UK- Government Flashcards
Codified vs. Uncodified
Uncodified wins
- Flexible / adaptable vs. Lack of clarity
–> 1996 Dunblane Massacre –> 1997 firearms amendment ban handguns
–> Authoritative works e.g Dicey’s book, Conventions e.g. Salisbury, Statue Law e.g. HRA 1998 - Protects Parliamentary Sovereignty Vs. Codified protects Rights
–> Westminster sovereignty protected, not bound by previous gov decision, e.g. 2013 Same-Sex marriage Act pass with little constitutional barriers
–> Codified requires supermajority to overturn, opposed to simple in uncodified
+ Internment in NI - detention without trial
+ 2022 Dominic Rabb attempt to replace HRA 1998 with Bill of Rights Bill - give lower protection to Human Rights - Codified Judges unelected + Unrepresentative Vs. Unpoliticised judges have final say
–> 11/12 went to Oxbridge -> 1% of Gen Pop
+ 2/12 women –> 51% UK Pop
+ unelected cannot be held to account
–> no political pressure to appease MPs / people, rule based on law
+ 2023 UK SC upheld decision calling Govs Rwanda policy unlawful - Gov able to overrule in Uncodified (politically hard)
Further constitutional Reform needed?
- No go
- Devolution Not wanted Vs. Cross-party support
–> 2004 North east England devo ref. No vote 77% w/ 47% turnout (low)
–> Report by constitutional reform select committee showed HoC cross-party support - Don’t Need Bill of Rights Vs. Need Bill of Rights
–> HRA is good, no unity for what to include in bill of rights –> rights taken away
+ 2022 Dominic Rabb proposed bill of Rights bill - weakened protections on human Rights + Rwanda Policy unlawful by UKSC
–> ECHR + HRA vague - chance for more definition + clarity + electorate input on Human Rights - Uncodified better vs. Codified constitution
–> Flexible + Adaptable - 1996 Dunblane Massacre –> 1997 Firearms amendment banning handguns
–> lack of clarity - Authoritative works e.g Dicey’s book, Conventions e.g. Salisbury, Statue Law e.g. HRA 1998
Further Devolution Needed
- No Further Devolution
P1 - Little Demand for English Devolution vs. Asymmetric Devolution + Lack of English parliament
–> Little Demand for English Parliament
+ EVEL 2015-21 scrapped, since veto power never used
+ 2004 North East Devolution Referendum - 78% voted against further Devolution
–> Lack of English parliament + West lothian question
+ 2004 Higher Education Act capped English unis to charge up to £3,000 a year, not passed due to Scottish MP votes - caused demand for EVEL
P2 - Incompatibility threatens the union vs. Increased Representation
–> Absence of Tuition fees in Scotland causes English resentment + SNP largest party in Scotland calling for referendum in 2023 after narrow defeat in 2014 (55%)
–> SNP in 2019 had 82 MP’s in HoC + Controlled Scottish Parl since 2007
+ Pass policies to reflect left win gov, e.g. No prescription charges since 2011
P3 - Increase inequality between regions vs. Local gov tailor policies to decrease inequality
–> Further dev causes further regional inequality
+ Wealthier areas e.g. London will have access to larger resources to increase investment as devolved bodies
+ Poorer regions e.g. Blackpool who relies money from central gov given £40 mill in ‘levelling up’ - unable to cope as devolved body with less central dependence
–> Local gov can tackle inequality more efficiency through tailored policies
+ Greater Manchester Combined Authorities - able to reform Health and Social care Budget making it more cost-effective through address local needs
+ Scottish parliament invested in Scottish Child Payment 2021 to reduce child poverty
Devolution Will lead to UK break-up
wont
P1 - Greater Representation
satisfy national/local needs Vs. cause increased appetite for independence
–> Scotland = SNP, Wales = Labour, England = Tory
+ 2014 Scottish referendum 55% remain votes - desire to stay in UK
–> SNP calling for referendum in 2023
P2 - Policy Divergence
Enhances Local democracy Vs. Incompatibility threatens break-up
–> Welsh curriculum - promoting welsh identity
