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Home , Amber Rudd, Bill of Rights 1689, Crossbencher, David Gauke, First Secretary of State, John Bercow

UNIT 2 REVISION GUIDE

1. Constitution

2. Parliament 3. PM & Executive 4. Relations between the branches 1.Constitution revision guide

1.1 Nature and Development of the British Constitution:

How the constitution developed: 1215 Create principle of rule of , that everyone should be held accountable to law and order of 1689 Established the sovereignty of Parliament over the Established the monarch as the monarch of the Act of Union 1707 Abolished the and created the British Parliament Parliament Acts 1911 and 1949 Established the supremacy of the House of Commons meaning that the Lords could not block finance bills and could only delay bills by one year European Communities Act 1972 Brought the UK into the EU- EU law added to constitution. Notice of Withdrawal Act 2017 Will bring UK out of the EU

Sources of the British Constitution: Statute Law that is passed  Parliament Acts 1911/1949  Act 1998 Conventions Unwritten principles that are accepted as law within the political  Salisbury convention that the HofL cannot block that were in winning party’s manifesto  Convention of Collective Ministerial Responsibility Authoritative works Works of legal authority that act as guides:  Bagehot’s English Constitution of 1867 showed how Executive and Parliament should relate.  Gus O’Donnel in 2010 wrote the guide on forming. Common law is legal precedence created by judges rulings as opposed to new laws.  Many rights of citizen’s exist in this form. Treaties Treaties signed and passed by Parliament are binding:  European Communities Act 1972 Traditions Actions that have become tradition:  Queen opening Parliament with the joint session and Queen’s speech

Nature of the British Constitution

 It is uncodified: The British Constitution is not written down in one formalised document. It is instead made up of lots of different laws, conventions etc. This means it can be changed easily.  It is un-entrenched: The Constitution cannot be entrenched as Parliament is sovereign, so always has the power to change it by passing a law.  It is unitary: All political power resides in one place- Parliament in . Unlike a federal constitution like in the USA which has state laws and federal laws. Parliament is the sole maker of laws, and can take back all devolved power if it wants.

1.2 How the Constitution has changed since 1997 New Labour reforms 1997-2010

Reform Description Successes Failures  Scottish parliament  All created via  It is asymmetric- Scotland created. referendum. has most power.  Welsh and N. Irish  Has allowed for laws to be  The elections usually have Assemblies created. catered to each country. a low turnout- lower than  London  Has made the country general elections Mayor/Assembly more democratic.  Scottish Nationalism created  Kept peace and Union increased together.  No strong governments  Allowed for each region to  Devolution in N.E have a different rejected in referendum Coronavirus policy, 2004 allowing for better  Difference in Coronavirus response. policy could be seen as chaotic Human  Made the European  Finally means all citizen’s  Parliament is still Rights Act Convention of rights are written down. sovereign and can 1998 law  Seeks to entrench citizen’s overrule it.  Made the European rights Court of Justice the highest court in UK Electoral  Devolved systems  All devolved areas are  Turnouts have been low. reform use AMS, STV and more proportional.  No strong Governments in 1998 SV  No wasted votes any devolved area.  ETC…  ETC…. Reform of  Reduced Hereditary  Has made most lords  Not finished House of Peers to 92. Now it appointed- so most are  Still unelected Lords 1999 is mainly appointed. now there for being  Still 92 Hereditary peers experts.  Still 25 Bishops.  Hereditary Peers now take  Life Peers are too easy to role more seriously appoint- 790ish members  Makes Parliament more means its largest body in democratic world. Reform of  Established supreme  Independence of judges  Supreme Court is growing Judiciary court reduces power of in Political power and 2005  Separated judiciary Government. could be seen as getting from Government.  JAC was set up to appoint too powerful.  Made the Judiciary judges rather than  can still independent Government. veto appointments FOIA 2000  Meant Citizens  Has led to more  Information can be could make requests transparency. withheld if the to see information  Helped lead to expenses information is deemed as held by public scandal- showing linked to national bodies corruption in Parliament. security This is  Used often. happening more regularly.  Sometimes used for trivial questions- like ’s weight House of  Established the  Backbench Committee has  DSCs still have a majority Commons Backbench Business allowed Backbenchers to for the Government. Reform Committee be more organised in  Government still don’t  Increased salaries of passing Private Bills and have to follow Select Committees. holding Govt. to account. recommendations.  Introduced system  DSCs have grown in of electing chairs of importance and Committees independence since reforms

Coalition reforms 2010-2015 Reform Description Successes Failures Fixed Term  Elections happen  Was supposed to  2017- Parliament 2011 every 5 years reduce power of Govt. circumvented law and in calling snap elections. showed it is unlikely to Governments have still actually stop a Govt. been able to call both  2019- Uncertainty over 2017 and 2019 would have led to elections. an election in normal times, but has created gridlock instead.  All parties in the 2019 election promised to repeal it  Gives queen more power in deciding who to invite to form Govt. Further  After Referendum.  now has more  Unenthusiastic support- Devolution to Wales given power independent Referendum turnout was Wales 2014 over raising new democratic power. 35% forms of tax English Votes for  Has sought to solve  Allows English MPs to  Speaker alone has power English Laws West Lothian vote on English laws- to declare it an English 2015 Question. more democratic. Law- bit unclear.  Means English MPs  Used in Jan 2016 on  SNP MPs worried Govt. only can vote on Housing Bill will use to their certain laws. advantage as Tories have most English MPs. Recall of MPs  Gives Constituents  Should give  Tried to be used on act 2015 power to recall or Constituents more suspened DUP MP Ian vote out their MP. power. Paisley but failed to get  10% petition if MP  Should make MPs more 10% (so close!) has been focused on representing  Convoluted process suspended their constituents.  Has now been used twice to successfully remove MPs- Peterborough in 2019/Breocn and Radnorshire 2019

Reforms since 2015 Reform Description Successes Failures Further  Increased powers-  Satisfied many voices in 2014  SNP and Greens still devolution to Power to set independence referendum. demand Scotland 2016 income tax, control  Again helps to further spread independence VAT receipts and decision making power welfare provision Devolution to  Many more areas  Helped to spread decision  Not very popular- cities and now have elected making power. poor turnout in regions mayors like  Has increased the quality of elections- 29% in Manchester. representation in areas of Manchester in 2017.  Regions now have England.  Little real powers for more control over  Allows bespoke spending for regions. business rates and certain areas. in Manchester they  Machester control their own Mayor became a popular health budget figure in aftermath of 2017 bombings Exiting the EU  Britain will be / / Exiting the .  But we don’t know in what way yet

1.3 Role and powers of devolved institutions and their impacts Key features of Devolution:  Not Federalism- Power is not permanently given to the areas. Parliamentary law is still supreme.  It’s asymmetric- Scotland has much more power than any other area.  It’s entrenched- All changes occurred via referendum. Due to this having popular support it is sometimes called Quasi-Federalism as no Govt. will likely take it away.  Three types: o Administrative- Power to determine how services are run (all three have this) o Legislative- Power to make primary legislation (Just Scotland and N. Ireland have this) o Financial- Power to levy taxes and how to spend it (Scotland have gained this in 2016) Devolution in England  Devolution to Cities and creation of Mayors who have control over policing, transport, planning and housing.  has significant power over policing and transport- introducing frozen fees and the bus- hopper ticket. Devolution in Scotland  Has led to the domination of Scottish politics by SNP. They gained an overall majority in 2011 and kept a Minority Govt. in 2016.  The Majority Govt. led to the independence referendum of 2014- which was much closer than expected 55-45 voting no. This momentum carried SNP into 2015 general election, winning 56 of 59 seats.  This vote led to even more devolution in 2016 act.  Running out of steam after 2017 election losing many seats- going from 56 to 35.  In 2018 now has power over income tax, control over receipts of income tax (how to spend money), controls half of revenue of VAT.  Can control much of its own administration- Education for example- free Tuition fees. Devolution in Wales  Has grown in power with 63% backing 2011 referendum for more power.  Dominated by Labour, usually holding half of all seats  Powers over key administrative areas such as NHS, Education and Environment. Devolution in N. Ireland  Established to help solve religious conflict of the troubles- with a power sharing agreement. Unionists and Nationalists must both be present in the Govt.  These forced coalitions are to try and stop a return to conflict.  N.Ireland can make its own laws to cater to their situation. For example, Abortion is still illegal there despite being legal in rest of UK.  BUT…. Big problem of power sharing in the last year- not having a functioning Govt, since between 2018 and 2020

