the Good Friday Agreement) with majority support.
- Goals: Address nationalist sentiments, provide greater local democracy, and improve public services.
2
Q
Development of Devolution by Region
- Scotland
A
- Legislation: Scotland Act 1998; additional powers via Scotland Acts of 2012 and 2016.
- Powers: Significant control over health, education, and taxation – service devolution (can set income tax rates). Control over its own parliamentary functions. - fiscal devolution
- Holyrood – raises 60% money spent – increased income tax rates – 2% higher than the rest of the UK – changing policy to fit their voters
- Sewel Convention: This convention asserts that the UK Parliament will not legislate on devolved matters without the consent of the relevant devolved parliament. This was codified in the Scotland Act of 2016.
- Key constitutional powers – controls its own composition and electoral systems – can only be abolished by a referendum, permanent part of the UK constitution
- Recent Developments: Supreme Court ruling (2022) stated Holyrood cannot legislate for a second independence referendum without Westminster’s consent.
- Scotland: 11% above average
Scotland: Tuition fees for home students were scrapped, resulting in zero fees. - Devo Max: Short for “maximum devolution,” this term refers to a proposal for giving the Scottish Parliament extensive powers, potentially even rivaling those of a sovereign nation-state, aside from foreign affairs and defense.
3
Q
5
Wales
A
- Initial Powers: Began with limited powers; the 1997 referendum resulted in only a slim majority (50.5%).
- Legislation: 2011 referendum led to the transfer of primary legislative powers, with changes outlined in the 2017 Wales Act.
- Current Powers: Control over health, education, and environment, but lacks law and order powers.
- Wales: 6% above average
Wales Referendum for Primary Legislative Powers (2011): 64% approval rate.
Welsh Parliament Election (2021): Turnout was 46.6%. - Wales: Tuition capped at £9,000 per year, plus a £1,000 grant for living costs.
3
Q
5
Northern Ireland
A
- Devolution introduced via the Good Friday Agreement in 1998 as part of peace efforts.
Power-Sharing: Required collaboration between nationalist and unionist leaders, leading to fragile government stability. - Current Context: Government suspended since February 2022 due to territorial disputes between political parties.
- Northern Ireland: 14% above average
- In Northern Ireland, Sinn Féin emerged as the largest party following the 2022 elections, highlighting dynamic shifts in political power
- Northern Ireland: Tuition fees capped at £4,630 per year.
4
Q
England
A
- Unique Nature: No devolved parliament; has city mayors and regions with varying devolution arrangements (e.g., Greater Manchester).
- Devolution Hurdles: Proposals for regional assemblies largely rejected by public votes (e.g., Northeast referendum, 2004).
- Public Spending per Person (2021):
UK Average: £13,414
England: 2% below average
England: £9,250 per year for home students.
5
Q
Overall Notes on Devolution
A
Barnett Formula: Determines funding allocations for devolved bodies; inequalities in funding have sparked debate about its fairness.
COVID-19 Impact: Devolution made governance differences visible as regions managed pandemic responses independently, leading to heightened tensions.
6
Q
Policy Differences
A
- Education:
England: Up to £9,250 tuition fees.
Scotland: No tuition fees for home students.
Wales: Tuition capped at £9,000 plus grants; Northern Ireland: £4,630 cap.
- Health: England has prescription charges; Scotland and Wales do not. Greater Manchester has more integrated healthcare approaches due to devolved powers.
- West Lothian Question: A political dilemma arising from the asymmetry of devolution, which questions why Members of Parliament (MPs) from Scotland, Wales, and Northern Ireland can vote on matters that affect only England when English MPs have no equivalent power in devolved regions.
7
Q
Has Devolution Been a Success?
A
Arguments for Success: Enhanced democratic representation and tailored local governance.
Counterarguments: Possible erosion of parliamentary sovereignty, variable political engagement, and disparities in citizen services.
8
Q
Potential Further Reforms
A
Further Devolution: Call for more powers in Wales and Northern Ireland; discussions about an English Parliament to address the asymmetry of devolution.
