Paper 2 Panic

Question 1

Evaluate the view that p.sovereignty and a rule of law has been undermined in recent years (EU)

Answer 1

European law is sovereign to UK law - parliament cannot pass any law which conflicts with an EU law. EU controls Britain’s trading policy + holds jurisdiction on on environmental issues (fishing rights + consumer protection). Current basis for leaving the EU still includes ECJ oversight + British courts still subject to outside judgements.
HOWEVER,
Leaving EU means ‘lost sovereignty’ returns to Westminster. Tax law, social security and education are now excluded from the remit of EU. Pooling sov power into EU is only so national objectives can be achieved such as constraining Iranian nuclear power + assisting EU climate change strategy.

Question 2

Evaluate the view that p.sovereignty and a rule of law has been undermined in recent years (Judiciary)

Answer 2

CRA 2005 results in parliament and executive losing legal sov power. Case of Miller vs Sec.State showed how SC can overturn wishes of UK gov and force a vote on Article 50. Law-making abilities of MPs hindered as a result of judiciary, threats of JR stifle innovative legislation + reform.
HOWEVER,
Parliament created SC + has right to remove obstacle of HR + reclaim legal sov. Miller case example of SC safeguarding, rather than reducing sov.

Question 3

Evaluate the view that p.sovereignty and a rule of law has been undermined in recent years (Referenda)

Answer 3

Ref. takes decision making of elected reps away from them. Important constitutional issues such as Scottish independence and EU membership view of parliament discarded over a policy which undermines rep democracy and dilutes p.sov.
HOWEVER,
Ref organised through parliamentary votes, EU ref guaranteed by overwhelming majority of parliamentarians. Parliament has right to interpret the results of ref how they see fit, explains current debate about single market membership.

Question 4

Evaluate the view that the need for further English devolution is now overdue (Metro Mayors)

Answer 4

More powers to mayors = deeper devolution. Burnham (Gr. Manchester) power over transport -> area benefitting, Mayor of West England does not have same power. Wider Dev = include 59% of citizens not represented by a mayor (rural areas). Greater local decision-making + connectedness - Germany emphasis on local democracy. Subsidiary - best decisions made locally) - Burnham anti lockdown for Manchester.
HOWEVER,
Low turnout for all 7 2021 metro-mayor elections (under 40%) - lack of appetite for local democracy. Bristol vote to get rid of their mayor went through (2023), back to combined authority. More local power sent to areas = less accountability for central gov.

Question 5

Evaluate the view that the need for further English devolution is now overdue (W.Lothian Q)

Answer 5

Blair introduced uni fees (2004) - rejected by Scottish MSPs but the same Labour MSPs voted for tuition fees for English people in Westminster, goes against rule of democracy of MPs being accountable for representation. More tax payer money given to Scots per head than English. SNP blocked 3 English-only Bills (grammar schools, Sunday opening hours, fox hunting)
HOWEVER,
Resentment qualified through EVEL - later revoked by Johnson as wasn’t working. Opinion polls don’t find significant resentment to devolved bodies (lack of concern), SNP usually avoid English issues (lockdown rules)

Question 6

Evaluate the view that the need for further English devolution is now overdue (English Parliament)

Answer 6

Would equalise devolution across regions by giving more powers to England, as a result would resolve asymmetry in current devolution. Allows focus on unique English issues - would consist solely of English mayors.
HOWEVER,
Takes power away from local people - reverse effect as local mayors would be repealed (juxtaposes Conservative pragmatic approach). English MPs already dominate Westminster, voter fatigue would lead to lower turnouts.

Question 7

Evaluate the view that since 2010 constitutional reform has not gone far enough (Parliamentary Reform)

Answer 7

Don’t have legislative gridlock like the US, Lords + Commons reforms necessary, HOL Reform Act (2014) made provision for members resignation from house, removal for non-attendance + automatic expulsion upon serious criminal offense. HOL Act (2015) - House Standing Orders may provide for the expulsion/suspension of member upon resolution of house.
HOWEVER,
AV failed with 68% of the vote aligning with keeping FPTP, Fixed Term Parliament Act 2011 has reversed + prerogative power remains.

