Revison Cards Unit 2

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    The UK

    constitution

    What is the constitution

    A set of principles, written or unwritten, thatestablishes the distribution of power within apolitical system , relationships between politicalinstitutions the limit of government jurisdiction,the rights of the citizens and the method ofamending the constitution itself

    Nature of the constitution (1)

    Determines how political power should bedistributedunder a unitary system ultimatepower lies with parliament, but the constitution

    deciphers how the power is distributed betweengovernment and parliament and between theHOC and HOL

    Establish a political processrelationshipsbetween institutions and the rules that they mustwork in

    Limits government powerthe Britishconstitution makes parliament sovereign andthey can act as they please

    Nature of the constitution (2)

    Gives rights to the citizensmost countrieshave a bill of rights which stops the governmentfrom breaking basic human rights.

    Determine nationality establishes who isallowed to be a citizen and how outsiders maybecome citizens

    Rules for amendingThe UK constitution isamended through parliamentary statue andconventions. In Ireland and France they musthold referendums.

    Codification

    The process of setting out the constitution in anorganised way in a single document. i.e. it has asingle source.

    Clear and every citizen has access to itEasier to solve disputesGives citizens something to identify with.

    Usually occurs as a result of a revolution, civilwar or the creation of a new state.

    Two tier legal system

    When a country has a codified constitution thereare usually two types of laws. Higher laws, whohas power rights of citizens; and lower lawsadministration of the state, criminality, etc. Thehigher laws are usually entrenched and needreferendums two thirds majority etc to bechanged but the lower laws are not safeguardedby such procedures and can be changed.

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    Uncodified constitution

    Many argue that because the UK constitution isuncodified it does not exist. Parts of it may bewritten but there is no one single document.

    It does not have one single source but comesfrom statute and common law as well as theconventions that have come about over theyears.

    Therefore the UK has a single tier system.

    Entrenchment

    This is what protects the constitution from shortterm amendment. As constitutional reformmakes a massive impact on a countrys politicalsystem. It must achieve widespread support ofthe people and be in the long term interest of thecountry. For example referendums andparliamentary procedures

    In the UK it is not possible to entrench principlesas parliament is sovereign. Parliament is notbound by its predecessor or successors

    Judicial review

    If a citizen takes the government to court toappeal their rights in the constitution. Senior

    judges look at the constitution and interpret whatit means in todays society, and there ruling ineffect becomes part of the constitution. In theUK parliament is sovereign and can pass an actto evade this.

    An example being the 9 terror suspects held atBelmarsh who appealed habeas corpus and thejudges ruled that they were detained illegally butparliament swiftly passed The Terrorism Act2006 allowing suspects to be held for 28 days

    Arguments suggesting there is no UKconstitution

    It is uncodified not organised into any single

    document, but is scattered in many differentsources and some parts are unwritten.

    Constitutional statutes do not have moreauthority than other statutes. There is no basicand higher law.

    Constitutional laws cannot be entrenched due toparliamentary sovereignty.

    Arguments suggesting there is a UKconstitution

    There is a general sense of a constitution.

    Tradition is a very powerful influence within theUK. Governments are reluctant to infringeindependence of the Judiciary, freedom ofexpression, primacy of the Cabinet etc.

    The public act as guardians of constitutional

    principles by voting out governments that haveoffended against these principles.

    There are accepted forms of constitutional rules.

    Arguments for a uncodified constitution (1)

    Flexibility the UK constitution is organic androoted in society so it changes in order to takeinto account changes in society. Changes to themonarchy and terrorism.

    Executive power - it is good to have agovernment that can handle issues easily

    Traditional conservatism it has worked for so

    many years why change it now, there have beenno significant revolutions or political unrest.

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    Arguments for a uncodified constitution(2)

    Difficulty in changing it - it would be immenselydifficult to gather the constitution into onedocument as it stems from so many differentsources

    Much of the important parts of the constitutionare already codified - Human Rights Act 1998,The Devolution Acts, and Freedom ofInformation Act. Most constitutional reforms nowhave referendums effectively codifying them.

