Goverment (uk) Flashcards
entrenched and unentrenched define
Entrenched - difficult to amend and change
unentrenched - easy to amend
codified and uncodified define
codified - single written document
uncodified - various sources like statues and conventions
unitary and federal define
unitary - all federal sovereignty in one place (parliament)
federal - power divided between central and regional
parliamentary sovereignty three principles
1 no parliament can bind its successor, and it has the right to amend previous laws
2 legislation passed by parliament can not be struck down by higher body such as court
3 can make law on any subject, in 1960s major social change laws. like homosexuality
Rule of law definition
acts as a check on sovereignty, under the rule of law:
- entitled to fair trial and can not be imprisoned without legal process
- all citizens must obey law and are equal
- public officials are not above the law they can be held account
- judiciary must be independent of political interference
Sources: statue law, define and give example
law passed by parliament
e.g. 1998 Scotland Act, Wales and Northern Ireland devolved bodies.
Sources: common law, define and give example
legal principle laid down by judges in court rulings. Provide precedent for later judgement.
e.g. accused of crime innocent until proven guilty
Sources: conventions, define and give example
customs and practices that do not have legal force but accepted over time
e.g. after 2003 Iraq war, government can not go into military action without parliamentary approval
Sources: authoritative works, define and give example
books which explain working of the political system used as a guide
e.g. Erskine Parliamentary Practice 1844
Sources: Treaties, define and give example
agreement with other EU members or countries.
e.g. Maastricht 1992 treaty European community into European Union
pressure for reform in 1990s give 2
1 demand for modernisation - Tony Blair`s party more sympathetic to reform, open to pressure groups and wanted open democracy
2 experience after conservative rule 1978-97 - refused reform which build pressure for change especially in Scotland, integrity of traditions questioned
change under labour: House of Lord reform
Dominated by hereditary peers (inherited) new labour removed most peers all but 92. Majority became life peers those who are appointed by skill. No political dominance now.
change under labour: electoral reform
various reform to have more proportional representation for elections for Scottish parliament, Welsh and Northern Ireland Assembly.
change under labour: Devolution
devolved bodies for Scotland, Wales and Northern Ireland following 1997-1998 referendums
Designed to decrease desire for Scottish independence and stop unionist and nationalist conflict in NI.
West Lothian question - Scottish MPs were able to vote for English matters but not the other way.
change under labour: Human rights act
Incorporated the European conventions of the human rights act into UK statute law. Fair trial, freedom from slavery and privacy.
Now judges can strike down laws incompatible.
change under labour: Creation of supreme court
2005 constitutional reform act lead to four years later the supreme court as highest appeal. Previously done by senior law lords.
Separation of power - judicial branch
coalition conservative/liberal democrats 2010-15 reform: house of lord
House of lord reform and house of common boundary reform - dropped plans for mainly elected house of lords. Lb stopped reducing number of Mps because it would favour the conservatives.
coalition conservative/liberal democrats 2010-15 reform: electoral reform
Referendum in 2011, conservatives wanted to keep FPTP and Liberal Democrats wanted Alternative vote to be implemented.
68 percent rejected and kept FPTP
coalition conservative/liberal democrats 2010-15 reform: devolution
Wales - referendum 2011 to grant further powers to assembly, 20 policy area. (low turnout only 35 percent, but 63 voted for yes)
Scotland - more power under 2012 Scotland act including borrowing and income tax.
2014 referendum to leave uk but 55 remain.
English vote for English law - 2015 solution to West Lothian question pass with English or Welsh Mps
coalition conservative/liberal democrats 2010-15 reform: fixed term parliament 2011
ended power to choose general election date by fixed 5 year intervals. Earlier if 2/3 of MP`s vote or loose vote of no confidence
coalition conservative/liberal democrats 2010-15 reform: recall of MP act 2015
if MP is sentenced to custodial sentence or is suspended from commons for more than 21 days, a by election is triggered if at least 10 percent sign recall
Devolution in England
Greater London council from 1965 Abolished by Thatcher in 1986 due to high spending.