Has Devolution been successful? Successful Failures  UK has not broken up- no independence  Scottish Nationalism certainly increased with movement has succeeded. SNP’s dominance continuing- a second Indy Ref  Peace has held in N. Ireland with power sharing looks certain. largely being a success.  Turnouts are often low- (2016- Scot- 55%  Despite turnout, there are no serious attempts N.Ire- 55% and Wales- 45%) to reverse the change.  The introduction of PR has ensured that  Has led to countries successfully changing their besides SNP in 2011, all Governments are own policies/laws: coalitions and therefore indecisive. o Scotland has different alcohol laws and  Countries still rely on funding from the UK has free tuition fees. Govt. Barnett Formula, so are not self- o N.Ireland has changed their police force supporting. to respond to troubles.  N.Ireland power sharing hasn’t worked that o Wales has been able to better protect well! N.Ireland have been without a Govt. since it’s agricultural industry 27th Jan 2018 (reopened in 2020) o Coronavirus

1.4 Debates on further reform

How successful have reforms been?

Successful Failures o 2005 Constitutional Reform Act has made an o FPTP still remains independent judiciary that defends citizens’ o didn’t go all the way. rights. o House of Commons is still quite weak in o Devolution has decentralised power and comparison to Govt. improved local o Constitution remains uncodified. o Human Rights Act has been well entrenched o Recall of MPs act 2015 is not effective in and is largely followed increasing accountability o Referendums have increased in popularity o Fixed Term Parliament act has failed. o House of Lords has become more legitimate o and more effective. o FOI has been entrenched and is well used

Should Devolution be extended? Extended Not Extended o Extend democracy to local regions will ensure o Waste of money. representation increases and brings Govt. o Would lead to voter apathy as too many closer to communities elections- turnout in 2017 mayoral elections all o Could ensure local problems are better delat in 20s. with- disconnect between and o No signs of demand- 2004 referendum North of England. defeated N.England Assembly. o Would help to stop difference in living o Might create further disunity. standards between London and rest of England. o Could improve participation.

Should the UK Constitution be codified? Codified Uncodified o It would clarify the powers of the executive, o It is much more flexible, in aftermath of with many prerogative powers existing due to 9/11 and increased terror, the UK could convention. Would increase checks and easily improve the strength of it’s anti- balances. terror laws- UK could simply just invent o Would help to entrench human rights, with the rules for how a Coalition was formed in HRA being easily overridden if the Govt. want 2010, with Gus O’Donnell’s authoritative to. work. Very flexible for Coronavirus! o Would empower the Supreme Court and make o Allows for a powerful Government- we sure the power of Judicial Review could stop nearly always have a majority Govt. (bar Govt. 2010 and 2017) they can act decisively and o Would ensure Citizens were aware of the pass laws that are needed, for example system and how it worked, increasing political Brown was able to act quickly in 2008 education and perhaps turnout. banking crisis and save banks unlike USA. o Would bring UK into line with all modern o Pragmatically it has served the nation well nations. for 100s of years and has naturally evolved o Much confusion over Speaker’s role in Brexit over the years.. drama of 2019- Precedence has been created o If it was made codified the unelected and overruled over amendment selection and judges would become more powerful than whether they can be another vote on the same our politicians- anger over 2017 Miller case legislation shows how unpopular this would be.

Definitions

2. Parliament Revision Guide Definitions/Concepts Parliamentary Government  Parliament is the highest source of Authority  All members of the Government must be from parliament.  We have a . With the Executive also being the Legislative. Parliamentary Sovereignty-Parliament has ultimate power  Only Parliament can delegate power.  Parliament is not bound by any Constitutional rules, but can make them.  No Parliament can be bound by any previous Parliament, or bind any future Parliament.  How has Sovereignty been eroded: o Government has the real sovereignty being elected to lead and it always has a majority in Parliament. o Referendums are now always held before big changes, so people have the sovereignty not Parliament. o Human Rights Act and actions of Supreme Court are now seen to overrule Parliament. o Devolution has given power to Scotland, N Ireland, Wales and London. Structures/Powers House of Commons Structure  650 MPs- all selected by local parties and elected in general/by-elections  Frontbench MPs are Government Ministers/Junior Ministers and then Shadow Ministers/Junior Ministers.  Backbench MPs- those who aren’t front benchers.  Select Committees- Permanent Committees made up of Backbenchers.  Legislative Committees- temporary committees made to scrutinise legislation.  Party whips- Senior MPs who try and force MPs to follow Party line.  Speaker- elected by MPs, decides agenda and keeps order in the house- . House of Lords Structure  792 Peers- None are elected.  Small number of Committees, but unimportant.  Three types of Peers: o Hereditary- Inherit title from family, 92 of them. o Life- Appointed for life by Party leaders and Appointments Committee. Selected due to expertise or experience o Bishops- 26 senior members of the CofE  Not all Peers have party allegiances- Crossbenchers are neutral and act independently Functions of House of Commons  Legitmation- Formally makes the actions of passing laws and making decisions legitimate as the MPs act on behalf of the public who have elected them. …  Accountability- Hold the Government to account, criticising and scrutinising decisions. Forcing Ministers to explain decisions, Committees, PMQs and dismissing a Government through a vote of no confidence.  Scrutiny- Scrutinise laws and make amendments to improve them before passing or rejecting them. Legislative committees.  Constituency work- MPs work in their constituencies listening to their Constituents (in Surgeries) and protect their interests.  Representation of interests- Beyond their constituent’s MPs are expected to represent pressure groups and other groups. MPs form cross party groups to help do this- Group against expansion of Heathrow.  National Debate- Some issues need to be debated in the Commons and have issues properly discussed- 2017 debate to trigger Article 50, Debates over Withdrawal Agreement and indicative votes 2019. Functions of House of Lords  Revising- Lords scrutinise legislation from the Commons and add amendments- many experts make this an important function  Delaying- Lords cannot veto any legislation but can delay and force the Government to reconsider it the next year, and add amendments.  Secondary legislation- Minor regulation within major laws which needs to be improved and Commons don’t have time.  National debate- Like the Commons, they have large debates on big issues- had a 20-hour debate on the European withdrawal Bill in 2018 Powers of Commons

Powers of Lords

Limitations on Lords:  Parliament Acts of 1911 and 1949- Limited power of Lords to delay legislation for only 2 years and then 1 year. Also means they have no power over financial bills.  Salisbury Convention- Lords will not block legislation that was in Government’s manifesto if they won a clear majority  Limited Amendments- Amendments must be approved by Commons  Abolition threat- Lords can be abolished if they do not respect will of Commons.

