Unit 2 content summary

Question 1

Introduction to Devolution

Answer 1

• When and Why: Devolution was introduced by the Labour Party in its 1997 manifesto following a landslide victory. Referendums were held in Scotland, Wales, and Northern Ireland (part of the Good Friday Agreement) with majority support.
• Goals: Address nationalist sentiments, provide greater local democracy, and improve public services.

Question 2

Development of Devolution by Region

1. Scotland

Answer 2

• Legislation: Scotland Act 1998; additional powers via Scotland Acts of 2012 and 2016.
• Powers: Significant control over health, education, and taxation – service devolution (can set income tax rates). Control over its own parliamentary functions. - fiscal devolution
• Holyrood – raises 60% money spent – increased income tax rates – 2% higher than the rest of the UK – changing policy to fit their voters
• Sewel Convention: This convention asserts that the UK Parliament will not legislate on devolved matters without the consent of the relevant devolved parliament. This was codified in the Scotland Act of 2016.
• Key constitutional powers – controls its own composition and electoral systems – can only be abolished by a referendum, permanent part of the UK constitution
• Recent Developments: Supreme Court ruling (2022) stated Holyrood cannot legislate for a second independence referendum without Westminster’s consent.
• Scotland: 11% above average
  Scotland: Tuition fees for home students were scrapped, resulting in zero fees.
• Devo Max: Short for “maximum devolution,” this term refers to a proposal for giving the Scottish Parliament extensive powers, potentially even rivaling those of a sovereign nation-state, aside from foreign affairs and defense.

Question 3

5

Wales

Answer 3

• Initial Powers: Began with limited powers; the 1997 referendum resulted in only a slim majority (50.5%).
• Legislation: 2011 referendum led to the transfer of primary legislative powers, with changes outlined in the 2017 Wales Act.
• Current Powers: Control over health, education, and environment, but lacks law and order powers.
• Wales: 6% above average
  Wales Referendum for Primary Legislative Powers (2011): 64% approval rate.
  Welsh Parliament Election (2021): Turnout was 46.6%.
• Wales: Tuition capped at £9,000 per year, plus a £1,000 grant for living costs.

Question 3

5

Northern Ireland

Answer 3

• Devolution introduced via the Good Friday Agreement in 1998 as part of peace efforts.
  Power-Sharing: Required collaboration between nationalist and unionist leaders, leading to fragile government stability.
• Current Context: Government suspended since February 2022 due to territorial disputes between political parties.
• Northern Ireland: 14% above average
• In Northern Ireland, Sinn Féin emerged as the largest party following the 2022 elections, highlighting dynamic shifts in political power
• Northern Ireland: Tuition fees capped at £4,630 per year.

Question 4

England

Answer 4

• Unique Nature: No devolved parliament; has city mayors and regions with varying devolution arrangements (e.g., Greater Manchester).
• Devolution Hurdles: Proposals for regional assemblies largely rejected by public votes (e.g., Northeast referendum, 2004).
• Public Spending per Person (2021):
  UK Average: £13,414
  England: 2% below average
  England: £9,250 per year for home students.

Question 5

Overall Notes on Devolution

Answer 5

Barnett Formula: Determines funding allocations for devolved bodies; inequalities in funding have sparked debate about its fairness.

COVID-19 Impact: Devolution made governance differences visible as regions managed pandemic responses independently, leading to heightened tensions.

Question 6

Policy Differences

Answer 6

• Education:
  England: Up to £9,250 tuition fees.

Scotland: No tuition fees for home students.

Wales: Tuition capped at £9,000 plus grants; Northern Ireland: £4,630 cap.

• Health: England has prescription charges; Scotland and Wales do not. Greater Manchester has more integrated healthcare approaches due to devolved powers.
• West Lothian Question: A political dilemma arising from the asymmetry of devolution, which questions why Members of Parliament (MPs) from Scotland, Wales, and Northern Ireland can vote on matters that affect only England when English MPs have no equivalent power in devolved regions.

Question 7

Has Devolution Been a Success?

Answer 7

Arguments for Success: Enhanced democratic representation and tailored local governance.

