UK government Flashcards
Reasons why the constitution is reformed
modernisation
decentralisation
democratisation
strengthening citizens rights
clarity and transparency
Evidence of the role of passing legislation being carried out effectively
Governments with large majorities basically control the commons
Blairs govt didn’t lose a commons vote (97-05)
The lords can only delay up to a year- they cant veto legislation
Powers of the core executive
the powers of the PM come from the royal prerogative
Patronage
Power of the PM to appoint ministers as a result of loyalty or support
way of rewarding MPs on their side
evidence of PMs using the Royal Prerogative powers
cameron’s air strikes during Libyan civil war in 2011
Tony Blair supported invasion of Iraq in 2003
Anti-terrorism Laws
terrorism Act 2006:
increased number of days a suspected terrorist can be detained without trial
Prevention of terrorism Act 2005
control measures put in place
Quasi
used to describe devolution
means ‘resembling’
arguments for Further HOL reforms
-To improve Democratic Legitimacy
-Reducing membership
-HOL is expensive
-HOL doesnt have enough power to check the government
Strengths of select committees
40% of committee recommendations become policy
Good chairs
Quality of legislation will be high
Weaknesses of select committees
Quality of legislation depends on how briefed the MPs are
No legal obligation to attend
Only certain amounts of legislation can be covered
Why is the UK’s constitution flexible
If const law is not see as higher law It means changed can be made more quickly and adapt to an ever changing world
HOC overview
650 constituencies, 650 Members
Each constituency will be represented by the candidate with the most votes in the constituency
Party with the most MPs make government
Confidence and Supply agreement
An agreement where a party or independent MPs will support the government with its vote
May with DUP in 2017
Arguments against terrorism laws
-Too much power in hands of state
-Undermines HRA and civil liberties
-Reactive policies don’t help with the causes of terrorism
-alienates minority groups
3 things civil servants work under
neutrality- Must be neutral politically
anonymity- can’t get involved with the media
permanence- Job no matter what party is in power
Royal prerogative powers examples
-commander in chief of the army
-signing of international treaties
-cabinet reshuffles
-making key appointments
-controlling the civil service
Arguments for devolution
peace in N.I. has helped
Support for it in all 3 countries
has decentralised power
improves democracy
sense of britishness/unity
Impacts on relationship between PM and Cab
> what executive model the PM chooses
Management + leadership skills of the PM
development of the PM’s office and Cab office
size of Govt majority
global events
Key components of the core executive
PM
PM office
Cabinet
Cabinet office
Govt departments
SPADS
civil servants
Roles of parliament
-provide political legitimacy
-passing legislation
-scrutiny of the government (specifically over public finances and government spending)
-Representation of the electorate
-recruitment and training of ministers
-policy creation and implementation
Backbench business committee
made up of backbench MPs
They decide what issues are debated in parliament
Arguments for + against HOL being fully elected
for:
achieve DL
Scrutinisation would be far better
against:
voter fatigue- wayyyyy more elections
Ruduce levels of expertise in the HOL
Increase in legislation gridlock
Arguments for a codified constituion
- authority of Supreme Court would be enhanced
- better understanding of the constitution
- Relations between branches would be clearer
- decentralise power away from Govt
Parliament checks and balances on PM
PMQs
debates
Public accounts committee
BBC
Liaison committee
Public bills committee
Fundamental Human rights
freedom of speech
freedom of movement
right to a fair trial
freedom to assemble
freedom to privacy
ownership of property
Select committees
cross-party group of MPs or Lords given a specific remit to investigate and report back to the house that set it up
Bills to do with finances
Money Bills
Variable factors in PM power
> PM personality and character
Strength of the cabinet
the party
size of the majority
media
current events
variable factors are the reason the Pm’s power fluctuates
Difference between primary and secondary legislation
primary legislation is an act passed by parliament
Secondary legislation can make small changes to an act
however, the act must say what changes can be made by secondary legislation
Government and opposition
Government- the party in power/that governs
opposition- All MPs that aren’t part of Govt
Leader of the opposition is the leader of the largest party
Devolution
The transferring of powers from national to local governments
not permanent
legislation process
Law begins as Govt bill
first reading
second reading
committee stage
report stage
third reading
royal assent
happens twice because it goes through both houses
branches of the government
executive
legislature
judiciary
key elements of Uk constitution
Parliamentary sovereignty
rule of law
Royal prerogative
Unitary state-not federal
uncodified
party government
West Lothian question
Asks why MP from evolved states can vote on purely English matters, that English MPs cant vote on
Spatial leadership
a PM almost becoming bigger than the party, distancing themselves from it
Blair and thatcher
populist outreach
Appealing directly to the public, claiming to be on the side of the everyday citizen
Evidence of not carrying out the role of passing legislation
2019-2024 conservatives made several u-turns in fear of defeat
May’s minority govt was defeated 28 times in 2 years
May’s exit deal was defeated by a 230 majority
HOL overview
Lords are appointed
1)688 life peers
2) 86 hereditary peers
3) 26 lords spiritual
HOL is not democratically legitimate
Devolved bodies
Scottish parliament
Welsh parliament
N.I. assembly
How are cabinet ministers chosen
Loyalty from patronage
“keep enemies close’
expertise
diversity
Key powers of the HOC
Sole right to defeat a bill
Vote of no confidence
Right to commit UK to military operations
Right to represent the electorate
Select committees only exist in commons
Arguments against devolution
N.I. assembly was suspended for a number of years
turnout in elections to devolved assemblies has been low
Scottish nationalism
Lack of clarity and coherence
bicameralism
A system where there are 2 houses
HOL reform act 1999
Removed all but 92 hereditary peers
largely seen as positive
Role of the opposition
> force govt to explain and justify policy
highlight shortcomings in the way government is running
To present alternatives to proposals and strategies
to prepare itself for the govt should it win the next election
Asymmetrical devolution
devolution that occurs within the UK
Evidence of committees carrying out the role of scrutiny ineffectively
PMQs can be a punch “Punch and Judy” show.