    Arguments for a codified constitution

    Human rightsthere are no real safe guards forthe human rights act 1998 as parliament issovereign

    Government is too powerful - reformers arguethat the government is not constrained wellenough

    Clarity if people knew what their rights werethey would feel less voter apathy and getinvolved

    Modernitythe UK seems out of touch with therest of the world and especially the EU.

    Unitary and federal constitutions

    In a unitary constitution sovereignty lies firmly inone place, parliament. And although it maydevolve power it still has the power to recall this.

    In a federal system sovereignty is distributedbetween central bodies and regional institutions.This usually happens when a number of regionalbodies come together and agree to givesovereignty to the central body. But still protectregional differences.

    Sources of the UK constitution (1)

    Parliamentary statues - acts of parliament thathave the effect of establishing a principle.

    Constitutional conventions an unwritten rulethat is considered binding in politicalcommunities. They cannot be challenged in lawbut have a moral force that protects them.Salisbury convention.

    Historical principles principles that havedeveloped over years. Such as sovereignty of

    parliament and parliamentary government

    Sources of the UK constitution (2)

    Common law laws that have been usedthroughout history such as the PMs prerogativepowers that the courts guard. When there is nostatute in place these laws are used.

    Traditionpractices and traditions of parliamentsuch as allowing the queen to announce newlegislation, i.e. the queens speech.

    Main characteristics of the UK constitution

    Uncodified

    Not entrenched

    Constitutional monarchy royal prerogative

    Sovereignty of parliament parliamentary govt

    Party government

    Unitary government

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    Sovereignty in the UK

    Legal sovereignty parliament is the legislatureand is the only power that can pass/repeal laws.

    Political sovereignty political power lies withthe electorate at the time of an election, butotherwise with government. And because of theprime ministers prerogative powers he also hasa large amount of political power. Finally inextreme circumstances the monarch couldpossibly take back these powers.

    The EU and the Constitution (1)

    Parliament passed the Europeans committeeact in 1972 allowing Britain to join the EU

    EU law is superior to British law factortamecase Spanish vessels allowed to ship in Britishwaters according to the fisheries regulationseven though it was against the merchantsshipping act.

    British courts must implement EU law

    House of lords is no longer the highest court ofappeal the European court of justice is

    The EU and the Constitution (2)

    For proposals requiring a unanimous vote in the

    EU council, it has an effective veto and canblock these. For example the harmonioustaxation

    Where proposals only need a majority the UKmust accept these

    Parliament should not pass any statues thatconflict with EU law

    Where has sovereignty in the UK gone?

    Parliament remains fully legally sovereign as all

    law must be passed by parliament, and where ithas devolved these powers it can take themback. With regards to the EU

    Parliament has to effectively accept the result ofa referendum

    A lot of power has gone to government or theprime minster, through the prerogative powershe uses on behalf of the crown

    Attitudes towards constitutional reform

    The conservatives believe that reform shouldnot be a conscious policy but a more naturalprocedure. Usually when there has been apolitical breakdown, such as the call for theremoval of the house of lords led to the removalof hereditary peers. As it would disrupt thepolitical process of the UK. Labour and theliberals have had more dominant issues andconstitutional reform has few votes so its beensqueezed off the agenda. Even when there hasbeen time socialists and liberals have neverbeen able to agree on what reforms should takeplace.

    Constitutional reform before 1997

    Overall there has been very little change

    UK joining the European committee in 1973

    Political role of monarchy has graduallydisappeared

    The role of the house of lords has beenweakened by the Salisbury convention and the1911 parliament act that said the house of lordswill not interfere with financial affairs.

    Power has drifted from local government tocentral government through many differentpieces of legislation and conventions

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    Why labour supported constitutional reformin 1997

    The parties ideology had always supportedequal rights democracy and the abolition oftraditional establishment powers

    In 1997 it seemed definite that they would winthe election and most likely the next

    To stop one party from fully dominatingparliament after a long period of conservativegovernment

    Public support for reforms was growing

    Principles of labours reforms

    Democratisation the house of lords and theunrepresentative electoral system

    Decentralisation dispersing power away tolocal authorities, due to the long period ofconservatives

    Restoration of rights European convention ofhuman rights , freedom of information act

