Unit 2 quick notes Flashcards

Question

# 4 PMs stronger with:

Answer 1

- Large majorities (Blair 178 in 1997). Thatcher 1983 - 144, 1987 - 102 could easily pass with little issue) - Personal popularity (“prime ministerial coattails”). - Patronage powers – appointments, reshuffles. Example: Johnson’s 2019 reshuffle.

Answer 2

- Cabinet revolts (Robin Cook on Iraq, May's Brexit ministers). - Internal factions dominate (Brexiteers vs Remainers). - Lacking majority or under confidence and supply (May). - Powerful individual ministers (e.g., Badenoch calling out Tory donor in 2024).

Answer 3

- “Golden age” of Cabinet government (Clarke): post-New Labour centralisation. 2010 - 'Golden age' of cab gov - having been 'dead as a dodo' under New Lab (Ken Clarke) - Cab had new roles it hadn't had before since ww2 1960S- Primus inter pares - first amongst equals, dom figure in gov, not in complete control of Cabinet 2010 - - Prime ministerial gov- Complete dom of gov by PM- Cabinet rubber stamp when legitimising decisions, not genuine forum for debate, - Coalition era (2010–2015): more balance with Clegg, Osborne, etc. - Select committees, Urgent Questions, and Question Time increase accountability.

Answer 4

- Davis questioned on Brexit (Dec 2017). - Rudd on Windrush (2018). - Raab resigned (2023) after bullying probe. - Estelle Morris resigned for failing literacy targets (2002).

Answer 5

- Ministers openly disagreed with PMs (e.g., May's Cabinet on Brexit). - PMs blocking ethics investigations (Johnson & Geidt). - Priti Patel contradicted Johnson publicly on Covid border control.

Answer 6

- Must have potential - younger MPs who can take senior posts in the future - Gavin Williamson in May's Cabinet, Oliver Dowden for Sunak - Alike political philosophies - New Labour or Thatcherism - Mandelson in Blair gov and Hunt in Cameron gov - 'the fellow Cameron moderniser' - Can represent an important section of their party - Gove or Johnson prominent Brexiteers in May gov, Suella Braverman in Sunak gov for the right - A respected potential rebel - David Davis in May gov US president Lyson Johnson famously said that it is better to have your rivals 'inside the tent pissing out, rather than outside the tent, pissing in'

Answer 7

- Coalition 2010-2015 - impossible for 2 separate parties to agree on everything - part of the agreement was to let some areas in policy not be included - EU referendum 2016 - Con ministers free to express view counter to official gov positions - Former Justice Secretary Michael Gove and former leader of the HOC Chris Grayling openly campaigned against official gov line - May weak leadership in 2017-19 - failed to exert it as various people become openly critical on Brexit - hard finding a consensus between 2 divided sides and forcing ministers to resign

Answer 8

- Statute Law: e.g. 1998 Human Rights Act, 2005 Constitutional Reform Act, 2023 Public Order Act - Common Law: Judicial rulings like the Ashers Cake Case (2018) - Conventions: Collective Cabinet responsibility, Salisbury Convention - Landmark Cases: Miller (2017 & 2019), Begum (2024), Ashers (2018) - Authoritative Works: A.V. Dicey, Erskine May - Treaties: EU Withdrawal Agreement (2020)

