UK Politics Improved Flashcards
The House of Commons
Membership in the House of Commons is achieved through general elections, with each member representing a constituency.
There are currently 650 Members of Parliament (MPs).
MPs are typically affiliated with political parties, though independent candidates can also run.
The Conservative and Labour parties hold the majority of MPs.
Most MPs are backbenchers, without government roles.
Frontbenchers hold government positions, such as ministers.
The Speaker presides over debates and parliamentary procedures.
The Speaker is a neutral party member, elected by the Commons.
The Leader of the Opposition leads the largest opposition party.
Whips enforce party discipline, ensuring MPs vote according to party lines.
The House of Lords
The House of Lords has approximately 800 members.
Before 1999, most members were hereditary peers.
The Lords Act 1999 reduced hereditary peers to 92.
Most Lords are now life peers, appointed by the Prime Minister or proposed by others.
Life peers are appointed for various reasons, including political loyalty, career achievements, or representing societal groups.
There are also 26 Lords Spiritual, high-ranking members of the Church of England.
The Monarchy
The monarch is the head of state and technically part of Parliament.
The monarch’s role includes appointing the Prime Minister, opening and dismissing Parliament, and delivering the Queen’s Speech.
The Queen’s Speech, outlining the government’s legislative program, is written by the Prime Minister and advisors.
The monarch gives Royal Assent to bills, the final step before they become law.
Lawmaking as a function of parliament
Parliament can create and repeal laws (except EU laws).
There’s no codified constitution restricting Parliament’s power.
Parliament is superior to other institutions like devolved bodies.
Parliament primarily considers government-made bills, not private members’ bills.
The government’s legislative dominance often side-lines Parliament.
The House of Lords mainly reviews government bills passed by the Commons.
Representation as a Function of Parliament
The elected House of Commons theoretically represents the people.
The unelected House of Lords weakens this representation.
The first-past-the-post voting system can misrepresent the population’s vote.
MPs and peers often come from limited backgrounds, not reflecting society’s diversity.
Government Scrutiny as a Function of Parliament
Question Time allows for government accountability.
Select committees scrutinize government policies and proposed legislation.
Debates and challenges from the opposition party provide scrutiny.
The government’s majority in the Commons often limits effective scrutiny.
Question Time can be ineffective, often turning into petty exchanges.
Select committees have limited power to change policies.
Minister Recruitment and Training as a Function of Parliament
All ministers are MPs, gaining experience as backbenchers.
Backbenchers learn about government and Parliament before ministerial roles.
Ministers are primarily drawn from the majority party in the Commons.
Parliamentary skills may not translate to effective management and organization.
Many ministers lack experience outside politics, potentially limiting their perspective.
Legitimacy as a Function of Parliament
The elected Commons gains legitimacy through public approval.
Parliamentary scrutiny enhances the legitimacy of government actions.
The unelected House of Lords undermines overall democratic legitimacy.
Scandals have eroded public trust and faith in Parliament.
Types of Constitutions (UK VS USA)
Unitary constitutions concentrate power in a single body, such as the UK Parliament.
Federal constitutions, like the US Constitution, divide power between national and regional institutions.
Rigid constitutions are difficult to amend, exemplified by the US Constitution’s few amendments.
Flexible constitutions, such as the UK’s, can be amended relatively easily.
Key Documents that changed the UK Constitution
- The Magna Carta (1215) limited the king’s power and established some basic rights, such as the right to a jury trial.
- Parliament Acts (1911, 1949)
The Parliament Acts reduced the House of Lords’ power to veto legislation, limiting its ability to delay bills.
- European Communities Act (1972)
The European Communities Act integrated UK law with EU law, giving EU law precedence.
Patterns of Change in the UK constitution
Gradual Change
The UK constitution has undergone gradual change, unlike revolutionary upheavals.
There’s been a slow transfer of power from the monarch to Parliament, particularly the House of Commons.
There’s been a gradual increase in the protection of rights and liberties.
Powers of the House of Commons
The House of Commons holds supreme legislative power, proposing and passing laws, and can prevent bills from becoming law.
The Commons possesses “confidence and supply” powers: the government remains in power only with the Commons’ confidence; a no-confidence vote leads to a government resignation and general election.