    Modernisation of the civil service andparliament

    Parliamentary reform

    In 1998 after negotiations with conservative

    peers and a massive majority in the commonslabour managed to reduce the number ofhereditary peers from several hundred to just 92making the system more democratic byremoving a conservative majority However whatto do with the house next still remains as to if itis elected or remains the same

    Changes to the commons include more powerfulselect committees, changes to prime ministersquestions. Brown tried shifting power from the

    govt to the commons but it will be hard toimplement

    Human rights Act 1998

    Causes bring the UK closer to rest of EU,

    police and courts to powerful, government hadlost in the ECHR nearly 50 times it wasembarrassing, in return for active citizenship,Scotland, Wales and northern Ireland werealready bound by the convention.

    How it works judgements of the ECHR are notbinding, parliamentary acts remain sovereign,and cases can now be heard in British courts.

    Government listens for example Belmarsh, the

    anti terrorism act needed to be amended

    Electoral reform

    Has changed as parties come and go out ofpower, the liberals remain supportive saying thecurrent FPTP is undemocratic andunrepresentative whereas the other side says itleads to a strong and stable government

    Labour has now started to move away from

    reform for the general elections as they securestrong victories with only 35% of the votes in the2005 election leading to a 66% majority in thecommons. However they have made changes inthe devolved areas.

    Freedom of information

    The act firstly gave citizens a right to know whatinformation the government and public bodieshad about them. Second it made it slightlyharder for government to be secret and concealdocuments.

    However again labour changed its mind and

    said that there should be sufficient reasons forthe release off a document rather than sufficientreasons to conceal it.

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    London mayor

    After an era of Thatcher who abolished the GLCand split London up into 33 boroughs the labourparty wanted to restore power back to London.

    When they came to power they pushed throughreforms for the creation of a London mayor anda greater London authority. But again did notlive up to their promise of restoring politicalpower as the London mayor had influence ratherthan control.

    The main influence being congestion chargeand public transport in London, and increasingpolice.

    Devolution

    In 1998 the Good Friday agreement devolvedpower back to northern Ireland after it had beentaken back in 1972.

    The conservatives had lost support in Scotlandand Wales whilst labours support wasincreasing.

    Referendums were held in Scotland and Waleswhere a vote of 74% and 50% voted in favour

    The Scottish parliament and welsh assemblycame into existence in 1999.

    Argument for devolution

    Increased demand for self government as theneeds of the people are different

    Preventing the breakup of the UK

    More democratic as government is closer topeople

    Reduce workload on British parliament and

    government

    Recognises Europe of the regions rather thanseparate states

    Arguments against devolution

    Devolution may lead to independence

    Demand was over exaggerated and notnecessary

    Extra government increased costs to taxpayer

    Taxes in Scotland will rise as it is lessprosperous

    Does not go far enough most the power is inengland

    Types of devolution

    Administrative devolution the power to makesecondary legislation in certain areas, allocationof public funds, how laws should beimplemented

    Financial devolution the power to set taxesthemselves, Scotland was given 3% variance onincome tax

    Legislative devolution - the power to makeprimary legislation

    Reforms to the judiciary

    The role of senior members of the judiciary wasclosely linked to the government. The lordchancellor was head of the judiciary presidedover the proceeding of the house of lords and

    was a member of the cabinet meaning he waspart of the executive judiciary and legislature.This role was scrapped.

    The creation of a separate supreme court thatwas separate from the house of lords

    Judicial appointments commission to decidewho to employ as judges

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    Assessment of constitutional reform

    The fully appointed House of Lords is still notaccountable or representative.

    House of Commons remains ineffective andinefficient, with government not beingaccountable enough

    Freedom of information act is too weak andallows the government to be secretive

    Electoral reform has not taken place inparliamentary or local elections

    Possible future reforms

    -Transfer powers from government and PM tocommons deploy troops, decide on a date ofthe general election, declare war, ratify or rejectforeign treaties,

    -Changing general election days from Thursdayto weekend

    -Introducing e petitions

    - initiate consultation on bill of rights andpossible codification

    Parliament

    Parliamentary and presidential governmentParliamentary government

    - Parliament is the main source of politicalauthority in the UK

    - Government must be drawn fromparliament

    - Powers of govt and legislature are fused- Govt must be accountable to parliament

    Presidential government- Legislature and executive have separate

    sources of power, they are electedseparately

    - President is not part of legislature- Executive is accountable to people- Clear separation of powers- Codified constitutional agreement to

    separate

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    Plenary sessions

    These are where the house meets in full usuallyduring prime ministers question or when a greattopic of the day arises such as the hunting withdogs, anti terrorism act 2001 and the war in Iraq2003.