Blair - elected mayors and greater London assembly.
discussion for English parliament but no support.
Devolution in Scotland, Wales and Northern Ireland
(define) and what are reserved powers?
Transfer of power over certain policy area to new sub-national boy.
Westminster remaining control known as reserved powers, which include foreign policy, constitution, currency.
Scottish parliament and government
set up in 1999 elected via the Additional Member System
Has a strong nationalist movement therefore received more powers.
Allowed to very income tax and other social policy. 2012 act.
POLICY - education, housing, social service
2014 referendum for independence 55 no percent
Welsh assembly and government, when created and what policy area, powers?
Nationalism is politically weaker and more concerned with protecting cultural identity.
1999 created also elected by AMS
Policy control - health, transport, housing, education, culture
Has not gained as many powers as Scottland like income tax, since 2011 referendum has been able to pass laws in 20 areas.
Northern Ireland
Has background of violent division between unionist and nationalists
Devolution has been established following the 1998 good Friday agreement.
Elected using Single transferable vote, representation higher because proportional
Policy - culture, welfare, education, transport
Debates further reform: devolution
Modified UK’s heavily centralise constitution by enabling policies that meet local needs.
On the other hand, despite rejecting 2014 referendum Scotland national party did not want to leave the EU
Debates further reform: electoral reform
The rejection of the alternative vote referendum in 2011 shows theres no public desire for new system.
Debates further reform: Human rights act
1998 Human rights act into UK national law, protects rights without threating sovereignty. Case that government can take it way with a simple vote, conservatives want to replace will bill of rights.
case for reform argue
No reform
- protects rights and desire for autonomy is recognised. System enables strong government
yes
lack of agreement, current is incomplete as out of step with European democracies like unelected upper house and unproportionally representation.
argument to extend devolution or not
extend:
Heavily populated is England without devolved body, greater equality
EVEL Scottish second class weak unity
strong identity in some parts could be base for regional assembly.
Against:
England size and wealth would dominate the federal structure
EVEL resolved west Lothian question but some bills passed with dislike of Scottish
don’t make a logical distinction between UK and England
Consitution agruments, entrenchtment and codification
Entrenched and codified:
- make it impossible to amend therefore less ill considered change
- entrenched bill will provide stronger protection
- greater clarity for rights
Against
- no public demand for change
- uncodified allows for flexibility and adapt to change like 1998
- strong executive can constrain parliament
- unjustified degree of power to the unelected,
Structure and role of House of Common - selection of members
- all chosen through an election in single member constituencies (600) by FPTP
- MPs are from a political party
- 3/4 are backbenchers the rest are front benched and shadow ministers and opposition.
Structure and role of House of lords
- does not have limit on its size in 2016 809 members
- hereditary, life peers and 26 lord spirituals
Functions of parliament: passing legislation
supreme legislative body in UK with authority to pass or amend laws on any subject.
HOC only one with power to consent taxation as it is elected and lords can only propose amend non-money bills
Most legislation is initiated by the government and limit opportunity for backbenchers to propose.
the opposition constantly confronts and challenged the government and reinforced by whips
Government can argue to override to push legislation like the 2005 prevention of terrorism act all stages in 18 days.
Functions of parliament: scrutiny of the executive
Oversight executive action and account it
ministers have duty to explain and defend policy in parliament.
senior in commons.
- question to minister: weekly answer session but has been criticised for being theatrical.
- select committees show individual government in departments
- debates since the back bench committee creation more power to MPs to shape agenda allowing to choose debate topic.
Functions of parliament: providing ministers
Ministers must sit in one of the houses, parliament acts as recruiting. Pm power of patronage
whips how they work in parliament?
whips responsible that MP`s
attend parliamentary vote.
important is underlines 3 times, called a three lined whip.
award loyalty to party and can impose sanction of who dont respect can even suspend.
representing the electorate only the commons
representative as is the elected house, the lords only has wide range of professionals and is not dominated by one party like commons is.
But really unrepresentative of the population over 70 and white male
Commons are not delegates of constituency they use judgement to vote strong link via FPTP
stand up for local interest.