Comparison of Commons and Lords Powers of Commons only Powers of Both Powers of Lords only Scrutinise and pass financial bills Debate legislation and vote on Examine secondary legislation approvals Complete veto of legislation Proposal of amendments Delaying primary legislation for one year Can dismiss Government with Calling Govt. to account and vote of no confidence ministers Select Committees examine Debating key issues Government Final approval of amendments Private members can introduce bills

The Legislative Process First Reading MPs are informed about bill, but no debates take place Second Reading Main debate of bill. If passed it moves on Committee Stage Committee consider bill line by line and propose amendments Report Stage Bill is debated again but with amendments Third Reading Final debate and opportunity to black legislation Passage to other Bill passes to Lords/Commons House Same procedures Other house examine it in same way, but Lords has no Committee Ping Pong Bounce amendments to one another- until agreement is made Queen signs bill into law

Types of legislation:  Public bills- Presented by Government and usually pass  Private members bills- Proposed by backbench MPs and rarely pass. Decided by Ballot who can propose.  Private bills- Bills proposed by organisations/individuals outside Parliament and usually allow them permission for issues such as building/land use. Usually pass. Are Parliament effective at legislating?

Effective Not Effective o Lots of opportunity for scrutiny and debate- o Whipping means MPs are likely to just three readings and committee stage, over follow party and not be independent 5,000 amendments in each house each year. Every single voted for Boris Brexit Deal o House of Lords can use expertise to amend 2020. bills- made 4,500 between 2017-2019, 97% o Process can sometimes be sped up, accepted. Made 374 amendments to Health meaning there is not enough scrutiny: and Social Care Bill in 2012 o The Benn Act (Delayign Brexit, by o House of Lords can be more independent and extending Article 50) passes in 6 amend legislation/reject it. Lords defeated days. Govt. 62 times between 2017 and 2019. o Terrorist Offenders (restriction of o Legislation committees ensure scrutiny, early release) bill, stopping Parole allowing evidence, NFU for Agriculture bill for for terrorists passed in 8 sitting examples days. o MPs sometimes ignore Whips when issues are o Outside pressure can lead to bad laws being great- Theresay May’s Brexit Deal was mainly passed- 1991 Dangerous , 2020 defeated due to Tory Rebels Coronavirus legislation o Free votes allow independent scrutiny (Gay o Fusion of Powers means laws proposed by the Marriage/Fox Hunting) Government will basically always pass. BoJo passed his Brexit Deal easily. T Blair only ever lost 4 times.

Backbench Members Roles/Examples:  Take part in debates and vote and make amendments.  Scrutinise bills  Become a member of a select committee  Join a campaign committee (committee focused on one issue)  Take part in fact finding missions  Take part in policy committees for their parties  Lobby on behalf of an outside cause or interest  Be active in their constituency  Karen Buck- Labour MP for Westminster North- Successfully passed her private members bill in 2018- Homes (Fitness for Human Habitation) Bill 2019 to empower tenants  Mhari Black- SNP MP for Paisley and Renfrewshire South- Member of Work and select Committee. Popular for her speeches  - ex-Tory MP for West Dorset- Leading many amendments to give power to Commons to decide Brexit policy- passed his amendment on 25th March 2019 How Effective are Backbenchers: Criticisms Defence MPs are just lobby fodder and always follow what Many MPs are every independent- this has been the Whips say- Government rarely loses a vote especially they’re when looking at Brexit bills. Amendments for Brexit have been very Independent! 30 Tories voted for Letwin Amendment, T May lost 33 votes! MPs cannot influence frontbench MPs and cannot Growing power of Committees run by influence legislation- Government majority Backbenchers- Recommendations offer become dominates laws Debates are often not well attended MPs work in committees and in constituencies instead MPs can be seen as corrupt and self serving- New systems of controlling it and MPs are removed expenses scandal of 2009-2010- Pestminster 2017 who broke rules.

Peers Roles/Examples:  Non-Working Peers- granted the honour of being a Lord, but rarely attending and rarely vote.  Part Time Politicians- Not attached to a party, attend debates that interest them and they irregularly vote (usually hereditary).  Working Peers- Act as though they are professional politicians. Often members of a party- can be members of the front bench. Regularly attend and vote.  Lord Adonis (former Labour)- Former academic and minister in the New Labour Government. Takes his job very seriously, was part of a Government transport body. Regularly gets involved in national debates. Very anti-Brexit.  Lord Dannatt (Crossbencher) Former chief of staff of Army, so get involved in military debates- recommended that UK use troops to fight ISIS.  Key roles: o Debate and vote on bills o Scrutinise Govt. (more important since 2010) o Scrutinise bills using expertise o Govt. departments have representatives in the Lords who can be held to account. o Also can be members of committees. Effective Not Effective  Many working Peers are as hardworking as  Many Peers are non-working and do not add to MPs and perform all their roles seriously- Lord our democracy. Adonis for example.  Attendance to debates is low.  Many Peers have the expertise to properly  Peers cannot actually defy the Government scrutinise bills- 4,500 amendments last year due to Parliament acts and Salisbury and 97% are accepted conventions.  Crossbench MPs ensure that bills can be  Crossbench MPs only focus on particular issues. scrutinised and debated without the pressure of party politics.  Are more able to defeat the Government- as the Government does not have a majority.

Committees Select Committees  Made up of around 10-15 backbenchers.  Chairs are always elected and earn a higher salary.  Investigate issues and produce reports/recommendations for the Government, which they have to respond to, but don’t have to follow. Public Accounts Committee  Oldest and one of most important committees.  Always led by an opposition member  Seen as an independent body beyond Parties.  High media profile- So can publicly hold Government to account.  Key investigations are in your textbooks.  New example- Enquiry into cuts to Courts in 2019, and into costs of consultancy firms being hired to help in Brexit. Departmental Select Committees  Existed since 1979- made stronger by New Labour with salary increase and having chairs elected.  Look at the work of different departments and holds them to account, writing reports and making recommendations.  Importantly have the power to call all and any witnesses- Rupert Murdoch for phone hacking- Me for education maybe!  Recent examples- 2016 BHS scandal- investigated and told Government how to deal with it. 2016 report has now led to banning of microbeads.  The International Development Committee Currently investigating the links between Government and Oxfam Scandals.  European Scrutiny Committee 2019 investigated the way the EU withdrawal bill had been negotiated and publicized the problems.  Committee published their report on Immigration Detention Centres in March 19

Backbench Committee  Set up in 2010 to decide the agenda for Parliament at backbench days.  Allows backbenchers to influence and force the Government to debate or accept changes.  Main example: The publication of all secret forms on Hillsborough in 2011 came this way- leading to an inquest.

Liaison Committee  A committee of all the chairs of all Select Committees- created in 2002  PM must appear three times a year, and is questioned in committee form.  Like a very intense version of PMQs  BoJo met first Liaison Committee during lockdown- Roasted over Cummings issue. How successful are committees? Successful Not successful  Recommendations/Reports/Investigations are  Government always have a majority in well publicised by the Media, so publically hold Departmental Select Committees- so may not the Government to account. David Davis had to be held to account properly. admit he hadn’t finished Brexit reports in  Committees have no power to make Committee. 2020 used to investigate impact of Governments follow recommendations- only Coronavirus expecting a reply after 2 months.  Committees are very independent and are able  Committees cannot have an input in a bill to act above party politics- Chairs are elected before it is introduced in the chamber. and Head of PAC is always from the opposition  Ministers are always well prepared before  Liaison Committee is a more serious and formal making statements to committees. way to hold PM to account compared to PMQs.  Only 40% of recommendations accepted  Committees now have a deterrent effect, by according to UCL Constitution group stopping Government from cutting corners in  BoJo has yet to attend a Liaison Committee fear of being held to account. meeting (March 2020- only attended one in  Committees reports are well researched and May 2020) can lead to good laws being passed- Microbeads were banned in Jan 2018 due to the

Holding Government to account The Opposition  Difference between ‘opposition’ which are all MPs not in the Governing party and the ‘Official Oppositon’ which are the second largest party in Parliament. Labour and are the official opposition today.  Official Opposition is a constitutional role: o Leader receives the equivalent of a minster’s salary o Leader takes part in all ceremonies o Leader has most questions at PMQs o Opposition have control over Parliament agenda for 20 days- known as Opposition days.  Functions of Opposition: o To act as ‘Government in Waiting’. Must be ready to fight next election and take over if the Government falls- Shadow Cabinet would take over Government roles. o Call Government to account and ask questions of Ministers. o Defend interests of sections of society ignored by Government. Labour represent workers and Green represent environmental issues and National parties (SNP, PC, DUP) represent their national interests. o Ceremonial functions- attends parades etc. o Opposition help to organise Parliament’s agenda- around 20 opposition days a year.