    Party members have to vote on governmentlegislation but this does not mean that they haveto be there for the debates.

    Standing committees

    Each new piece of legislation is looked at by agroup of 15- 50 MPs and peers in order to makeany amendments needed. A relevant ministerand specialist spokesperson for each other partysits on the committee. For an amendment to bemade the committee has to vote by majority.However party loyalty still applies and membersare expected to toe the party line

    In the Lords it is common to have such plenarystanding committees but in the commons ithardly ever occurs

    Departmental select committees

    There are 18 select committees normally madeup of 11 members that shadow each

    government department. Party whipps influencethe liaison committee to get who they want on it,and the chair is usually a significantparliamentary personality. Members areexpected to behave in a neutral way, and whenreports are published

    They have significant powers and can call forministers, civil servants, external witnesses andofficial papers for their investigations.

    The role of a select committee

    - Investigate the work of governmentdepartments and insure they have acted

    effectively and efficiently- Consider major departmental policies andwhether they have taken into account relevantopinions- Consider if proposed legislation will beeffective- Consider matters of major public concern- investigate serious errors or omissions madeby the department and recommend how tocorrect it- propose future legislation where there is an

    overwhelming need

    Example of select committees

    HealthCulture, media and sportDefenceTransport

    The home affairs committee detention ofterrorist suspects 2006 - rejected the

    governments proposal for 90 day detention andinstead recommended 28 days. This was thenaccepted by the rest of the house.

    The speaker

    The speakers role is to manage the house byselecting members to speak during debates andarranging the business of thee house with partyleaders. The speaker is supposed to be fullyneutral and not be influenced by party politicsallowing all parties to have an equal amount oftime.

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    Functions of parliament (1)

    Legitimating - parliament needs to pass anyproposed government bill in order for it tobecome law this is in effect parliament, therepresentatives of the people, legitimising agovernment bill and making it law.

    Scrutiny parliament scrutinises proposedlegislation making any amendments needed andthus protecting all areas of society and ensuringthe laws are clear in there application

    Functions of parliament (2)

    Opposition in the UK we have adversialpolitics so every time a proposal is made it isexpected government will have to explain andjustify its policies so opposition parties cannotshow any weaknesses in the legislation

    Functions of parliament (3) Accountability

    Accountability forcing the government to justify

    policy, explain why they are being put forwardand what the future effects will be. Criticisingpolicies. Opposition parties present alternativepolicy. The role of parliament to expose seriousmistakes.

    Individual ministerial responsibility the doctrineof individual ministerial responsibility says eachminister is responsible for themselves and forthe work of their department. Stephen Byerswas forced to resign as trade and industry

    secretary in 2002 when his personal advisorsacted unprofessionally.

    Functions of parliament (4) Accountability

    Questions to ministers each minister must

    regularly appear in the house. Some questionsare written that the minister can reply back to inwriting. But others in the house are usuallyquestions that the minister has been informedabout whereas others are unexpected.

    However ministers have the advantage of civilservants to write answers for them but MPsdont. Prime ministers questions is criticised forbecoming an entertainment show between thetwo party leaders rather than outlining

    government policy.

    Functions of parliament (5)

    Financial control any changes to the taxsystem or funding allocation need to be passedby parliament and the financial powers of thegovernment have to be renewed each year. Ifparliament was to withhold consent governmentwould cease to function.

    RepresentationMPs are elected to representtheir: -Parties; however at the time of thegeneral election they can withdraw support forsome policies.- Constituencies- the country as a whole, national interest- other groups they may be involved in

    Why has the House of Lords become moresignificant

    Governments have large majorities in thecommons, the House of Lords thereforebalances this as opposition

    The House became professional with peerstaking their roles more seriously and attendingregularly

    The reforms in 2000 of made the house morerepresentative of society

    The house is seen as a guardian of individualrights

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    Examples of the House of Lords goingagainst the will of the government

    Gambling order 2007 lords refused to pass theact for a super casino to be built in Manchester-resulted in a major rethink of allowing morecasinos in Britain.