How effective is it in the representation?
- concern that an MP is loyal to party is reinforced by their desire to win promotion but could come into conflict with constituency
- ministerial code regulates
- not truly representative only 29 were female in 2015 compared to 51 of UK population
- a lot of the same occupation represented 2015 22 business only 1 agriculture
Comparative powers: exclusive of the commons
consent to taxation and public expenditure. Represent the taxpayer, lords can debate but not interfere with money bills.
Comparative powers: exclusive power of the commons 2
confidence and supply during a minority government. Not a formal coalition but agreement with another party to be kept in office.
e.g. 2017 Conservative and DUP to prevent vote of no confidence.
Main powers of house of Lords
limited?
second chamber and has been limited by law and conventions. Lacks democratic legitimacy.
parliament acts of 1911 and 49 when they interfered with the peoples budget in 1909. No right to delay money bills power to veto replaced by two year lasting delay.
Main powers of house of Lords
limited 2?
By the 1945 Salisbury convention that said the lords will not oppose a bill gave effect in the manifesto of a winning party at election.
distinctive powers of the Lords
- acts mainly as revising chamber, promising amendments to government legislation
- delay non financial up to a year
- only way they retain a veto is if the government tried to prolong parliament beyond legal term of 5 years then Lords can hold election.
why is the Lords becoming more important?
removal of hereditary peers in 1999 they were now dominated by life peers, this increased legitimacy.
also traditional conservative dominance was ended, now no party control. crossbench peers hold account as neutral figures are more likely to oppose bill.
e.g. Lord own opposed coalition health and social care bill in 2012. Only passed after accepting all amendments.
how do the commons maintain supremacy?
when clashes occur the government usually makes use of majority in commons to overturn lord amendments.
A bill can go back and forth known as “parliamentary ping pong” like 2005 prevention of terrorism bill when lords wanted to include a sunset clause (expire after a year of no renew)
Parliamentary act to force bill example
- equalising the age of consent for gay and heterosexual couples 2000
In practice Lords after opposing bill
Lords usually drop opposing after making its point, recognising that it lacks democratic legitimacy to push it further Some cases show willingness to stand of issue.
Stages of a bill before law (legislative process) difference between bill/act
a legislative bill - proposal for new law or change to existing, introduced in common or lords.
an act of parliament - bill completed all stages and becomes law
Types of bills define and name (legislative process)
Government or public bill - debated and brought by minsters to change public policy.
Private bill - less common sponsored by an organisation or local authority to change law that specifically affects it.
private members bill - affects the whole population introduced by a backbencher or an MP, less common to become law drawn from a ballot.
Hybrid bills - both characteristics, affect general public but certain area in particular.
How bill becomes law stages
Bill from common - 1 and 2 reading, committee stage, report 3rd reading, then lords the same and royal assent.
In depth (origin of bills)
may originate as green paper (setting out opinion for legislation) or a white paper (detailed statement for government intention)
all stages of a bill
1 st made available not debates
2 nd principle of bill is debated could vote
committee scrutinised by public bill committee decides if prepared to accept
report - whole house considers amendments reject or accept
3rd amended is debated and voted
lords - goes through the same in the lords and could go back and forth after
royal assent - monarch signs making it law
The role and significance of backbenchers
crucial to the ability of MPs and peers to carry out function and parliamentary privilege. Confines of parliament may say what they like without being subject to outside influence. Immunity for being sued it does not mean they cant be prosecuted for criminal activity.
increasingly important role of commons
in scrutiny and holding to account
- the creation of the backbench business committee in 2010 which allowed to choose debate topic for 35 days out of sessions.
- rise in number of rebellions against government.
- increase use of urgent questions subject to approval of speaker house to allow MP to introduce topic with immediate answer.
Limit on backbench influence
- MPs use various methods to draw attention to issue not mean it will succeed.
_ public bill committees give an opportunity to propose amendment and each clause to be scrutinised. - power of patronage and ties to party loyalty reinforced by whips remain important.