Select Committees have now taken over from the opposition as the main way in which Govt. is called to account’ How far do you agree?

Agree Disagree  The opposition may use opportunities to hold  Government always have a majority in the Government to account as media events. Departmental Select Committees- so may not Jeremy Corbyn for example used the PMQs be held to account properly. before the 2018 local elections to promote his  The opposition do well to hold the Government own platform to power publicly- news programmers etc. will  Select Committees have grown in invite a Labour MP to discuss a Tory failure. independence and importance through  The Opposition have huge resources to hold elections of chairs and increased salary. the Government to account- using short  The Govt. must respond to SC reports- banning money. microbeads in 2018 for example.  Through elections and by-elections the  Select Committees focus on one department, Opposition can hold the Government to so can be more forensic in their criticism. account by beating them. chair of the Health Committee is  Starmer has reinvigorated opposition with the ex-Health Secretary and can scrutinize PMQs and big public stances- Schools more clearly. reopening, track and trace etc.  Select Committees aren’t trying to get elected- focus on holding to account instead.

Ways to hold Ministers to account  Question to Ministers days- Ministers have to take the floor and respond to written questions by the Commons, with particular pressure from the opposite Shadow member.  Select Committees- Ministers can be questioned in Select Committees with sometimes hostile and very public results. Usually very formal and therefore effective.  PMQs- Once a week when parliament is sitting on Wednesdays at 12:30 Prime Minister is questioned. But has become a highly sensationalised event, with MPs going for soundbites not holding Government to account properly Potential reforms House of Lords All-Appointed All-Elected Part-Elected and Part Appointed  People with special experience/  More democratic.  Could enjoy both expertise could be recruited.  If elected by PR would stop benefits  Can ensure that it is not exactly the Government having too much  Would increase same as commons, allowing for power. legitimacy but keep better checks on the Governments  Makes chamber more expertise control accountable.  Would be most  No need for re-election/selection  Would allow chamber to be acceptable to peers means members will be more powerful. and MPs independent.

House of Commons  Reduce size to 600 to make Constituencies more balanced in size  Give DSCs power to look at legislation before it is debated in the chamber and use expertise.  More opportunity to debate secondary legislation like Lords.  Change electoral system to PR. ow successful is Parliament at fulfilling its roles? Role Positives Negatives Holding  Select Committees have grown in  MPs lack expertise to properly investigate Government power and independence. Publically and hold Government to account. to account holding Govt. to account.  PMQs is largely a media event without  Ministers still must face questions in proper scrutiny. both houses.  Departmental Select Committees have a  PMQs occurs every week- supported Government majority. by Liaison Committees- March 2020  Govt. often well prepared for events JC focused on Patel bullying claims. Provide  MPs are all elected by popular  House of Lords is not elected. Legitimacy consent.  Parliament elections are not proportional.  Recent election turnout of 67% shows how legitimate decisions are. Scrutinise  House of Lords has experts who can  Commons is whipped meaning MPs and Legislation scrutinize bills and offer expert Committees are likely to follow Party and amendments- 4,500 last year not analyse independently (BoJo has only  Legislation committees forensically lost one vote in 2020) analyse bills and offer amendments.  Not given much time to scrutinise and debate.  Nodding through legislation does happen. Control  With a this  Power of Whips is still strong, so rebellions Government ability is much increased. against the Government are unlikely- Blair power  Committees/Questions/Debates lost 4, Brown 3, BoJo 1 so far! allow for this.  When Opposition is divided this is very  Opposition are now in difficult. opposing Government.  Fusion of powers means Govt. should  No Government majority in the always have a clear majority Lords  Crisis of Coronavirus led to near zero  Brexit has decreased power, accountability. with some Ministers abstaining rather than following whips T May faced largest ever defeat in 2019 Represent  MPs dedicate days to their  House of Lords do not have constituents. Constituents constituencies, running surgeries to  Varies MP to MP (many MPs are not local listen to complains and represent to their area) those views In Parliament.  Recall of MPs Act is not strong enough- so  Respond to emails/letters/social no system to remove MP media.  Whips can influence them more. Representing  MPs represent constituencies from  Elections are not proportional so nation as a all over the UK of roughly the same Commons does not represent actual whole size. support (Lib Dems for example)  2019 Parliament is most  29% of MPs are Privately educated, but representative of the country- with only 7% are in UK. Still not 50% of women. record numbers of Women, LGBTQ, Too few (5%) from manual occupations. Ethnic minorities and State educated  House of Lords less representative, 26% members. women and only 6% Ethnic, also average  Lords seek to represent those age is 69. minority voices in our country

3.The Prime Minister and Executive

3.1 The Structure, role and powers of the Executive

Structure

Functions of Government

PM- Powers and Roles  Prime Minister is the leader of the Government and as the Government acts on behalf of Queen. The PM has powers- Appointing Government, Foreign Policy, Commander in Chief and negotiating treaties. o Complete power of patronage- so can appoint/dismiss all ministers and who is in the cabinet. Has a say in senior Civil Servants as well. Reshuffle- when PM changes who is in roles. o Negotiates treaties (but needs approval of Pmt) o Commander in chief of armed forces o Heads and chairs cabinet deciding agendas and focus o Sets the general tone and aims of an executive. o Leader of their party and can claim popular authority

Cabinet- Powers and Roles  Cabinet is made up of roughly 20-25 of the most important Government ministers.  They all meet in cabinet meetings and decide Government policy ‘collectively’. Usually meet once a week. All members must be an MP or Peer.  Power and importance depended on the PM- Thatcher dominated, Major didn’t. o In emergency situations, PM may turn to cabinet to make decisions and inform them of actions- Blair in 2003 before , Thatcher before Falklands 1982- COBRA o Discuss policy before it is presented to ensure they present a united front and support each other- Long meetings over Brexit in 2019, over CoronaVirus 2020 o To settle disputes between Government departments- usually to do with budgets. Currently, massive discussions over Brexit and what they will pursue. o Decide the legislative agenda and how they will ensure it’s passage through parliament o Much work is done in Cabinet Committees- A subcommittee of a small group of ministers to discuss details policies and then present to Cabinet. Role and type of Ministers  Secretary of State- Senior minister who runs entire department and is usually a member of Cabinet- Secretary of State for Education  Minister of State- More junior minister who will run a sub section of a department- for example- Nick Gibb is Minister for Schools within the Department of Education.  Parliamentary under-secretary of state- A very junior minister who runs a specialised section of the department- Lord Agnew is under-secretary of state for School System.  Parliamentary Private Secretary- Lowest possible level, an unpaid position acting as a link between ministers  Roles: o Develop policies in their area of responsibility- is pushing for a ban on plastic cups as Environment minister. o Develop a budget and how money will be spent within department o Draft legislation. o Organise the passage of legislation (talk to whips/backbenchers) o Appear regularly in parliament for Minister’s questions and present to select committees. o Make key decisions for Department o Appear in media to defend Govt. or Dept.

Treasury and the Budget  Treasury has most important role in Govt. as it has to propose the annual budget: o Treasury prepares the budget by negotiating with ministers and deciding how much each Dept. will get. o Treasury needs to make sure the allocated funds can all be raised and if so what taxes will be introduced/reduced and what borrowing the Govt. needs to do and if cuts need to be made. o The budget then needs to be approved in Cabinet. o The budget will then be presented to the Commons.

