Gov & Politics Boxes
Constitution
Development Nature Sources
Gradual evolution Uncodified – no single legal Statute law – the body
Elements can be traced back over 1000 years code or document, instead of law passed by
Power used to be in the hands of the monarch, derived from a number of Parliament. The most
but some was transferred to the landowning sources important source as it
nobility for cooperation Unentrenched – can be altered is underpinned by
In the 13th century, Parliament was formed to relatively easily as there is no parliamentary
advise the monarch, pass laws and give consent special procedure for its sovereignty.
to taxation amendment, more flexible Common law – legal
Parliament gradually gained more power than than a codified constitution principles laid down by
the monarch and, by the 19th century, the power Unitary – sovereignty located judges in their rulings
of the latter was merely constitutional as they at the centre – all run from in court cases which
acted on the advice of ministers. London and treated in a similar provide precedents for
Voting rights were progressively extended way. This has been modified later judgements.
Recognised from 17th century that the judiciary since the introduction of Conventions – customs
should be independent of political influence and devolution in 1990s and practices that do
control Parliamentary sovereignty – not have legal force but
Some important written documents – reduce the the principle that Parliament have been broadly
powers of the monarchy and extend those of can make, amend or unmake accepted over time.
Parliament, increase the rights and freedoms of any law and cannot bind its Can be challenged and
the ordinary citizen, draw together the successors or be bound by its changed by an act of
component parts of the UK, increase the power predecessors Parliament.
of the elected HoC at the expense of the Rule of law – the principle that Authoritative works –
unelected HoL, define the UK’s relationship with all people and bodies, including textbooks that explain
the institutions that later evolved into the EU government, must follow the the working of the
Developments: Magna Carta (1215) which stated law and can be held to account political system. Useful
that no one should be deprived of if they do not. Under the rule but lack legal standing.
liberty/property without the due process of law, of law, everyone is entitled to a Treaties (including
Bill of Rights (1689) which included provisions trial and shouldn’t be European law) –
surrounding parliament and elections, Act of imprisoned without due agreements with other
Settlement (1701), The Acts of Union (1707) process, all citizens are equal EU member states,
which united England and Scotland until 1997, under the law and must obey although this was
Parliament Acts 1911 and 1949 which reduced it, public officials ae not above removed upon the exit
power of HoL and European Communities Act the law and can be held to from the EU
which set EU law above UK law until Britain left account by the courts, the
the EU in 2020. judiciary must be independent
of public interference
Devolution
England Scotland Wales Northern Ireland
Blair government Has a strong nationalist Nationalism weaker, Background of violent
created an elected movement so received more concerned political division between
mayor with executive more powers with protection of unionist and nationalist
powers supported by Scottish parliament and cultural identity communities. Power-
the Greater London gvt set up in 1999, with Set up in 1999, AMs sharing gvt seen as critical
Assembly in 2000. MSPs elected every four elected by AMS and to restoring peace
They share oversight years using AMS who must represent Established following 1998
of policy areas such scrutinise the work of the Welsh people, make Good Friday agreement
, as policing, transport Scottish gvt. laws on devolved with aim of bringing
and economic Head of Scottish gvt is areas and hold together the two main
development. By Nicola Sturgeon Welsh gvt to communities
2015, a further 16 Main areas that the account Was suspended from 2002-
areas had decided to devolved powers cover Much smaller than 07 following a breakdown
adopt the elected are: education; tourism, Scottish Parliament of trust between the
mayor model. sport and culture; and led by Carwyn Unionist and republican
There were further agriculture, fisheries and Jones groups.
plans for elected forestry; economic Main powers are in Consists of 90 MLAs elected
regional assemblies development; health and culture and sport; by STV, a highly
didn’t win support social services; education and proportional voting system
(78% ‘no’ in North- environment and training; economic which ensures the
East) as people planning; housing; justice; development; the representation of both sides
thought this might be police and fire services; environment; rather than the dominance
expensive with little local government and housing; transport; of the larger grouping
impact some aspects of transport planning (except Led by first minister and
‘Metro-mayors’ were policy major energy deputy minister
created, with the aim Additional powers granted infrastructure); Main powers are in
of developing an in 2012 such as drink agriculture, fisheries education; welfare and
economic growth driving limits and taxation and forestry; local pensions; employment and
strategy and making powers government; health skills; economic
policies on housing, Further powers given in and fire and rescue development; transport;
skills and transport 2015-16 linked to taxation services housing; local government;
Discussion of idea of and welfare health and social services;
English Parliament justice and policing;
has not received environment and planning;
widespread support agriculture; culture and
sport
Processes
Selection to Chosen through elections to represent single-member constituencies using FPTP. An average of 6
HoC candidates per constituencies, mainly chosen and supported by political parties. Under Fixed Term
Parliaments Act (2011), general elections are supposed to be held every five years, but they can be held
if a government loses a vote of no confidence and the PM cannot form a new administration within 14
days or if 2/3rds MPs support the calling of an early election. If an MP dies or retires during a
parliamentary term, the vacancy is filled through a by-election in that constituency. Most MPs are
linked to a party rather than independent, although some become independent during their term (e.g.