Regional Assemblies: Suggested for better local representation but met with public skepticism.
9
Q
4
Nature of the Constitution
A
- Uncodified: Unlike the U.S., the UK Constitution is not consolidated in a single document, comprising various sources instead.
- Unentrenched: Changes can be made easily through a simple majority in Parliament, unlike entrenched systems requiring supermajorities.
- Unitary System: Traditionally centralized in Parliament, though evolving with devolution has raised questions about its unitary nature.
- Twin Pillars: A.V. Dicey’s theory identifies Parliamentary Sovereignty (Parliament’s supremacy and ability to legislate on any matter) and the Rule of Law (no one is above the law) as foundational principles.
10
Q
5
Historical Development of the Constitution
A
- Magna Carta (1215): Established due process and the foundation for the rule of law.
Bill of Rights (1689): Introduced parliamentary sovereignty and promoted democratic elections. - Act of Settlement (1701): Fixed the royal succession to democratize power further.
Acts of Union (1707): Unified England and Scotland under one Parliament. - Parliament Acts (1911/1949): Limited the House of Lords’ power, enhancing the House of Commons’ influence.
- European Communities Act (1972): Integrated EU law into UK law, diminishing parliamentary sovereignty.
- UK Withdrawal Agreement (2020): Ended EU jurisdiction over UK law, reaffirming parliamentary authority.
10
Q
5
Key Sources of the Constitution
A
- Treaties: International agreements like the European Convention on Human Rights define obligations and can influence domestic law.
- Statute Law: Acts of Parliament form the most significant constitutional source. Changes can be enacted quickly and reflect current public sentiment.
- Authoritative Texts: Key texts, though not legally binding, outline constitutional principles and guide political behavior, for example A.V. Dicey’s work on parliamentary sovereignty.
- Common Law: Legal precedents set by court decisions can shape constitutional understanding, such as the presumption of innocence.
- Conventions: Established practices not enshrined in law, like the requirement for Royal Assent, are typically followed but not legally enforceable. They provide flexibility but may lead to disputes if challenged.
10
Q
Recent Development/Key Constitutional Issues
A
- The decreasing parliamentary sovereignty in favor of devolved authorities and EU oversight (prior to Brexit).
- Issues surrounding the 2020 suspension of Parliament by Boris Johnson, which was ruled unlawful by the Supreme Court, thereby reinforcing the accountability of the Government to Parliament.
- The impact of the Human Rights Act allowing judicial review of parliamentary legislation, raising the specter of legislative sovereignty versus judicial authority.
- These developments have sparked discussions on whether the UK is shifting towards a federal system, given the permanence of devolved governments in Scotland, Wales, and Northern Ireland.
11
Q
Individual Ministerial Responsibility (IMR)
Key Concepts
A
- IMR focuses on the accountability of individual ministers for their department’s performance and their personal conduct. Two core tenets are:
- Responsibility for Departments: Ministers must answer for their departments’ policies and actions.
- Personal Conduct: Ministers are expected to maintain high ethical standards. Failure to do so can lead to resignation.
12
Q
IMR Key Statistics and Figures
A
- Nolan Principles (1994): Established key expectations for ministers: leadership, honesty, accountability, openness, selflessness, integrity, and objectivity.
- The Ministerial Code: Codifies IMR and lays out expectations, though it is not legally binding.
13
Q
Examples of IMR
A
- Estelle Morris (2002): Resigned as Secretary of State for Education when her department failed critical literacy targets.
- Amber Rudd (2018): Resigned after misleading Parliament regarding deportation targets.
- Nadine Zahawi (2023): Resigned for failing to disclose tax inquiries when appointed Chancellor.
Does IMR Still Apply?
- IMR’s importance has waned, particularly under Boris Johnson’s leadership, with the 2022 revisions to the Ministerial Code permitting public apologies over resignations. Critics argue that this erosion signifies weakening conventions.