    Anti terrorism legislation 2004-05 lords ruledthat the legislation violated human rights and itmust be changed government was forced toamend the act, restricting suspects movement,with the permission of a judge, but not detainingthem in a prison

    Hunting with dogs 2001 delayed the act till2004

    Similarities / differences between the twohousesCommons and Lords have a similar procedure,spend time passing legislation, the shape issimilar.

    However the lords have cross benchers that areindependent from parties and stop agovernment from having a majority, evenmembers of parties are more independent thanthe commons.

    Lords usually have more expertise in certainfields as they are people who have retired fromthose fields such as lawyers and business men.

    Lords lack legitimacy and authorityRestrictions on the House of Lords

    Can only delay an act for 1 year under theparliament act 1949

    Has no power over the financial arrangementparliament act 1911

    Do not block anything that was in a partiesmanifesto

    Amendments proposed by the lords must be

    approved by the commons

    Relationship between government and

    parliament

    Effects of the fusion of powers between theexecutive and legislature mean that there isusually a strong and stable government and thegovernment are able to carry out their manifesto

    However governments may become dictatorialand legislation might not be scrutinised properly,the government will survive even if publicopinion is against them as long as they have a

    majorityWhy government dominates parliament (1)

    The electoral system almost guarantees thatone party will win and with a strong majority

    Party loyalty in the UK is strong as politicalparties are ideologically united the governmentcan rely on it

    Prime ministerial patronage as most MPs wishto become ministers and those that areministers are bound by collective responsibility

    Whipps or constituency parties can suspendMPs from meaning they will probably lose theirseat

    Why government dominates parliament (2)

    The prime minister can threaten to call a generalelection to bring MPs into line

    The House of Lords lacks authority and willeventually have to listen to the commons andtherefore government

    However this depends on its majority. TheHouse of Lords also becomes more obstructivewhen a government has a large majority. Theparty must be united and if it is split governmentis weak.

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    Parliamentary reformHouse of Lords (1)

    The House of LordsStage 1 Thatcher persuaded hereditary peersto vote for her poll tax, labour wanted to removethem. They voted to remove hereditary peersbut came to a compromise with William Hagueand the leader of the conservatives in thecommons allowing 92 peers, who would bevoted for by the 800 current peers.

    Lord Wakehams report said: the powers of theHOL should stay the same, subordinate to theHOC, a minority would be elected on a regionalbasis, no hereditary peers, crossbenchers holdbalance.

    Parliamentary reform House of Lords (2)

    Stage 2 Tony Blair wanted a fully appointedhouse so that the commons could keep control,most labour MPs and liberal democrats wantedan elected house. Conservatives wanted a halfelected- appointed house.

    House of Lords- fully elected chamber

    More democratic, remove corrupt practices inregards to appointment, act as a democraticbalance under PR as no party will havedominance, allow smaller parties to berepresented under PR.

    Would create a deadlock between two houses,too many elections will lead to voter fatigue,more powerful second chamber will mean a lessdecisive government, another part of legislaturedominated by parties

    House of Lords fully appointed chamber

    Membership can be controlled to represent all ofsociety, more independents in politics

    Too much power in the hands of those thatappoint them, undemocratic and holds backmodernisation, lacks legitimacy and publicsupport

    Parliamentary reform House of Commons

    PMQs changed from two short sessions to onelonger session, New offices for MPs,allowances for secretarial and research backing,select committee appointments are in the handsof MPs.

    Conservative Norton committee reforms: 2PMQs, longer ministerial question timesessions, opportunities backbenchers to raiseissues, shorter speeches in debates, researchresources for opposition parties, researchfacilities for select committees, MPs controlselect committees, select committee chairmansame salary as ministers.