Counterarguments: Possible erosion of parliamentary sovereignty, variable political engagement, and disparities in citizen services.

Question 8

Potential Further Reforms

Answer 8

Further Devolution: Call for more powers in Wales and Northern Ireland; discussions about an English Parliament to address the asymmetry of devolution.

Regional Assemblies: Suggested for better local representation but met with public skepticism.

Question 9

4

Nature of the Constitution

Answer 9

• Uncodified: Unlike the U.S., the UK Constitution is not consolidated in a single document, comprising various sources instead.
• Unentrenched: Changes can be made easily through a simple majority in Parliament, unlike entrenched systems requiring supermajorities.
• Unitary System: Traditionally centralized in Parliament, though evolving with devolution has raised questions about its unitary nature.
• Twin Pillars: A.V. Dicey’s theory identifies Parliamentary Sovereignty (Parliament’s supremacy and ability to legislate on any matter) and the Rule of Law (no one is above the law) as foundational principles.

Question 10

5

Historical Development of the Constitution

Answer 10

• Magna Carta (1215): Established due process and the foundation for the rule of law.
  Bill of Rights (1689): Introduced parliamentary sovereignty and promoted democratic elections.
• Act of Settlement (1701): Fixed the royal succession to democratize power further.
  Acts of Union (1707): Unified England and Scotland under one Parliament.
• Parliament Acts (1911/1949): Limited the House of Lords’ power, enhancing the House of Commons’ influence.
• European Communities Act (1972): Integrated EU law into UK law, diminishing parliamentary sovereignty.
• UK Withdrawal Agreement (2020): Ended EU jurisdiction over UK law, reaffirming parliamentary authority.

Question 10

5

Key Sources of the Constitution

Answer 10

• Treaties: International agreements like the European Convention on Human Rights define obligations and can influence domestic law.
• Statute Law: Acts of Parliament form the most significant constitutional source. Changes can be enacted quickly and reflect current public sentiment.
• Authoritative Texts: Key texts, though not legally binding, outline constitutional principles and guide political behavior, for example A.V. Dicey’s work on parliamentary sovereignty.
• Common Law: Legal precedents set by court decisions can shape constitutional understanding, such as the presumption of innocence.
• Conventions: Established practices not enshrined in law, like the requirement for Royal Assent, are typically followed but not legally enforceable. They provide flexibility but may lead to disputes if challenged.

Question 10

Recent Development/Key Constitutional Issues

Answer 10

• The decreasing parliamentary sovereignty in favor of devolved authorities and EU oversight (prior to Brexit).
• Issues surrounding the 2020 suspension of Parliament by Boris Johnson, which was ruled unlawful by the Supreme Court, thereby reinforcing the accountability of the Government to Parliament.
• The impact of the Human Rights Act allowing judicial review of parliamentary legislation, raising the specter of legislative sovereignty versus judicial authority.
• These developments have sparked discussions on whether the UK is shifting towards a federal system, given the permanence of devolved governments in Scotland, Wales, and Northern Ireland.

Question 11

Individual Ministerial Responsibility (IMR)

Key Concepts

Answer 11

• IMR focuses on the accountability of individual ministers for their department’s performance and their personal conduct. Two core tenets are:
• Responsibility for Departments: Ministers must answer for their departments’ policies and actions.
• Personal Conduct: Ministers are expected to maintain high ethical standards. Failure to do so can lead to resignation.

Question 12

IMR Key Statistics and Figures

Answer 12

• Nolan Principles (1994): Established key expectations for ministers: leadership, honesty, accountability, openness, selflessness, integrity, and objectivity.
• The Ministerial Code: Codifies IMR and lays out expectations, though it is not legally binding.

Question 13

Examples of IMR

Answer 13

• Estelle Morris (2002): Resigned as Secretary of State for Education when her department failed critical literacy targets.
• Amber Rudd (2018): Resigned after misleading Parliament regarding deportation targets.
• Nadine Zahawi (2023): Resigned for failing to disclose tax inquiries when appointed Chancellor.

Does IMR Still Apply?

• IMR’s importance has waned, particularly under Boris Johnson’s leadership, with the 2022 revisions to the Ministerial Code permitting public apologies over resignations. Critics argue that this erosion signifies weakening conventions.

