UK Government; The Historical Context of the UK political system - 1700-Present Flashcards

1
Q

The Acts of Settlement -1701

A

The Act of Settlement came into being as another step towards changing the relationship between the crown and parliament. When it became clear that neither William III nor his heir, Queen Anne, would have any children, the succession should have gone to one of the heirs of James II or Charles I; however, these heirs were Catholic and the Protestant Westminster objected to a Catholic monarch. As a result, the Act of Settlement was passed to settle the succession problem and parliament decided to offer the throne to George of Hanover. Despite nearly 50 other people being close relatives of Queen Anne, George was the closest non-Catholic relative despite not being English.

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2
Q

Why was George I becoming King in 1714 significant?

A

It was significant as he was the first king who came into power as a result of an Act of Parliament, not through any divine right of inheritance. Along with granting parliament the power to choose the monarch, the Act of Settlement also established several principles that had been suggested during the debates over the Bill of Rights.

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3
Q

What other principles did this act establish? (Act of Settlement)

A
  • Judges could not be removed without the consent of parliament
  • Royal pardons were to be irrelevant in cases of impeachment
  • The monarch could not take England into a war to defend their home country without the consent of parliament
  • In governing Britain, the monarch could not make decisions alone and had to consult the full Privy Council
  • No foreign-born man could join the privy council, sit in parliament, hold a military command or be given land or titles in Britain
  • The monarch had to be a member of the Church of England
  • The monarch could not be Catholic or married to a Catholic
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4
Q

What other provisions were there? (Act of Settlement)

A

It also contained a provision that after the death of Queen Anne, no person who has an office or place of profit under the king, or receives a crown pension, shall be capable of serving as a member of the House of Commons - had this clause not been repealed by the Regency Act of 1706, the UK would still have strict separation of power and the idea of a Cabinet government would not have been established.

  • The Act also established that after being appointed to the cabinet, an MP would have to resign their seat in Commons and stand in a by-election, a practice that continued until 1918.
  • This meant the monarch’s power along with the Prime Minister’s to appoint cabinet ministers was limited by the fear of losing a by-election.
  • It also stated that the monarch could only choose ministers that could command a majority of support across both Houses of Parliament, so the king had to choose a ‘king in parliament’ who could control both chambers rather than appointing a minister of his choice.
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5
Q

The Bill of Rights and Act of Settlement were significant for marking a change in the power of parliament for these reasons -

A

The monarch was now of parliament’s choosing, rather than ruling through divine right
They established the principle of regular and free elections
They restricted the monarch’s ability to interfere with laws
They meant taxation could only be passed by parliament

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6
Q

The Bill of Rights and Act of Settlement were not significant for marking a change in the power of parliament for these reasons -

A

Parliament remained only advisory in nature
The monarch remained the dominant force in British politics
Parliament itself only represented the wealthiest 2% of the country

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7
Q

How did the rule of Scotland, England and Ireland change from 1275?

A
  • Wales and England had developed as one country since the conquest of Wales by Edward I in the 1270’s; Wales retained its own language and culture but was politically run from Westminster and often was referred to as part of England
  • England and Wales together are more accurately considered ‘Britain’ however - Scotland remained independent as a kingdom until 1707 with its own monarchs, laws, and institutions
  • In 1603, King James VI of Scotland became King James I of England - the two kingdoms were legally still separate but they now shared the same head of state bringing about a period of peace and stability to Anglo-Scottish relations
  • In 1155, Pope Adrian had offered the crown of Ireland to King Henry II if he could bring the Irish under control; following his own break with Rome, in the 16th century, Henry VIII began a more formal subjugation of Ireland
  • This began initially with the persuasion of Irish Parliament to pass the Crown of Ireland Act in 1542, formally making the Kings of England the Kings of Ireland
  • As a result, by the start of the 18th century, the same monarch had the rule of three separate kingdoms - England, Scotland, Ireland and Wales all still had separate parliaments, laws and customs and are still independent countries
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8
Q

Ireland and Anglo-Irish Treaty

A

In 1782, Ireland had gained effective legislative independence from Great Britain with its own constitution - However, only Protestants could hold political power, meaning the Catholic majority was largely excluded

  • This led to a Catholic uprising in 1798 and an appeal to the French, now their allies, to invade the country - the uprising was suppressed but with continuing threat of invasion, the Great British Parliament and Protestant Parliament of Ireland agreed to form a formal political union to guarantee future security
  • On July 2nd 1800, the Westminster parliament passed the Union with Ireland Act
  • This was followed by the passage of the Act of Union by the Irish Parliament on August 1st
  • The act came into effect on January 1st 1801 and saw the introduction of 32 irish peers to the House of Lords and 100 new Irish MP’s, all of whom had to be Anglican - these Acts created the United Kingdom of Great Britain and Ireland
  • Following years of pressure for Irish Home Rule and a civil war in Ireland, the British Parliament passed the Government of Ireland Act in 1920 to create two Irish regions with ‘Home Rule’ - the six northeastern counties form Northern Ireland and the rest of the country formed Southern Ireland
  • In 1921, the Anglo-Irish treaty was signed by the British prime minister, David Lloyd-George to formally create the Irish Free State
  • The six counties of Northern Ireland opted to remain part of the United Kingdom and so the United Kingdom of Great Britain and Northern Ireland was established
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9
Q

The Acts of Union 1707 - why were there concerns over Scotland and England having separate parliaments?