    House of Commons browns possiblereforms

    Commons should have more of a say inappointment of senior government appointments

    Prerogative powers of PM should be abolishedwith the commons able to veto these

    Parliament should control activities and structureof civil service

    Parliament to decide on a date for the nextgeneral election

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    The PrimeMinister and

    Cabinet

    The government

    Although this figure changes in general thegovernment consists of 25 peers and 90 MPs23 cabinet members- the head of governmentthe prime minister and secretaries of state,15 senior non cabinet posts people who arenot important enough to be in the cabinet butstill important i.e. the attorney general,60 junior ministers ministers of state workingunder members of the cabinet,17 part whipps running the administration andensuring MPs stay in line.

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    Characteristics of the governmentThe 90 or so MPs perform duties in governmentbut also have constituencies to look after

    Other MPs of the party are known asbackbenchers and not bound by the same rulesas frontbenchers

    All members of government are appointed bythe PM

    Members of the government are bound bycollective responsibility and must publicallysupport policy no matter what they may believe;therefore they must also take responsibility for it.If a member of government is against policy theyshould resign.

    Ministerial selection

    The prime minister decides upon a ministerfirstly through the competence of the individualand secondly through political consideration.

    The minister should be politically reliableaccepting collective responsibility, juniorministers should have potential so that they canreplace senior members at a later stage,ministers should preferably be ideologicallyunited, have managerial skills

    Other forms of government

    Minority government winning party fails to winan absolute majority, find it difficult to passlegislation and financial budgets, they aretherefore short lived

    Coalition government- shared appointment ofposts and shared policies between two or moreparties. Has happened in 1945 and in theScottish parliament as well as at localgovernment level.

    Majority coalition between 2 parties to formgovtGrand coalition - form an overwhelming majorityRainbow coalition - 1 large party and severalothersNational coalition - where all parties are called tojoin

    Cabinet government

    The cabinet represented the collective identity ofthe government

    All important domestic and many foreign policieswere made within the cabinet

    Policy needed full cabinet approval for it to beofficial

    Disputes would be resolved within the cabinet

    The PM was first amongst equals and could bevoted against by the rest of the cabinet

    Changing cabinet prime ministerialdomination 1Howard Wilson realised he could control thecabinet through the help of a few close allies.

    The cabinet secretary who now served himalmost exclusively, a few private advisors thathe consulted in order to discuss strategy and hisown force.He could control the political agenda of thecabinet.

    He started having meeting with other cabinetministers outside of cabinet meetings in order tocontrol what happened in them and reportedlyeven had the minutes of the cabinet changed tosupport his own conclusions.

    Changing cabinet prime ministerialdomination 2The media exclusively focussed on Wilson so hebecame the presenter and therefore maker of

    policy

    Thatcher took this too a new level by completelyremoving all her political opponents out ofgovernment and controlling the cabinet asWilson had done. The media also focussed onThatcher.

    Blair took this further by using Wilsons tactics ofcontrol and Thatchers strategy of mediasupremacy as well as controlling the flow ofinformation to the governing community

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    Cabinet committeesA group of about 5 cabinet ministers who meetto discuss policy. To deal with decisions thatneed approval of more than one department.Some are temporary like the Olympics butothers are permanent like economicdevelopment; and, national security,international relations and development.

    Issues too technical/complex for full cabinet todiscuss, there is no time/information. When adecision of a committee is referred up its usuallyaccepted. Increases PMs control, he createsthem, decides who sits on them and what theiragenda is. Its easier for him to control a smallernumber

    Marginalisation

    The PM has increasingly taken power awayfrom the cabinet and given it to himself

    Department dont want to bring issues to thecabinet

    Cabinet committees are dealing with much ofthe policy on their own

    A lot of policy is now formed in downing streetby the PMs personal political advisors

    The PM deals with individual ministersseparately

    Functions of the cabinet today

    Settling disputes between ministers

    Making decisions that cannot be madeelsewhere gain cabinet support, to save thePM embarrassment

    Dealing with domestic emergencies it is goodto have full cabinet backing at times of nationalsecurity

    Determining presentation of policy

    Legitimising decisions taken elsewhere -suchas in cabinet committees or

    Formation of a cabinet

    Vital part of PMs powers of patronage, heappoints and can dismiss senior members ofgovernment

    The PM must decide if he wants a balancedcabinet or an ideologically united cabinet. Andwhich individuals he should choose.