Likely to act independently, cross bench with no party affiliation is growing.
Work of select committees.
Introduced at beginning of Thatcherite government.
To scrutinise policy, administration and spending of each department.
Non-department committees with specific function
public accounts committee examines expenditure seeking to ensure value is obtained
liaison consist of chairs of select committees to question PM
on standards oversees work of commissioner
Each has maximum of 11 backbencher or MP
Why are select committees important?
- work is respected because evidence based, televised in media which increases influence. Public interest.
- scope of work as widened in recent years to scrutiny of legislation
- accumulated knowledge on policy area
- direct influence on policy
Not influential select committee’s?
- cover limited range of topic in depth
- high turnover for membership
- power to summon witness is not unlimited.
role and significance of opposition
purpose and how many days allocated?
- hold government to account
opposition party is allocated 20 days a year for debate.
to carry out business short money is used. It provides help with funding the opposition
PM questions
define and criticism
regularly set events once a week. Obliges PM to engage with opposition and the public on a range of topics. It is also televised.
It has been criticised to due its nature of being unserious and about attacks.
Media attention increases influence of the debates
minister questions
Provide better scrutiny and answer questions about own department. Is less known than the theatrical PM
The structure role and power of executive: Prime minister
PM
the head of the executive and cabinet manages agenda.
Appoints all members of cabinet and junior ministers. Organises the structure can create, abolish.
The structure role and power of executive: cabinet
20-23 senior members including secretary of state
administrative support and help in delivering policy which is provided by the cabinet office.
Many decisions taken in cabinet committees which deal with particular areas of policy
The structure role and power of executive: departments
responsible for area of policy and is headed by a cabinet minister supported by junior ones.
The structure role and power of executive: executive agencies
semi independent bodies which carry out some function of the departments.
Main role of the executive - proposing legislation
New laws or amendments in each parliamentary session. Not confined to manifesto. Will often consult parties like pressure groups before introducing legislation.
Main role of the executive - proposing the budget
Raise revenue to fund public services. created by the chancellor of the exchequer and PM. Annual statement to change in taxation and spending.
Main role of the executive - policy decision
How to give effect to aims for example 2015
welfare universal credit
Power of the executive: royal prerogative powers
Historically belong o crown but have transferred to prime minister.
such as: legal pardons, appoint ministers, sign treaties, declare war.
Power of the executive: initiation of legislation
executive controls. If government has majority in commons it can rely on party whip system and power of patronage to push through. But rebellions may occur.
The “Guillotine” is a procedure that allows a government to debate individual clauses of a bill.
secondary legislation
Law made without passing an act of parliament. Modify or repeal past legislation without new bill.
Individual ministerial responsibility
defintion
Idea that ministers are responsible for running department and policy standard for personal conduct.
To be held accountable for policy, decision and action of department and are expected to resign.
collective ministerial responsibility
convention that Ministers must support all decisions of the government in public, responsible to parliament and the people.
To maintain unity of government against opposition. If they don`t agree need to resign
Exceptions to collective responsibility
Conservative and liberal democrat coalition in 2010, It was agreed that LD minsters were not bound by collective responsibility as areas were in conflict.
Allowed to abstain from votes such as new nuclear power stations
Example of registration
2014 Baroness Wari the minister of state at foreign office and minister for faith and communications had resigned over disagreement with government policy regarding the Israel and Gaza conflict.
Factors of Prime minister selection
ability and experience, authority.
power to appoint, dismiss and reshuffle is with the prime minister.
1 general ability as administrative is more important that detailed knowledge over certain area.
2 stamp own government to establish authority. Not all participate in radical change for example Major did not remove most of Thatcher.
Factors
loyalty and key allies, balance between factions of party, diversity.
3 personally loyal but as well as potential rivals.
4 find posts for ideological difference like May in 2016 pro and anti Brexit.
Diversity - norm to appoint female ministers and other ethnic minorities.
Relationship between Cabinet and PM
Cabinet is formally responsible for policy making, some have argued there has been a rise of presidential movement though.
