UK: Democracy and Participation Flashcards
ETVT Devolution has been successful
- Freedom of Elections
- Use of more proportional voting systems such as AMS in Scotland ensures that it is democratic
PIVOT: There is not a universal demand for this, for example 2014 Scotland votes to remain in UK,
- Welsh assembly only formed with 50.3% of vote and has never had a >50% turnout (highest 46% in 2021) - Fair delegation of powers
- Scotland successfully has control of swathes of powers such as healthcare, education, transport and policing/tax
PIVOT: Northern Irish Assembly is in utter shambles tbh
- 2002, Northern Irish Assembly suspended after Sinn Fein withdraws after police raids of HQ (IRA links accused by DUP)
- 2017, Northern Irish Assembly collapses as power sharing between DUP and SF breaks down (again) as SF refuses to cooperate with DUP (Central government takes control) - Policy Labs and Nationalism
- Demand for independence has never been greater in Scotland and Wales
- On the other hand, it can be argued that Scotland’s progressive government has influenced Westminster (though only in certain areas, healthcare and civil rights still remain under threat)
pre-1900 UK Constitutional documents and what they establish
- 1215, Magna Carter, guarantees basic rights including no imprisonment without jury trial
- 1689, Bill of Rights, further basic rights including free elections
- Act of Union 1707, preserves a separate Scottish legal system
post-1900 UK Constitutional documents and what they establish
- Parliament Acts 1911 and 49 prevent HoL from permanently blocking bills or discussing finance
- ECA (European Communities Act) 1972, UK join EU with eventual effect that EU law takes precedent
- Fixed Terms Parliament Act 2011, there must be an election at least every 5 years, however they can be held earlier if PM uses royal prerogative or there is vote of no confidence
5 natures of the UK constitution
- Un-entrenched, can be changed through a simple majority
- Un-codified, flexible and changes over time relying on precedent and statutes rather than written document
- Unitary, all sovereignty is contained in one place (Parliamentary sovereignty + no laws passed future parliaments cannot change)
What is common law and what are the problems with it?
Common law is the precedent set by judges in constitutional disputes, however, it is argued this is undemocratic to treat constitutionally as judges are not elected
What is the Salisbury convention
A constitutional precedent where House of Lords cannot oppose second or third reading of bill which was mentioned in the party’s manifesto (e.g. Johnson’s Brexit policy was untouchable in 2019)
Military conventions in Parliament and examples of when they were used/ignored
While the Queen (PM by proxy) is solely responsible for committing troops to war, constitutional convention states that Parliament is consulted beforehand
Tony Blair consulted Parliament in 2003 before committing troops to Iraq war (though he had electoral dictatorship at the time)
David Cameron chose not to commit troops in Syria after losing vote in Commons in 2013
ON THE OTHER HAND:
Theresa May did NOT consult Parliament before committing to air strikes in Syria in 2017
David Cameron only consulted Parliament about Libya involvement after operations began in 2011
What did the European Community Act 1972 do?
Meant that UK accepted all existing EU community law and gave it precedent (however, this was repealed by EU withdrawal act 2018)
How did Blair reform the House of Lords?
1999 House of Lords reform act removing bulk of hereditary peers leaving only 92. Then founded the House of Lords Appointment Commission
2005 Founding of the UK Supreme Court, replacing the Law Lords (Though would not be created until 2009)
How did Blair reform unitary government?
Devolution of powers, 1997 Scottish parliamentary referendum and 1998 Good Friday Agreement gave both Scotland and Northern Ireland legislative powers
What is the West Lothian Question?
English votes for English laws (EVEL) the argument that England should also have a devolved assembly since Scottish and Welsh MPs were permitted to vote on matters not concerning their constituents. EVEL was introduced as a stage of proceedings which allowed MPs of affected regions to veto it (however, they could not alone pass it)
ETVT reforms since 1997 should be extended
- House of Lords
- Could be democratically legitimate, allowing for more representation
- Properly check the power of the commons
PIVOT: Currently chosen on the basis of their expertise, in an election setting this is lost
- Could lead to gridlock (e.g. US Congress, effectiveness of government significantly impeded when branches are of different parties) - Electoral reform
- FPTP is not proportion, which leads to thousands of wasted votes which is undemocratic
- Governments in power only have 30-40% of the popular vote and can lead to elective dictatorships and small parties are not represented
PIVOT: 2011 referendum showed that different systems are too confusing
- Tyranny of the majority, FPTP makes sure small constituencies represented
- Prevents extremist parties and less likely to get minority/coalition governments (though they may be becoming more common, 2015, 2017) - English devolution
- Devolutions in other countries have been successful, would cater to areas with strong regional identities (W.L Q)
- Makes break-up of the UK less likely and address the over-centralisation of power in Westminster
PIVOT: Fragmented government could lead to large differences in legislation
- Loss of sovereignty for Parliament + EVEL was already introduced
- 77% voted no in the 2004 North England devolution referendum
- May accelerate demands for independence and create disputes over which regions get assemblies
ETVT The UK constitution should be reformed
- Codification
- Would create clear rules with less confusion and formally limit the powers of government
- Increase the powers of independent judges and protect rights
- Strengthen citizenship and bring UK more in line with other modern democracies
PIVOT: Would become outdated (US)
- Give unelected judges too much power over the elected government (plus government is already checked)
- Uncodified allows constitution to grow organically with country - Entrenching
- Government more subject to rule of law, rights placed higher than other laws to make them accountable
- Civil liberties guaranteed and unable to be set aside in any circumstance (Belmont case, government sidesteps rule of law easily)
- ECHRA is already entrenched, so a UK Bill of Rights would not be controversial
PIVOT: Judges may become politicised and lose their independence
- Individual liberties may supersede Community Rights (dangerous)
- Rights are artificial and subjective - Federalism
- UK is already partially devolved, it is only fair that England should also have a devolved body
- Barnett Formula, England receives less funding than devolved powers leading to poverty in North
PIVOT: No demand for devolution in England, 77% vote no in 2004
- Further devolution outside of England will just increase demand for independence and nationalist incentives
- Fragmented government leads to dispute over legislation and confusion over national identity of UK
ETVT an entrenched bill of rights is necessary for the effective protection of rights in the UK
- entrenched constitution
- Entrenched is bad because it cannot grow organically with the changing countries and becomes outdated
PIVOT: Rights are not truly protected if they are subject to political changes, entrenching them is the only way they cannot be swayed by polarisation - ECHRA and Human Rights Act
- Just entrench the ECHRA, it is not legally binding right now which means human rights in prisons are being violated
PIVOT: foreign interference in British constitutional matters goes against the rule of sovereignty, rather it is more conducive that UK Bill of Rights is introduced - Proposed UK Bill of Rights
- Covers most areas of ECHRA and gives back British sovereignty, therefore, the rights of those in UK more likely to be protected by domestic government
PIVOT: Current UK Bill of Rights can easily be repealed by a future government due to the constitutional convention of Parliamentary sovereignty