3.2 The concept of ministerial responsibility

Individual Ministerial Responsibility  It is a convention that Ministers follow a certain number of rules, these have been codified since 1992, with most recent in 2016. If they break them, they are expected to resign: o If the policies and decisions of their departments, are deemed unsatisfactory. o If ministers makes a serious error of judgement. o If a minister’s department makes an error, even if the minister is not involved. o If their personal conduct falls below expected standard.  BUT… Limitations on how far it is followed: o It is up to Prime Minister to make them resign.. No formal process for Parliament/Public to cause it. o Ministers are more likely to try and weather the storm, and can blame lower members instead. Examples of resignations:  resigned as Defence Minister on Nov. 1st 2017. This was due to details of previous sexual harassment/misconduct being picked up in the newspapers. Pestminster Scandal!  resigned as International Development Minister on Nov 8th 2017. This was due to having secret meetings with the Israeli Government while on ‘holiday’, she even discussed using her aid budget to support Israeli military- PM did not know! This was more of a push.  resigned as First Secretary of State on Dec. 20th 2017. This was after revelations that a 2008 Investigation found Porn on his work computer, and complaints of sexual harassment. He was a big ally to May, but had to go after pressure mounted.  - Resigned as in April 30th for misleading Parliament over the (but already back in by Nov as Work and Pensions Secretary)  forced to resign May 1st 2019 after leaking the decision to allow Huawei to run our 5G- broke code of not leaking official decisions.

Examples of staying despite problems:  , who as in Nov 2017 mishandled the Zagari-Ratcliffe case. Meaning she may be in Iranian prison for longer. However, despite pressure, no resignation.  , who as Transport Secretary gave a £14 million pound contract to a firm to provide ferry services in case of a No-Deal Brexit…. They had never run a ferry service before. Uk Government was sued by Eurostar due to contracts and won! Winning £33 Million.. Grayling did not resign  Priti Patel, who as Home Secretary in Feb/Mar 2020 was accused of bullying and had several staff members resign. Was backed by BoJo and did not have to resign.  Robert Jentrick, who as Housing Secretary has been seen to give special services to millionaire Richard Desmond, approving his housing project and accepting large donation! May-June 2020. BoJo has backed him Collective Ministerial Responsibility  An unwritten convention that means ministers are all collectively responsible for Government policies, so have to publicly support and not leak any Government policies. Due to the nature of Cabinet, any disagreements should be sorted out before policies are made.  They may resign/be fired:  If they disagree with Governmental policy, so cannot publicly support it (Iraq War in 2003 for example)  If they disagree with the PM they will resign (Geoffrey Howe’s resignation in 1990- basically caused Thatcher to resign)  If they publically criticise the Government or independently discuss how they want policy to differ.  Leak Government details.  Brexit makes this much harder as many ministers have different opinions-. Again, this is only convention- depending on how powerful PM is to enforce it.  Looks to be easier under unified Leave Cabinet of BoJo Examples of resignations:  David Davis and Boris Johnson- Both resigned in protest of the proposed Chequers deal to leave the EU in June 2018  and Esther Mcvey- Resigned as Brexit Secretary and WP Secretary due to disagreeing with the withdrawal agreement in Nov 2018  Tracey Couch- Resigned as Sports Minister in protest at delay to limiting Fixed Odd Betting Machines in Nov 2018  Amber Rudd- Resigned as Work and Pensions Minister in September 2019 due to disagreeing with decision to Prorogue Parliament  - Resigned as Universities minister in November 2019, disagreeing with Boris Johnson’s Brexit deal. Examples of staying  In 2017-2018, Boris Johnson has written several articles for the telegraph where he disagrees with Government policy and suggests a different way of doing Brexit. Yet…. He was not called on to resign  Remainer Ministers Amber Rudd and abstained on a whipped motion on not ruling out a No-Deal Brexit. They did not resign and were not fired Importance:  Maintains image of a united Government  Allows PM to have control over ministers  Stops Ministers from being disruptive/negative  Guarantees a number of votes for Govt. Legislation, known as the ‘payroll vote’, as they are on the Govt. Payroll.

BUTTT… Brexit has broken the system with masses of resignation and ministers being willing to leave to follow conscious or support constituents. BUTTT.. Now fixed under unified Leave BoJo leadership?

Positives Negatives • Creates a strong United Government that can • Too much power in the hands of PM? Can decide pass laws and make foreign agreements. who needs to resign. • Means there is clear Government policy for the • Ministers cannot be honest in public about policy- public Parliament and Media to understand. disingenuous and may stop debate. • Means all disagreements are in private, so • Resignations can cause Governments to fall- ministers can have full robust debates, Geoffrey Howe in 1990 and Thatcher. May was pushed out in 2019 by threat of mass resignation

3.3 The Prime Minister and the Cabinet

Source of PM’s authority  Traditional- PM has all of the prerogative authority of the Queen who delegates it to them.  Party- PM is usually the leader of the largest Party in Parliament- when a party leader is replaced they naturally become the next PM. Theresa May replaced as party leader and therefore became PM.  Parliament- They have the power to dismiss the Govt. and therefore the PM. This means they have the support and authority of the body.  The People- Although not directly elected, all voters are aware of who will become PM if the party they vote for wins. Most of the campaigning is done by the Party leader.

Source’ of PM’s Power  Prerogative Powers- The PM has all of the former monarch’s powers to represent the nation.  Party- By being leader of Party they have power to direct their policies and direction.  Patronage- The leader is in control of who becomes part of the Government, and as such they can also control who is fired. This gives them great power over their party and the Government.  Parliament- The PM relies on the support of their majority in the House and they ensure that PM’s can pass their legislation and retain confidence of House.  Collective Cabinet Responsibility- Ensure the Cabinet all support the Government, or have to resign

Powers of the PM Formal Informal  Patronage  Controlling Govt. Policy  Chair Cabinet meetings  Controlling legislative agenda  Foreign policy leader  Economic leadership  Commander in chief*  Speak on behalf of crisis during leadership  Can call elections (no longer due to 2011 fixed term, but they still can with agreement) Depends on power/majority

Commander in Chief*- Since 2003 invasion of Iraq, there has been a convention of voting on use of armed forces in Parliament. This was seen in 2013 where David Cameron lost vote on bombing Syria. This was the first ever foreign policy vote lost by a PM. He also won a vote to bomb ISIS in 2015.

Powers of Cabinet  Debate and have final say on Govt. Policy and legislative agenda.  Cannot officially remove PM, but can force them out through public criticism (’07 Blair) or forcing a leadership contest (’90 Thatcher)  Can overrule a PM- May had to ditch much of her 2017 manifesto to appease her cabinet.

Criteria for selecting Cabinet  Needs allies- Thatcher filled her Cabinet of Dries in 1982, Blair made sure to have his followers dominate in 1997.  Needs to make sure it is balanced between factions- May has to make sure that Remainers and Brexiteers are equal  Needs best people for job-Up and coming MPs will be selected if they impress as junior ministers- was promoted in 2018 to Cabinet having impressed as a Minister  Needs to be socially representative-Blair famously tried to fill his Cabinet with women- Blair Babes. Had only been 10 Female Cabinet members until 1997!  Needs to neutralise opposition- As LBJ said you want them in the tent pissing out, not out the tent pissing in. This can be seen with May ensuring Boris Johnson is Foreign Secretary. Famous reshuffles  in 1962 removed a 1/3rd of his cabinet, wanting to make it younger and help the Tories in the polls. The ruthlessness led to it being called the ‘night of the long knives’ and he lost support.  in 2006, prompted by poor local election results, had a massive reshuffle.  Theresa May in 2016 after becoming leader made wholesale changes to make sure her Govt. was different to David Cameron’s. She fired/reshuffled many key Cameroonians- sacked as Chancellor and made sure there was a equal split of Brexiteers and Remainers.  Theresa May in 2018, believing she had regained her strength after the disastrous 2017.. But… misannounced and many ministers simply refused to be moved- resigned and Jeremy Hunt got promoted! Showed her weakness.  Boris Johnson in 2019 after large win in Tory Leadership Contest of July 2019, brought in many Leavers and allies ( and Priti Patel). Lots of Remainer MPs resigned before he had a chance to fire them (Phillip Hammond)  Boris Johnson in 2020 after a huge win in GE 2019, had authority to reshuffle, removing ministers who may have opposed a no deal in December 2020 as well as settling old scores (removing ). However, Chancellor Javid resigned rather than letting BoJo fire his staff. Replaced with ally who agreed to share staff with PM, allowing PM more power over financial policy.