Question 8

Evaluate the view that since 2010 constitutional reform has not gone far enough (Devolution)

Answer 8

English Mayors lack powers and are weak - asymmetric dev. Far from the US federal system.
HOWEVER,
Scotland and Wales have been given more powers, English Mayors rolled out across England which will improve local democracy in the UK

Question 9

Evaluate the view that since 2010 constitutional reform has not gone far enough (Rights)

Answer 9

Erosion of rights - need for codification of constitution + entrenchment. Gov since 2010 all sought to get rid of HRA (Dominic Raab). Nationality and Borders Act + Police, Crime and Sentencing Act undermined rights and were passed through a simple majority as lack of entrenchment. Illiberal - allows future gov to erode rights as FPTP involves huge majority.
HOWEVER,
HRA 1998 protected rights along with FOIA 2000 and the Equalities Act 2010 and Marriage Act 2014. Uncodified can be better for protection of rights as it is more malleable in certain situations.

Question 10

Evaluate the view that the UK constitution is now in urgent need of reform (P.Reforms)

Answer 10

Lords need to reform cronyism - appointment system which undermines democracy, reform to an elected system gives more people the opportunity to sit in the HOL based on merit over patronage (Peter Cruddas buying his way in with donations to Tories). Commons should reduce power of whips, scheduled debates in hands of speaker not gov, increased powers for backbenchers and opposition and reforming FPTP.
HOWEVER,
AV failed with 68% of the vote aligning with keeping FPTP, Fixed Term Parliament Act 2011 has reversed + prerogative power remains.

Question 11

Evaluate the view that the UK constitution is now in urgent need of reform (Codification)

Answer 11

later

Question 12

Evaluate the view that the UK constitution is now in urgent need of reform (Devolution)

Answer 12

English Mayors lack powers and are weak - asymmetric dev. Far from the US federal system.
HOWEVER,
Scotland and Wales have been given more powers, English Mayors rolled out across England which will improve local democracy in the UK

Question 13

Evaluate the view that since 2015 constitutional reform has not gone far enough (Brexit)

Answer 13

Northern Ireland remains in EU system - single market + subject to EU trade laws and ECJ. Undermined unity of UK, could lead to unified Ireland and independent Scotland.
HOWEVER,
Repatiration of sov - left EU institutions + courts = returning powers to UK. UK can now sign trade agreements with rest of world.

Question 14

Evaluate the view that since 2015 constitutional reform has not gone far enough (Devolution)

Answer 14

English Mayors lack powers and are weak - asymmetric dev. Far from the US federal system.
HOWEVER,
Scotland and Wales have been given more powers, English Mayors rolled out across England which will improve local democracy in the UK

Question 15

Evaluate the view that since 2015 constitutional reform has not gone far enough (P.Reform)

Answer 15

HOL Act (2015) - House Standing Orders may provide for the expulsion/suspension of member upon resolution of house.
HOWEVER,
AV failed with 68% of the vote aligning with keeping FPTP, Fixed Term Parliament Act 2011 has reversed + prerogative power remains.

Question 16

Evaluate the view that since 2015 constitutional reform has not gone far enough (Rights)

Answer 16

Erosion of rights - need for codification of constitution + entrenchment. Gov since 2015 all sought to get rid of HRA (Dominic Raab). Nationality and Borders Act + Police, Crime and Sentencing Act undermined rights and were passed through a simple majority as lack of entrenchment. Illiberal - allows future gov to erode rights as FPTP involves huge majority.
HOWEVER,
HRA 1998 still protects rights along with FOIA 2000 and the Equalities Act 2010 and Marriage Act 2014. Uncodified can be better for protection of rights as it is more malleable in certain situations.

Question 17

Evaluate the view that backbenchers have little influence on parliament (Select Committee)

Answer 17

Each S.Com shadows + scrutinises a gov department. BB have influence on S.Com due to 2010 Wright Reform - secret ballots for members + chairs. Hodge (Chair of Public Accounts Com): “more influence in that role than a gov.min”. 40% of SC rec accepted into gov policy - 5p bags (Environment S.Com)
HOWEVER:
S.Com theatrical - shown at culture S.Com by Rupert Murdoch. The govt still has majority over the S.Com’s and most BB still have strong party affiliations (bias).

Question 18

Evaluate the view that backbenchers have little influence on parliament (Legislation)

Answer 18

Blair lost 4 votes in Commons over a 10yr span, May lost 33 from 2017-19 alone - BB unprecedented influence. 99 Tory BBs revelled against Johnson’s COVID passport idea. Success of CamClegg coalition -> BB grown role in ensuring majorities are reached.
HOWEVER,
Boris Johnson had no commons bill losses. BBs are managed through the selection system of patronage. 2019 saw 21 BB MPs expelled from Tories - dispensible + “elective dictatorship”.