minority of amendments come from opposition MPs
PMQs are prepared by Downing Street- prepared answers
constitutional reform and government act 2010
ended ministers royal prerogative powers to negotiate and sign foreign treaties
Rule of Law
Rights of individuals are determined by legal rights
No punishment unless court decides law was breached
Everyone is subject to the law
Sofa government
Blair’s tactics of talking to ministers informally outside of cabinet
Examples of Govt bill defeat in HoL
terrorism act 2008- labour
Welfare bill 2011- coalition
Internal market bill 2020- conservative
theories of executive power
Core executive model
cabinet model
primine ministerial model
Presidential model
reserved powers
Powers the government do not give to the devolved body
example:
military
immigration
the economy
Importance of the opposition
Primarily so the opposition has someone to lose to
Arguments for keeping codified constitution
Effective government
history and tradition
human rights are effectively protected
no desire from the people
Powers of the cabinet
1) cab organises the presentation of official policy and legitimate government policy
2)they decide the policy agenda
3) doesnt have power to remove PM (but, they can refuse to support them which could force them to resign)
Parliamentary influence over government
Increased influence and use of select committees
Parliamentary veto
Increased activism of HOL
Parliament can dismiss a government
PMQs, MQTs and debates
The opposition
Ultra Vires
means “beyond the powers”
it is applied when a body is thought to have acted like this
Judicial independence an judicial neutrality
independence:
judges should be free from any pressure or influence from other branches
Neutrality:
judges should not be politically motivated
decisions should be made from the law alone
Composition of the Supreme Court
12 members- but cases are heard by an odd number of justices ensure a majority verdict
SC memes do not sit in HOL
Senior judges cannot be removed as a result of decision. only misconduct
Minority government
> no political party has achieved a majority
largest party must receive support form over parties to win majority.
Key powers of HoL
can delay bills for up to a year
More time to debate legislation
greater levels of independence (not controlled by whips)
Strengths of PMQs
opportunity for PM to be held to account
Previous PMs say it was the most difficult time of the week
Urgent questions can be asked
Its entertaining and on the media
Coalition government
> no political party has a majority
2 or more parties agree to form a government together
powers given to devolved bodies
Legislative: ability to pass laws in their own region
Administrative: refers to power over health and education
Financial: Devolved bodies get funds from central government
Elastic band theory
the power of a PM is determined by variable factors
for example-johnsons power contracted at the start of covid because he has to rely on cabinet
impact of the Uk’s exit from EU
Uk parliament regains all sovereignty
Conservative Party divisions widened
Deep divisions in Uk society
DUP had disproportionate amount of power given May’s minority government
Increased Scottish independence calls (they voted to remain0
4 Freedoms of the EU
-free movement of workers
-free movement of goods
-free movement of capital
-free movement of services
Constitutional reform Act 2005
key objective was to improve independence of judiciary
introduced UK Supreme Court- increased separation of powers
Role of the judiciary
-Dispensing justice through sentencing
-Interpreting law
-Establishing case law
-judicial reviews
-holding public enquiries
Arguments for an English parliament
Would extend democracy and accountability
might improve participation in politics
Devolved govt could better help with issues specific to region
Arguments against English parliament
create a need for too many elections- voter apathy
No demand for it
expensive
could lead to disunity