+ Scotland 2011 no prescription charge - more left win gov
–> Absence of Scottish uni tuition fees - resentment
+ Scotland 62% remain vote brexit
P3 - Asymmetric Devolution
Little demand for English parliament EVEL Vs. West Lothian Question + democratic deficit
–> EVEL 2015-2021 scrapped due to veto never used
–> 2004 higher education Act to limit English uni tuition to £3000 no passed due to Scottish votes
Parliament effective at fulfilling basic functions
Not effective
P1 - legislation
not effective legislative functions Vs. effective legislative output
–> 2019, Tory PM Christopher Chope blocked bill to outlaw female genital mutilitation +ban upskirting - PMB only 1 MP disagree and bill blocked
–> Abortion Act + Abolition of Death penalty introduced as PMB
P2- Not effective descriptive representation Vs. effective party representation
–> 2019, HoC - 10% BME / 14% irl, Women - 34% / 51% irl
+ 2023 women in cabinet - 30% / 51% irl
–> 2023 - 11 parties in HoC
+ 183 Cross benchers in HoL
P3- Not effective scrutiny Vs. can be scrutinising
–> Nov 2022 PMQ’s - Tory MP asked PM to thank grassroots volunters - Pandering + ‘punch and Judy’ score cheep political points
+ Blair calling Major ‘Weak, Weak, Weak’ in 1997
–> Jan 2024 - Keir Starmer questioned Sunak on £400 mill on Rwanda plan
Constitutional reform since 1997 has not gone far enough
- Reform by New Labour and Lid-dem Tory Coalition
Has not gone far enough
P1 - Supreme Court - Lack powers of enforcement Vs. Further power would erode Parl Sovereignty
–> Constitutional Reform Act 2005 established SC, replacing law lords with independent justices
+ Lacks power of enforcement e.f. Miller vs. PM 2019 ruled Johnson prorogue of parliament was unlawful but could not force him to reverse the decision.
–> 2023 Rwanda Asylum plan, SC called unlawful, if had the ability to ban this as a policy would infringe on parliamentary sovereignty of legislative supremacy
P2 - HoL - Still an unelected , unaccountable body vs. unelected nature allows for greater scrutiny
–> HoL Act 1998 removed all but 92 hereditary peers
+ Lords still unelected, unrepresentative, unaccountable - HoL Reform Bill 2012 aimed to convert some peers to elected - failed to pass
–> Not subject to same party politics as elected HoC, increases cross-party collab
+ 2015 Welfare Reform Bill - HoL ensured provisions to protect tax credits for low-income families
P3 - Devolution -Further devolution fix asymmetric devolution + lack english parliament Vs. Little demand for English devolution
–> Scotland Act 1998 established Scottish parliament - Have limited control over welfare such as pensions, no control over immigration
+ Good Friday Agreement 1998 Established NI Assembly
+ Government of Wales Act established Welsh parliament
+ Lack of English, West Lothian question esp after 2004 Higher education act blocked by Scottish
–> 2004 North East England Devolution referendum 78% votes no for devolution
HoC vs. HoL more powerful / effective
HoC more effective
P1- HoC greater media coverage Vs. not always positive
–> PMQ’s Wednesday streamed online - provide media on issues -
–> PMQ’s make HoC seem unprofessional - Punch + Judy politics –> Sunak calling Labour politics of yesterday, 1997 Blair calling Major ‘weak, weak, weak”
P2 - HoL unelected + non-representative Vs. Peers more experience + less party loyalty
–> 29% Women / 51% irl , 7.1%BME, 14% irl + 2012 House of Lords reform bill failed to pass
–> Nicki Morgan, pervious secretary of education + Lord Sugar runs Amstrad electronics company
+ 183 cross bench peers
P3 - HoC power due to laws + conventions Vs. HoL gaining political influence
–> Salisbury convention - HoL no power over manifesto bills
+Parliament Act 1911+49 –> no veto, only delay for 1 year –> 2004 hunting Act passed w/out HoL concent
–> HoL Act 1999 –> reduced hereditary peers to 92 –> gained credibility + influence
+ Lord David Cameron - Foreign Secretary from HoL since 2023
Parliament effective at Scrutiny?