“Supply” refers to the Commons’ power to grant the government funds through approving taxation legislation.
Powers of the House of Lords
The House of Lords can delay bills passed by the Commons for up to one year, with exceptions.
They cannot delay “money bills” (bills with significant financial aspects) or bills mentioned in the governing party’s manifesto (Salisbury Convention).
The Lords have some veto powers, such as blocking attempts to extend a Parliament’s life.
Role of the Backbenchers in Parliament
Backbenchers can introduce Private Members’ Bills, though few become law.
They can use “Ten Minute Rule Bills” to raise awareness of issues.
Backbenchers participate in scrutinizing government bills and policies through committees and questioning ministers.
They can raise constituent concerns and utilize parliamentary privilege.
limitations of Backbenchers influence
Private Members’ Bills rarely become law.
Government whips can limit backbenchers’ independence and influence.
Limited debate time and infrequent impact on legislation restrict their effectiveness.
Question Time is often considered weak and ineffective.
Select Committees
Select committees scrutinize government policy.
Select committees conduct inquiries, write reports, and question witnesses, including government ministers.
The government’s majority in the Commons influences select committees.
Select committees can criticize but not change government policy.
The Opposition
The official opposition in the Commons has privileges during debates, including PMQs.
Opposition days allow opposition parties to choose debate topics.
The opposition’s ability to initiate legislation is limited.
The government’s majority limits the opposition’s influence.
The opposition may lack resources compared to the government.
PMQ’s
PMQs holds the Prime Minister accountable by requiring them to answer questions.
The opposition leader can ask supplementary questions during PMQs.
PMQs can be ineffective due to inadequate answers and political point-scoring.
The nature of PMQs can damage Parliament’s reputation.
Parliamentary Procedures
A bill can’t be voted down at the first reading.
The Salisbury Convention dictates that the House of Lords will not block government manifesto pledges.
Most bills are known as public bills.
The Speaker organizes and chairs debates in the Commons.
The final stage of a bill becoming law is Royal Assent.
PM Power/limitation Patronage
Prime Ministers can appoint and dismiss officials, promoting loyal colleagues and ensuring cabinet support.
However, ministerial appointments are limited by the need for representation from the Commons, Lords, and various party factions.
PM Power/limitation Cabinet Management
Prime Ministers control cabinet meeting frequency, agenda, and committee appointments, strengthening their influence.
However, lack of cabinet support or significant resignations can weaken a Prime Minister’s authority.
PM Power/limitation Favorable Circumstances
A strong economy, large parliamentary majority, and successful events (like wars) boost a Prime Minister’s power.
Conversely, small majorities, negative events, or economic downturns can significantly restrict a Prime Minister’s power.
PM Power/limitation Cabinet office/ resources
The Prime Minister’s office provides staff and special advisors, enhancing control over policy and public image.
However, the resources available to a Prime Minister are less than those of some other world leaders. E.g Exop (USA)
PM Power/limitation Media
Direct media access allows Prime Ministers to shape public opinion and increase their profile.
However, negative media coverage can damage a Prime Minister’s reputation and amplify crises.
Individual Responsibility + departmental failure
Individual responsibility holds ministers accountable for their departments’ actions.
Ministers face scrutiny through Question Time and select committees.
Ministers may resign due to departmental errors, personal misconduct, or scandals.
Civil servants must be loyal to their minister and support their actions.
Examples of Ministerial Resignations
Robin Cook and Clare Short resigned over the Iraq War (2003)- collective responsibility.
Andrew Mitchell resigned over allegations of insulting a police officer (2012)- personal failure.
Matt Hancock resigned due to his handling of the COVID-19 crisis - departmental failure (atypical).
Main Functions of the executive
a. Legislative Proposals
The government, through the cabinet, proposes most legislation to Parliament, often based on manifesto promises
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b. Budgetary Proposals
The Chancellor proposes the budget after negotiating with other departments and the cabinet.
c. Policy Decisions
The cabinet sets the legislative and policy direction of the government.
Ministers base their decisions on this and publicly support government policy.
PM Powers (formal)
The Prime Minister (PM) formally appoints ministers and senior figures, such as judges.
The PM can dissolve and recall Parliament, sign treaties, and grant honors.
