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Politics Paper 2 - Coggle Diagram

- - - - Uncodified, so cannot be entrenched, but is easy and flexible to change and adapt to current circumstances
      - The majority of constitutions of democratic states are codified
      - Example of benefits of uncodified - post Dunblane massacre 1997, UK Gov was quickly able to introduce sweeping gun regulations to prevent a repeat.
      - Example of deficits of uncodified - Fixed term parliament act 2011 took away unwritten convention that PMs could name next general election date, however as we cannot entrench this, future governments could repeal this act with a simple majority
      - Common UK practice is to hold a referendum before a constitutional level change, and although these aren't legally binding they are usually adhered to result-wise
      - It is a Unitary constitution, meaning that power is centred in one place as a superior body, rather than federal where power is split between a central body and regional bodies
      - EX: A.V. Dicey's 'Twin Pillars of the UK Constitution'; Parliamentary Sovereignty and the Rule of Law
        
        Types of UK Sovereignty
        
        Legal; Where supreme legal authority lies - in the UK this is Parliament
        EX: Parliament can suspend/modify HRA through derogation as in 2005 to ensure compatibility between the CTA 2005 and Article 5 of the HRA
        
        Political; Use of legal power to deal with matters rather than principles
        EX: Parliament could theoretically abolish HRA, but the opposition met by international political bodies and the UK itself would be immense
        
        Popular; Will of the people within a democracy must be listened to, granting them a sovereignty of their own
        EX: Despite majority of MPs wishing to remain, Parliament voted to trigger article 50 as referendum showed population wanted to leave
        
        Pooled; Parliament may choose to share sovereignty between other bodies
        EX: EU, NATO, UN
    - - Statute Law E.G. HoL act 1999, abolished all but 92 hereditary peers
      - Constitutional Conventions E.G. Salisbury Convention, states that HoL should not block any legislation that is in the governing party's most recent manifesto
      - Authoritative Works E.G. The rule of Law, states that all, including government, are equal under the law. Also the 'O'Donnell Rules' 2010 to establish how a coalition government may be formed
      - Common Law E.G. The definition of homicide still lies in common law, as do the prerogative powers of the PM to be exercised on behalf of the monarch.
      - Treaties E.G. Treaty of Lisbon 2007, granted further powers and agreed to an effective EU Constitution, including a process for leaving the EU (Article 50)
  - - - Handing powers to the Welsh and Scottish assemblies and parliaments, as well as instituting metro mayors
        
        2006 Government of Wales Act
        
        Scottish Devo-max in 2016 following close Indyref in 2014 granted greater financial autonomy
        
        Wales Act 2017 granted similar levels of legislative and fiscal powers as those of Scotland
    - - Considered one of the most significant developments in UK human rights protection since the Bill of Rights 1689, with provisions coming into force in 2000. Incorporated the ECHR into UK law, however left clauses for on binding nature to protect parliamentary sovereignty
    - - Aimed to remove all hereditary peers from HoL, but to ensure Lord's cooperation not to block the bill, left 92 in place, removing the other 608
      - HoL 2014 allowed lords to retire/resign witch they had not been able to do before, or to be removed for inactivity within the role. This has resulted in 105 resignations/retirements and 6 expulsions for non attendance (As of spring 2020). 2015 HoL allowed a lord to be removed for breach of conduct also.
    - - Brought in the supreme court
    - - Passed to ensure the unstable 2010 coalition could disagree safely without the risk of triggering a general election by parliamentary defeat and a lack of confidence. Also removed the notion of PMs calling 'Snap elections' which disadvantaged opposing parties.
    - - Allowed members of the public to access government documents when asked for, given that they weren't of national security importance or compromising to any services in the UK, increasing accountability for government actions
    - - Prompted by the West Lothian Question (Why should non-english MPs be voting on legislation that only affects England), the procedure meant that only MPs representing the regions that the legislation impacts could vote or veto the legislation.
    - - Provided a separate judiciary from government, providing unbiased and non-partisan judgement on both government and high level cases
  - - - 1979 - Failed Scottish devoref as less than 40% approved. Only 20 % favour in Wales for devolution
        1997 - Scottish referendum for devolution passes comfortably. Wels devolution passes narrowly. Belfast agreement is successfully negotiated
        1998 - Scotland Act establishes further devolution, Scottish Parliament and Executive. Gov of Wales Act grants administrative devolution, and promises tax power referendum. Belfast agreement is approved in referendum, NI Act is passed granting devolution, first elections to NI Assembly
        1999 - First Scottish Parliament meets since 1707 and gov starts to operate. Welsh Assembly is elected and holds first meetings and Welsh executive is formed. NI power sharing gov takes power
        2002 - NI Assembly is suspended. Central government takes over
        2007 - NI devolved gov is restored
        2014 - Scottish Indyref defeated by 55% to 45%. Wales Act gives Welsh gov powers over several taxes and promises referendum on tax raising powers
        2015 - UK Gov announces Gov of Wales may be given future powers over a proportion of income tax without a referendum
        2016 - Scotland Act grants wide ranging financial powers to Scottish Gov, including control over income tax rates
        2017 - Gov of Wales Act passes, grants greater political, admin and fiscal powers to the assembly. NI Gov collapses as power sharing breaks down.
        2020 - Welsh Assembly is renamed Welsh Parliament. NI Gov is restored
    - - Many metro-mayoral positions exist to ensure that decisions in major regions are taken locally where they will be more effectively carried out and represented
      - Metro Mayorships include:
        
