chapter 8] Flashcards
How can Parliament hold the executive to account?
-If a gov lacks an electoral mandate for a policy, Commons may exercise a veto, unless government can persuade a majority of MPs to support it.
-Both Chambers can amend legislation.
-Parliament can call ministers to account through regular question times & select committees.
-In very extreme circumstances, Parliament can dismiss a government through a vote of no confidence.
-Backbench MPs may express their concern oer proposed legislation through the Whips Office.
-Restrictions are only conventions, so MPs may rebel against elected government & vote against it, and the Lords may ignore the Salisbury Convention
-If there is enough vocal opposition, gov may be pressured into withdrawing proposals, rather than face a defeat.
-Under Johnson, the efficacy of the Liasion Committee was brought into question as he continually cancelled meetings
etc.
-Parliament is more effetive when there is a small majority, the government is divided, the PM has failed to secure a clear mandate, has a poor image, or is seen as a liability.
How can the executive hold Parliament to account?
-When they have a large majority, mass support, a clear mandate, or are united & popular, the executive can easily dominate Parliament.
-When the opposition is fragmented, like the Labour Party under Corbyn, they are strong.
-When they have a strong leader, like Thatcher.
-The executive can use procedural devices to persuade/pressure Parliament. This includes, patronage, the Party Whip, utilising their national platform to influence public opinion.
How have the balance of their powers changed?
Constitutional changes have affected the balance of power between the executive & parliament.
This includes:
-The removal of hereditary peers.
-The creation of the BBCommittee.
-Creation of Select Committees.
-Growing power of the Liasion Committee.
-Fixed Term Parliaments Act.
Briefly describe the Shamima Begum case.
-Begum’s citizenship was removed by Home Sec, Sajid Javid, under section 40(2) of the British Nationality Act (1981)
-Begum issued an appeal in 2019, with her lawyers arguing that his actions made her stateless. They also argued that the refusal of her request for leave to enter violated her right to a fair trial.
-The SIAC ruled that the Home Sec had acted rationally & was within the law.
-The Court of Appeal disagreed, and argued that “fairness and justice must… outweigh national security concerns.”
-The SC then argued that the CoA had made several mistakes in its ruling. The HRA did not apply to Begum’s case, and they could therefore only review whether Javid had acted irrationally.
EU: How did the EU develop?
-The European Coal & Steel Community was established in 1952, made up of France, West Germany, Italy, The Netherlands, Luxembourg and Belgium, as a supranational economic union.
-The Treaty fo Rome in 1957 renamed it the EEC.
-In 1973, the UK, Ireland, & Denmark were allowed to join.
-Single European Act, 1985, created a single European Market.
-Treaty of Maastricht, 1992, introduced the euro, and made it the EU.
-Amsterdam Treaty, 1997, established an ‘area of freedom, security, & justice’. In 1999, 11 members took the Euro as their currency.
-Nice Treat, 2001, established the European security & defense policy, though not an EU military.
-Lisbon Treaty, 2009, codified proposals from rejected EU constitutions & brought them into law for all member states. This included article 50.
EU: What were the core aims of the EU, under article 3 of the Maastricht Treaty?
-Promote peace & the EU’s values.
-Establish a single European Market.
-Develop cohesion between member states on economic, social, and territorial issues.
-Create a monetary union as well as an economic union.
-Establish an area of freedom security, and justice w/o international frontiers.
-Fight discrimination & promote equality.
-They developed four freedoms: movement of goods, services, people, and capital.
EU: How far has the EU achieved its aim of promoting peace & the EU’s values?
-P: Has extended citizens’ rights notably through the right to live & work in another EU state.
-P: All members are required to adopt the principles of a liberal democracy, and establish the ECHR.
-P: There has been an unprecedented period of peace between EU member states.
-C: Some member states have adopted measures to go against the EU’s values, like anti-gay legislation.
-C: Some states do not always implement the rulings of the ECJ
-C: There is opposition to increasing the political union, as some feel it leads to a democratic deficit.
EU: How far has the EU achieved its aim of establishing a single European Market?
-P: The single market has 500 million consumers, making it the largest in the world.
-P: The free market has created around 3-4 million extra jobs across the EU.
-P: The single market has allowed GDP across the EU to increase, in spite of the 2008 financial crash. It has helped former communist countries to develop into strong, modern economies.
-C: Economic & Monetary Union has experienced significant difficulties, where less prosperous states ran up signficant debts, requiring wealthier states to bail them out.
-C: Has not been able to resolve major challenges like the migration crisis, which has led to Sweden putting checks on border crossings to limit illegal immigration.
EU: How far has the EU achieved its aim of create a monetary union as well as an economic union?
-P: Market of 500m consumers.
-P: EMU has eliminated transaction costs within the Eurozone.
-P: 11 members had taken the Euro by 1999. Now, 20/27 have to take it, as well as new members having to take it.
-C: EMU has placed financial strain on wealthier countries to help weaker ones.
-C: Not all member states have joined the euro, like Sweden and Denmark.
EU: How far has the EU achieved its aim of developing cohesion between member states on economic, social, and territorial issues?
-P: Has protected the rights of workers & promoted economic development of the poorest regions.
-P: EU Charter of Fundamental Human Rights has standardised right like maternity leave & pay.
-P: Increase political union has delivered co-ordinated action on cross-border issues such as criminal justice & immigration, due to the ECJ.
-C: Increased conflict over the principle of equality, with some more conservative states reacting to the more liberal west.
-C: Citizens rights are not necessarily effectively protected, and there is little that the EU can do to impose rights’ protections on member states.
EU: How far has the EU achieved its aim of establishing an area of freedom security, and justice w/o international frontiers?
-P: Citizens rights have been extended through the right to live & work in another EU state.
-P: Democracy & rule of law have been cemented in European states that had been victim to authoritarian rule.
-C: Joining the Eurozone means a loss of national sovereignty.
-C: Free movement of people has been incredibly controversial.
-C: The EU lacks a military, so cannot interfere with conflicts.
EU: How far has the EU achieved its aim of fighting discrimination & promote equality?
-P: Workers’ rights have been better protected.
-P: EU Charter of Fundamental Rights has standardised some rights.
-P: Democracy & Rule of Law have been standardised.
-C: Some states have promoted discriminatory legislation.
-C: Conflict over the principle of equality.
-C: In the UK, there was unease at UK citizens being extradited to another EU state to face trial, though not the other way around.
EU: What is the European Comission? The Council of Ministers? The European Council?
-The Civil Service of the EU. Staffed by non-elected officials, whose main role is to develop & propose policies that will further the aims of the EU.
-A number of councils, each dealing with one aspect of the EU’s activites (like government departments). They negotiate final legislation & ratify new laws.
-Heads of government of member states, who meet 2x pa. Thye ratify important decisions & occasionally agree new treaties. Along with the Council of Ministers, this is the sovereign body of the EU.
EU: What is the European Parliament? The European Court of Justice?
-MEPs are elected from member states. Most represent political parties. They can veto appointments to the European Commission & can amend/block legislation
-ECJ are staffed by judges drawn from member states. This is the highest court of appeal, dealing with disputes between member states, and interpreting EU law.
EU: What is a competency? What are the different levels of competencies?
-The legal authority to act in a given policy area.
-Exclusive comps. are areas that only the EU can make policies on. This covers customs, external trade, monetary policy.
-Shared comps. are areas in which the EU has priority, but if it makes no legislation then member states can.
-Supporting comps. are areas in which the EU may only coordinate or support the actions & decisions of member states.
-Exclusive member-state competencies are policy areas in which the EU plays no role.