14
Q
Collective Ministerial Responsibility (CMR)
Key Concepts
A
- CMR mandates that all members of the Cabinet must publicly support government decisions. It aims to promote cabinet unity and reinforces the idea that the government speaks with one voice. The Prime Minister enforces CMR, holding power to dismiss ministers who publicly dissent.
- Examples of CMR
Robin Cook (2003): Resigned as leader of the House over the Iraq War, showcasing adherence to CMR by refusing to endorse a policy he disagreed with.
Lord Wolfson (2022): Resigned over the government’s disregard for laws during the PartyGate scandal.
14
Q
CMR Limits and Exceptions
A
- CMR can be suspended, such as during:
Free Votes: Ministers can vote against party lines on sensitive issues.
Coalition Governments: Ministers may abstain on divisive issues to maintain party cohesion, as seen in the 2010 coalition government.
Referendums: Separate campaigning permissions may be granted to avoid government disunity.
- Does CMR Still Apply?
Despite some deviations, CMR generally holds significance, particularly under strong Prime Ministers. Its flexibility, as evidenced by exceptions in coalitions and free votes, may reinforce its relevance rather than suggesting its decline.
15
Q
Creation, Role, and Composition of the Supreme Court
A
- Creation: Established by the Constitutional Reform Act of 2005; operational from October 2009, transitioning from being part of the House of Lords. It aimed to enhance judicial independence and create a clear separation of powers.
- Role: Final court of appeal for UK-wide cases, especially for significant constitutional matters and for determining if the government acted ultra vires (beyond its powers).
- Composition: Comprises 12 justices. Composition is criticized for lack of diversity—predominantly male, white, and Oxbridge-educated. Justices must hold qualifications of at least 15 years in law.
16
Q
Judicial Neutrality
A
- Definition: Judges’ decisions should be free from personal biases or political influences.
- Safeguards: Anonymity of judges, ban on campaigning, and requirement for decisions to be justified legally.
- Criticism: Limited representation among justices can impact neutrality; significant cases (e.g., Brexit) raise concerns about perceived bias.
17
Q
Judicial Independence
A
- Definition: Judges need to be free from government influence.
- Safeguards: Judges have security of tenure until the age of 70, salaries protected from government manipulation, appointed through an independent selection process, and physically separated from Parliament. Recent cases, especially around Brexit, challenge this independence due to increased media scrutiny and criticism.
17
Q
Interpretation of the Human Rights Act
A
- Role: The Supreme Court interprets legislation for compatibility with the Human Rights Act (HRA). While it can declare incompatibilities, it lacks the power to compel Parliament to change legislation.
- Arguments: The court has significant persuasive powers, prompting Parliament to amend laws in response to declarations of incompatibility.
18
Q
Judicial Review of the Government ‘Ultra Vires’
A
- Definition: Judicial review allows the court to nullify government actions that exceed legal authority.
- Examples of Judicial Review:
2019 Prorogation Case: The Supreme Court ruled Boris Johnson’s suspension of Parliament unlawful, underscoring the court’s role in preserving parliamentary sovereignty.
Article 50 Case: Clarified that government can’t trigger the Brexit procedure without parliamentary approval.
Scottish Independence Case: Determined that the Scottish Parliament lacked the power for a unilateral referendum.
18
Q
Key Terms, Figures, and Dates
A
- Key Terms: “Ultra Vires”, Judicial Independence, Judicial Neutrality, Constitutional Reform Act, Declarations of Incompatibility.
- Key Figures: Tony Blair (Labour PM during the Act’s passing), Lord Robert Reed (current President of the Supreme Court).
- Key Dates:
2005: Constitutional Reform Act passed.
2009: Supreme Court commenced operations.
2019: Significant cases related to prorogation and Brexit decisions.
By understanding these critical elements, students can prepare effectively for their A-level Politics assessments on the Supreme Court and its function in UK governance.
19
Has the Supreme Court Become Increasingly Politicized?
- Arguments For: The court’s role in high-profile political cases (like Brexit) appears to draw it into politics, raising concerns over its neutrality.