Answer 9

- COVID-19: Coronavirus Act 2020 gave emergency powers; lockdowns curtailed Article 5 rights - our freedom of assembly and freedom of movement were curtailed by lockdown restrictions and Partygate: Gov’t hypocrisy during lockdowns; PM held accountable by Liaison Committee - Rwanda Plan: Declared unlawful by Supreme Court; overridden by Safety of Rwanda Act (2024) – Lord Clarke: warned of "elective dictatorship" - Begum Case (2024): Court of Appeal upheld revocation of citizenship for national security - had her citizenship stripped on the basis of national security in 2019, after she left England for Syria to join IS in 2015. Her appeal to regain her citizenship and entry to the UK have been unsuccessful multiple times and on multiple claims, and most recently, the Court of Appeal, in Feb 2024, upheld the previous decision of denying her entry again. - Infected Blood Inquiry: Gov’t cover-up of tainted NHS blood; violated transparency & right to life - HIV and Hepatitis C - In 2018, the UK Supreme Court ruled in favour of Ashers Baking Company (run by Evangelical Christians), a Northern Irish bakery, over a "gay marriage cake" case. The bakery refused to make a cake with a message supporting same-sex marriage, claiming it was discriminatory. The court ruled that the refusal was based on the bakery's owners' objection to the message on the cake, not the customer's sexual orientation. The court held that bakery owners were entitled to refuse to express a message that conflicted with their religious beliefs be used

Answer 10

- 2005 Constitutional Reform Act – Created UK Supreme Court (separating judiciary from HoL) - 2011 Fixed-Term Parliaments Act – Repealed in 2022, restoring PM’s election-calling power - 2010 Equality Act – Anti-discrimination legislation - 2015 Recall of MPs Act – 10% of voters can trigger by-election (e.g. Fiona Onasanya) (Peterborough) due to custodial sentencing. This maintains the legitimacy of representative democracy through a pathway of direct democracy. - 2023 Public Order Act – Restricted protest tactics; criticised by UN and Amnesty

Answer 11

- 2024 Hereditary Peers Bill: Seeks to remove remaining 92 hereditary peers - Unrepresentative stats: Avg. age: 71 | 70% privately educated | 28% women | 2.6% BME

Answer 12

- Wright Committee (2009) → Reforms adopted in 2010: Max 11 members per committee Chairs elected via secret AV ballot Created Backbench Business Committee + e-petitions - FoI Act (2000) – Criticised by Blair - Magna Carta (1215) – Foundation of UK rights Debates over UK Bill of Rights: ✅ Pros: stronger protection, clarity, modernisation ❌ Cons: undermines parliamentary sovereignty, removes flexibility

Answer 13

- Scotland Act 1998: Used in 2023 to block Scotland’s Gender Recognition Reform Bill - Northern Ireland Act 1998: Peace via Good Friday Agreement; Assembly suspended in 2002–07, 2022–24 - Local Government Act 2000: Allows referenda for devolved powers - EVEL (2015–2021): Addressed West Lothian Q., repealed due to unfairness - Manchester (2016): Gained devolved control over health/social care - NE England referendum (2004): 78% voted No to devolution

Answer 14

- 2016 Junior Doctors Case: Judicial Review challenged Jeremy Hunt for acting ultra vires by trying to impose new contracts on junior doctors that affects pay and conditions for weekend working in particular - Judicial Review Use: Peaked in 2013 (15,000 cases), dropped to 2,400 in 2022. - Judicial Review Act 2022: Limited ability to challenge immigration/asylum decisions – removed "Cart" reviews, to ‘minimise delays’ in immigration, asylum and other cases that have already been refused permission to appeal by judges; an immigration tribunal can no longer seek a judicial review if it rejects an asylum application.

Answer 15

- 2016 Miller Case: Gina Miller successfully argued Parliament must approve triggering Article 50. Upheld Parliamentary Sovereignty. - Judiciary can determine limits of gov's prerogative powers - Rule of law superior to political considerations , Parl is sov in matters - decision to leave EU affects rights so must seek approval, Referendums are not legally binding - outcome confirmed by Parl, not gov - 2019 Prorogation Case: SC ruled Johnson’s suspension of Parliament unlawful. Lady Hale led ruling, saying the case was 'not about when and on what terms' - the Uk left the EU, it was the decision to suspend Parliament Jacob Rees-Mogg: Called verdict a “constitutional coup”. Daily Mail headline: Called judges “Enemies of the People”. Johnson: Threatened consequences, proposed a “Constitution, Democracy and Rights Commission”. - Media & Politicians politicised judiciary; Ipsos Mori: 4/5 Brits trust judges vs 1/7 for MPs.