Question 19

Evaluate the view that backbenchers have little influence on parliament (PMQs)

Answer 19

Growth in urgent questions under Bercow (42 previously to 159) -> BBs enabled to scrutinise gov ministers + PM more effectively. David Davis to Johnson: “for god’s sake, resign” - BBs have power to defer. ERG challenged T.May.
HOWEVER,
Most BB questions scripted rather than direct accountability. BB groupings only work when personal + political powers wane (Johnson + May). Despite scrutiny of Johnson, he could still pass all 34 bills in last parliament.

Question 20

Evaluate the view that the opposition is ineffective in the HOC (Legislation)

Answer 20

Gov dominates HOC + timetabling. Opposition can only amend a bill, gov can reject amendments with the inbuilt majority. Police, Crime, Sentencing and Courts Act saw Labour losing an amendment (359 to 225).
HOWEVER,
When slim/no majority gov, opposition can defeat them - May faced 33 defeats because she could not command majority after 2017 - SNP broke ‘gentlemans’ agreement and voted 3 bills down which May wanted to pass (grammar schools was inteference with education).

Question 21

Evaluate the view that the opposition is ineffective in the HOC (Opp Days + PMQ)

Answer 21

Labour has 17/20 opposition days, 2020 Labour used a opp day to put forward FSM campaign - but was rejected. PMQs allow opp leader to ask 6 q’s but PM can avoid them, SNP used opp days to call for Gaza ceasefire - led to resignation of 10 Labour MPs and loss of control in areas.
HOWEVER,
Gov later reversed position of FSM after Labour kept issue in public eye. PMQs saw Starmer embarass both Sunak and Johnson multiple times. Lab opp won u-turn from gov for energy windfall tax despite chancellor labelling it as anti-business.

Question 22

Evaluate the view that the opposition is ineffective in the HOC (S.Committee)

Answer 22

Hodge - effective as chair of committee than she ever was as a Blair gov member. Yvette Cooper - refused shadow cabinet post - chairs Home Affairs S.Com instead. Bi-partisan nature allows opposition to be harder to dismiss.
HOWEVER,
Not able to make substantial changes, Less power than govt, S.Com lacks effectiveness despite bi-partisan. Yvette Cooper ended up on opposition front bench -> reality S.Com lacks power and used as a stepping stone.

Question 23

Evaluate the view that the HOC is in urgent need of reform (Commons Legislative)

Answer 23

Whips are too powerful + gov does timetabling + speaker has little real control. Whips enforced votes on reluctant Tories over Rwanda Bill. Gov in the way due to majority (FPTP). No way to impeach a PM (US), vote of no confidence enough?
HOWEVER,
Wright reforms could make S.Coms more important due to more bills passing through them, commons can implement gov agenda and there is no gridlock like US.

Question 24

Evaluate the view that the HOC is in urgent need of reform (Scrutiny)

Answer 24

S.Com theatrical - shown at culture S.Com by Rupert Murdoch. The govt still has majority over the S.Com’s, 60% of reports are ignored by govt.
HOWEVER,
Each S.Com shadows + scrutinises a gov department. BB have influence on S.Com due to 2010 Wright Reform - secret ballots for members + chairs. Hodge (Chair of Public Accounts Com): “more influence in that role than a gov.min”. 40% of SC rec accepted into gov policy - 5p bags (Environment S.Com)

Question 25

Evaluate the view that the HOC is in urgent need of reform (Representation)

Answer 25

Rep increased but 85 ethnic minority MPs rather than 66 would equally match population. Majority of BME belong to Labour, only 35% of HOC consists of women, whips prevent representation - obedience to party. Pluralism would be made by BMEs as all backgrounds have counter arguments.
HOWEVER,
HOC getting better, some frontbenchers including PM derive from ethnic minority backgrounds. Conservatism idea of electorate importance being caring for voters (paternalism) not looking like the voters themselves

Question 26

To what extent are Feminists united in their views on human nature (Agreement social determination)

Answer 26

Agreement that gender is a social construct reinforced from a young age, argued by S.De-Beauvoir who says that biological differences cannot be argued but behaviours are socially constructed. Liberal Fems, Freidan and Wollenstonecraft both argued that inadequate and unequal education was the reason women took subordinate roles in society - Friedan “feminine mystique”. Radical Feminist Millet argues that art/media backs the social construct up as women are commonly shown as submissive and sexually exploited.

Question 27

To what extent are Feminists united in their views on human nature (Difference Feminism)

Answer 27

Not united as difference feminists argue that biological differences are evident in human nature. Argue women are typically more nurturing and empathetic than men, and say that equality feminists wrongfully encourage the imitation of male behaviour despite it being biologically inaccurate. SDB argues that males have also been tuned by society and women have every right to compete in politics and the workplace to the same degree as men.