A

The Act of Settlement allowed the English Parliament to decide who the next monarch would be, and there was a possibility that the Scottish Parliament may choose a different one, which would result in the breakdown of the informal union between the two kingdoms and possibly lead to future wars.

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10
Q

How and why were the Scots forced to accept the Acts of Union in 1707?

A

In 1698-99, Scotland attempted to establish its own colony in Panama, an expedition which proved to be disastrous and brought bankruptcy to the country. As a result of this, the Scottish parliament, urged by William III, was forced to accept terms from the English Parliament that would give Scotland a limited voice in Westminster in order to help them avoid the threat of financial disaster, internal division, commercial blockade and war. The Scottish Parliament passed an act accepting the union with Britain in January of 1707 and the British Parliament passed its own act of union in March, accepting new jurisdiction over Scotland and Scottish representation in Parliament.

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11
Q

What did the Acts of Union do the Scottish Parliament?

A

These acts led to the dissolution of the Scottish Parliament. On May 1st was the first meeting of the unified parliament in Westminster, resulting in the formal statute recognition of Great Britain as a state / country. (unifies all the parliaments of Scotland, Wales and England)

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12
Q

How did Britain become a democratic country?

A

Most of the political history of Britain has been about the transfer of power from the monarch to parliament
In the 19th century, issues relating to democracy and representation became more prominent - parliament needed to represent the people, and so the monarch and lords needed to transfer more power to the people
Before 1832, the Lords were the dominant house with the Commons representing less than 2% of the population
Elections were held but they were undemocratic with rotten boroughs, multiple votes and property qualifications leaving most people disenfranchised (without a vote)
1832-1969 - saw a huge growth in democratic representation, with the electorate growing from 2% to full adult suffrage.
This growth in democracy led to the shift in power from Lords to Commons
The 19th century also saw significant reforms to the way elections were held and seats were allocated, making representation across the UK fairer.

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13
Q

Constitutional Monarchy

A

Monarch is head of state, but the ability to make and pass laws resides with parliament.

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14
Q

1911 - the formation of the House of Lords

A

From the time of the Act of Settlement until the mid 19th century, the Lords had been the dominant force in UK politics - it was seen as a moderator between the House of Commons and the monarch / crown
Most Prime Ministers had sat in the House of Lords along with most leading statesman - however, the rise in democracy in the UK mean the status of the Lords as the ‘upper’ chamber was being increasingly challenged

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15
Q

Great Reform Act 1832

A

Anyone who owned property worth more than £10 were allowed to vote (middle classes)
This meant that the electorate was now 8% of the total adult population.
How it changed British Democracy - Rotten boroughs were abolished and more seats were allocated to the new industrial towns

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16
Q

Second Reform Act 1867

A
Anyone who paid rent worth at least £10 a year or owned a small plot of land (urban working class and rural middle classes) could vote 
This meant that the electorate was now 16% of the total adult population
17
Q

Redistribution of the Seats Act 1885 (Third Reform Act)

A

Extended the franchise to agricultural labourers (rural working class)
This meant that the electorate was now 28% of the total adult population
How did this change British Democracy - This reallocated 142 seats from the south of England to the industrial centres of the north and Scotland, breaking the traditional dominance of the South of England in Westminster politics.

18
Q

Representation of the People Act 1918

A

All men aged over 21 and women aged over 35 can vote.

This meant the electorate was now 71% of the adult population.

19
Q

Representation of the People Act 1928

A

All men and women aged over 21 can vote.

This meant the electorate was now 96% of the adult population.

20
Q

Representation of the People Act 1969

A

All men and women aged over 18 can vote.

This meant the electorate was now 97% of the adult population

21
Q

Ballot Act 1872

A

Introduced the secret ballot to prevent voter intimidation and reduce corruption.

22
Q

Corrupt and Illegal Practices Act 1883

A

Rules were established for how much a candidate could spend and what they could spend the money on in a campaign, in order to reduce bribery in elections.