Answer 16

- CRA 2005: Created SC, removed Law Lords. Strengthened independence. - Judicial Appointments Commission (JAC): Judges decide 97% of lower court appointments. - Security of Tenure & Contempt of Court Act protect from external pressure. - Sub Judice Rule: Ministers can’t comment on active legal cases.

Answer 17

- 2012 Abu Qatada: UK blocked deportation on human rights grounds. - 2015-16: Liberty challenged the Investigatory Powers Act expanding surveillance. - Terrorist Asset-Freezing Act 2010: Ruled to breach presumption of innocence. - Civil Partnership Act 2019: Extended rights to heterosexual couples – required judicial prompt. - 2019: SC blocked Johnson’s prorogation → confirmed judiciary can check executive ultra vires actions.

Answer 18

- Concerns of bias: Accusations of liberal lean (e.g. Miller Cases). - Theresa May: Criticised ECHR’s protection of terror suspects (e.g. Qatada). - Demographics: 2/12 Supreme Court justices are women. 0 BAME, 90% Oxbridge, 75% private educated. Judges vs 13% of UK from private school.

Answer 19

- Factortame (2000): EU law > UK law at the time. - 2022 IndyRef2: Blocked by SC; referendums not legally binding. - 2023 Gender Recognition Reform Bill: Blocked by Westminster under Section 35 of Scotland Act. Stephen Flynn (SNP): Called it “collateral damage” to Scottish democracy. Stormont suspended 2022–24: Power repatriated to Westminster. - 2008 Scotland: Scrapped tuition fees – ignored Higher Education Act 2003. - 2004 NE England Assembly: Rejected by 78% in referendum. - Devolution is asymmetrical and gives Parliament the ultimate right to veto. Devolution control repatriated back from Northern Ireland to Westminster Parliament during Stormont suspension (2022-24) Technically Parliament can retrieve power from devolved bodies and scrap parliaments and local assemblies (Devolution is not entrenched)

Answer 20

- Referendums: Not legally binding. Parliament holds final say. Referendum results act as advisory information for Parliament. Due to a lack of codified constitution, referendum results are not legally binded and statute laws can ignore the results and legislate against the public will in representative democracy e.g. The Supreme Court does not back Holyrood and Scottish people will to start a second Scottish Independence Referendum because the devolved power is originated from Westminster (align with Parliament) - 2016 EU referendum: 52% Leave; most MPs backed Remain. - Parliament Act 1949 & Salisbury Convention: HoL can delay legislation for 1 year, cannot block manifesto bills. - Commons Defeats: May suffered 33 defeats incl. Brexit votes. - MP Scrutiny: Amber Rudd (2018 Windrush), Rwanda Bill amended 4 times. - Vote of No Confidence: 1979 Callaghan govt fell.

Answer 21

- Liberty campaign against Investigatory Powers Act. - 2023 South Cambs: Govt threatened to withhold funding over 4-day week trial.

Answer 22

- Leave: £350M/week for NHS, border control, independent trade. Key Figures: Dominic Cummings (Campaign Director). - Remain: 2.5M jobs tied to EU, rights protections, 50% of UK exports to EU. Key Figures: Stuart Rose, Will Straw.

Answer 23

- Independence under threat from Executive - minister's willingness to criticize judges - Minister Kwasi Kwarteng spoke about 'biased judges' following prorogation ruling in 2019 with the Judicial Review and Courts Bill 2021 - seeking to curb their power - Some Tory politicians think senior judiciary have a liberal bias who favours rights over state security, order and gov power - as Home Sec, Theresa May routinely criticised Judges Liberal Interpretation of the ECHR within the HRA, arguing it was stopping her from deporting terrorists such as Abu Qatada in 2013, due to their 'right to a family life' - Can't be neutral if unrepresentative towards society2/12 SC women, over 90% went to oxford or camebridge, over 75% went to private, judges compared to 13% of the UK population, no BAME - Judicial Activism - judges have abandoned neutrality by becoming high profile and outspoken - 2013 Lord Neuberger attacked May for criticising the judges for what she percieved was a failure to deport foreign criminals - calling her comments 'inappropriate, unhelpful and wrong'.