- Arguments Against: Judicial processes have become more transparent since reforms; the court continues to function within its role upholding law over politics, ensuring government accountability.
20
Introduction to Sovereignty
- Definition: Sovereignty refers to the ultimate authority in the political system through which power is exercised. It is deemed indivisible and is recognized as the source of all other powers.
- Types of Sovereignty:
Legal Sovereignty: Acts as the formal authority granted by law and traditionally rests with the UK Parliament.
Political Sovereignty: Reflects the authority vested in the people, from whom legal authority emanates through elections.
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Parliamentary Sovereignty
Key Characteristics:
- Parliament is the supreme legal authority, able to create or end laws.
- No Parliament can bind its successors, and legislation is not entrenched.
- Established by legal theorist A.V. Dicey in 1885, emphasizing the importance of Parliament in the UK Constitution.
- Limitations: In theory, Parliament is sovereign, but in practice, this sovereignty can be challenged.
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How Sovereignty Has Moved
- Impact of the EU: Prior to Brexit, the EU’s legal system limited UK Parliament’s sovereignty, as EU law took precedence over national legislation due to the European Communities Act of 1972.
Example: The Factortame case demonstrated the supremacy of EU law when UK laws conflicted.
- Devolution: Since 1997, devolved bodies in Scotland, Wales, and Northern Ireland have been granted authority over certain legislative areas, leading to a shift in legal sovereignty.
- Referendums: Increasing use of referendums has led to a notion that Parliament should consult the people for major constitutional changes, enhancing popular sovereignty.
- Judicial Effects: The Human Rights Act (1998) has allowed courts to assess legislation against human rights standards, influencing parliamentary sovereignty indirectly.
22
Where Sovereignty Now Lies in the UK
Current Dynamics:
- Parliament: Remains legally sovereign, but its powers can be challenged by devolved administrations and the judiciary.
- Executive Power: Often described as an “elective dictatorship,” the executive can control Parliament’s agenda, persuading some to argue that true sovereignty lies with the government.
- Devolved Authorities: The Scottish, Welsh, and Northern Irish Parliaments possess significant powers, yet their sovereignty is limited by the overarching authority of the UK Parliament.
- Public Referendums: Recent trends indicate scenarios where the public may exercise legal sovereignty over constitutional changes.
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Introduction to the EU
- The EU originated as a coal and steel pact between six countries in 1950 to promote peace. The 1957 Treaty of Rome established the European Economic Community (EEC), a trading bloc.
- The UK joined the EEC in 1972, opted out of the monetary union.
- The EEC became the single market with Four Freedoms in 1986.
- The 1992 Maastricht Treaty aimed for political and monetary union (with the Euro).
- The 2007 Lisbon Treaty furthered political union with a permanent president and a foreign policy minister.
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Policy Areas Controlled by the EU
- Exclusive competence: trade, customs, tariffs, and competition policy.
- Shared control: immigration, agriculture, fishing, environmental policy, regional development, social and employment policy, and parts of foreign security policy.
- Member state control: taxation, national defense, education, health, and social security.
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Key Aims of the EU
Achieving Peace:
- Fosters cooperation and economic interdependence, making war less likely.
The Four Freedoms:
- Free movement of goods, services, people, and capital. Schengen agreement (1995): UK and Ireland opted out.
- Border restrictions introduced by some member states due to the 2015 migration crisis and COVID-19 pandemic.
- Rising Euroscepticism due to free movement, especially from poorer Eastern European nations to richer Western European nations.
Political and Economic Union:
- Economic and monetary union aimed to facilitate trade and travel.
- The Euro was introduced in 1999.
- By 2014, 19 states were in the Eurozone (Britain and Denmark opted out).
- Tensions arose after the 2008 financial crash and during COVID-19.
Political Union:
- Includes institutions like the European Commission, Parliament, Court of Justice, and Council. Some institutions are supranational.
- The European Council is the key decision-making body (intergovernmental).
- Veto power is steadily reduced, leading to a decrease in national sovereignty.
- Moves towards a common foreign and security policy.