Historical trends in Cabinet-PM relationships  Up to the 1960s, PM was seen as first among equals with most decisions being made collectively, not dictated by PM.  1960s to 2010s seen as era of Prime Ministerial Govt.: o (PM 1964-70 and 74-76) first began to manipulate meetings by agreeinf policies beforehand in bilateral meetings. o (PM 1979-1990) dominated cabinet through personality and bullying . Would also remove any opposition ruthlessly. o Tony Blair (PM 1997-2007) rather circumvented Cabinet by making decisions via his informal Sofa Politics instead.  Coalition Govt. of 2010-2015 was supposed to bring Cabinet Govt. back: o David Cameron had to rely on and 5 other Lib Dem Cabinet members. o This reduced his power of Patronage. o Cabinet was forum for Coalition partners to iron out disputes o BUT.. Cameron created the ‘Quad’ made up of himself, Chancellor George Osborne, Deputy PM Nick Clegg and . The top two of the Lib Dems and Tory, in order to make decisions before meetings.  Governing with small or no majorities- 2015-2019 May and Cameron had to give over more power to their cabinet, as they relied much more on them. This can especially be seen with May who had a disastrous reshuffle in 2018.  Boris Johnson 2020- BoJo has had huge control over Cabinet as seen in Reshuffles, but also able to increase power through use of personal staff- is his SPAD. Also controls staff of other Cabinet members reducing independence. Cummings not being fired after breaking lockdown, shows his power. BoJo also seeks to change Civil Service and make them less neutral and more Brexity.

Can the PM dominate Cabinet?

Agree Disagree PM has power of Patronage and can hire/fire to Cabinet can ultimately remove the PM- with Blair ensure they can dominate. May in 2016 removed being removed in 2007 due to public criticism and all key Cameron allies. Thatcher in the 1980s would Thatcher being removed in 1990 due to losing remove all Wets. Johnson in 2020 solidified control confidence of them and being forced into over staff and Brexit leadership contest. May being removed in 2019. The PM has grown a huge personal staff in recent Cabinet may contain powerful ministers who can years. With the creation of the Policy Unit in 1974 overrule PM. This can be seen with the power of and Tony Blair establishing the PM’s strategy unit Chancellor 1997-2007 to make in 2002 and delivery unit in 2001. These bodies economic policy and dictate policy via spending. allowed PM to control Govt. policy, with staff Removal of Javid in 2020 was to avoid this. answering to them. The PM can use collective security to stop If the Party is divided the Cabinet becomes much criticism, with May successfully neutralising Boris harder to control with Theresa May needing to Johnson in 2017. balance between Brexiteers and Remainers. Her Brexit policy has been difficult due to this. The PM can bypass Cabinet by making decisions Cabinet members can disagree with aims of PM- separately/before. Blair used ‘Sofa Politics. The Bastards overruled on several Cameron had the ‘Quad’ and May used her Special occasions. Theresa May had difficulty getting Advisors of Fiona May and . Johnson Cabinet agreement over Brexit- Remain vs Leave uses Dominic Cummings. The PM has great personal power and legitimacy The PM cannot always use the power of patronage so can force through decisions in meetings. Blair properly due to weakness. Theresa May’s failed had a majority of 179 in 1997, so had personal reshuffle in 2018, led to Justine Greening resigning authority to dominate Cabinet/ rather than being moved, and Jeremy Hunt being promoted rather than moved. 2020, Javid resigning instead of changing Staff,

3.4 Case Studies

Margaret Thatcher – 1979-1990 Conditions and Events  Elected after Winter of Discontent with majority of 43 in 1979  Was very unpopular, but gained massively from the victory in 1982 Falklands War  Iron Lady!  Had a majority of 144 in 1983  Kept a majority of 102 in 1987.  Always had a good majority- so had to focus on controlling party, in order to keep power.  Ultimately lost power due to unpopularity of Poll Tax and loss of Cabinet support. Relationship with Cabinet  Between 1979 and 1982, as Thatcher was new and not as powerful she was more collective.  After the Falklands, Thatcher commands Cabinet and fills it with ‘dries’.  Famously bullied her cabinet members to agree. As seen in these two Spitting Image clips  BUT… ultimately it is Cabinet, led by Geoffrey Howe who move against her after unpopularity of Poll Tax and her bullying style  Knowing she lost support... She resigns. Ability to control policy  Thatcher had her own ideology named after her- Thatcherism.  Her Right Wing ideals defeated the ‘Dries’ and after 1982 she achieved lots of what she wanted: o Trade Union laws o Privatisation o Cutting taxes  But ultimately, her want of the Poll Tax pushed her cabinet and party too far. And rather than stop the policy, she pressed on, causing downfall.

Tony Blair- 1997-2007 Conditions and Events  He won the largest landslide in recent history in 1997- 179 seat majority.  Maintained this in 2001- 167 seats  Even after Iraq War- 66 seat majority in 2005.  Lost popularity in aftermath of Iraq War as it was clear it was failing, and began to be attacked by Brownites.  Resigns in 2007 for Gordon Brown to take over, after public criticism and fall in polls. Relationship with Cabinet  Blair had huge personal power due to election.  He radically changed the set up:  Created the PM Delivery Unit in 2001- giving him more control of Dept. Policy.  Had a powerful press secretary who would control flow of information.  Used ‘Sofa Politics’ to decide policy before Cabinet meetings, meaning little actual discussion was done  said meetings were about how to present policies, not to decide them. Ability to control policy  Blair and his New Labour ideas dominated it’s time in Govt: o Maintaining low taxes o Minimum wage o Constitutional reform o Active Foreign Policy.  But Gordon Brown was the most powerful Chancellor we have ever seen, and by controlling money was able to frustrate Blair and control policy by cutting/spending.  He wouldn't’t even tell Blair the budget before he announced it! Usually only 24 hours before.

David Cameron 2010-2016 Conditions and Events  Cameron becomes the largest party in the 2010 election, but did not win a majority, so joined a Coalition with Lib Dems. Giving him a majority of 38.  Coalition meant Cameron had to listen to Deputy PM Nick Clegg and couldn’t act independently.  Wins 2015 election with a majority of 4 seats (12 seats working majority)- can act more independently, but needs support of whole party  However, slowly loses power due to splits over Europe, and ultimately resigns after losing the Brexit referendum. Relationship with Cabinet  Cameron lost his power of full patronage, it was agreed that certain positions had to be held by Lib Dems (5 positions).  Cameron was not able to reshuffle without asking Clegg.  BUT…Cameron had a very close relationship with chancellor George Osborne, so had good support.  Cameron was also able to avoid cabinet by making decisions in the ‘Quad’ made up of him, George Osborne, Nick Clegg and Danny Alexander. Easy to make decisions there, as long as he got Lib Dems on board. Ability to control policy  TFor 5 years, Cameron was stuck in his Coalition meaning his policies and ideas needed approval from Lib Dems. Despite this he was still able to: o Have policies of Austerity- Student Fees! o Pass gay marriage o Cut taxes o Could still control Foreign Policy- EU Veto  Although he had to accept Lib Dem ideas: o Increasing tax allowance for low paid o AV referendum.  Small majority also meant lost votes- Syria 2013  Also due to coalition, Cameron allowed Ministers to run their depts. Very independently- Michael Gove achieved much in Education without Cameron’s overview.

