Politics paper 2 fact sheet
Constitution – set of laws and guidelines setting out how a political system works.
“Govt without a constitution is power without a right” – Thomas Paine.
Magna Carta 1215 – crown is not above the law.
Bill of Rights 1689 – free election, not tax without representation, freedom of speech.
Act of Settlement 1701 -primacy of parliament.
Act of Union 1707 – united Scotland, England, Wales.
Parliament Act 1911 (lords right to veto) 1949 – reduced delay powers to a year, primacy of
commons.
European Communities Act 1972 – joined EEC under Heath.
1991 - EU precedence over domestic law until 2020.
Royal prerogative used in the royal pardon of Alan Turing in 2013.
Constitutional changes since 1997:
CRA 2005 established SC 2009 and ended HoL judicial function.
1998 HRA incorporated into EU law.
HoL Act 1999 reduced hereditary peers to 92. 2017 Burns reports called for further reduction of HoL.
Electoral reform less popular following Lab landslide.
Equality Act 2010
Fixed term Parliaments Act 2011. Johnson repealed in 2022.
Electoral reform – AV referendum lost 68%.
Backbench committees established. Electronic petitions.
Further powers devolved to Scotland and Wales.
Elected mayors and police commissioners. Metro mayors in Cambridgeshire, Peterborough etc.
Mayor of Greater Manchester in currently Andy Burnham.
Recall of MPs Act 2015. First successful 2019 against Peterborough MP Fiona Onasanya.
2014 Scottish independence referendum voting age lowered to 16 for the first time. As was done in
2021 Wales.
1998 Scotland, NI, Govt of Wales Act.
78% voted no in 2004 North East England for devolved parliament.
Scotland 1997 74% Yes.
2014 Independence referendum – 55.3% No. Further powers given through Smith Commission vow.
Result of EU referendum in which Scotland voted to remain could encourage further demand for
independence. UK vote not representative of Scotland.
Scotland being able to legislate on income tax while Wales and Northern Ireland cannot.
University in Scotland is free due to allocation of funding whilst in England fees still apply.
In 2023 Westminster blocked Scotland’s gender recognition bill and again in 2014 following the
Scottish Independence referendum in refusing another referendum.
Wales 1997 50.3% Yes.
Wales Act 2014 – control of stamp duty, land tax, landfill tax, Welsh government instead of
assembly, control of income tax 2015 up to £3bn a year.
2017 – vary income tax by 10p. power over electoral arrangements, transport, energy.
, NI Good Friday Agreement 1998. 2016 EU referendum issue of borders. STV used for possession of
equal powers. Until the collapse of the power sharing agreement in 2017 the two main parties had
been working together. Ongoing discussion over the implication of Brexit for Northern Ireland. 2022
Windsor agreement accepted by UK parliament and EU but DUP voted against, refusing to take part
in power-sharing govt until its concerns are addressed.
Wilson imposed direct rule in 1972 and has since been re-imposed from 2002 until 2007.
Major main policy 1997 was opposition to devolution proposed by Blair as he believed could lead to
break-up of the union. Conservatives more likely to struggle to pass laws as MPs from devolved
assemblies oppose Con policy. Lab benefits – Blair needed 67 Scottish and Welsh MPs to push policy
to set up foundation trusts in English NHS.
Devolution significant in handling COVID. Devolved assemblies could implement policy specific to the
severity of COVID within their region. England often followed decisions made by devolved
assemblies. Chris Whitty agreed with Scottish counterpart that banning household visits was
necessary.
Funding per person in Scotland is over 30% higher than in England.
As a result of Barnett Formula - 2019 – NI £11,590. England £9,296.
English Votes for English Laws introduced in 2015 address issue of voting on matters only effecting
England. 2016 Scottish MPs voted against change to Sunday trading laws in England. EVEL removed
in 2020. Used in 2016 when English and Welsh members were given ability to consent to parts of the
Housing and Planning Bill that only applied to their constituents.
England has most representatives in parliament – 558. Overdominance.
West Lothian Question
Overall support for an English parliament put at 41%. In Blair’s 2004 proposal referendum failed with
turnout of 48% and 78% voting No.
Suggested only 5% of voters feel represented in West Minster. In 2014 survey amongst people in
Northern England suggested demands for devolved powers. 85% voted in favour of more control of
policing, taxation and education.
2017 SNP won 35 seats winning 3% votes whilst LibDem 12 seats but over 7.4% of the vote.
2019 Johnson proroguing of parliament deemed unlawful.
Currently only one woman on the SC. High levels of education means they are likely to favour the
establishment.
2005 govt introduced control order, allowing authorities to restrict movement of suspected terrorist
– conflict with HRA yet Act of Parliament overrides.
2010 coalition government led to compromises by Cameron to retain compliance. Electoral reform.
Terrorism Act 2005 allowed terrorist suspects to be held up to 28 days – thanks to uncodified nature
constitution.
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