Question 14

Collective Ministerial Responsibility (CMR)

Key Concepts

Answer 14

• CMR mandates that all members of the Cabinet must publicly support government decisions. It aims to promote cabinet unity and reinforces the idea that the government speaks with one voice. The Prime Minister enforces CMR, holding power to dismiss ministers who publicly dissent.
• Examples of CMR

Robin Cook (2003): Resigned as leader of the House over the Iraq War, showcasing adherence to CMR by refusing to endorse a policy he disagreed with.

Lord Wolfson (2022): Resigned over the government’s disregard for laws during the PartyGate scandal.

Question 14

CMR Limits and Exceptions

Answer 14

• CMR can be suspended, such as during:

Free Votes: Ministers can vote against party lines on sensitive issues.

Coalition Governments: Ministers may abstain on divisive issues to maintain party cohesion, as seen in the 2010 coalition government.

Referendums: Separate campaigning permissions may be granted to avoid government disunity.

• Does CMR Still Apply?

Despite some deviations, CMR generally holds significance, particularly under strong Prime Ministers. Its flexibility, as evidenced by exceptions in coalitions and free votes, may reinforce its relevance rather than suggesting its decline.

Question 15

Creation, Role, and Composition of the Supreme Court

Answer 15

• Creation: Established by the Constitutional Reform Act of 2005; operational from October 2009, transitioning from being part of the House of Lords. It aimed to enhance judicial independence and create a clear separation of powers.
• Role: Final court of appeal for UK-wide cases, especially for significant constitutional matters and for determining if the government acted ultra vires (beyond its powers).
• Composition: Comprises 12 justices. Composition is criticized for lack of diversity—predominantly male, white, and Oxbridge-educated. Justices must hold qualifications of at least 15 years in law.

Question 16

Judicial Neutrality

Answer 16

• Definition: Judges’ decisions should be free from personal biases or political influences.
• Safeguards: Anonymity of judges, ban on campaigning, and requirement for decisions to be justified legally.
• Criticism: Limited representation among justices can impact neutrality; significant cases (e.g., Brexit) raise concerns about perceived bias.

Question 17

Judicial Independence

Answer 17

• Definition: Judges need to be free from government influence.
• Safeguards: Judges have security of tenure until the age of 70, salaries protected from government manipulation, appointed through an independent selection process, and physically separated from Parliament. Recent cases, especially around Brexit, challenge this independence due to increased media scrutiny and criticism.

Question 17

Interpretation of the Human Rights Act

Answer 17

• Role: The Supreme Court interprets legislation for compatibility with the Human Rights Act (HRA). While it can declare incompatibilities, it lacks the power to compel Parliament to change legislation.
• Arguments: The court has significant persuasive powers, prompting Parliament to amend laws in response to declarations of incompatibility.

Question 18

Judicial Review of the Government ‘Ultra Vires’

Answer 18

• Definition: Judicial review allows the court to nullify government actions that exceed legal authority.
• Examples of Judicial Review:

2019 Prorogation Case: The Supreme Court ruled Boris Johnson’s suspension of Parliament unlawful, underscoring the court’s role in preserving parliamentary sovereignty.

Article 50 Case: Clarified that government can’t trigger the Brexit procedure without parliamentary approval.

Scottish Independence Case: Determined that the Scottish Parliament lacked the power for a unilateral referendum.

Question 18

Key Terms, Figures, and Dates

Answer 18

• Key Terms: “Ultra Vires”, Judicial Independence, Judicial Neutrality, Constitutional Reform Act, Declarations of Incompatibility.
• Key Figures: Tony Blair (Labour PM during the Act’s passing), Lord Robert Reed (current President of the Supreme Court).
• Key Dates:

2005: Constitutional Reform Act passed.

2009: Supreme Court commenced operations.

2019: Significant cases related to prorogation and Brexit decisions.

By understanding these critical elements, students can prepare effectively for their A-level Politics assessments on the Supreme Court and its function in UK governance.

Question 19

Has the Supreme Court Become Increasingly Politicized?

