essay plan stats and points Flashcards

1
Q

What did Nat le Roux call referendums?

A

‘generating irresolvable paradoxes of legitimacy’. E.g. Brexiteers now fighting Remainers who want a second referendum like Blair who said a second Brexit referendum would be ‘perfectly rational’

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2
Q

What shows the failings of representative democracy?

A

Snoopers Charter’ supported by 6% of people yet became law in 2016, enabling unprecedented access to private metadata – people should have say on big issues, like rejecting AV

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3
Q

Reforms within the HoL…?

A

and House of Lords Act 1999 ended right of all but 92 of the hereditary peers to it in the Lords. Now, members reflect a wide variety of fields; nearly 90 lawyers in the House of Commons, but only one research scientist.
HoL: people from a wider variety of careers: Lord Walton a former president of the British Medical Association, and of course there is Lord Sugar in business

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4
Q

What is the 2005 Constitutional reform act

A

o 2005 CRA created a Supreme Court (finally established 2009) as highest court of appeal, ending law lords who had sat in House of Lords, now emphasising separation of power. It also assured this by removing judicial functions of the Lords Chancellor (who had previously been member of Cabinet, Speaker of HoL, with responsibility to appoint judges). Now, JAC appoints to the SC.

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5
Q

Devolution

A

o Devolved bodies created for Scotland, Wales and NI following referendums 1997-8. Designed to dampen support for independence. Given a variety of powers e.g. Scotland devolved powers over education or housing

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6
Q

What was the in 2012 Calman Commission?

A

granted further powers including right to set a Scottish income tax rate/borrowing powers.
Now, control over taxation representing 36% of devolved expenditure, compares with less than 10% when it was established.

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7
Q

Devolution in Wales?

A

o Welsh Assembly created 1998 in Cardiff, granted 20 specified devolved powers not including police and justice or income tax and borrowing like Scotland. Then coalition: after 2011 referendum, able to pass laws in all 20 devolved areas.

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8
Q

Devolution in NI

A

o Northern Ireland Assembly in Belfast created 1998 following Good Friday Agreement, bringing peace between nationalists and republicans. Power sharing executive, but with less power; NI Assembly suspended by the UK Govt. in London following a breakdown of trust between the unionist and republican groups, once for 5 years 2002-7. Able to legislate on housing, education, agriculture etc. Plus, reserved matters that can be legislated on with consent of NI secretary, a member of UK cabinet, including on financial services.

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9
Q

Has devolution improved democracy?

A
  • o In 2014 survey: 57% of Scots felt having Scottish Parliament was strengthening Scotland’s voice in the UK
  • Recent acts like the Land Reform Act in 2016 helped give further powers for Scottish Natural Heritage to control deer management.
  • Devolution, clearly, was a necessity to stimulate local growth in cities. After Ken Livingstone was elected as Mayor of London in 2000, the Local Government Act paved the way for votes to set up mayors in other local authorities, and new city regions like Liverpool and the West Midlands have mayors with greater control over economic growth strategy, and policy with regards to housing, skills and transports, reflecting the different needs of the areas
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10
Q

What reform was done up in the HoC?

A

o Coalition implemented reforms recommended by a committee; now, Chairs of select committees to be chosen by MPs not party leaders, and backbench business committee create to choose topics for debate e.g. first one about Hillsborough 96 killed 1989

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11
Q

Cons to devolution

A
  • Beurocracy of Devolution
  • Indyref2 - unsuccessful in changing scotlands attitude towarda national identity
  • Ireegularity - Scotland has more control than wales (police and justice) festering resentment plus West Lothian question hasn’t been resolved
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12
Q

Issues with EVEL

A

in 1999, English Tory MPs were aggrieved that Labour could – until its defeat at the 2010 election – rely on scores of Scottish and Welsh MPs to push through unpopular England-only measures at Westminster. In a vote to set up foundation trusts in the English NHS, Blair’s majority was cut to 35 because many English Labour MPs rebelled or failed to vote; Blair needed 67 Scottish and Welsh MPs to push the trusts through. Failed solution: EVEL attempted to solve but report ‘Finding the good in EVEL’ in 2016 said it was ‘unhelpfully complex and opaque’ and only puts off the issue by giving England ‘capacity to apply a veto’

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13
Q

What is the beaurocracy of devolution?