Yes
P1- PMQ’s vs. PMQ’s not effective
–> Jan 2024 - Keir Starmer questioned Sunak on £400 mill on Rwanda plan
–> Nov 2022 PMQ’s - Tory MP asked PM to thank grassroots volunters - Pandering
+ 1997 Blair calling Major ‘weak, weak, weak” ‘punch and Judy’ score cheep political points
P2 - Select committees Vs. Reflect makeup of HoC + only advisory
–> Home affairs select committee caused Amber Rudd to resign
–> Jan 2021, work and pensions select committee found flaw in UC - Gov ignored report - Parliament soverignty + Q+A not mandatory - Boris Johnson avoiding to appear before the Liaison committee in 2019
P3 - HoL provides further scrutiny Vs. Unelected, limited power
–> 2022 Oct Seafarer’s bill HoL voted against + introduced amendments
–> +Parliament Act 1911+49 –> no veto, only delay for 1 year –> 2004 hunting Act passed w/out HoL concent
Do we have Presidential PM
yes
P1 - Elections personalised Vs. focus on ‘big-hitters’ in party + Single Issue elections
–> 2017, May focused on ‘strong and stable leadership’
–> Large focus on BoJo in May + Truss leadership
+ 2019 - ‘Get Brexit done’ election focused on Brexit as opposed to Johnson
P2 - More space between MP and cabinet / parliament Vs. Gain consent of parliament
–> 1997 Blairs ‘Sofa government’ - making Bank of England independent made without cabinet consent- 1998 Bank of England Act
–> PM need parliament and cabinet to approve bill to pass into legislation- 2019, Theresa May lost control of payroll vote over Brexit - Withdrawal agreement had 34 rebellions - May unable to pass much legislation
P3 - PM seeking to act independently on foreign affairs Vs. Parliament more assertive
–> 1983 - Thatcher’s decision to launch military operation into Falklands made independently and showed strong authority and leadership - especially common with large majorities
–> 2013, Cameron’s parliament voted against him over military action in Syria
Reform to the HoL since 1997 has been successful
P1 - Experts as life peers increase scrutiny vs. appointments for partisan gains not effective scrutiny
–> The HoL Act 1999 allowed the appointment of experts as life peers increasing scrutiny
+ Baroness Morisey - appointed for financial expertise + work on diversity / Lord Sugar runs Amstrad electronics
+ political experts - Lord Owen - former secretary for Health - criticised Health and Social care Bill 2012 saying didn’t provide enough support for workers
–> Political appointments for partisan gains, appointment commission lacks authority
+ 29% lords appointments since 1997 are former politicians
+ HoL appointments commissions expressed security concerns in 2020 over Johnson’s nominee Evengy Lebedev son of former KGB agent + owner of evening standard, become lord anyway
P2 - Appointments are increasingly representative of UK population vs. Lacks equal representation
–> Increasing descriptive representation allows broader range of views, more effective scrutiny
+ 2020 - 29% Lords women vs. 1997 - 10%
2019 - 6% ethnic minorities
–> Not equal, irl 51% women , 18% ethnic minorities
P3 - Increased assertiveness vs. Lack real power
–> Increase in expertise and decrease in Hereditary peers (HoL Act 1999) means increase assertive scrutiny
+ Bill Defeats in HoL more common 128 in 2021-22
+ Sentencing an Punishment of Offenders Act 2012 suffered 11 defeats in HoL
–> Lack real power
+ 1911+ 49 Parliament Act - lack vet, only 1 year delay, Sainsbury convention - lack power over manifesto bills
+ 2004 Hunting Act passed without HoL consent
If Parliament has a significant role in shaping Gov legislation
- Parliament Bicameral; two branches HoC + HoL - both has little influence in shaping gov legislation compared to Executive (PM+Cab)
P1 - Introducing legislation - Executive vs. Parl
–> Executive introduces Government Bills and controls parliamentary agenda
+ 2022-23 Parliamentary session 56 gov bills introduced with 75% pass rate, legislative timetable prioritises executives goals through scheduling debates + votes
–> MP’s can introduce Private Members Bill’s
+ from 2022-23 - 297PMB introduce to raise awareness for issues to media + executive, only 8% passed into legislation (much less likely to become legislation)
P2 - HoC lacks ability to shape legislation due to party whips vs. Rebellions against Whips + Free votes
–> 2019 Withdrawal Agreement Bill - Boris Johnson used a three-line whip (strongest) passed with 124 majority in Dec 2019
–> Controversial issues Gov allows free votes with no whip - 2013 Same-Sex marriage Act
+ Rebellions - Safety of Rwanda Act 2024 - 11MP’s rebelled against the whip
P3 - HoL is an Unelected body with limited powers vs. gaining influences due to reforms + ability to enter executive
–> Sainsbury convention - no control over manifesto promises
+ Parliament Act 1911+49 no veto, only delay for 1 year - leads to 2004 Hunting Act passed without HoL consent
–> House of Lords Act 1998 - limited hereditary peers to 92
