Goverment (uk)

Question 1

entrenched and unentrenched define

Answer 1

Entrenched - difficult to amend and change
unentrenched - easy to amend

Question 2

codified and uncodified define

Answer 2

codified - single written document

uncodified - various sources like statues and conventions

Question 3

unitary and federal define

Answer 3

unitary - all federal sovereignty in one place (parliament)

federal - power divided between central and regional

Question 4

parliamentary sovereignty three principles

Answer 4

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

Question 5

Rule of law definition

Answer 5

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

Question 6

Sources: statue law, define and give example

Answer 6

law passed by parliament
e.g. 1998 Scotland Act, Wales and Northern Ireland devolved bodies.

Question 7

Sources: common law, define and give example

Answer 7

legal principle laid down by judges in court rulings. Provide precedent for later judgement.
e.g. accused of crime innocent until proven guilty

Question 8

Sources: conventions, define and give example

Answer 8

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

Question 9

Sources: authoritative works, define and give example

Answer 9

books which explain working of the political system used as a guide
e.g. Erskine Parliamentary Practice 1844

Question 10

Sources: Treaties, define and give example

Answer 10

agreement with other EU members or countries.
e.g. Maastricht 1992 treaty European community into European Union

Question 11

pressure for reform in 1990s give 2

Answer 11

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

Question 12

change under labour: House of Lord reform

Answer 12

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.

Question 13

change under labour: electoral reform

Answer 13

various reform to have more proportional representation for elections for Scottish parliament, Welsh and Northern Ireland Assembly.

Question 14

change under labour: Devolution

Answer 14

devolved bodies for Scotland, Wales and Northern Ireland following 1997-198 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.

Question 15

change under labour: Human rights act

Answer 15

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.

Question 16

change under labour: Creation of supreme court

Answer 16

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

Question 17

coalition conservative/liberal democrats 2010-15 reform: house of lord

Answer 17

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.

Question 18

coalition conservative/liberal democrats 2010-15 reform: electoral reform

Answer 18

Referendum in 2011, conservatives wanted to keep FPTP and Liberal Democrats wanted Alternative vote to be implemented.
68 percent rejected and kept FPTP

Question 19

coalition conservative/liberal democrats 2010-15 reform: devolution

Answer 19

Wales - referendum 2011 to grant further powers to assembly, 20 policy area
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

Question 20

coalition conservative/liberal democrats 2010-15 reform: fixed term parliament 2011

Answer 20

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

Question 21

coalition conservative/liberal democrats 2010-15 reform: recall of MP act 2015

Answer 21

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

Question 22

Devolution in England

Answer 22

Greater London council from 1965, including five main urban areas e.g. West midlands. Abolished by Thatcher in 1986 due to high spending.

Blair - elected mayors and greater London assembly.
discussion for English parliament but no support.

Question 23

Devolution in Scotland, Wales and Northern Ireland
(define) and what are reserved powers?

Answer 23

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.

Question 24

Scottish parliament and government

Answer 24

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.
POLCY - education, housing, social service

204 referendum for independence 55 no percent

Question 25

Welsh assembly and government

Answer 25

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, sine 2011 referendum has been able to pass laws in 20 areas.

Question 26

Northern Ireland

Answer 26

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

Question 27

Debates further reform: devolution

Answer 27

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

Question 28

Debates further reform: electoral reform

Answer 28

The rejection of the alternative vote referendum in 2011 shows theres no public desire for new system.

Question 29

Debates further reform: Human rights act

Answer 29

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.

Question 30

case for reform argue

Answer 30

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.

Question 31

argument to extend devolution or not

Answer 31

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

Question 32

Consitution agruments

Answer 32

Entrenched and codified:
- would educate public about issues and greater respect encouraged
- 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, unaccountable judges a codified would challenge parliamentary sovereignty

Question 33

Structure and role of House of Common - selection of members

Answer 33

• 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.

Question 34

Structure and role of House of lords

Answer 34

• does not have limit on its size in 2016 809 members
• hereditary, life peers and 26 lord spirituals

Question 35

Functions of parliament: passing legislation

Answer 35

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.

Question 36

Functions of parliament: scrutiny of the executive

Answer 36

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.

Question 37

Functions of parliament: providing ministers

Answer 37

Ministers must sit in one of the houses, parliament acts as recruiting. Pm power of patronage

Question 38

whips

Answer 38

whips responsible that they attend parliamentary vote.
important is underlines 3 times, called a three lined whip.
w
award loyalty to party and can impose sanction of who dont respect can even suspend.

Question 39

representing the electorate only the commons

Answer 39

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.

Question 40

How effective is it in the representation?

Answer 40

• 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