23
Q

1911 Parliament Act - Issues that needed correction

A

Lord Salisbury had stepped down, becoming the last Lords Prime Minister in 1902
In 1888, the lords had lost the power to the new county councils, which took over the role of running the shires
Opposition grew over the fact that the Lords had an innate Conservative majority due to large hereditary peerages and could therefore block any measures taken by reforming parties
The Lord’s defeated the Liberal party’s ‘People’s Budget’ in 1909 because revenue was to be raised by taxes on land and inheritance in order to fund welfare programmes; this would have impacted directly on the Lords - had too much power to look out for only themselves
In January 1910, the Liberal’s appealed to the country and won a decisive general election based on their financial measures - the ‘People’s Budget’ was accordingly passed by both houses / chambers

24
Q

1911 Parliament Act - How did the Act get passed?

A

To prevent the Lords from ever again rejecting a proposal that had popular democratic support in the democratically elected House of Commons and in order to establish the primacy of the Commons through statute law rather than via a convention, Prime Minister Hebert Asquith introduced a 1910 bill that would:

  1. Give the commons exclusive power over the money bills
  2. Allow the Lords to delay bills for only 2 years
  3. Reduce the duration of a parliament from 7 to 5 years

Another general election was held in 1910 and the Liberals again secured a majority, thus passing the Parliament Act in 1911
This was unlikely to be passed as despite a commons majority, they still needed the Lords to agree and not block the bill - as it was a bill about the reform of the upper chamber, which would result in a restriction of their powers, they were unlikely to be in favour
Asquith persuaded the King to threaten to create enough new liberal peers to flood the chamber and create a Liberal majority
This threat worked and the Lords passed the act by 17 votes

25
Q

Positive Consequences of the 1911 Parliament Act

A

Reduced the ability of the Lords to have power over money bills
Removed the power to veto legislation
Step forward for democracy in the UK

26
Q

Negative Consequences of the 1911 Parliament Act

A

The removal of an effective second chamber could create the opportunity for an elective dictatorship, where a party with a clear majority would have no institution to withstand it

27
Q

1949 Parliament Act - Issues that needed correction

A

Resulted from a conflict between the Labour government of Attlee and the Conservative-dominated House of Lords
The Lords were strongly opposed to the nationalisation programmes of Attlee’s government
In order to prevent the Lords from blocking the Iron and Steel Act, the Labour controlled Commons attempted to pass a new Parliament Act in 1947 that would reduce the time that the Lords could delay a bill from two to one year, or 2 parliamentary sessions

28
Q

1949 Parliament Act - How did it get passed?

A

The Lords voted against the Act and after two years, in 1949, the Commons invoked the 1911 Parliament Act to bypass the Lords and force through the legislation

29
Q

Positive Consequences of the 1949 Parliament Act

A

Marked a formal shift in power in UK politics from the House of Lords to the House of Commons
The removal of the veto power on primary legislation, loss of power over money bills and reduced time for denying legislation made the Lords a much weaker chamber - increased democratic power of the people and solidified the true legislative power of the 1911 Parliament Act

30
Q

Negative Consequences of the 1949 Parliament Act

A

Unlike the 1911 Act, which had been passed with the consent of Lords, the 1949 act had been forced through despite the Lord’s protests against it
This led to a legal challenge in 2004 by the Countryside Alliance who claimed the 1949 act was invalid on the common-law principle that a delegate cannot enlarge his power
This was rejected by the judiciary as the 1949 Parliament Act is statute law and therefore takes priority over any form of law

31
Q

What 3 institutions did the European Communities Act 1972 allow the UK to join?

A

The European Economic Community (EEC) - the common market
The European Coal and Steel Community
The European Atomic Energy Community

32
Q

How did the ECA affect laws in the UK?

A

The Act also allowed for the EEC law to become part of the domestic law in the UK with immediate effect, meaning any law passed by the EEC and later the EU would take automatic effect in the UK without the need to pass a new statute law or receive parliamentary approval. The Act also stated that no UK law could conflict with European law, and so EU law had priority over UK law and that the court system could strike down statute laws passed by parliament.

33
Q

What turning point did the ECA mark?

A

It marked the first time since Queen Anne had vetoed the Scottish Militia Bill in 1708 that another institution had taken priority over parliament.

34
Q

In what way did the ECA challenge parliamentary sovereignty?

A

The European Communities Act was binding on future parliaments
EU law could take priority over statute law
Statute law could be struck down by the courts if it was incompatible with EU law, a principle confirmed by cases such as the Factortame case of 1991
UK must comply with the EEC laws

35
Q

How can it be argued that parliament has retained parliamentary sovereignty despite the passing of the ECA?

A

The European Communities Act was itself a statute law passed by parliament
Parliament chose to accept the primacy of EU / EEC law, which meant that parliament had chosen to pass sovereignty to the EEC
Court rulings to strike down UK law are passed based on UK statute law
Parliament is able to repeal the Act