        London
        
        Manchester
        
        West Yorkshire
        
        Sheffield City
        
        North East
        
        West Midlands
        
        Liverpool City
        
        Mayor of York and North Yorkshire
        
        East Midlands
- - - - House of Commons
        
        650 MPs
        
        Constituencies around 60-80,000 voters
        
        Most MPs are partisan
        
        Types of MP
        
        Frontbench - More senior within the party, ministers or officials, around 50 per party, so around 140-50 within Commons
        
        Backbench - more independent than frontbench, but still two the party line mostly. Smaller party MPs are also considered backbench.
      - House of Lords
        
        800 members
        
        92 hereditary
        
        26 bishops and archbishops (Lords Spiritual)
        
        The rest are life peers
        
        Non elected body
    - - The role of the commons is to effectively represent MPs constituents and their wants, both through interpersonal representation and through the legislation which they pass.
      - The role of the Lords is to scrutinize parliamentary legislation in the process of passing it, debating it in the second chamber to ensure it is sufficient for the population. They can also put forward legislation to the Commons, and veto legislation twice over two years.
    - - Legislation is usually passed between the lords and commons in parliamentary ping pong, being scrutinized and debated until the final act is drawn up and given royal accord.
      - Secondary legislation is where an Act or law is updated and amended at a later date, and requires little parliamentary process, as the power to amend lies with the ministers of whichever departments the legislation concerns.
      - Most secondary Legislation takes the form of Statutory Instruments, or Henry VIII clauses, applied to an act to amend it without having to create a new act altogether
  - - - The select committees are increasingly significant and effective in scrutinizing the work of Government
      - Ministers must still face questioning in both houses
      - Parliament provides strong democratic legitimacy
      - The House of Lords does an increasingly effective job at scrutinising legislation, often improving it and blocking unfair or discriminatory aspects of proposals
      - Experts in various fields in the Lords use their knowledge to good effect
      - Both houses increasingly check the power of government, especially when the governing party doesn't have a commanding majority in the Commons
      - FPTP allows MPs to effectively represent constituents
      - Many outside views and groups are represented in the Lords and in the Commons
      - When free votes and debate are allowed, Parliament shows itself to be highly effective at debating and acting on national issues
    - - MPs still lack expertise, knowledge, research back-up and time to investigate government thouroughly
      - PMQT remains a media 'event' rather than a serious session
      - The House of Lords cannot provide democratic legitimacy as it is neither elected nor accountable
      - Legislative committees in the Commons are whipped, making them largely ineffective
      - The power of prime ministerial patronage and control by party whips still means that may MPs are unwilling to challenge government
      - MPs' care of their constituencies varies from MP to MP
      - There's still no effective mechanism for removing poorly performing MPs
      - When there is a clash between party policy and the interests of groups and causes, party loyalty often wins out