A

only 33% of Scottish people feeling that the Scottish parliament has had an impact on their life
- A report in 2004 found that devolution had led to nearly 1,000 more officials involved in the central administration than before devolution, costing an extra £20 million, devolution cost, overall, £650 million per year to maintain.p

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14
Q

Influence of Murdoch?

A

o Murdoch media empire, owning The Sun and Times. One estimate suggested he controls 1/3 of British news market. journalist Sasha Abramsky, Murdoch “has—and uses—the power to make British politicians, and to break them unless they toe his line.” E/g/ Murdoch papers gave Margaret Thatcher “glowing press” throughout her rule and Murdoch received a knighthood—one of the few non-British citizens to do so

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15
Q
  • Increased engagement with pressure groups
A

o A report by BSA found that ‘62% say it’s everyone’s duty to vote; down from 76% in 1987’; people are less engaged with traditional methods of political interaction. There are now more members of the RSPB than there are paid members of political parties. Plus, they raise awareness to otherwise ignored issues: extinction rebellion/Hyde park ‘smoke out’

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16
Q

E-Democracy

A

o petition to revoke Article 50 exceeded 5m signatures, Trump era of twitter, number of people receiving news online has risen from 20% in 2007 to 64% in 2017

17
Q

Why Cause groups are more important than sectional groups?

A
  • Particular goal enables all types of people to rally around (whilst sectional groups are exclusionary) - e.g. law societies unable to command same support as extinction rebellion
18
Q

Why sectional groups are the most important?

A

o Trade unions have significant influence because of their established nature (Trade Union Congress represents 6.5m workers) BMA an example of well-respected group with influence and expertise (whilst cause groups don’t have ‘expertise’) enabling consultation with govt. (2015 ban on smoking in cars with children)

19
Q

Example of insider groups influencing gov’t

A

NFU has responded to government’s ‘health and harmony’ consultation regarding how agriculture should proceed as we leave the Common Agricultural Policy)

20
Q

What is the belmarsh case?

A

a UK human rights case heard before the House of Lords. It held that the indefinite detention of foreign prisoners in Belmarsh without trial under section 23 of the Anti-terrorism, Crime and Security Act 2001 was incompatible with the European Convention on Human Rights. It was not brought until the pressure group Liberty brought the case forward in behalf of the detainees

21
Q

How does presure groups increase illegal activity?

A

o Plane Stupid’s campaign to prevent a 3rd runway at Heathrow involved 13 campaigners shackling themselves together on the north runway in July 2015. District Judge Deborah Wright said the cost of the disruption had been “absolutely astronomical”. Alternatively, Extinction Rebellion protests cost police £7 million, said Scotland Yard chief Cressida Dick

22
Q

How do pressure group promite interests of groups

A

o Trade Union Congress represents 6.5m workers, or NFU has responded to government’s ‘health and harmony’ consultation regarding how agriculture should proceed as we leave the Common Agricultural Policy

23
Q

How do resources allow for easier lobbying to exert influence

A

o In 2014 trade unions donated around £11m to Labour, accounting for about 58% of total donations received that year, thus enabling them to exert significant pressure

24
Q

How public support can enable PG with few resources to have mass influence

A
  • Snowdrop campaign to ban use of handguns successful largely because of public reaction to the 199 Dunblane Primary School Massacre, whilst controversial ‘civil disobedience’ in Plane Stupid’s campaign to prevent a 3rd runway at Heathrow in which 13 campaigners shackled themselves together on the north runway in July 2015, failed – now looks like it will occur. Anti-Poll Tax Federation success another example
25
Q

How are gov’t attitudes the main factor in PG sucess, regardless of resources?

A

o Insider contacts can be key: NFU links to Defra instrumental in bringing about the 2013 badger cull. The government willing to listen to groups with specialist knowledge/common ground, unlike ‘Occupy London’ 2011

26
Q

How do think tanks have greater influence?

A

. Shift of Conservative Party thinking towards more free-market approach in 1970s owed a lot of Thatcher’s patronage of Centre for Policy Studies/Adam Smith Institute, or Centre for Social Justice set up by Ian Duncan Smith in 2004, then when he became Work and Pensions Secretary he could implement their ideas re: disadvantaged communities, e.g. ‘Universal Credit’. Create actionable ideas on specific policy issues with great expertise

27
Q

Revolving door example?

A

Michael Portillo (ex defense minister) who was given a post on BAE’s board after arms deal w Qatar

28
Q

Example of lobbying?