Answer 24

- SC - The Supreme Court can only interpret laws instead of making laws (as indirect laws) because of judicial independence (not exerting influence over legislation as they have moral authority and would face public pressure) - rulings are based on statute laws (uncodified constitution) The Supreme Court has judicial power to prevent executive being ultra vires - the Supreme Court rejected prorogation in 2019 proposed by Johnson to prevent constitutional chaos in legislation Popular sovereignty: - SC is immune from outside interference - Contempt of Court Act bans the media from publishing information that could prejudice active court proceedings, protecting independence - in 2012 the Daily Mail and the Daily Mirror were fined £10,000 and had to pay a further £25,000 in costs for breaking contempt of court rules - 12 'lords of appeal in Ordinary' law lords (HOL) expected to be neutral crossbenchers but were free to take part in the business of the lords. Lord Chancellor cross all powers - chairman of meetings in HOL (legis) cabinet minister (direction and management of UK legal system)(exec) and head of judiciary EG Lord Chief Justice of England and Wales criticised the gov for wanting to hold 'secret trials' under the 2013 Justice and Security Act 2013 Lord Woolf condemned David Blunkett (Lab home sec) for prison overcrowding

Answer 25

Key ideas: - For Gilman, sex and the capitalist economy were interlinked. Women were reliant on their sexual assets to gratify their husbands, who in turn would support them financially. Gilman viewed marriage as comparable with prostitution, ‘the transient trade we think evil. The bargain for life we think good.’ - Gender roles are socially constructed from a young age. Gilman berated the misery of women's private lives and the exploitative nature of domestic roles. - Societal pressure forced young girls to conform to motherhood with gender specific clothes and toys so she argued in favour of gender neutral clothes and toys. She was also a proponent of communal living, which would undermine the capitalist patriarchal family structure and more evenly distribute child-care responsibilities. - She wished to reverse false consciousness so women could no longer see themselves as naturally frailer and weaker than men. She sought economic independence for women and advocated centralised nurseries and co-operative kitchens to give women freedom. and autonomy. - Gilman's ideas were co- opted by socialist feminism and she believed that capitalism's exploitative qualities reinforced patriarchy and that socialism would gradually succeed, allowing women and men to coexist in egalitarian society and economy

Answer 26

- Human nature Women are equal to men and biological differences are largely irrelevant; however she did accept that there were innate female qualities whilst also believing in the societal conditioning of gender roles - Society Women have historically been assigned inferior roles in society - Economy Men dominate the economy because societal norms obligate women to a domestic role Argued that economic independence was a fundamental part of female emancipation and that there must be equality of opportunitY - State - upholds patriachal norms but can be reformed

Answer 27

Her views on: - Human nature Gender differences are not natural but the creation of men State - The state reinforces a male-dominated culture that limits women's authority and freedom Society - Societal norms restrain both men and women from achieving self- realisation and true freedom of expression Economy - Men dominate economic life which limits the life choices open to women

Answer 28

- Femininity is an artificial societal construct. The biological differences between men and women have been used by a male-dominated state and society as a justification for predetermining the gender roles of women. - ‘Otherness’ is imposed on women by men. Male domination means that men are the ‘first sex’ whereas women are the ‘second sex’, leaving women subordinate to men. - “One is not born but rather becomes a woman”.She argued that women had been dominated in part because of their bodies: 'her ovaries condemn her to live forever on her knees'. She argued that contraceptives, abortion, rejection of the family and monogamy would allow women to compete with men in society. - She argued that the consumptive materialism (the idea that society has become addicted to purchasing consumer goods) inherent within capitalism had weakened women's position in society. Wrote “The Second Sex” 1949