Theresa May 2016-2019 Conditions and Events  May takes over Tory Leadership and therefore Premiership without a vote…. All her rivals back out due to blunders.  She has supreme power at this point in party despite small majority.  BUT…. Massive loss of power after the 2017 election. Calls for her to resign, as her majority was reduced to zero.  Brexit is also a nightmare- so reduced power to do other things.  Things have gotten much worse in 2018 over Brexit, mass resignations over the Chequers deal in July, mass resignations in November over the withdrawal agreement.  December 12th the 48 letters were received, leading to a vote of confidence. She won the cote 200- 117.  Has already lost 22 votes since the 2017 election- more than one a month!  Biggest loss ever! 230 votes in Jan 2019 over withdrawal deal.  Promised to stand down after continued criticism of her Brexit deal and unpopularity in comparison to Brexit Party Relationship with Cabinet Pre-Election-  Very much so, has a huge reshuffle in 2016- removes key Cameron allies like George Osborne and . Fills with allies and makes a clear balance of Brexit/Remain.  Neutralises threat of Boris Johnson by putting him in Foreign Office.  Clear allies of Damian Green and Gavin Williamson. Post-Election-  Not at all… she planned a post election reshuffle that she needed to cancel- Rumours that Phillip Hammond and David Davis would have lost job. She keeps everyone…  Reshuffle in Jan 2018 was embarrassing- Hunt refused to move and got a promotion!  Cabinet meeting over the withdrawal agreement lasted hours and there were tears.  Many many resignations in 2018, does not look powerful  Cabinet members ignore rulings- abstaining rather than following her.  Ultimately push her out in 2019 Ability to control policy Pre-election:  Despite small majority, she was able to manipulate cabinet with very close advisors Nick Timothy and Fiona Hill. Pre-making decisions much like the Quad/Sofa politics.  They used to go over everyone’s heads.  But she had to follow the 2015 manifesto, so couldn’t do what she wanted…. Post-Election:  Loss of majority means she has had to ditch plans of grammar schools and other choice policies.  Advisors were fired in order to satisfy party.  No agreements on Brexit seem to be made- ministers keep on saying different things.  Withdrawal deal defeated twice0 230 votes and then 149!  Letwin Amendment meant Brexit policy was being decided by Parliament in March 2019.  Has even promised to stand down if Tory MPs support her withdrawal deal.  Had to ask Jeremy Corbyn to join her to negotiate way forwa4rd on Brexit 2/4/19

Boris Johnson 2019-?

Conditions and Events Pre-Election  Boris Johnson inherits a tiny majority and is hugely unpopular with remainer Tories.  He loses his first 6 votes in the Commons, with his lack of majority making it impossible to pass anything.  He suspends any Conservatives who voted against his Brexit timetable, leading to him only having 288 MPs!  Tries to illegally prorogue Parliament, but Supreme Court say he is not allowed.  Wants an election but fails to pass vote… until Lib Dems and SNP decide to support it, forcing Labour too. Post-Election  He now has a majority of 80… Has looked untouchable with great personal ratings.  Huge bounce in support at the beginning of coronavirus- seen as dealing with it well, especially after Furlough scheme.  Cummings breaking lockdown has led to a steady decrease in support, as well as huge death toll. Leadership ratings now at his lowest in June 2020 Relationship with Cabinet Pre-Election-  Difficult balance between Remainers and Leavers.  Many resigned before he could even pick his own Cabinet, with David Gauke, Phillip Hammond and all resigning  Several resign due to the proposed Brexit Deal: Jo Johnson as Universities Minister and Amber Rudd as Work and Pensions Minister. Post-Election-  Due to dominant position had a reshuffle in Jan 2020, replaced many with loyalists and ensured new Chancellor Rishi Sunak shares staff (and therefore lacks independence)  Very reliant on Dom Cummings his SPAD, who may be more important than Cabinet to him Proven by not sacking him after lockdown  Essentially used a small Quad during Corona- Him, Sunak, Gove and Cummings.

Ability to control policy Pre-election:  Essentially no control, wasn’t able to pass anything.  Was lucky that opposition parties granted him an election. Post-Election:  With majority of 80, he should be unstoppable! Passed all legislation so far easily and with no rebellions (Brexit Deal and Law ending parole for terror convicts  ‘New Deal’ seems to be idea of just him, Cummings and Gove, so small group.

Is the Prime Minister effectively a President

Agree Disagree The PM takes on many of the powers of the Head The PM is still not the actual Head of State. The of State, representing the Country in foreign policy Queen retains this role. for example May visited China this year The election of the Governing party depends on The PM is still not directly elected, and this is the popularity of the leader, with New Labour’s especially the case if the PM changes without an landslides depending on support of Tony Blair. election. With Brown and May having no personal Therefore they can be seen as being ‘elected’ as mandate. PM. PM is chief policy maker and controls all military Since the Iraq War, military action by convention and intelligence services. Cameron used RAF in requires a Parliamentary vote- 2013 Syria and 2015 Libya in 2011 without Parliament’s consent. ISIS PM has grown more independent of their party PM still needs the agreement of their Cabinet and Cabinet: before decisions and this can be difficult if weak 1. Much more personal staff with Delivery like Major and May. Unit set up by Blair in 2001 and Implementation Unit set up in 2011 by If the PM has a small majority it is unlikely they ae Cameron. able to dominate their own party. 2. More informal decision making outside of Cabinet- Blair and Sofa politics, Cameron and the Quad, May and her advisors- Timothy and Hill. Johnson and Cummings. PM has grown to speak for the nation in times of PM can be removed by Parliament through a vote crises- famous Blair speech in 1997 after Diana’s of no confidence and by their own party through death ‘People’s Princess’ and Theresa May after the triggering of a leadership election. 2017 terrorist attacks (TMay tried to do this in March 2019 about Brexit, but didn’t quite work!)

Definitions

4.Relations between Branches revision guide

4.1 The Supreme Court

Roles of the Judiciary:  Dispensing Justice- Courts are expeted to decide civil and criminal cases.  Making Law- o Interpreting law- via court decisions, Judges can re-interpret laws. Creating precedence. o Case Law- Judges decide how law applies in certain situations, it is then followed by other courts. o Common law- Judges can declare what laws should be viewed  Judicial Review- Courts hear cases brought by Citizens against the Government and the State.  Public Inquiries- Judges can investigate certain events/bodies. 2012 Leveson Inquiry into the media. Composition of the Supreme Court:  Opened in 2009 after the Constitutional Reform Act of 2005  12 Justices who are appointed by the JAC- serve for ife  Lord Chancellor can veto any appointment.  All are experts and senior judges. European Court of Human Rights  Due to signing up to the ECHR, the UK must abide by its rulings also. With cases essentially changing UK law  Supreme Court can make a declaration of incompatibility.  However due to Sovereignty, the UK Government can simply ignore it. As it did in 2015 ignoring a ruling that the UK had to give prisoner’s voting rights. Is the judiciary independent and neutral? Yes No Judges are relatively anonymous, so are not In the wake of the Miller case, Judges are now pressured by the public. more high profile- Daily Mail headline ‘Enemies of the People’. May be swayed to follow public. Judges are not allowed to be politically active and While SC judges cannot be politically active, they are all highly trained/active may hold political views. With the increasing use of Judicial Review showing an increased politicisation of the Court. Judges are made to publish the justifications for The Court is not very diverse- only three women, their decisions and these can be made public on all went to Private or Grammar School, all are the Supreme Court website white. This problem was seen in the 2010 Radmacher vs Granatino- a case on Pre-Nups. Lady Hale was the only justice to side with the female plaintiff. Judges are appointed by panel of The Lord Chancellor still has the influence over experts, as opposed to by political parties. final appointments. They may veto appointments Ken Clarke did this several times in 2011