- Increasing Euroscepticism hinders further political union.
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Brexit Overview
The Referendum
- Growing Euroscepticism in the early 2010s, with support for UKIP.
- David Cameron promised a Brexit referendum in 2015.
The Conservative party won the election.
The referendum was held on June 23, 2016.
52% voted to leave.
- Cameron resigned.
26
Brexit overview post referendum
- Theresa May formed a new government and triggered Article 50 in December 2016.
- May called an election in June 2017, losing the majority. May struggled to negotiate a Brexit deal.
- Boris Johnson replaced May in the summer of 2019. Johnson's deal was passed in late December 2019.
- Britain left the EU on December 31, 2020.
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Increased Parliamentary Sovereignty
- No higher court: No higher court can strike down laws passed by the UK Parliament.
- Parliament can legislate: Parliament can now legislate on issues the EU used to control (e.g., trade, agriculture).
- Retained EU law: The government intends to remove the special status of retained EU law.
Court Cases:
- Article 50 case: Confirmed Parliament's consent was needed to leave the EU.
- 2019 Prorogation case: Reaffirmed the sovereignty of Parliament.
- 2018 Legal Continuity Scotland Bill case: Control over legislation related to devolved matters should be retained by the UK Parliament.
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Limited Parliamentary Sovereignty
- Northern Ireland: Remains aligned with EU law in some areas (e.g., the Northern Ireland Protocol).
- Executive control: Much control has been gained by the executive rather than Parliament.
- Lost pooled sovereignty: The UK lost its greater global influence through pooled sovereignty.
- UK breakup: Brexit has arguably increased the chances of Scotland or Northern Ireland becoming independent.
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Key PM and Cabinet takeaways
- The Prime Minister's selection of ministers is influenced by competence, authority, loyalty, ideological balance, and diversity.
- The Prime Minister's power over the Cabinet is affected by their management skills, the Cabinet's role in decision-making, and the political context.
- Key debates include the extent of presidentialization and the Prime Minister's ability to dominate the Cabinet.
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# 2
Presidentialization of the Prime Minister
Arguments for Presidentialization: The Prime Minister:
- Behaves like a head of state in foreign policy and emergencies. Example: Tony Blair and the Iraq War.
- Uses the media to develop personal popularity.
- Relies on non-elected advisors.
Distances themselves from the rest of government and their party. Example: Boris Johnson in the 2019 election.
Counterarguments: The Prime Minister:
- Is accountable to the legislature and party.
- Still relies on the Cabinet.
- Is limited by events and a divided party.
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# 5
Selecting the Cabinet
- Individual Competence and Experience: Ministers with relevant experience and specialist knowledge are often chosen. Example: Jeremy Hunt as Chancellor.
- Establishing Authority: Prime Ministers may remove ministers and replace them with allies to assert their authority. Example: Liz Truss removing Johnson's cabinet members.
- Loyalty and Political Reliability: Loyalty is crucial to ensure ministers support government policy. Example: Boris Johnson removing Julian Smith for lack of loyalty.
- Ideological Balance: Prime Ministers often balance the Cabinet ideologically to maintain party unity. Example: Theresa May appointing both Brexiteers and Remainers.
- Direct Representation and Diversity: Ensuring the Cabinet represents the population in terms of gender and ethnicity is important. Example: Blair appointing Britain's first female Home Secretary.
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# 3
Factors Affecting the Relationship between the Prime Minister and the Cabinet
- Prime Minister's Management: An effective Prime Minister uses patronage to shape their team, marginalizing challenges. Example: Thatcher's removal in 1990 due to poor cabinet management.
Agenda Setting: The Prime Minister chairs cabinet meetings and sets the agenda. Example: Theresa May preventing a vote on a no-deal Brexit.
- Cabinet's Role in Decision-Making: The Cabinet's role has been increasingly marginalized:
Cabinet Committees and Informal Groups: Prime Ministers use smaller forums to make decisions. Example: Blair and Brown's negotiations. Special Advisors: Special advisors have significant power. Example: Dominic Cummings. Growth of Downing Street: Downing Street has increased support, allowing the Prime Minister to have more control.