Factors affecting
skill, agenda, use of committee.
management - to reshape team, remove poor performance and assert leadership
Ability to set agenda - vote in cabinet with senior figures taking the most
use of cabinet committees and informal groups - since 1945 increased use, later ratified by the cabinet. exercise a degree of control. E.g. the Quad under coalition to take decisions.
Factors affecting
development of the office and wider political and economic situations.
development - different approach by each one, hands off with more autonomy or with cabinet.
situation - dominance of cabinet affected by external pressure.
balance of power: Cabinet remains important
- approves government decisions so confers legitimacy in eyes of public
- need for support and in time of crisis
- programme of government is discussed and disagreements are resolved
- not presidential system
balance of power: Prime minister important
- commonly taken decisions in cabinet committees or small groups, cabinet as rubber stamp
- Pm controls agendas and length of meeting
- disputes usually resolved outside cabinet
- media focuses heavily of the Pm, like leadership debate
Power of prime minister
appointment of cabinet
leadership of party in the house of commons
national leadership and representation
direction of policy with responsibility for economic and overall structure of the government
management of the cabinet.
Limit or enhance power of cabinet
extend to which party and cabinet are unites
personality and style leadership of PM
popularity and majority
impact of external pressures
CASE STUDY - Tony Blair 1997-2007
remodelling of labour to New labour as a more centrist party, gave a decisive victory. did not suffer defeat in commons until 2005. He was popular with a mandate to make significant change, inherited a recovering economy and left before crisis.
Control over policy
Strong emphasis on centre of UK government to tackle issues. More presidential, less autonomy of cabinet.
meetings became practice under Blair, sofa government
Brown Blair relationship, Handover would reduce his public authority. due to this had to concede significant amount of control in policy.
Important policy achievements, like constitutional reform and modernisation without jeopardising authority of centre government. hereditary, devolution, referendum.
Peace in NI good Friday, negotiator skills to being unionist and nationalist together.
Reform of public services and minimum wage.
but he blamed opposition in area where change was frustrated, national security and foreign policy 2nd term more attention.
supported the war of terror and Iraq war invasion lasted on his reputation.
role and composition of the supreme court
established by the constitutional reform act 2005
to end the fusion of power at the judiciary level.
supreme court role
there are different legal systems for England, Wales, Scotland and Northern Ireland. But the supreme court is UK wide and the final appeal one.
appointment of members in court
12 members but always heard by odd number
senior figure as the president. To be in the court you need to serve two years as a senior judge, qualified lawyer for 15 years.
Judicial neutrality
is the expectation that judges will exercise function without personal bias. Code of conduct.
conflict of interest - refuse to sit if involves family member or known.
public activity - must avoid political activity, neutrality.
How neutral is the supreme court?
Its composition is narrow in terms of representation.
example Radmacher v Granation 2010 only female judge to disagree with the pre-nuptial agreement.
Judicial independence
principle to be free from political interference.
employment - cannot be removed unless break law or retire.
paid by independent budget
appointment - judicial appointments commission and the selection commission for supreme court
Separate from parament.
influence of the court on executive/parliament
judicial review?
1998 Human rights act, it can be declared incompatible if in conflict with UK legislation
Judicial review - power to review action of branch of government
or ultra vires - beyond powers
CASE STUDY court and Brexit
2017 ruling on Brexit, authority needed to withdraw from EU.
Upheld that Eu membership and rights for citizens could only be removed by parliament.
define elective dictatorship
government that dominated parliament due to large majority with few limits.
concentrated power in executive.
e.g. 2004 Blair elected less then 40 percent.
parliament influence over government legislation
rebellions have become more common in recent years. Blair not loose till 2005
some opposition can compel for a free vote. normally the pressure of party discipline and loyalty ensures government passes legislation.
Parliament scrutiny of other government activty
Select committees 2010 decision allowed MPs to elects chairs, enhancing status.
Select committees allow for more in-depth scrutiny of policy.
Parliament ability to remove governments and ministers
Limited in modern time but commons can remove through vote of no confidence, not happened since 1979.