    Political allies from the past, representing animportant part of society, a rebel that could bedangerous outside, those with great potential,

    personal friends, popular figures, retainingpolitical identity, finally able to do a good job

    The functions of the prime minister (1)Chief policy maker he has the final say onpolicy

    Head of government can make and abolishcommittees and departments. Head of civilservice. Chairs cabinet meetings. Determiningwho holds the posts of ministers, senior judges

    and arch bishops.

    Chief government spokesman representspolicy to the media

    Commander in chief of the armed forces onbehalf of monarch, committing troops declaringwar and head of intelligence services

    The functions of the prime minister (2)

    Chief foreign policy maker negotiating withother countries, signing treaties and chairinginternational meetings

    Parliamentary leader it is the role of the primeminister to lead his party in parliament, both the

    House of Commons and House of Lords

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    Sources of prime ministerial power andauthorityThe ruling party - PM has support of party andthe rest of the country in ordinary members.Party won the general election he carrieselective authority.

    Prerogative powers the powers that the PMcan practice on behalf of the monarchy as itwould be undemocratic for the monarch to havethese powers.

    The prime minister can claim personal mandateas more and more people take into account theparty leader when voting

    Parliament can claim parliamentary authorityas long as he has a majority.

    Prime ministerial power formal (all)Appointment and dismissal of ministersGranting peerages and other honoursHead of the civil serviceAppointment senior judges and bishopsDetermining the date of the general electionCommanding the armed forcesConducting foreign relationsMaintaining national security

    Chairing cabinet meetings

    Prime ministerial power (varies)Making government policyParliamentary leadershipControlling cabinetNational leadership

    Limits on Prime ministerial power

    The size of the majority in the House ofCommons john major just 21, tony blairsmajority of over 100

    Having a united party as seen with Cameronand brown over the expenses issue

    Public and media profile Blair and Thatcher.

    Support of cabinet and parliament as if theseoverrule him there is nothing he can do

    Confidence of the party

    Presidential governmenteffectively head of state - the country unitesbehind the PM in times of national emergencyDiana

    Large amount of personal advisors cabinetoffice serves the PM not government, policydirectorate and strategy unit playing key parts.

    Controls foreign policy- Blair supporting US inthe middle east, world environmental issues, EU

    Build up of special leadership Thatcher usedher own advisors instead of the chancellor majorwas forced out due to having political enemies

    Not presidential government

    Office of PM is flexible and depends on what theholder wants to make it

    PMs seem to be more presidential through themedia but in reality are not Thatcher sacked

    As the PM tries to stretch power the constraintsbecome more powerfulThatchers enemiesturning on her

    Even though he appears to be he is not actuallyhead of state.

    Ministers and departments

    Department has two heads one ministersecretary of state and one civil servantpermanent secretary.

    Therefore each department has a political

    structure, the minister then junior ministers thenprivate political advisors; and administrativestructurethe permanent secretary and a largenumber of civil servants who are supposed to beneutral.

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    Tasks of the civil service

    Gather information for policy makingProvide alternative courses of actionAdvise on consequences of decisionsDraft legislationProvide briefings for other ministersAdvise on implementation methodsOrganise implementation of policyDraft answers for ministerial questions

    Tasks of a minister

    Set the political agendaDetermine priorities for actionDecide between political alternativeObtain cabinet and PMs approval for policySteer proposals through parliamentBe accountable to parliament for policies andimplementationAccount to parliament for general performanceof their department

    Features of a ministers job

    Politically committed to one partyTemporary only hold office as long as PMwishes

    Will lose office if party loses powerAre expected to make political decisionsMake judgements about outcomes of thosedecisionsHave a public profilePublically accountable for their department

    Features of a civil servants job

    Must display no political allegiancePermanent wish to move up through the ranksKeep their jobs when the party changes

    May only suggest alternative in a neutral wayIdentify possible outcomes in a neutral wayLargely anonymousCannot be held publically accountable

    Judiciary andCivil liberties

    Judicial system in the UK

    House of Lords- the 12 most senior judges inthe country- major issues on human rights andjudicial review. Major problems over actualmeaning of law. settling disputes over conflictwith EU and British law

    Appeal court- very senior judges- disputes fromlower courts over the accurate meaning of thelaw. dealing with appeals over human rights

    High courts- senior judges- dealing with cases

    where citizens or organisations have a disputewith some part or agency of government

    The political role of the judiciary (1)

    Dispensing justice everyone is treated equallyunder the law and a fair decision is made

    Interpretation judges need to decide what thelaw actually means when there is a dispute

    Creating case law - in specific circumstances

    judges make rulings that will also apply in similarcases.