Douglas Carswell). Majority of MPs are backbenchers and the rest are frontbenchers (more important
roles).
Selection to Does not have an upper limit on size of membership.
HoL Hereditary peers – Given a peerage by the monarch and passed this down to their eldest son. By
late 19th century, they overwhelmingly supported Conservatives. All but 92 had their powers
removed by Labour in 1999.
Life peers – Cannot pass on their title when they die. Some are nominated by political parties and
all are vetted by the independent HoL Appointments Commission. Some are former MPs/council
leaders; other are diplomats, senior civil servants, academics, doctors, leaders of religious faiths
and business people.
‘Lords Spiritual’ - Anglican archbishops and bishops who sit in the Lords for historic reasons as the
CofE is the official church of the British state.
Legislative Most legislation is initiated by the gvt ad there is little opportunity for backbench/opposition MPs to
, process (inc propose measures of their own. Parliament mostly reacts to rather than develops legislation and is
interaction rarely able to defeat or significantly amend it as this requires solid opposition and gvt rebels (e.g.
and Salisbury Sunday trading 2016). Party whips ensure MPs attend parliamentary votes if essential and may offer the
convention) prospect of ministerial posts in order to encourage loyalty/sanctions to deter rebellion. Governments
can use idea of overriding necessity to justify legislation, such as ones which relate to terrorism.
A bill is introduced either by HoC or HoL. It then goes through First Reading (bill made available to
members of the chamber but not debated/voted on), Second Reading (principle of bill is debated and
vote may be taken if it’s contested), Committee stage (bill scrutinised in detail by public bill committee
and amendments may be made if gvt is prepared to accept them), Report Stage (whole House
considers amendments made and may accept/reject them), Third Reading (amended bill is debated and
voted on by whole House), HoL/HoC stage (same process through the other chamber, can take up to a
year before it becomes law), Royal assent (formality - monarch signs the bill, making it law).
The Executive
Structure PM – head of executive who chairs Cabinet and manages its agenda; appoints all members of Cabinet
an junior ministers and decides who sits on Cabinet committees; organises structure of gvt and can
create, abolish or merge departments
The Cabinet – 20-23 senior ministers. Several senior figures are not members of Cabinet but attend its
meetings. Cabinet Office headed by Cabinet secretary and provides administrative support and help in
delivering policy. Many decisions taken in Cabinet committees, dealing with particular areas of policy
(e.g. economic affairs, national security)
Government Departments – each one responsible for an area of policy (e.g. defence/transport); each
headed by Cabinet Minister supported by several junior ministers responsible for specific aspects of
department work
Executive agencies – semi-independent bodies that carry out some functions of gvt departments (e.g.
DVLA overseen by dept for transport)
Powers Royal Prerogative powers – historically belonged to Crown but now PM/other ministers. Many
improperly defined and largely set up on the practice of previous gvts. Main powers are: award
honours (some given personally by monarch), declare war and authorise use of armed forces, sign
treaties, take action to maintain order in case of emergency, grant and withdraw passports, grant
legal pardons and appoint ministers and other senior office holders. Since 2011, two
removed/reformed: right to determine when the election takes place removed and right to deploy
troops before approval reformed.
Initiation of legislation – Controls most of Parliamentary time available for legislation. Can usually rely
on a majority and whips to push through its proposals; can curtail debates on individual clauses of a
bill (applies only in HoC); since 2002, it has been possible to carry over uncompleted legislation from
one session to another without having to start again from the beginning of the legislative process
Secondary legislative power – government uses powers created by an earlier act to make a law
without passing a new act of Parliament. Most common is statutory instruments which enable a gvt
to modify/repeal existing legislation without introducing a new bill, which reduces time consumed
pointlessly. However, can be controversial as gvt has been accused of “sneaking changes through the
back door” due to the ability to evade parliamentary scrutiny through these measures. Parliament can
debate and, in theory, reject a statutory instrument but about 2/3rds simply become law on specified
date in future without being put before MPs.
Importance of parliamentary privilege = the right of MPs/Lords to make certain statements within
parliament without being subject to outside interference including law. This is important for
