possible 9 markers Flashcards
Constitution
3 ways the constitution upholds citizens rights
Intro : Protection of rights - obligation of States to protect individuals and groups against human rights abuses
- protection of rights has traditionally been views as weak compared to other EU countries .
- has traditionally relied on common law but have been many developments since 1997
1-Human rights act passed in 1998. encorperates ECHR into uk staute law .Only 1.3% of cases in 2012 violated human rights
2-Freedom of information Act 2000. gave inidviduals the right to access information held by public bodies . led to the release of the 2009 Mp’s expenses scandal
3-The equality act 2010. brought together around 116 individual rights acts into a single act to promote a fairer society. Birmingham City Council £1.1bn in equal pay claims since a landmark case 2012.
Constitution
3 ways in which any constitutional changes since 1997 have affected Britain
Intro: constitutional reform was a manifesto policy of tony blair after he won in 1997 he set out making many changes. Continued through till today. constitutional reform-means by which changes are made to the way that the UK is governed.
1-Human Rights Act 1998. Encorperated ECHR into uk statute law . reduced numberof cases going european court of human rights
2-1998 devolution acts. Created devolved assemblies such as Holyrood,stormont and snned cymru. helped settle the troubles in ireland, 2014 scottish indyref reflects the succes od devolution in scottlsand
3-House of lords act 1999. Removed all but 92 hereditary peers.step towards an elected chamber and means the house can be filled with experts
constitution
three sources of the constitution
intro: uk constitution is uncodified meaning it is not contained on a single document and has a number of different sources
1-Statute law. acts of parliment that have passed through both houses and recived royal assent 1998 Human rights act. encorperated ECHR into staute law
2-Common law. legal precedents passed down over years from senior judges. eg common criminality of murder or Death penalty abolition in 1965
3-Works of authority. views and definitions of experts regarded as the final word on particular issues .eg 2010 cabinet manuel
Parliment
Explain and analyse three theories of representation
HINT: B D M
intro: idea that mps have the ability to represent their constituants,party and their own beliefs. are elected to represent
1-Burkean/Trust theory. Own views alongside the views of their constituents. This theory has been weakened by whips and party loyalty
2-Delegate Theory. Simply ‘mouthpieces’ for their constituents. E.g 2015 Zac Goldsmith promised to resign in goc backed building a third runway at hethrow and did
3-Mandate Theory. Represent the party. Easier to do as parties because voters more aware of party names then actual representatives growth in party machine. 2019 frank feild labour, despite being elected many times and being in a safe seat, lost seat after leaving labour and standing as an independent.
parliment
Explain and analyse three stages in the legislative process
Intro: legislative process is the process of passing legislation through parliment. can begin in either house except money bills which must begin in the commons
1-Second Reading. Main debate and vote over the bill before it goes to committe . Last time a government bill was stopped here was 1986- very rare
2-Committee stage. Bills are sent to a public bill committee. 63% of MPs in the committees are experts committes are proportional of the distribution of the commons(usually dominated by majority party). may suggest ammendments an write a report.
3-House of lords stage. once a bill has passed through the commons the Same process occurs in the lords. 1st,2nd,committe,report,3rd and then royal assent. Can go back and forth through each house;kown as ‘parliamentary ping-pong’ eg prevention of terrorism act 2005 went back 5 times
parliment
Explain and analyse three ways select committees could be seen as effective methods of executive scrutiny
intro: select commitees hold government ministers and their departments accountable for their policy and decsion making and scrutinise legislation.
1-Covers a wide range of issues. They have tackled many high profile cases such as Brexit, racism and the police. liason committe which meets biannually to hold PM accountable
2-High profile. Could suggest an increase in political influence. From 2008 to 2010 mentions in the media of the Home affairs committee had risen from 295 to 2,033.
3-Elected by secret ballot. No whips to ensure a one sided committee. with many committe chairs from different parties
parliment
Explain and analyse three ways in which the Official Opposition can challenge the government in the House of Commons.
intro the offical opposition are the 2nd largest party in the commons and has the power to directly scrutinise the party in power and keep them in check
1- PMQs. happens each wednesday,opposition leader asks fisrt questions and is the only mp allowed to ask follow up questions, ‘political point scoring’.