+ David Cameron made Foreign Secretary from HoL in 2023
Executive Vs. Backbench influence
Backbench little influence
P1 - Party whips Vs. Backbench defy whips
–> 2019, vote on EU withdraw 21 MPs removed from party including Dominic Grieve, cabinet member - whips control voting + punishment
–> Jeremy Corbyn rebelled 428 times, still became party leader - no punishment, encourage more
P2 - BBC Debates not given same status as others Vs. Backbench Business committee (BBC) raise awareness for issues
–> 2019 dementia debates held in westminster hall + not voted on
–> 2019, BBC had debate on raising influence for children with cancer
P3 - Backbenchers little influence in majority parliament Vs. Backbenchers gain influence in Hung parliament
–> 2019, EU withdrawal vote passed despite rebellion by Tory backbenchers
–> Between 2017-19, speaker allowed more urgent questions, reaching 350
IMR Vs CMR
Individual Ministerial Responsibility Vs. Collective Ministerial Responsibility
both bad, CMR less bad
P1 - IMR
Not legally binding vs. political pressure to resign
–> 2020, Gavin Williams passed blame for ofqual fiasco instead of resigning
–> 2023, Dominic Rabb pressure to resign for bullying allegations
+ 2017 Priti Pattel pressure to resign after unsanctioned meetings with Israeli officials
P2 - CMR
Helps protect gov unity, stability + protect PM Vs. doesn’t hold people to account
–> 2003 Robin Cook resigned over invasion of Iraq - MP who disagree with legislation resign, see MP’s as believing in something
–> 2018, BoJo wrote damaging articles about May, continued to work as foreign secutary - PM need power for CMR to work
P3 - IMR relies on outside pressure e.g. media Vs. allows for greater electorate influence
–> 2020, Priti Pattel found guilt of bullying, Bojo allowed her to stay in position
–> 2018, Amber Rudd forced tor erisgn due to pressure from media over providing false info at committee questioning - improves legitimacy
Executive more powerful than parliament?/ Has Parliament become more powerful
Executive more powerful, Parliament become less powerful.
P1 - Executive has power to introduce Government bill + Rarely defeated vs. MP’s introduce PMB bills
–> 2022-23 Parliament introduced 56 Gov bills 75% becoming legislation
+ Blair from 1997-2001 never defeated + Thatcher 1979-1990 faced 4 defeats
–> 2022-23 were 297 PMB, only 8% passed to legislation, more done to raise awareness in media + executive
+ HoC has power to launch Vote of no confidence, last successful vote was 1979 James Callaghan
P2 - Increased payroll votes vs. Increased free votes + Rebellions not punished
–> 2023 estimated around 150 MP’s + Peer’s on payroll vote vs. in 1970 around 100 MP’s + Peer’s - required to support gov through collective responsibility
–> Rebellions not punished + number of free votes increased
+ Jeremy Corbyn rebelled 428 times, became party leader in 2015 (has been removed from party pre-2024 election)
+ Free votes increase, 9 in 1983 36 in 2005 - trend of more under Labour leadership
P3 - Executive can push bills through HoL vs. HoL gaining influence + gain power through cabinet
–> Parliamentary Act 1991 + 49, only delay bills for 1 year + no veto + Sainsbury convention has no power over manifesto bills
+ 2004 Hunting Bill passed without HoL approval
+ HoC rejected Lords Brexit Amendments
–> 1999 HoL Act removed all but 92 Hereditary peers + increased umber of experts - greater legitimacy
+ 2023 David Cameron appointed Foreign Secretary from HoL
Executive is effective at carrying out roles / Functions?
P1 - Legislation
Majority of legislation passed vs. Requires strong majority
–> 2019 - 2021 48 Gov bills introduced only 1 not passed - 98% pass
+ Blair from 1997-2001 faced no defeats
+ Thatcher from 1979 - 1990 faces 4 defeats
–> Not effective at delivering Brexit - May struggled for 3 years (2016-19) to deliver Brexit - multiple leadership challenges and led to public uncertainty
P2 - Policy decision
Good policy decision - swift + fulfil desires of public vs. Inconsistent policy
–> Fast-Pace decision in crisis - 2018 - Theresa May’s response to Sailsbury poisoning seen as strong leadership, expelling 23 Russian diplomates and external international pressure on allies to condemn Russia
+ Boris Johns + Cabinet in 2019 build strong mandate for Brexit through 2016 Referendum + 2019 election
–> 2020 - Johnson + Cabinet - U-Turn on free school meals during COVID summer after public outcry - shows inconsistent policy + lack of social responsibility
P3 - Budget formation
Ability to quickly respond to crisis vs. Lack of scrutiny leads to oversights
–> 2020 BoJo + cabinet - introduced Furlough Scheme covering 80% of workers salaries through covid - helped stabilise employment
–> 2022 Truss Kwateng mini-budget - unfunded tax cuts e.g. abolition of 45% tax rates - shows lack of scrutiny on budget’s + unstable economic policy - 24 day reversal