These powers are derived from the monarch’s Royal Prerogative, now exercised by the executive.
PM Powers (informal/implied)
The PM has patronage, the ability to hire and fire government ministers and make other appointments.
The PM controls the cabinet, deciding when and how it meets, the agenda, and committee membership.
The PM leads their party, holding authority over it.
The Prime Minister’s and Cabinet Office provides institutional support, including special advisors.
The PM has significant media access as head of government.
The media focuses on the PM as the “face of government”.
Theories of Power in the executive
a. Cabinet Government
Cabinet government suggests power is collective and resides in the cabinet.
This theory is considered outdated.
b. Prime-Ministerial Government
Prime-ministerial government recognizes the growing power of the PM.
This arose from the development of the political party and the importance of the party leader.
The PM makes major decisions and influences all policy areas.
The cabinet advises and supports the PM, who is not just “first among equals”.
c. Core Executive Model
The core executive model suggests both the PM and cabinet influence policy, using contacts to influence other institutions.
Power depends on available resources and circumstances.
This theory acknowledges constraints on PM power.
d. Presidentialism
Presidentialism suggests UK PMs act like presidents, as both head of state and government.
PMs set their own agendas and claim a personal mandate after election.
Media focus is almost exclusively on the PM, especially during elections.
The increasing number of special advisors loyal to the PM supports this.
PM Profile Thatcher
a. Thatcher’s Control
Margaret Thatcher acted like a president, making policy decisions quickly with minimal discussion.
She reduced cabinet meetings and presented herself as the party leader.
She clashed with traditional conservatives but successfully reduced their influence.
The Falklands War victory significantly boosted her popularity and authority.
Her media image was mixed, with some praising her dominance and others criticizing her inflexibility.
b. Thatcher’s Loss of Control
Thatcher’s authority weakened towards the end of her premiership, possibly due to her long time in power.
The introduction of the poll tax was highly unpopular, leading to protests and declining popularity.
She lost the leadership contest and resigned, demonstrating a loss of control over her cabinet and party.
PM Profile John Major
a. Major’s Control
John Major acted decisively by removing the poll tax and adopted a less confrontational approach, gaining initial party support.
His 1992 general election victory demonstrated his support.
He moved towards a more inclusive cabinet-style government with increased discussion.
He made progress towards a peace deal in Northern Ireland with the 1993 Downing Street Declaration.
b. Major’s Lack of Control
Black Wednesday in 1992 damaged his economic credibility.
He received no public credit for the economic recovery by 1997.
He struggled to control his party’s divisions over Europe, particularly the Maastricht Treaty.
His less adversarial style, initially welcomed, became a source of weakness, lacking the respect Thatcher commanded.
His negative media image and heavy 1997 election defeat reflected his lack of control.
PM Profile Blair
a. Blair’s Control
Tony Blair closely controlled his party and its media image through “spin.”
He enjoyed strong initial popularity and a strong economy.
He extended control over the cabinet by reducing formal meetings and relying on special advisors.
He successfully implemented policies due to large government majorities, including House of Lords reform and devolved governments.
The Good Friday Agreement (1998) was a major success, continuing peace efforts in Northern Ireland.
Other successes included a minimum wage and civil partnerships.
He led support for the US-led invasions of Afghanistan and Iraq despite opposition.
b. Blair’s Lack of Control
Gordon Brown, the Chancellor, was a major constraint on Blair’s power.
Brown’s influence prevented the UK from joining the European single currency.
The Iraq War severely damaged Blair’s popularity and legacy.
He eventually stepped down with a negative public image.
Is the PM a president ?
Arguments for the UK Prime Minister being like a president include increased media focus, policy presentation, importance of the presidential role in foreign policy, growth of the Downing Street machine, development of personal policy agendas, increased use of special advisors, and the personalities of some prime ministers.
Arguments against the UK Prime Minister being like a president include that they are not heads of state constitutionally, they are limited by party, cabinet, and parliament, they can be removed from office mid-term, it is an issue of individual style, and events cause variations in dominance.
Theories of Representation
Trustee - MPs Vote based on their personal opinion e.g MPs voting over the Abortion Act in the UK
Delegate - MPs vote based on their constituencies. e.g. Zac Goldsmith voting against 3rd runway at Heathrow
Mandate - MPs Vote based on the manifestoes of their party e.g. Conservative MPs voting for Brexit.