A

. In 2016, recycling targets in the UK were cut after successful lobbying from the plastics industry, a freedom of information request by Greenpeace (PG) has revealed, with the British Plastics Federation playing a key role – showing lobbyists with money, access points and connections greater influence than PGs.

29
Q

Barclays revolving door

A

e.g. Hector Sants, head of Financial Services Authority in charge of regulating banks joined Barclays).

30
Q

Lobbyists being chosen over pressure groups

A

Also, 2017 report showed a single investment bank had more meetings with officials from the UK’s Department for Exiting the European Union, than Britain’s two biggest trade unions put together, representing millions of workers between them – corporate interests wielding mass power. Jean Blaylock: ‘big business Brexit’

31
Q
  • Judicial Review prevents ‘ultra vires’
A

o Govt can be considered ‘ultra vires’ for example, in the case of Home Secretary v. AP (2010), the government contravened civil liberties by detaining AP (who remained anonymous for security reasons) requiring that he was confined him to a flat for 16 hours a day, in a town 150 miles away from his family in London, under the Prevention of Terrorism Act 2005. The Supreme Court ruled that this amounted to a breach of his human rights, and consequently, the government control order was ‘ultra vires’ and had to be rescinded.

32
Q
  • ECHR used (Abu Qatada 2012)
A

o One of the most infamous illustrations of this protection of civil liberties is when in 2012 the Home Office attempted to deport terror suspect Abu Qatada to Jordan and was barred from doing so. Qatada had avoided deportation since 2001 via the courts. He was eventually deported in 2013 following the decade long legal battle, but only within the framework of his rights; thus, this shows the protections that judges can impart.

33
Q

Civil liberties not protected in national emergency

A
  • Derogation from HRA
  • Article 5 during troubles
  • 2001 after 9/11
  • Now & covid
34
Q
  • Unentrenched constitution very flexible + Parliamentary sovereignty showing civil liberties porrly protested
A
  • codified institution would protect against ‘elective dictatorship’ - Lord hailsham said after what he saw with Labour gov’t
    9/11 Labours range of anti-terror laws introduced incl DNA database, CCTV and ID cards –> more clearly set out rights would have prevented this infringement of civil liberties
    o The Investigatory Powers Act 2016 (nicknamed the Snoopers’ Charter) is an Act passed by in November 2016 which is intrusive in increasing the electronic surveillance powers of the UK Intelligence Community and police. Although a poll suggested that just 6 percent of the public supported it, it was carried out, a sign of government being above the rights of the public
35
Q

Select committes protecting rights?

A
  • Select comittes produced 40,000 recoomendations, with 40% being accepted by gov’t
  • Additionally, their calling in of high-profile figures and intensively questioning them (such as with Rupert Murdoch) also helps prevent abuses of power and increases accountability in this regard.
36
Q

How is the judiciary unable to protect civil liberties?

A
  • the judiciary, who, in 2011, had 11,200 judicial review applications. Only 174 were accepted, a dismal 16 out of every 1,000 cases or 2% success rate.
  • Critics such as John Griffith contended that senior judges, by their education and training, have ‘acquired a homogenous collection of attitudes’ that ‘favour the state to the individual
  • 5.9% of judges are BME - 2015
37
Q

How are individual rights eroded in response to terrorism fears?

A

o After 9/11 and 7/7 bus bombings in 2005, government measures have argued for limiting civil liberties in interest of wider community, e.g. law lords ruled indefinite detention of foreign nationals on suspicion of terrorism discriminatory, so govt passed new laws to introduce control orders to closely monitor suspects e.g. with electronic tagging ‘TPIMs (Terrorism Prevention and Investigation Measures)’. 2013, Liberty failed to prevent introduction of secret courts’ (trial without evidence being disclosed in full) and Snoopers Charter 2016.

38
Q

How are Individual right to privacy not always upheld

A

o Walkers ‘right to roam’ upheld in ‘Countryside and Rights of Way’ Act in 2000, campaigned for by Ramblers Association; Madonna contested right of public to walk across this land, but they were allowed to walk on parts out of sight of their home, so individual right to privacy less protected

39
Q

How are - Individual rights of those with little sympathy (prisoners) largely unprotected

A

o Howard League for Penal Reform little success as rights of convicted criminals do not constitute a popular cause, e.g. with issue of securing a reduction in the size of the prison population.