Answer 19

- Arguments For: The court’s role in high-profile political cases (like Brexit) appears to draw it into politics, raising concerns over its neutrality. - Arguments Against: Judicial processes have become more transparent since reforms; the court continues to function within its role upholding law over politics, ensuring government accountability.

Question 20

Introduction to Sovereignty

Answer 20

- Definition: Sovereignty refers to the ultimate authority in the political system through which power is exercised. It is deemed indivisible and is recognized as the source of all other powers. - Types of Sovereignty: Legal Sovereignty: Acts as the formal authority granted by law and traditionally rests with the UK Parliament. Political Sovereignty: Reflects the authority vested in the people, from whom legal authority emanates through elections.

Question 20

Parliamentary Sovereignty

Answer 20

Key Characteristics: - Parliament is the supreme legal authority, able to create or end laws. - No Parliament can bind its successors, and legislation is not entrenched. - Established by legal theorist A.V. Dicey in 1885, emphasizing the importance of Parliament in the UK Constitution. - Limitations: In theory, Parliament is sovereign, but in practice, this sovereignty can be challenged.

Question 21

How Sovereignty Has Moved

Answer 21

- Impact of the EU: Prior to Brexit, the EU’s legal system limited UK Parliament’s sovereignty, as EU law took precedence over national legislation due to the European Communities Act of 1972. Example: The Factortame case demonstrated the supremacy of EU law when UK laws conflicted. - Devolution: Since 1997, devolved bodies in Scotland, Wales, and Northern Ireland have been granted authority over certain legislative areas, leading to a shift in legal sovereignty. - Referendums: Increasing use of referendums has led to a notion that Parliament should consult the people for major constitutional changes, enhancing popular sovereignty. - Judicial Effects: The Human Rights Act (1998) has allowed courts to assess legislation against human rights standards, influencing parliamentary sovereignty indirectly.

Question 22

Where Sovereignty Now Lies in the UK

Answer 22

Current Dynamics: - Parliament: Remains legally sovereign, but its powers can be challenged by devolved administrations and the judiciary. - Executive Power: Often described as an “elective dictatorship,” the executive can control Parliament’s agenda, persuading some to argue that true sovereignty lies with the government. - Devolved Authorities: The Scottish, Welsh, and Northern Irish Parliaments possess significant powers, yet their sovereignty is limited by the overarching authority of the UK Parliament. - Public Referendums: Recent trends indicate scenarios where the public may exercise legal sovereignty over constitutional changes.

Question 23

Introduction to the EU

Answer 23

- The EU originated as a coal and steel pact between six countries in 1950 to promote peace. The 1957 Treaty of Rome established the European Economic Community (EEC), a trading bloc. - The UK joined the EEC in 1972, opted out of the monetary union. - The EEC became the single market with Four Freedoms in 1986. - The 1992 Maastricht Treaty aimed for political and monetary union (with the Euro). - The 2007 Lisbon Treaty furthered political union with a permanent president and a foreign policy minister.

Question 24

Policy Areas Controlled by the EU

Answer 24

- Exclusive competence: trade, customs, tariffs, and competition policy. - Shared control: immigration, agriculture, fishing, environmental policy, regional development, social and employment policy, and parts of foreign security policy. - Member state control: taxation, national defense, education, health, and social security.

Question 25

Key Aims of the EU

Answer 25

Achieving Peace: - Fosters cooperation and economic interdependence, making war less likely. The Four Freedoms: - Free movement of goods, services, people, and capital. Schengen agreement (1995): UK and Ireland opted out. - Border restrictions introduced by some member states due to the 2015 migration crisis and COVID-19 pandemic. - Rising Euroscepticism due to free movement, especially from poorer Eastern European nations to richer Western European nations. Political and Economic Union: - Economic and monetary union aimed to facilitate trade and travel. - The Euro was introduced in 1999. - By 2014, 19 states were in the Eurozone (Britain and Denmark opted out). - Tensions arose after the 2008 financial crash and during COVID-19. Political Union: - Includes institutions like the European Commission, Parliament, Court of Justice, and Council. Some institutions are supranational. - The European Council is the key decision-making body (intergovernmental). - Veto power is steadily reduced, leading to a decrease in national sovereignty. - Moves towards a common foreign and security policy. - Increasing Euroscepticism hinders further political union.