Judges have are appointed for life (retire at 70) and BoJo looks set to reduce their independence (no can only be removed by both houses of Parliament plans yet) after malpractice Income is secure and very high- over £200,000

Is the Supreme Court powerful? Powerful Not Powerful The Court’s existence and independence of the The Court must wait for appeals, and cannot court is in law- 2005 Constitutional Reform Act activate its own cases The Court can stop the Government via judicial Judgements can be overturned by law- Gordon review- 2017 ended Tribunal fees, 2017, said Brown passed the 2010 Terrorist Asset Freezing Parliament had to vote on Article 50- Prorogue of Act to overcome a SC judgement Parliament in 2019, ending Third Runway at Heathrow Feb 2020 The Court can interpret law and therefore change The ECHR can also hear cases and overturn the it. Jogee vs Regina in 2016 changed Joint Supreme Court- 2009 Shireby vs UK changed Enterprise laws. widow laws. The Court can declare legislation as incompatible The Government can ignore incompatibility with the ECHR- Belmarsh case of 2004. decisions- David Cameron refused to give prisoners the vote in 2015 Executive can propose legislation to reduce power of the Court- BoJo looks likely to do this in 2020- 2024.

4.2 Relations between Parliament and Executive

How do Supreme Court check Parliament/Executive?  Power of Judicial Review- Court can declare Govt. action as illegal due to laws/Ultra Vires (going beyond their power) Miller Case 2017- Declare the proroguing of Parliament as illegal and forced it to be reopened in September 2019.  Can declare a law is incompatible with the ECHR- 2003 Sexual Offences act, Belmarsh  Can make public inquiries into action of Govt- Macpherson Report looking at Stephen Lawrence murder.  Can reinterpret law and change it’s application- Jogee case and Joint Enterprise laws. How do Parliament check the Judiciary?  Can dismiss Judges who are seen to be corrupt (never happened)  Can pass new laws to circumvent rulings (2010 Terrorist Asset Freezing Act)  Can abolish them How do Executive check the judiciary?  Lord Chancellor can veto appointments- Ken Clarke did this twice in 2011  Can ignore ECHR declarations- Prisoners votes 2015  Can propose legislation to change their powers and composition (BoJo has suggested this in 2020) How do Parliament check the Executive?  Can dismiss a Govt. with vote of no confidence- 1979 Jim Callaghan  Can veto legislation- EU Withdrawal deal- defeat by 230 votes! She has been defeated 22 times since Election. Johnson lost his first 6 votes!  Amendments can take control of legislative agenda- Letwin Amendment 25/3/19  Can amend and delay legislation- Lords had 4,500 amendments last year.  If Govt. has small majority- all of this is easier.  Departmental Select Committees have become more effective- Elected chairs and reveal problems-  Liaison Committee meets three times a year and grills PM  Lots of opportunities like PMQs and Minister’s questions to hold to account How do Executive check Parliament?  Due to the fusion of powers, if Govt. has a majority it can result in an Elective Dictatorship- with laws passing easily.  Patronage of PM demands loyalty of Govt.  Govt. controls the legislative process.  Collective responsibility means Govt. ministers have to support the Govt.  House of Lords has now been weakened due to Salisbury Convention and Parliament Acts  Govt. have the support of the Civil Service (looks to be more pro-Government in wake of 2020 changes)

Does Parliament now dominate the Executive? Can dominate Cannot dominate The old Government lacked a majority- Theresa When a Govt. lacks a majority it’s MPs usually May has lost 22 votes this Parliament already! support it more strongly-. Johnson lost his first 6 votes.

This has made the Houses of Lords more confident- voting against the Brexit bill several times- 4,500 amendments Parliament now has more power over Foreign Government usually enjoy large majorities: Policy with the convention of voting on armed Blair: interventions- David Cameron lost the vote on  ’97-’01-179 Syria in 2013- first Foreign Policy vote lost by a PM  ’01-’05- 167 ever. Thatcher:  ’83-’87- 144  ’87-92’ 102 Johnson majority of 80! Select Committees have grown in power- Chairs Collective responsibly and patronage allow the are elected and take their jobs seriously. Current Whips and PM to dominate their own party. chair of the Health Committee is Jeremy Hunt the Theresa May in 2016 fired many Cabinet members ex-Health Secretary with no loyalty to Boris who were Cameronites. BoJo in 2020 has very Johnson still holds the Govt. to account. supportive and loyal cabinet. House of Lords has become bolder in stopping the Govt. controls the legislative agenda. There are Government- due to lack of majority they claim the only around 5 Private Member bills passed each Salisbury Convention does not apply. In 2018 they session. Majority are Public bills proposed by Govt. rejected the Tories changes to how kids were eligible to Free school Meals. Parliament can dismiss the Govt. with a vote of no Govt. have support of Civil Service- means PMQs confidence- 1979 Jim Callaghan and Minister’s questions are usually very one sided as they have all the stats and answers to their fingertips.

4.3 The EU and impact of Brexit

What are the main features of the EU?  Customs Union- members can trade with each other without taxes (tariffs).  Single Market- Free movement of goods, services, money, workers and people. Also means countries must have same regulations.  Economic Union- Countries are responsible for each other’s growth through system of grants and use of EU Budget.  Political Union- Countries develop common foreign policy, human rights, and social rights Four Freedoms:  Free movement of People  Free movement of Goods  Free movement of Services  Free movement of Capital

Main policy areas affected by EU?  Agricultural Policy- EU decided how to spend grants and would give subsidies and create regulation on production.  Common Fisheries Policy- EU designed to conserve fish stocks, means each country has a quota and equal access.

Impacts of Brexit?  Constitutional impacts o UK should regain all legal sovereignty o European Court of Justice will no longer have any power o could remain within the customs Union  Political impacts o Splits in both main parties between Europhlles and Eurosceptics. o Scotland voted to remain but will still leave- leading to renewed calls for independence. o UK will need to undertake long process of negotiations

4.4 Location of sovereignty in the UK

Legal Sovereignty- Where Sovereignty lies constitutionally- De Jure. Parliament holds all Legal Sovereignty

Political Sovereignty- Where Sovereignty lies in reality- De Facto. In which case it spread all over.

Where can Sovereignty lie?  EU- During transition deal, still has control over many laws- for example Fishing.  Devolved areas- Scotland, Wales, N Ireland, London and other regions all have certain powers over their given areas.  Supreme Court- Court has Sovereignty as it can stop the Govt. and Parliament. It can also independently change the laws.  Prime Minister/Govt.- Depending on size of majority, the fusion of powers means the PM can hold nearly unlimited legislative power.  The People- With the rise in use of referendums and likelihood that Parliament will follow through on Brexit.

Is Parliament no longer Sovereign? Sovereign Not Sovereign Miller Case of 2017 proves that Parliament does Parliament will in reality always follow referendum not have to follow Referendum results. results so not to look undemocratic. All referendums have been followed by Parliament in last 25 years. By leaving the EU we should reclaim all Legal Likely that a softer deal is announced with Brexit Sovereignty being delayed, likely to keep many rules and regulations Parliament can reverse all Devolution by passing It is unlikely parliament would ever reverse laws. devolution, with the UK having ‘Quasi Federalism’ Parliament can circumvent the Supreme Court as Supreme Court has been growing in power with its seen in 2010 with Gordon Brown and the freezing use of Judicial Review increasing of Terrorist’s assets. Parliament can ignore rulings of the ECHR- 2015 ECHR is becoming increasingly entrenched and and Prisoner’s rights to votes. Parliament is not always bold enough to defy it

May’s majority has emboldened parliament- When the PM has a large majority defeated her 22 times, and Letwin amendment in (Blair/Thatcher/Johnson) Parliament finds it hard March ’19 took control of Commons Business to win votes.

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