Sources of the UK Constitution
Conventions e.g. Sunak electing a lord (David Cameron) to serve in cabinet
Works of Authority e.g Erksine May guide on parliamentary procedures
Treaties/ EU e.g Treaty of Versais or Brexit
Major Developments in Human Rights
a. Magna Carta (1215)
The Magna Carta was a series of promises between the King and his subjects, aiming to limit royal power.
It’s considered an early attempt to protect people from government abuse, a precursor to human rights.
b. Human Rights Act (1998)
The Human Rights Act 1998 incorporated the European Convention on Human Rights into UK law.
d. Equality Act (2010)
The Equality Act 2010 protects against workplace and societal discrimination, simplifying and strengthening previous anti-discrimination laws.
It outlines unlawful discriminatory practices.
Types of Courts in the UK
Magistrates’ courts deal primarily with criminal cases.
County courts handle civil cases, such as landlord-tenant disputes.
Crown courts manage more serious criminal cases, with a judge and jury determining sentencing.
High courts address complex civil cases, including adoptions and substantial compensation claims.
The Court of Appeal hears appeals from both civil and criminal courts.
The Supreme Court hears appeals from the Court of Appeal.
The European Court of Justice adjudicates cases involving breaches of European Union law.
The European Court of Human Rights focuses on human rights issues.
The Supreme Court
a. Establishment and Purpose
The 2005 Constitutional Reform Act established the Supreme Court.
Its creation aimed to increase the judiciary’s independence from the government.
The Act also modified the role of the Lord Chancellor.
Previously, the Lord Chancellor was both a cabinet minister and head of the judiciary, responsible for judicial appointments.
The appointment power was removed from the Lord Chancellor in 2005.
The Supreme Court opened in 2009 and serves as the UK’s final court of appeal.
b. Supreme Court Functions
The Supreme Court hears appeals on points of law and matters of legal and constitutional importance.
It decides whether government institutions, including devolved bodies, have acted within their powers.
It uses judicial review to assess government actions against existing law.
A notable case involved Gina Miller challenging the Prime Minister’s right to trigger Article 50 without parliamentary consultation.
The Court ruled in Miller’s favor, leading to Parliament voting to trigger Article 50 in 2017.
c. Supreme Court Structure and Membership
The Supreme Court comprises 12 members.
Cases are typically heard by 5-9 judges, always an odd number for majority verdicts.
The most senior judge is the President.
The court’s composition has faced criticism for its lack of diversity.
Initial members were former Law Lords, typically having served as senior judges for at least two years.
Appointments are made by an independent selection commission, with the Lord Chancellor’s approval.
Arguments For and Against the Supreme Court
a. Arguments for Supreme Court Influence
The Supreme Court’s position as the final court of appeal means it handles significant matters.
Declarations of incompatibility pressure the government to act.
Increasing judicial activism shows a greater willingness to challenge the government.
Judicial independence makes it difficult for the government to control the judiciary.
The Human Rights Act enhances the court’s ability to uphold liberties and challenge government actions.
b. Arguments Against Supreme Court Influence
Judges are bound by Parliament’s laws and cannot create laws themselves.
The government can use Parliament to alter laws to suit its needs.
Declarations of incompatibility only recommend changes, not strike down laws.
Courts are reactive, waiting for cases to be brought before them.
Concerns exist about the judiciary’s neutrality and independence due to factors like the judges’ social backgrounds and the Lord Chancellor’s role.
The Human Rights Act is not fully entrenched and could be set aside by governments.
Judicial Review
Judicial review allows the judiciary to assess whether government actions comply with existing laws.
It’s often used in human rights cases, leading to declarations of incompatibility if government actions conflict with the Human Rights Act.
The government is expected to amend actions or legislation following such declarations, although the court cannot compel action.
Judicial review can determine if a government minister or institution has acted beyond its authority (“ultra vires”).
Examples include rulings on life-long sex offender registration and the HS2 high-speed rail link.
Devolution in Scottland
The Scottish Parliament has primary legislative power over areas including education, health, environment, law and order, and local government.