- Political and Party Context: Key factors include:
Government's Majority: A large majority strengthens the Prime Minister's power. Example: Blair's control.
Prime Minister's Popularity and Electoral Prospects: Popularity influences control. Example: Thatcher's rise and fall.
Party Unity: Unified parties are easier to manage. Example: Theresa May's divided party.
Wider Political and Economic Situation: Crises and economic conditions influence the Prime Minister's power.
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Can the Prime Minister Dominate the Cabinet?
Arguments for Dominance: The Prime Minister:
- Has decreased the Cabinet's role in decision-making.
- Uses the media to develop personal popularity.
- Uses patronage.
Arguments against Dominance: The Cabinet:
- Can cause the Prime Minister's downfall.
- Collective ministerial responsibility is often limited.
- The Prime Minister still relies on the Cabinet.
The Cabinet is important in a crisis.
- The Prime Minister must recognize powerful ministers.
33
Case Studies of Prime Ministers
- Margaret Thatcher: Key policies and achievements included weakening trade unions, privatization, and economic changes. Failures included unpopular policies and sidelining the cabinet. Strengths included conviction and a dominant personality. Weaknesses included sidelining the cabinet.
- Tony Blair: Achievements included the Good Friday Agreement and constitutional reforms. Failures included the Iraq War. Strengths included party unity and media projection. Weaknesses included marginalizing the Cabinet and the influence of Gordon Brown.
- David Cameron: Achievements included social policies and bringing the UK out of recession. Failures included the EU referendum and austerity. Strengths included uniting the coalition. Weaknesses included internal divisions and the constraints of the coalition.
34
Labour and the Constitution takeaways
- New Labour Reforms: Focused on democratization, decentralization, restoration of rights, and modernization. Key reforms included House of Lords reform, the Human Rights Act, and electoral reform.
- Coalition Reforms: Included the Fixed-term Parliaments Act, reforms to the line of succession, and local referendums. Electoral reform (AV referendum) was rejected.
- Post-2015 Reforms: Significant changes include further devolution to Scotland, Brexit, English Votes for English Laws (EVEL), and the Recall of MPs Act.
- Codification Debate: Centers on whether the UK Constitution should be written down in a single document and made more difficult to amend.
35
New Labour Constitutional Reforms
- Reasons for Reform: Growing support for the Liberal Democrats, national movements in Scotland and Wales, and a desire to appear modern and democratic.
- Principles: Democratization, decentralization, restoration of rights, and modernization.
36
House of Lords Reform
Reforms Introduced: The House of Lords Act 1999 removed most hereditary peers, reducing their numbers significantly. Life peers were introduced.
- Arguments for: Undermined the hereditary basis, made the Lords more professional and able to constrain executive power.
- Arguments against: Stage two of the reform (elected second chamber) was not implemented, and the House of Lords remains undemocratic.
Further Reform Debate: Debate continues over replacing the House of Lords with an elected chamber.
- Arguments for: Democratic legitimacy, more effective scrutiny, and better representation.
- Arguments against: Risk of gridlock, loss of expertise, and focus on party politics.
Keir Starmer's Proposal: Abolish the House of Lords and replace it with a new, democratically elected second chamber.
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Human Rights Act
Reforms Introduced: The Human Rights Act 1998 incorporated the European Convention on Human Rights into UK law, allowing rights to be defended in UK courts.
- Arguments for: UK developed a rights-based culture, all legislation must be compliant with the act, and judges can declare acts incompatible.
- Arguments against: Gives unelected judges too much power, is not entrenched, and can be repealed by Parliament. The government can proceed with legislation even if it is incompatible with the HRA.
Further Reforms: A British Bill of Rights has been proposed by the Conservative Party.
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Devolution
Reforms Introduced: Devolution to Scotland, Wales, Northern Ireland, and the Greater London Authority.
- Arguments for: Improved democracy, reduced parliamentary sovereignty, and helped restore peace in Northern Ireland.