Question 28

To what extent are Feminists united in their views on human nature (Post-Modern)

Answer 28

Promote less fluid vision of gender emphasising the diversity and differences in experiences within femininity which can shape human nature. bell hooks argues that the experiences of white middle class women would be very different to black women from other classes, hence shaping differences in nature, therefore arguing that gender is a spectrum of identities whose experiences shape their human nature.

Question 29

Evaluate the view that the PM has become a president in all but name (Erosion of Cabinet)

Answer 29

UK has uncodified constitution which gives PMs the power the ability to make what they want out of the role - exploited under Thatcher who dominated the economic policy of her cabinet. Privatising Bank of England was not made by cabinet (controversial decision).
HOWEVER,
PMs such as Major and May inherited a divided gov which led to reliance on cabinet. Shows how PM is not presidential as they can only govern without cabinet in certain circumstances.

Question 30

Evaluate the view that the PM has become a president in all but name (Personalisation)

Answer 30

Media played a bigger role in personifying PM as they are centre of attention for failures/success of gov. Contributes to distancing them to other members of the party. Blair exploited this with his focus on the media and gaining public support and Brexit was labelled “Johnson’s Deal” by media.
HOWEVER,
Uncodified constitution which means that PM power is dependent on the majority held by their govt. Thatcher and Blair managed to behave like this due to their elective dictatorship and landslides held. Johnson was forced to recall parliament after wrongful prorogation.

Question 31

Evaluate the view that the PM has become a president in all but name (Foreign Affairs)

Answer 31

PM visits abroad have increased since Thatcher developed a close bond with US President Ronald Reagan. These visits highlight the PM as the centre of attention and solidify their presidential image. Brown seen on global stage as he coordinated G20 response to financial crisis (2009).
HOWEVER,
International views don’t matter as internally PM is still limited by parliament and cabinet.

Question 32

Evalute the view that most PMs are ‘victims of events’ (Economic Crisis)

Answer 32

Cost of living crisis has made it difficult for PMs such as Truss and Sunak to effectively govern and change constitution. COVID debt (Sunak) leaves little room for doing what he wants. Globalised economies render govt powerless over economic policy.
HOWEVER,
Cameron used economic crisis to reduce size of state (austerity), Cameron + Thatcher had neo-liberal agenda more accepted because of economic crisis. Truss economic crisis because of policy not events, Budget lost 30bn £

Question 33

Evalute the view that most PMs are ‘victims of events’ (Foreign Policy/War)

Answer 33

9/11 Blair - ambitious domestic agenda but lack of focus on foreign policy. Brexit - May couldn’t deal with inequality due to foreign policy being more of a highlighted public issue, BB revolts comprised her time in office.
HOWEVER,
Johnson ‘partygate’ was forgotten about because of Ukraine war. Blair able to pass laws due to fear on terror, PM can use foreign policy to advantage and take domestic heat off them.

Question 34

Evalute the view that most PMs are ‘victims of events’ (Domestic Disaster)

Answer 34

Johnson couldn’t pursue the redeveloping of the North due to COVID, Grenfell disaster - May out of touch.
HOWEVER,
Brown calm response to terror attacks in Stanstead and Glasgow 2007 gave him political capital.

Question 35

Evaluate the view that leaving the EU has decisively returned sovereignty to the UK Parliament (P.Sov)

Answer 35

UK remains part of the EU, subject to laws and subject to ruling of ECJ. Parliament does not have full sov as EU law>UK Law in N.Ireland. Effective customs border with N.I and rest of UK.
HOWEVER,
Windsor Framework (Sunak) has simplified the moving of goods from N.I and rest of UK vice versa. UK public health standards also applied to N.I.

Question 36

Evaluate the view that leaving the EU has decisively returned sovereignty to the UK Parliament (EU Law)

Answer 36

Laws such as Working Time Regulation (1998), GDPR are both part of the 4000 laws that the UK has kept from the EU to retain continuity.
HOWEVER,
Under Retained EU Bill (Rees-Mogg), most retained EU legislation would be revoked. Sunak rejected bill however, but the UK has left EU treaties and UK not subject to EU courts as a compromise.

Question 37

Evaluate the view that leaving the EU has decisively returned sovereignty to the UK Parliament (Govt Undermining Parliament)

Answer 37

Calling referendum = popular sov>parliamentary sov. May wanted to trigger A.50 without parliament, and Johnson prorogued parliament to stop scrutiny ahead of EU election.
HOWEVER,
SC in 2 Miller cases returned p.sov. Judges back P.Sov saying it is above. prerogative powers in 2017.