Question 26

Brexit Overview The Referendum

Answer 26

- Growing Euroscepticism in the early 2010s, with support for UKIP. - David Cameron promised a Brexit referendum in 2015. The Conservative party won the election. The referendum was held on June 23, 2016. 52% voted to leave. - Cameron resigned.

Question 26

Brexit overview post referendum

Answer 26

- Theresa May formed a new government and triggered Article 50 in December 2016. - May called an election in June 2017, losing the majority. May struggled to negotiate a Brexit deal. - Boris Johnson replaced May in the summer of 2019. Johnson's deal was passed in late December 2019. - Britain left the EU on December 31, 2020.

Question 27

Increased Parliamentary Sovereignty

Answer 27

- No higher court: No higher court can strike down laws passed by the UK Parliament. - Parliament can legislate: Parliament can now legislate on issues the EU used to control (e.g., trade, agriculture). - Retained EU law: The government intends to remove the special status of retained EU law. Court Cases: - Article 50 case: Confirmed Parliament's consent was needed to leave the EU. - 2019 Prorogation case: Reaffirmed the sovereignty of Parliament. - 2018 Legal Continuity Scotland Bill case: Control over legislation related to devolved matters should be retained by the UK Parliament.

Question 28

Limited Parliamentary Sovereignty

Answer 28

- Northern Ireland: Remains aligned with EU law in some areas (e.g., the Northern Ireland Protocol). - Executive control: Much control has been gained by the executive rather than Parliament. - Lost pooled sovereignty: The UK lost its greater global influence through pooled sovereignty. - UK breakup: Brexit has arguably increased the chances of Scotland or Northern Ireland becoming independent.

Question 29

Key PM and Cabinet takeaways

Answer 29

- The Prime Minister's selection of ministers is influenced by competence, authority, loyalty, ideological balance, and diversity. - The Prime Minister's power over the Cabinet is affected by their management skills, the Cabinet's role in decision-making, and the political context. - Key debates include the extent of presidentialization and the Prime Minister's ability to dominate the Cabinet.

Question 30

# 2 Presidentialization of the Prime Minister

Answer 30

Arguments for Presidentialization: The Prime Minister: - Behaves like a head of state in foreign policy and emergencies. Example: Tony Blair and the Iraq War. - Uses the media to develop personal popularity. - Relies on non-elected advisors. Distances themselves from the rest of government and their party. Example: Boris Johnson in the 2019 election. Counterarguments: The Prime Minister: - Is accountable to the legislature and party. - Still relies on the Cabinet. - Is limited by events and a divided party.

Question 30

# 5 Selecting the Cabinet

Answer 30

- Individual Competence and Experience: Ministers with relevant experience and specialist knowledge are often chosen. Example: Jeremy Hunt as Chancellor. - Establishing Authority: Prime Ministers may remove ministers and replace them with allies to assert their authority. Example: Liz Truss removing Johnson's cabinet members. - Loyalty and Political Reliability: Loyalty is crucial to ensure ministers support government policy. Example: Boris Johnson removing Julian Smith for lack of loyalty. - Ideological Balance: Prime Ministers often balance the Cabinet ideologically to maintain party unity. Example: Theresa May appointing both Brexiteers and Remainers. - Direct Representation and Diversity: Ensuring the Cabinet represents the population in terms of gender and ethnicity is important. Example: Blair appointing Britain's first female Home Secretary.

Question 31

# 3 Factors Affecting the Relationship between the Prime Minister and the Cabinet

Answer 31

- Prime Minister's Management: An effective Prime Minister uses patronage to shape their team, marginalizing challenges. Example: Thatcher's removal in 1990 due to poor cabinet management. Agenda Setting: The Prime Minister chairs cabinet meetings and sets the agenda. Example: Theresa May preventing a vote on a no-deal Brexit. - Cabinet's Role in Decision-Making: The Cabinet's role has been increasingly marginalized: Cabinet Committees and Informal Groups: Prime Ministers use smaller forums to make decisions. Example: Blair and Brown's negotiations. Special Advisors: Special advisors have significant power. Example: Dominic Cummings. Growth of Downing Street: Downing Street has increased support, allowing the Prime Minister to have more control. - Political and Party Context: Key factors include: Government's Majority: A large majority strengthens the Prime Minister's power. Example: Blair's control. Prime Minister's Popularity and Electoral Prospects: Popularity influences control. Example: Thatcher's rise and fall. Party Unity: Unified parties are easier to manage. Example: Theresa May's divided party. Wider Political and Economic Situation: Crises and economic conditions influence the Prime Minister's power.