Foreign affairs, defence, and the constitution are excepted powers not controlled by the Scottish Parliament.
The Scottish Parliament has tax-varying powers, able to raise or lower income tax by up to three pence in the pound.
The Parliament controls all areas not specified as excepted powers.
Devolution in Wales
The Welsh Assembly has primary legislative powers over a more limited range of areas than Scotland, including education, health, social services, environment, and local government.
Law and order, foreign affairs, defence, and the constitution are excepted powers not controlled by the Welsh Assembly.
The Welsh Assembly has no tax-varying powers and only controls areas specifically devolved, unlike Scotland.
Devolution in Northern Ireland
The Northern Ireland Assembly has primary legislative powers similar to Wales, also including justice.
Foreign affairs, defence, and the constitution are excepted powers not controlled by the Northern Ireland Assembly.
The Assembly has reserved powers over some areas, including some consumer, medical, and transport matters, which may be transferred in the future, but has no tax-varying powers.
The Assembly controls all areas not specifically excepted or reserved.
Power is shared between parties in the Assembly according to a formula allocating cabinet seats proportionately.
Devolution in England/ West Loathian Question
The West Lothian question refers to the issue that English constituency MPs cannot vote on many matters affecting Scotland, Wales, and Northern Ireland, while Westminster MPs from those regions can vote on matters affecting only England.
This has been partially addressed by allowing a majority of MPs representing English constituencies to veto bills affecting only England.
Powers are being devolved to city-regions, often led by a directly-elected mayor.
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Debates Around Devolution
a. Arguments for Extending Devolution
Devolution has been successful and is accepted by most people in devolved regions.
Extending devolution would address the over-centralization of power in the UK Parliament.
Devolution would better serve regions with strong regional identities, such as Cornwall.
Extending devolution addresses the West Lothian question.
It may make the break-up of the UK less likely.
It could address funding disparities between England and other UK regions under the Barnett formula.
b. Arguments Against Extending Devolution
Extending devolution may lead to fragmented power, causing differences in legislation and confusion.
An English Parliament could reduce the UK Parliament’s role and significance, raising questions about sovereignty.
The West Lothian question may be solved without an English Parliament.
There is little public appetite for an English Parliament.
There may be arguments over which regions would get devolved assemblies.
Giving regional governments more powers may accelerate demands for independence.
Impact of Devolution in the UK
Significant changes have resulted from devolution, such as different tuition fee policies in Scotland compared to other UK regions.
Higher teacher pay in Scotland is another example of the impact of devolution.
Initiatives in childcare and abolished prescription charges in Wales are further examples.
Some describe the UK as having features of a quasi-federal system due to devolution.
Devolution is well-established due to factors such as referendums, increased demands for more powers, the rise of the SNP, alliances of pressure groups, and gradual power transfers.
How is Legislation Passed in the UK
First reading: The bill is introduced without debate or voting.
Second reading: A full debate occurs; the bill can be defeated here.
Committee stage: Detailed consideration by a public bill committee (around 18 MPs) or the whole chamber. Amendments can be made.
Royal Assent from the monarch makes the bill an Act.
Advantages and Disadvantages of FPTP
Advantages of FPTP
Voters have a clear choice between parties with distinct platforms.
It establishes a constituency link between MPs and voters, ensuring representation.
Winning parties can implement their manifestos without coalition compromises.
It leads to strong, stable, single-party governments that can effectively govern.
Extremist parties are less likely to gain significant influence.
Disadvantages of FPTP
FPTP is disproportionate: the percentage of seats won doesn’t reflect the percentage of votes received.
This is considered undemocratic.
It creates many safe seats and results in wasted votes.
Governments can win with less than half the popular vote, lacking broad support.
It limits checks and balances on government power, allowing easy passage of legislation.
Small parties are underrepresented.
FPTP: Constituency Representation and Tactical Voting
MPs can be elected with small vote proportions if they win the most votes.
In 2015, Belfast South was won with a record-low percentage of the total vote.
It’s common for MPs to be elected with less than half their constituency’s support.
FPTP encourages tactical voting, where voters may choose a less preferred candidate to prevent a disliked candidate from winning.
Arguments For and Against EU’s Sucess
a. Arguments for the EU’s Success
The single market has boosted the EU’s economy, promoting trade and prosperity.
