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Paper 1: Government and Politics of the UK
1. The Constitution (Done)
2. Parliament (Done)
3. PM and Executive (Done)
4. Relations between Institutions (Done)
5. Democracy and Participation (Done)
6. Political Parties. (Done)
7. Electoral Systems (Done)
8. Voting Behaviour and the Media (Done)
1. The Constitution
Constitution: A set of laws and guidelines setting out how a political system works, and
where power is located within the system. It defines the powers and functions of
government and the rights of ordinary citizens in relation to the government.
The overall effect of the gradual development of the UK constitution has been to;
- Reduce the powers of the monarchy, and to extend those of Parliament.
- Increase the rights and freedoms of the ordinary citizen.
- Draw together the component parts of the UK.
- Increase the power of the elected house of commons at the expense of the
unelected house of lords.
- Define the UK’s relationship with the institutions that later evolved into the EU.
Nature of the UK constitution:
The UK constitution is distinctive in several important respects;
- It is uncodified: there is no single legal code or document in which the key principles
are gathered together. Instead, it is derived from a number of sources, some written
down and others not (conventions and traditions). Unlike, the 1789 US Bill of Rights.
- It is unentrenched: It can be altered relatively easily, by a simple majority vote in
parliament. Has a higher degree of flexibility than a codified constitution. There is no
special legal procedure for amending the UK constitution. In the UK all laws have
equal status. By contrast, a codified constitution has a higher status than ordinary
laws and some or all of its provisions are said to be entrenched. E.g. an amendment
to the US constitution requires the support of 2/3rd of Congress and ¾ of the states
to become law.
- It is unitary: sovereignty has traditionally been located at the centre, with the
component parts (England, Scotland, Wales and N.Ireland) all essentially run from
Westminster. This has changed with the introduction of devolution in the late 1990s.
However, legal sovereignty still lies at Westminster as the devolved powers can
always be called back. The distribution of power between the central and regional
governments of the UK can still be altered by an act of parliament. This is an
important difference between the UK and the Federal government of the US.
,The twin pillars of the UK constitution: Parliamentary Sovereignty and Rule of Law.
Dicey identified two key principles of the UK constitution;
1. Parliamentary sovereignty: Parliament can be said to be sovereign, according to
Dicey, in 3 main ways;
- No parliament can bind its successor. Parliament has the right to amend or
repeal any acts passed by previous parliaments. E.g. in 2003 parliament
repealed Section 28 of the 1988 Local Government Act which had made it
illegal for local authorities and schools to intentionally promote
homosexuality.
- Parliament can make a law on any subject. For example, the major social
changes of the mid-1960s: legalising abortion and homosexuality, making
divorce easier and abolishing the death penalty. These all depended on the
passing of acts by Parliament.
- Legislation passed by parliament cannot be struck down by a higher body,
such as the constitutional court. The UK’s supreme court can interpret but
not overturn an act of parliament. E.g. the can put forward a Declaration of
Incompatibility if laws between the UK and the EU are contradictory however
they cannot change the law, but simply advise parliament on this
contradiction and it is for parliament to act.
2. Rule of Law: Dicey argued that this was the main way in which the rights and liberties
of citizens are protected. Respect for the rule of law is important because it acts as a
check on parliamentary sovereignty, which in theory might take away peoples
liberties. Under the rule of law;
- Everyone is entitled to a fair trial and no one should be imprisoned without
due legal process.
- All citizens must obey the law and are equal under it.
- Public officials are not above the law and they can be held to account by
courts.
- The judiciary must be independent of political interference.
The 5 Main sources of the UK Constitution:
1. Statute Law: The body of law that is passed by parliament. Not all laws are
constitutional, only those that affect the nature of the political systems and rights of
citizens. It is the most important source as it is underpinned by the concept of
parliamentary sovereignty. E.g. The 1998 Scotland Act, Government of Wales Act
and Northern Ireland Act: created devolved bodies and were given some powers
that were previously held by Westminster.
2. Common Law: Legal principles laid down by judges in their rulings in court cases,
which provide precedent for later judgements. Important in cases where it is not
clear how statute law should be applied in practice. E.g. the presumption that a
person accused of a crime is innocent until proven guilty. The concept of habeas
corpus is a common law protection against unlawful imprisonment which was
converted into statute in 1679.
3. Conventions: Customs and practices that do not have legal force, but which have
been broadly accepted over time. They can be challenged and changed by an act of
parliament. E.g. the principle established since the 2003 Iraq war and subsequent
, parliamentary votes, that except in an emergency, the government will not order
military action without parliamentary approval.
4. Authoritative works: Textbooks that explain the workings of the political system but
lack legal standing. E.g. Erskine May’s “Parliamentary Practice”, first published in
1844 and regularly updated, explains the rules of parliamentary life.
5. Treaties (Including EU Law): Agreements with other EU member states, which UK
governments have signed since joining what is now the EU in 1973. Following the
2016 referendum, preparations are being made to leave the EU. Arguably the most
important treaty was Maastricht (1992), which transformed the European
Community into the European Union.
How the constitution has changed since 1997:
The election of the labour government in 1997, after 18-years of being opposition, saw
extensive constitutional reform. Since the end of the labour government, some of these
changes have been developed further. Why did this period see drastic constitutional
reform?
1. Demands for modernisation: Old labour had adopted some political reforms, such as
extending the vote to 18-year-olds in 1969. However, it had been mostly concerned
with socio-economic issues. Blair’s New Labour was more open to demands from
pressure groups such as Charter 88 who wanted more open democracy and stronger
guarantees of citizen’s rights. Blair expected that he needed support from the
Liberal Democrats who were also committed to constitutional changes, especially
the reform of FPTP.
2. The experience of conservative rule (1978-97): They had refused to undertake
constitutional reform. This had helped build up pressure for change, especially in
Scotland where they felt ignored by Westminster.
Changes under Labour (1997-2010);
1. House of Lords reform: The government ended the right of all but 92 hereditary
peers to sit in the Lords. This would reduce the influence of Labour’s opponents
within the political system, as the majority of hereditary peers supported the
conservative governments. The removal of the majority of hereditary peers also
modernised the appearance of the lords. The majority were now life peers who were
meant to be appointed on grounds of merit in their respective fields. No political
party now dominated the lords. From 2000 the House of Lords Appointment
Commission nominated a proportion of peers who were not linked to a party.
However, the PM and other party leaders continued to make nominations on party
political grounds and no agreement was reached on making the lords either wholly
or partly elected, so still lacking democratic legitimacy.
2. Electoral Reform: Various forms of proportional representation were introduced for
elections to the devolved assemblies and the EU. However, no action was taken in
introducing this system for the Westminster elections. It was concluded that as
Labour had won significantly under the FPTP system they had no interest in changing
it.
3. Devolution: Devolved bodies were created for Scotland, Wales and N.Ireland
following referendums in 1997-1998. This was designed to damp down support for
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