- Arguments against: Initial limited powers in Wales, increased tensions, and asymmetric devolution.
Further Reforms: Further powers for Scotland, Welsh independence, and potential for English devolution.
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Electoral Reform
Reforms Introduced: Introduction of proportional representation systems in devolved assemblies (Scotland, Wales, London, Northern Ireland).
- Arguments for: More proportional electoral results and better representation of smaller parties.
- Arguments against: First Past the Post (FPTP) was retained for UK parliamentary elections.
Further Reforms: Arguments for a more proportional system for UK Parliament elections. Arguments against include the rejection of the AV referendum and the benefits of FPTP.
- Likelihood of Further Reform: Very unlikely due to support for FPTP by both Conservative and Labour parties.
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Supreme Court
Reforms Introduced: Creation of the Supreme Court in 2009, separating the judiciary from Parliament and reducing the Lord Chancellor's powers.
- Arguments for: Brought the UK in line with Europe, increased judicial independence, and improved the rule of law.
- Arguments against: The Supreme Court cannot strike down laws, and parliamentary sovereignty remains intact.
Further Reforms: The Supreme Court has become increasingly politicized, but further reforms are unlikely.
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Other Minor Constitutional Changes
- Freedom of Information Act: Improved transparency and allowed access to government information.
- House of Commons Reforms: Minor changes to make the House of Commons more family-friendly.
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Constitutional Reforms Since 2010 and overview of Coalition Reforms
- Coalition Government: The Conservative party traditionally opposed constitutional reform, while the Liberal Democrats supported it.
- Reforms Passed: Fixed-term Parliaments Act, more powers to backbenchers, EU Act (referendum on transferring powers), changes to the line of succession, local referendums, and devolution referendums.
- Reforms Blocked/Abandoned: Alternative Vote (AV) referendum, House of Lords reform, reducing the number of MPs, and commissions on reform of the HRA and the West Lothian question.
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Fixed-term Parliaments Act
- Impact: Removed the Prime Minister's prerogative to call snap elections.
- Effectiveness: Largely ineffective, as governments could still force elections.
- Repeal: Repealed by Boris Johnson's government in 2022.
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Further Devolution to Wales
- 2011 Referendum: Wales gained primary legislative control over devolved areas.
- Silk Commission: Led to the 2014 Wales Act, giving Wales more control over taxes and other areas.
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Legislative Key Takeaways
- The parliamentary legislative process consists of multiple stages, from consultation to royal approval.
- Bills are divided into public and private bills, as well as government bills and private parliamentarian bills.
- The House of Lords mainly improves the bill through technical amendments and has certain powers of deferral.
- The House of Commons has exclusive powers, such as calling a vote of no confidence and passing fiscal legislation.
There is debate in the House of Commons on legislative, scrutiny, and non-legislative powers.
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# 5
Reforms Undertaken Since 2015
Further Devolution to Scotland
- Scotland Act 2016: Gave the Scottish Parliament further powers, particularly in tax rating (fiscal devolution).
- Impact: Reduced UK Parliament's sovereignty and increased the strength of the West Lothian question.
Brexit
- Impact: The most significant constitutional change in decades, leading to the UK leaving the EU and gaining substantial sovereignty.
English Votes for English Laws (EVEL)
- Impact: Allowed English MPs to veto legislation affecting only England.
- Criticism: Created two tiers of MPs and was scrapped by Boris Johnson's government.
Recall of MPs Act 2015
- Impact: Provided a legal means for voters to remove scandalous MPs.
- Effect: Triggered by-elections if MPs are sentenced to a custodial sentence or suspended for more than 21 days.
Section 35
- Impact: The UK government can block a bill from a devolved body if it believes it will have an adverse impact on the UK.
- Significance: First time used in 2023 to block Scotland's gender reform
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Codification and Entrenchment of the Constitution
- Uncodified and Untrenched: The UK Constitution is not written in a single document and can be changed with a simple Act of Parliament.
- Coalition Government's Role: The coalition government's actions can be used as evidence for and against codification.