Question 32

Can the Prime Minister Dominate the Cabinet?

Answer 32

Arguments for Dominance: The Prime Minister: - Has decreased the Cabinet's role in decision-making. - Uses the media to develop personal popularity. - Uses patronage. Arguments against Dominance: The Cabinet: - Can cause the Prime Minister's downfall. - Collective ministerial responsibility is often limited. - The Prime Minister still relies on the Cabinet. The Cabinet is important in a crisis. - The Prime Minister must recognize powerful ministers.

Question 33

Case Studies of Prime Ministers

Answer 33

- Margaret Thatcher: Key policies and achievements included weakening trade unions, privatization, and economic changes. Failures included unpopular policies and sidelining the cabinet. Strengths included conviction and a dominant personality. Weaknesses included sidelining the cabinet. - Tony Blair: Achievements included the Good Friday Agreement and constitutional reforms. Failures included the Iraq War. Strengths included party unity and media projection. Weaknesses included marginalizing the Cabinet and the influence of Gordon Brown. - David Cameron: Achievements included social policies and bringing the UK out of recession. Failures included the EU referendum and austerity. Strengths included uniting the coalition. Weaknesses included internal divisions and the constraints of the coalition.

Question 34

Labour and the Constitution takeaways

Answer 34

- New Labour Reforms: Focused on democratization, decentralization, restoration of rights, and modernization. Key reforms included House of Lords reform, the Human Rights Act, and electoral reform. - Coalition Reforms: Included the Fixed-term Parliaments Act, reforms to the line of succession, and local referendums. Electoral reform (AV referendum) was rejected. - Post-2015 Reforms: Significant changes include further devolution to Scotland, Brexit, English Votes for English Laws (EVEL), and the Recall of MPs Act. - Codification Debate: Centers on whether the UK Constitution should be written down in a single document and made more difficult to amend.

Question 35

New Labour Constitutional Reforms

Answer 35

- Reasons for Reform: Growing support for the Liberal Democrats, national movements in Scotland and Wales, and a desire to appear modern and democratic. - Principles: Democratization, decentralization, restoration of rights, and modernization.

Question 36

House of Lords Reform

Answer 36

Reforms Introduced: The House of Lords Act 1999 removed most hereditary peers, reducing their numbers significantly. Life peers were introduced. - Arguments for: Undermined the hereditary basis, made the Lords more professional and able to constrain executive power. - Arguments against: Stage two of the reform (elected second chamber) was not implemented, and the House of Lords remains undemocratic. Further Reform Debate: Debate continues over replacing the House of Lords with an elected chamber. - Arguments for: Democratic legitimacy, more effective scrutiny, and better representation. - Arguments against: Risk of gridlock, loss of expertise, and focus on party politics. Keir Starmer's Proposal: Abolish the House of Lords and replace it with a new, democratically elected second chamber.

Question 37

Human Rights Act

Answer 37

Reforms Introduced: The Human Rights Act 1998 incorporated the European Convention on Human Rights into UK law, allowing rights to be defended in UK courts. - Arguments for: UK developed a rights-based culture, all legislation must be compliant with the act, and judges can declare acts incompatible. - Arguments against: Gives unelected judges too much power, is not entrenched, and can be repealed by Parliament. The government can proceed with legislation even if it is incompatible with the HRA. Further Reforms: A British Bill of Rights has been proposed by the Conservative Party.