    Declaring common law if there is no common

    The political role of the judiciary (2)

    Judicial reviewif citizens or organisations havedisputes with government, usually rights beingbroken exceeding power or been treated unfairly

    Public inquiries judges are called upon to lookinto matters of public concern.

    External jurisdiction who has power overcertain issues, devolved areas/EU orWestminster.

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    law/ parliamentary statue judges decide on whatto do. This then becomes common law

    Sentencing issues- theres minimum sentencesfor certain crimes, that judges must stick too.

    Limitations principles and safeguards

    Sovereignty of parliament if courts believe anact goes against the law they still have toenforce it

    The rule of law all citizens are equal and mustbe given a fair trial, if the courts do not do this acase can be appealed against

    Judicial precedent if a judge creates newcommon or case law all other judges must thenuse this law unless they are off a higher court

    The primacy of EU law- British courts mustenforce it

    Independence of the judiciary

    If judges are not independent government willexceed their power as no checks are kept

    Citizens must feel that they will be treatedequally in the eyes of the law and will not bediscriminated against by the government

    Judges should be selected independent fromthe government to ensure neutrality

    How is independence maintained

    Security of tenure- judges cannot be sacked orsalaries reduced because of decisions theymake, theyre free to make decision without fear

    Contempt of court- for a government servant tointerfere or comment on a case. Stops pressurebeing put on government

    Appointments- PM and lord chancellor,appointment commission and parliament keepsa check

    Background senior judges are impartial

    How independence is threatened

    Indirect pressure on judges politicians havebecome involved in rights and minimumsentences

    PM has veto over appointments commission asto the appointment of senior judges

    Many senior judges, 12, are also lords andtherefore involved in the legislative processmeaning their politic al independence cannot beguaranteed

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    Neutrality of the judiciary

    Judges themselves being free from bias

    Most judges come from a narrow social andprofessional background they are usually maleand upper or middle class being educated atOxbridge, many are lords inevitably leading toconservatism

    However recently the judiciary has becomemuch more neutral. Giving verdicts in favour ofindividuals and minorities. Further backed up byhuman rights act. Both parties have claimed thejudiciary represents the other

    Threat to civil liberties

    Increased police power

    Limits to trade union activities- Thatcher

    Increasing information held by government oneach citizen, social security police and NHS

    Increasing tension between media andgovernment over what they could publish

    Government power was growing andparliaments power to limit that was weakening

    Freedom of information and opengovernment

    Passed in 2000 but did not come into effect till2005 longer term process of creating a moreopen governmentSelect committees being able to accessdocuments

    However the act became watered down andsaid that the government could discloseinformation if they thought it was not in thepublics interest

    Data protection act 1984 allowed citizens tocheck what data the government had on themso that they could insure the records werecorrect

    Human rights in the UK

    Civil liberties human rights act, common law,

    other parliamentary statues

    Anti discrimination race relations act, equalopportunities act

    Employment and union rights employmentprotections act, equal pays act

    Rights to welfare welfare state legislation

    The government and the judiciary

    As home secretaries have tried to imposeminimum sentences judges have been imposedto this and believe it should be left to them notgovernment

    Senior members of the judiciary have criticisedthe government over the introduction of antiterror legislation that infringes human rights

    Ministers have argued that judges are toopolitically involved and s they are not elected oraccountable they should not interfere

    Recent reforms to the judiciary

    Removal of lord chancellors role in all threebranches, he is no longer the head of the Houseof Lords or a member of the cabinet.

    Introduction of secretary of state for

    constitutional affairs -a member that sits on thecabinet advising it what to do about the judiciary

    Supreme court to be introduced in 2009 willseparate House of Lords as the highest court ofappeal.

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