Influence and effectiveness of executive in attempting to exercise dominance over parliament.
government control had reduced
increased number of rebellions in commons, although rarely loose legislation they do withdraw bills.
Accepted restrictions like right to authorise military action.
back bench business committee more control
select committee growth in status
assertiveness of lords led to defeat
government had large degree of control over parliament
power of whips and patronage
with secure majority hard to defeat
right to change laws using secondary legislation
control greater part of legislative schedule limit private member bill
ministers can obstruct committee
lord defeat lead to ping pong
EU impact, when joined and left?
UK joined the European union in 1973 and left in referendum 52 to 48 leave. Government negotiated the terms.
AIMS of the EU
promoting peace - avoid conflict
economic integration and single market - break international barriers to trade, single European act 1986 four freedoms: goods, service, people and capital.
Monetary union -EMU eventual goal, to create bank with single currency, Euro first introduced in 1999 by 2014 19 countries joined.
enlargement - expand borders, new states could be admitted if they had liberal democracies and functioning market.
social policy - to fight inequality advance worker right
political union - balance of institutions that can operate as intergovernmental and supernational. (co operate and transfer to higher body.)
EU institutions
EU commission - propose law, enforce law and budget
Eu council - head of government, key strategy decisions
council of the EU - minister form different states take decisions to adopt legislation.
Parliament - Directly elected, codecide on legislation with council of EU, budget, accept nomination.
Eu court of justice - enforce law, solve dispute.
Lisbon treaty
agreed 2007
Eu council was given permanent president 2,5 year term
high representative of foreign affair and policy
system of double majority voting
chapter of fundamental rights
Role in policy making
EU
Negotiation of treaty - vote on treaty by parliament then ratified by each member.
passing and enforcing regulations - goal that all members work towards, binding to all members and enforceable.
Main stages of EU laws
European council sets broad guideless for proposing law.
commission - proposes new law
council and parliament - decide to adopt
implementation of council and the commission.
CASE STUDY UK Common fisheries policy
from 1983 the EU regulated deep sea fish allowed to be caught. Argued that it was ineffective in conserving fish stock, like fish being thrown back to achieve a quota. Fishing company sued the UK government for restricting water access to UK. 1990 Factortame case. Not allowed as it violated EU law, established primacy of EU over an act of parliament.
EU affects on policy making
Heightened the profile of the PM and included regular attendance to EU council. Cabinet committee has been created on EU affairs to develop UK policy to the EU. Parliament now has a responsibility to examine EU legislation. Government departments are more involved in EU deliberations.
Distinction between legal and political sovereignty.
Legal sovereignty is defined in law. Belongs to person or state with unlimited legal authority. UK parliament, no legal authority higher.
Political is above legal, as the legal sovereignty body has authority from the people in a democracy. When elect parliament delegate authority to representatives. accountable to electorate.
movement of sovereignty between branches
Although parliament theoretically sovereign in practice authority in the executive. Secure majority without whipping and control legislative time table. Parliament act to override opposition. And Supreme court challenges sovereignty but in theory can be abolished by future act as it was created by one.
movement of sovereignty devolution
transfer of power. Formal legal sharing of sovereignty between levels of government.
movement of sovereignty referendum
increased use since 1997 can be seen as threat, but still referendum is not legally binding. Unlikely to ignore popular vote.
movement of sovereignty Human rights act
Increased power of judges by giving them consent to declare legislation incompatible with the act. Not compel parliament to change the law.
movement of sovereignty EU
shared for common purpose with the EU, while the UK gained influence and with the pace of globalisation hard for state to be independent. Eurosceptics believe it can be regained after referendum.
sovereignty remained in UK
ultimate legal authority in UK, power to pass on any subject
right to abolish devolved bodies
recommend law for amendment that do not conform HRA
parliament voluntarily gave authority after 1972 act
sovereignty in UK counter point
Parliament derives legal sovereignty from political of the people
growth of executive, controlled by government
legal sovereignty is a concept, inconceivable that it would abolish against wish of people