The EU has improved workers’ rights in various areas.
The EU has fostered political union and cooperation, contributing to a long period of peace in Europe.
The EU’s continued growth and expansion, with many countries seeking membership, indicates its success.
b. Arguments Against the EU’s Success
Economic difficulties in the Eurozone have damaged confidence in the monetary union.
The free movement of people has caused controversy, particularly during the 2015 refugee crisis.
Resistance to increased political union exists due to concerns about bureaucracy and the lack of democratic accountability in EU institutions.
The UK’s departure from the EU in 2016 suggests potential dissatisfaction among member states.
EU Role in policy making
Treaties, negotiated by the European Council and voted on by the European Parliament, establish the EU’s powers and structure.
Directives set goals for member states to achieve through their own laws.
Regulations are binding rules that member states must adopt immediately.
The European Council initiates legislation by setting an overall aim.
The European Commission proposes specific laws.
The Council of the EU and European Parliament decide on law adoption.
The European Council and Commission implement laws, and the Commission can take non-compliant member states to the European Court of Justice.
EU’s impact of UK political system
The EU heightened the profile of the Prime Minister due to attendance at European Council meetings.
The EU also raised the profile of the Foreign Secretary and other ministers involved in EU negotiations.
Ministers often rely on civil servants working for the EU (COREPER).
A committee on European affairs coordinates UK policy towards the EU.
The UK Parliament examines EU laws, but the volume of legislation poses challenges.
Some EU-affected policies are devolved to regional institutions, requiring consultation with devolved governments.
Pros vs Cons of the EU
Critics argue that EU membership led to a loss of national sovereignty, border control issues, restricted trading opportunities, and a transfer of policy control to the EU.
Supporters contend that the EU strengthens the UK through pooled sovereignty, provides important worker rights and product safety standards, and boosts prosperity through the single market.
What is Single Transferable Vote and pros and cons
STV is used in Northern Ireland and some Scottish local governments. It’s a multi-member constituency system where voters rank candidates. Candidates are elected if they reach a quota (
seats+1
total votes
+1 . Surplus votes are transferred in multiple rounds until all seats are filled.
b. STV Advantages
STV can be highly proportional, encourages competition within parties, and provides multiple representatives.
c. STV Disadvantages
Proportionality can vary, strong single-party governments are unlikely, and intra-party competition can be divisive.
What is Additional member system and pros and cons
a. Additional Member System (AMS)
AMS, used in Scotland and Wales, uses two votes: one for a constituency representative and one for a party list. Constituency winners are determined by plurality. Regional seats are allocated proportionally based on a formula.
b. AMS Advantages
AMS balances constituency representation with proportionality, allows for strong single-party governments, and offers more voter choice.
c. AMS Disadvantages
High proportionality is unlikely. It creates two classes of representatives, and larger constituencies can reduce the effectiveness of representation.
What is party list and pros and cons
a. Party List
Party List systems, used in EU Parliament elections, require voters to choose a party rather than a candidate. Seats are allocated proportionally to the votes cast and filled from party lists (closed or open).
b. Party List Advantages
Party List is the most proportional system, promotes regional unity, and increases minority representation.
c. Party List Disadvantages
It can lead to weak governments, give extremist parties influence, and weaken the constituency link.
What is Alternative Vote and pros and cons
Alternative Vote (AV)
AV, used in some Scottish local elections, ranks candidates by preference. If no candidate gets over 50% of first preferences, the bottom candidate is eliminated, and their votes are redistributed until a candidate reaches 50%.
b. AV Advantages
AV reduces wasted votes and ensures the winner has broader support.
c. AV Disadvantages
The outcome can be influenced by extremist preferences, and the winner might be the “least unpopular” candidate.
What is Supplementary Vote and pros and cons
a. Supplementary Vote (SV)
SV, used in London mayoral elections, has voters rank candidates as first and second choices. If no candidate gets over 50% of first preferences, the top two candidates proceed to a second round using second preferences.
b. SV Advantages
SV is easy to understand, reduces wasted votes, and encourages consensus campaigning.
c. SV Disadvantages
The winner might not have over 50% support, and voters may prioritize supporting a major party candidate as their second choice.