2-opposation days. 17 days in the year dedicated to opposition where they can set agenda and present topics they wish to publicise , may be used to challenge gov standpoint eg 2022 labour used an appostion day to disscuss the state of the NHS workforce
3- shadow cabinet. the opposition can present themselves as the ‘government in waiting’ with their own ministers,experts and policies. eg labour transport minister can argue against any policy put forward by the government transport minister
Executive
Explain and analyse three prerogative powers of the prime minister
Intro: perogative powers-powers that once belonged to the monarch and now preside with the PM (primus inter pares)
1-Patronage. ability to appoint key officials . different pm choose to have different styles. Johnson’s yes men or may who had to include btoh leavers and remainers in her cabinet
2-Shaping policy. emergancy laws passed in 2020 coronavirus act. had significantly less debating time and less scrutinisation due to bojo using his perogative powers to shorten the time deicated to the bill in order to pass it quickly.
3-Deployment of armed forces. 2003 iraq war under blair , however was put to a vote in the commons before deploying troops but the pm does not neccessarily have to put to a vote
Executive
Explain and analyse three factors that explain how prime ministers select their cabinet
1-Loyalty. gives power to prime ministers to promote favoured candidates and remove or sack less capable or less loyal individuals.prime ministers must be careful to fill political spectrum of party , such as Leave/Remain under May.
2-Competence. Brown in the blair cabinet, may fill thier cabinet with those they think will be experts
3-potential rebels.suella and rhishi. by placing them in a position of power closer to the pm they may feel they can better control them.
parliment
Explain and analyse three constraints on the power of prime ministers
Intro: the pm has perogative powers , powers that once belonged to the monarch which now reside with the pm eg declare war ,ratify treaties
1-Cabinet restraints. Can’t make legislation without support. ‘Big Beasts’ such as Hunt under rhishi , must make concessions with the chancellor as he controls the funding for policies
2-House of lords. can delay bills for up to 2 years in whichtime it can be riddled with ammendments. The Internal Market Bill 2020 where the government suffered a heavy loss in the lords
3-Backbench rebellions. with rebellions the pm no longer has a full majority so is harder to force through legislation .Brexit. bojos 21 who he expelled from the party after they rebelled .
judiciary
Explain and analyse three features that help maintain judicial independence
intro: judicial independence - principle that those in the judiciary shoukd be free from political control
1-Tenure. Because they aren’t under threat of losing their jobs. Less biassed decisions. (retire at 75) wont feel the need to appease any particular minister.
2-Contempt of court. The contempt of court act 1981 made it an offence to not respect court rulings, and this means there is no pressure from politicians.
3-Separation of powers. In 2005 the constitutional reform act was passed and in 2009 the law lords moved to the supreme court. meaning the judiciary was now completely separate from the legislature and the executive
judiciary
Explain and analyse three ways in which the UK judiciary can exercise influence over government
intro:
1-Declaration of incompatibility. Can use HRA and ECHR to declare things incompatible (however can be ignored eg rwanda)
2-Judicial review/ultra vires. 2016 government acted ultra vires by triggering article 50 (to leave EU) without parliament’s permission.(miller case)
3-Rule of law. Due to separation of powers. the judges are no longer appointed by the pm and are also no longer in the house of lords
judiciary
Explain and analyse three criticisms of the composition of the judiciary
intro: the sumpreme court is made up of 12 senior judges and acts as the final court of appeal for cases
1-Elitism. 75% of justices attended a private school.unrepresentative of the lower classes
2-Gender. Only 17% of the court in 2021 were female. unrepresentative of women who make up over half the nations population
3-Race. in 2021 there were no ethnic judges. unrepresentative of minorities of which there is many in the uk as an extremely diverse country
Devolution
Explain and analyse three benefits of devolution
intro: devolution- delegation and sharing of power with smaller government bodies away from westminster
1-Strengthens unity of the UK. Believed devolution is a key reason for the result of the 2014 independence referendum 55% voting to remain apart of the UK
2-Policy can be made in tune with local views. Income tax and tuition fees in scotland with help from devolved parties eg SNP and Plaid cymru
3-Reduces centralisation of power in westminster. and has encouraged innovation in policy making , certain pilicies can be tested by the devolved bodies before they are extended eg the smoking ban began in scotland in 2006
devolution
Explain and analyse the powers of three devolved states
intro: devolution- delegation and sharing of power with smaller government bodies away from westminster
1-Wales : transport, 20mph speed limits, 1998 Wales act
2-Scotland : education tuition fees, income tax, 1998 Scotland act
3-N.Ireland : Agriculture, justice has its own police force ect. 1998 northern ireland Act