Answer 29

Sheila Rowbotham (Socialist Feminist) She was influenced by Marx and Engels. - Capitalism worsened the oppression of women, forcing them to sell their labour to survive in the workplace and to cede their labour to the family home - She stressed that the family performs a dual function: to subject and discipline women to the demands of capitalism and to offer a place of refuge for men from the alienation of capitalism - Rowbotham concluded that women have always been oppressed and that a revolution was needed to destroy both capitalism and patriarchy - She argued that marriage was like feudalism with women akin to serfs paying feudal dues to their husbands.

Answer 30

Human nature - Female consciousness is socially constructed by men State - The state facilitates capitalism which in turn oppresses women Society - Capitalist society reinforced the dominance of establishment males to the detriment of women Economy - Women's main role in the economy is to provide a reserve army of labour

Answer 31

- She saw the family unit as the foundation of patriarchal thought, as children were socialised into gender roles that they grew up perceiving as normal. Marriage also saw women lose their identity by taking their husbands surnames. Underpinning Millett’s proposed solutions to patriarchy was the dismantling of the family unit for communal living and child rearing. Patriarchy granted men ownership over their wife and children, entrenching sexism with the idea of male superiority. - The family socialised the young into recognising masculine authority and female marginalisation within society. - Patriarchy reinforced heterosexualism as superior to bisexual or same-sex relationships. Women’s gender roles were stereotyped in art and literature. - Millett is credited with the first analysis of patriarchy and popularising it within radical feminism. She defined it as the 'rule of men' in both the private and public spheres of society. She perceived social construction as beginning in childhood within the family unit, meaning that gender roles are neither natural or inevitable Focused on patriarchy in culture, specifically on family art and literature. - She argued for a change in social consciousness, a revolution in the head, whereby patriarchy would eliminated from people's minds so that there was gender equality in the home, the workplace and within culture

Answer 32

Kate Millet (Radical Feminist) Key views - Human nature Women are oppressed by men and should free themselves by engaging in lesbian relationships - State The state facilitates patriarchy - Society Society is patriarchal in both the public and private spheres - Economy Loosely resembles socialism but is peripheral to her feminism

Answer 33

Key ideas: - hooks broadened the feminist debate because she felt it was too focused on middle and upper class, college-educated white women. She focused on women of colour and all social classes. - Her ideas greatly influenced the ideas of ‘intersectionality’ - a term coined by Kimberlé Crenshaw - which challenged the feminist assumption that gender was the most important factor in determining a woman’s life experiences and women have multiple, overlapping identities that affect their experiences as well as experiences of discrimination - hooks uses the term “imperialist white supremacist capitalist patriarchy” to represent the intersectionality of these systems She perceived social construction as beginning in childhood within the family unit, meaning that gender roles are neither natural or inevitable - Describes patriarchy as 'single-most life threatening social disease' that blights society “No other group in America has so had their identity socialised out of existence as have black women…when black people are talked about, the focus tends to be on black men; and when women are talked about, the focus tends to be on white women”

Answer 34

- Human nature Women have multiple identities and therefore experience multiple forms of oppression - State White men dominate the state at the expense of women - Society Society is a multifaceted arrangement between multiple minority groups. Women who are of lower class and of a racial minority are oppressed on several levels eg Black working- class women Love is “the basic desire to make our survival a shared effort” and should be placed at the forefront of progressive circles because, through viewing love as the foundation of political thought, community and the collective good is emphasised - Economy Women face different levels of oppression. For example, white middle- class, college-educated women face oppression but are more liberated than Black working- class women Capitalism and the patriarchy are ‘structures of domination’ which undermine the “larger unit of extended kin”

Unit 2 quick notes Flashcards

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