Question 37

Devolution

Answer 37

Reforms Introduced: Devolution to Scotland, Wales, Northern Ireland, and the Greater London Authority. - Arguments for: Improved democracy, reduced parliamentary sovereignty, and helped restore peace in Northern Ireland. - Arguments against: Initial limited powers in Wales, increased tensions, and asymmetric devolution. Further Reforms: Further powers for Scotland, Welsh independence, and potential for English devolution.

Question 38

Electoral Reform

Answer 38

Reforms Introduced: Introduction of proportional representation systems in devolved assemblies (Scotland, Wales, London, Northern Ireland). - Arguments for: More proportional electoral results and better representation of smaller parties. - Arguments against: First Past the Post (FPTP) was retained for UK parliamentary elections. Further Reforms: Arguments for a more proportional system for UK Parliament elections. Arguments against include the rejection of the AV referendum and the benefits of FPTP. - Likelihood of Further Reform: Very unlikely due to support for FPTP by both Conservative and Labour parties.

Question 39

Supreme Court

Answer 39

Reforms Introduced: Creation of the Supreme Court in 2009, separating the judiciary from Parliament and reducing the Lord Chancellor's powers. - Arguments for: Brought the UK in line with Europe, increased judicial independence, and improved the rule of law. - Arguments against: The Supreme Court cannot strike down laws, and parliamentary sovereignty remains intact. Further Reforms: The Supreme Court has become increasingly politicized, but further reforms are unlikely.

Question 40

Other Minor Constitutional Changes

Answer 40

- Freedom of Information Act: Improved transparency and allowed access to government information. - House of Commons Reforms: Minor changes to make the House of Commons more family-friendly.

Question 41

Constitutional Reforms Since 2010 and overview of Coalition Reforms

Answer 41

- Coalition Government: The Conservative party traditionally opposed constitutional reform, while the Liberal Democrats supported it. - Reforms Passed: Fixed-term Parliaments Act, more powers to backbenchers, EU Act (referendum on transferring powers), changes to the line of succession, local referendums, and devolution referendums. - Reforms Blocked/Abandoned: Alternative Vote (AV) referendum, House of Lords reform, reducing the number of MPs, and commissions on reform of the HRA and the West Lothian question.

Question 42

Fixed-term Parliaments Act

Answer 42

- Impact: Removed the Prime Minister's prerogative to call snap elections. - Effectiveness: Largely ineffective, as governments could still force elections. - Repeal: Repealed by Boris Johnson's government in 2022.

Question 43

Further Devolution to Wales

Answer 43

- 2011 Referendum: Wales gained primary legislative control over devolved areas. - Silk Commission: Led to the 2014 Wales Act, giving Wales more control over taxes and other areas.

Question 43

Legislative Key Takeaways

Answer 43

- The parliamentary legislative process consists of multiple stages, from consultation to royal approval. - Bills are divided into public and private bills, as well as government bills and private parliamentarian bills. - The House of Lords mainly improves the bill through technical amendments and has certain powers of deferral. - The House of Commons has exclusive powers, such as calling a vote of no confidence and passing fiscal legislation. There is debate in the House of Commons on legislative, scrutiny, and non-legislative powers.

Question 44

# 5 Reforms Undertaken Since 2015

Answer 44

Further Devolution to Scotland - Scotland Act 2016: Gave the Scottish Parliament further powers, particularly in tax rating (fiscal devolution). - Impact: Reduced UK Parliament's sovereignty and increased the strength of the West Lothian question. Brexit - Impact: The most significant constitutional change in decades, leading to the UK leaving the EU and gaining substantial sovereignty. English Votes for English Laws (EVEL) - Impact: Allowed English MPs to veto legislation affecting only England. - Criticism: Created two tiers of MPs and was scrapped by Boris Johnson's government. Recall of MPs Act 2015 - Impact: Provided a legal means for voters to remove scandalous MPs. - Effect: Triggered by-elections if MPs are sentenced to a custodial sentence or suspended for more than 21 days. Section 35 - Impact: The UK government can block a bill from a devolved body if it believes it will have an adverse impact on the UK. - Significance: First time used in 2023 to block Scotland's gender reform