- Arguments for Codification
Better checks on the executive, public engagement in politics, and bringing Britain into line with other democracies.
Protection of rights, particularly with a British Bill of Rights.
The role of judges as neutral interpreters of the Constitution.
Recent events such as Brexit, which highlighted the need for a clearer constitution.
- Arguments Against Codification
Flexibility of the uncodified constitution, its ability to deal with emergencies, and its ability to produce strong governments.
Conventions are an effective part of the UK's uncodified Constitution.
Codification would increase the power of judges.
The Human Rights Act effectively protects rights.
Codification would be a complex process.
Recent events show the dispersion of power in Britain.
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# 6
Legislative Process - Types of Bills
- Public Bills: Bills that affect the entire public, including government bills and private member bills.
- Private Bills: Bills that only affect specific organizations or individuals.
- Government Bills: Bills proposed by the government aimed at fulfilling the government’s agenda.
- Private Members' Bills: Bills introduced by backbenchers, with three methods of introduction:
- Ballot: The most likely method of success.
- 10-Minute Rule Bills: Members can advocate for a new bill within ten minutes. Presentation: Members only introduce the bill, which rarely succeeds.
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# 3
Steps for a Bill to Become Law
- Consultation Stage: Includes green papers and white papers.
House of Commons Stages:
- First Reading: The bill is formally introduced. - - Second Reading: Debate on the principles of the bill.
- Committee Stage: Detailed examination and amendment.
- Report Stage: Members propose amendments and vote.
- Third Reading:
- Comprehensive review and vote for approval or rejection.
House of Lords Stages:
The process is similar to that of the House of Commons. If the House of Lords proposes amendments, the House of Commons can reject them, which may lead to Parliamentary ping pong.
Royal Assent: The bill is finally approved.
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The role of the Houses of Parliament in legislation
- House of Lords: The main role is to provide technical amendments and improve bills.In certain cases, to raise objections to bills. Generally accepts amendments from the House of Commons, recognizing their democratic legitimacy.
- House of Commons: Has the final decision-making power and can use parliamentary procedures to force through bills.
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Limitations on the powers of the House of Lords and Commons
- Salisbury Convention: The House of Lords should not obstruct bills that fulfil government election pledges.
- Parliament Acts: The Parliament Acts of 1911 and 1949 limited the powers of the House of Lords, preventing it from vetoing finance bills, and reducing its delaying power on other bills to one year.
- Secondary Legislation: Authorises ministers to make further changes or regulations after a law comes into force. Carried out through statutory instruments, with limited parliamentary scrutiny.
- Reduction in the scrutiny of legislation in the House of Commons - Time for MPs to debate legislation in the House of Commons has decreased. The number of oral evidence sessions in the committee stage has decreased Pre-legislative scrutiny has decreased.
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The exclusive powers of the House of Commons
- Initiate votes of no confidence to remove the government.
- Maintain minority governments through confidence and supply agreements.
- Enforce legislation, such as invoking the 1949 Parliament Act.
- Pass financial and declaration legislation.
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Main powers of the House of Lords
- Force general elections after five years.
- Review and revise legislation, especially when the government legislates hastily.
- Delay non-financial legislation
Increasing influence of the House of Lords
- Become more representative.
-Act as a guardian of civil liberties.
- Be more independent from the executive, effectively conducting scrutiny.
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# 4
Power Debate between the House of Commons and the House of Lords - Legislative Power:
- The House of Commons is stronger, as it can force through bills using parliamentary bills and is constrained by the Salisbury Convention and parliamentary bills.
- The House of Lords can sometimes play an important role, but generally yields to the House of Commons.
- Scrutiny: The House of Lords is stronger in scrutiny as it has expertise and more time and energy for line-by-line examination. The House of Commons provides non-legislative scrutiny through select committees, ministerial questioning, and debates.
- Non-legislative Powers: The House of Commons has the power to initiate votes of no confidence and to sustain a minority government. The House of Lords has the power to compel a general election after five years.