Question 44

Codification and Entrenchment of the Constitution

Answer 44

- Uncodified and Untrenched: The UK Constitution is not written in a single document and can be changed with a simple Act of Parliament. - Coalition Government's Role: The coalition government's actions can be used as evidence for and against codification. - Arguments for Codification Better checks on the executive, public engagement in politics, and bringing Britain into line with other democracies. Protection of rights, particularly with a British Bill of Rights. The role of judges as neutral interpreters of the Constitution. Recent events such as Brexit, which highlighted the need for a clearer constitution. - Arguments Against Codification Flexibility of the uncodified constitution, its ability to deal with emergencies, and its ability to produce strong governments. Conventions are an effective part of the UK's uncodified Constitution. Codification would increase the power of judges. The Human Rights Act effectively protects rights. Codification would be a complex process. Recent events show the dispersion of power in Britain.

Question 45

# 6 Legislative Process - Types of Bills

Answer 45

- Public Bills: Bills that affect the entire public, including government bills and private member bills. - Private Bills: Bills that only affect specific organizations or individuals. - Government Bills: Bills proposed by the government aimed at fulfilling the government’s agenda. - Private Members' Bills: Bills introduced by backbenchers, with three methods of introduction: - Ballot: The most likely method of success. - 10-Minute Rule Bills: Members can advocate for a new bill within ten minutes. Presentation: Members only introduce the bill, which rarely succeeds.

Question 46

# 3 Steps for a Bill to Become Law

Answer 46

- Consultation Stage: Includes green papers and white papers. House of Commons Stages: - First Reading: The bill is formally introduced. - - Second Reading: Debate on the principles of the bill. - Committee Stage: Detailed examination and amendment. - Report Stage: Members propose amendments and vote. - Third Reading: - Comprehensive review and vote for approval or rejection. House of Lords Stages: The process is similar to that of the House of Commons. If the House of Lords proposes amendments, the House of Commons can reject them, which may lead to Parliamentary ping pong. Royal Assent: The bill is finally approved.

Question 47

The role of the Houses of Parliament in legislation

Answer 47

- House of Lords: The main role is to provide technical amendments and improve bills.In certain cases, to raise objections to bills. Generally accepts amendments from the House of Commons, recognizing their democratic legitimacy. - House of Commons: Has the final decision-making power and can use parliamentary procedures to force through bills.

Question 47

Limitations on the powers of the House of Lords and Commons

Answer 47

- Salisbury Convention: The House of Lords should not obstruct bills that fulfil government election pledges. - Parliament Acts: The Parliament Acts of 1911 and 1949 limited the powers of the House of Lords, preventing it from vetoing finance bills, and reducing its delaying power on other bills to one year. - Secondary Legislation: Authorises ministers to make further changes or regulations after a law comes into force. Carried out through statutory instruments, with limited parliamentary scrutiny. - Reduction in the scrutiny of legislation in the House of Commons - Time for MPs to debate legislation in the House of Commons has decreased. The number of oral evidence sessions in the committee stage has decreased Pre-legislative scrutiny has decreased.

Question 48

The exclusive powers of the House of Commons

Answer 48

- Initiate votes of no confidence to remove the government. - Maintain minority governments through confidence and supply agreements. - Enforce legislation, such as invoking the 1949 Parliament Act. - Pass financial and declaration legislation.

Question 49

Main powers of the House of Lords

Answer 49

- Force general elections after five years. - Review and revise legislation, especially when the government legislates hastily. - Delay non-financial legislation Increasing influence of the House of Lords - Become more representative. -Act as a guardian of civil liberties. - Be more independent from the executive, effectively conducting scrutiny.

Question 49

# 4 Power Debate between the House of Commons and the House of Lords - Legislative Power:

Answer 49

- The House of Commons is stronger, as it can force through bills using parliamentary bills and is constrained by the Salisbury Convention and parliamentary bills. - The House of Lords can sometimes play an important role, but generally yields to the House of Commons. - Scrutiny: The House of Lords is stronger in scrutiny as it has expertise and more time and energy for line-by-line examination. The House of Commons provides non-legislative scrutiny through select committees, ministerial questioning, and debates. - Non-legislative Powers: The House of Commons has the power to initiate votes of no confidence and to sustain a minority government. The House of Lords has the power to compel a general election after five years.