Unit Two Constitution notes

Please kindly note that we are in the process of updating the examples - all were correct up to last year May/June - we are going to update important sections including Scottish devolution.

The nature and functions of a constitution

Constitution – a set of principles which may be written or unwritten that establishes distribution of power within a political system, relationships between political institutions, the limits of government jurisdiction, the rights of citizens and the method of amending the constitution itself.

The UK operates on an uncodified (unwritten) constitution.

Functions of a constitution

1.      Determine how political power should be distributed within the state.
The UK constitution is a unitary constitution where ultimate power lies in one place.
Constitutions determine the balance of power between government and Parliament, president and prime minister and between the two chambers (Lords and Commons)

2.      Constitutions establish the political processes that make the system work.
Includes relationships between institutions and the rules that govern the way they operate.

3.      Constitutions state the limit of governmental power (competence of government)
British constitution is unusual as it places no limits on the competence of Parliament.
Parliament is able to do what it likes, being sovereign.

4.      Constitutions assert the rights of the citizens against the state
Bill of rights prevents the government from trampling over civil liberties of citizens

5.      Constitutions establish the rules by which nationality is established
So, who is entitled to be a citizen and how outsiders may become citizens.
Defies the territory that makes up the state.

6.      Amendments
The UK constitution changes in two ways;

-          Parliamentary statute

-          Slow evolution of unwritten rules. Conventions

Constitutionalism  - the concept that a political system is governed by a constitution and their political institutions are bound by constitutional rules which are binding.

Codification – the process of setting out a constitution in an organised way in a single document, and hence, one source.

+ Clear and every citizen is able to access it
+ Dispute over constitutional arrangements is an advantage
+ Provides the people of the state something with which they can identity with

Codification comes at a critical point of a country’s history.

Example:

Ireland, 1937, renounced the British Crown and became a republic

Iraq, 2005, Following the removal of the regime of Saddam Hussein

Two Tier Legal Systems NOT IN THE UK

Two levels of law –

Higher laws: higher laws concerning constitutional arrangements (who has power, relationship between institutions, rights of citizens) & these are entrenched and safe guarded.
There are special arrangements for their enactment; referendum approval, 2/3 majority in the legislature

Ordinary laws: relations of citizens, admin of the state, criminality.
Lower laws can be changed without special procedures and are not safeguarded by any procedures.

Uncodified constitution

Some argue that British constitution doesn’t exists
Parts of it are written
No single document
Basic laws that describe constitutional principles.

THEREFORE, THE UK OPERATES ON A SINGLE TIER SYSTEM, IT IS UNWRITTEN AND HAS VARIOUS SOURCES.

Parts of the constitution are codified however;

The European Convention on Human Rights is a British law, and a codified document.

The treaties of the EU are codified documents describe the relationship between Britain and the EU.

British constitution is partly codified, partly written but fundamentally uncodified.

Entrenchment – the device that protects a constitution from a short term amendment

+ Constitutional change makes a fundamental and important difference to the political system.
- Some governments may set aside some rights by amending the part of the Constitution that deals with civil rights, damaging the long term interests of the people.
Dictatorial government might grant additional powers to protect its own position – democracy would be under threat.

Constitution is too important to be put into the hands of a temporary government.

Constitutional change must meet two tests:
1. Widespread popular support for it
2. Long term interests of the country

Referendums ensure popular support for a change whilst special parliamentary procedures ensure constitutional amendment in the long term interests of the state.

It is not possible to entrench constitutional principles, because Parliament is sovereign.

Sovereignty of Parliament asserts that each individual Parliament cannot be bound by its predecessors, nor can it be bound by its successors.

Every new Parliament is able to amend the constitution as it wishes – all Parliament must do is pass a statute, like any other way, in as little as two days.

Government is able to dominate Parliament by using its majority in the Commons, and the mandate of the people that is granted at elections; so a dominant government may effectively control the constitution.  

Executive power was demonstrated when Parliament passed the Human Rights Act – 1998.
This incorporated the European Convention on Human Rights into British law.
It became binding on all political bodies other than Parliament, and no special procedures were needed.

A fundamental change to the constitution was made through a simple Act of Parliament, because the constitution IS NOT ENTRENCHED.

REFERENDUMS are the common practice when constitutional change is proposed.

Examples:

Devolution in Wales and Scotland, Elected Mayors, Good Friday Agreement (Northern Ireland) 1998

Proposed referendums:

Britain’s membership into the EU, Scottish independence

 

The effect of these referendums is to entrench constitutional change, as the changes would need another referendum to reverse the change.

The unusual case of fixed term parliaments and entrenchment in the UK

Fixed term parliament – a law that each new parliament should sit for a fixed term of five years before the next general election.

This took away the convention that the PM could decide the date of the next general election

The intention of this law was for it to be entrenched: after 2015, government could repeal the Fixed-term parliament and give the PM the right to choose the next date of the general election.

Fixed term parliament will become part of the constitution, but not a permanent feature.
It may become a convention (an unwritten long term arrangement which is binding)

FIXED TERM PARLIAMENT MAY BECOME PART OF THE CONSTITUTION WITHOUT ENTRENCHMENT.

JUDICIAL REVIEW

The courts of justice interpret the law, when challenged by citizens/associations against an action or law.
If a law is broken, it is necessary for senior judges to review the challenged actions in light of constitutional rules.
Judges are constantly being called to reinterpret or re-evaluate parts of a constitution
Constitutions are constantly being clarified, adapted or applied to new circumstances.

A judge’s ruling is effectively rewriting the constitution by clarifying or accepting its meaning.
Rulings are binding on the political system.
Strictly codified and entrenched constitutions are constantly evolving as judges make new rulings and interpretations.

Although the UK has no written constitution that they can refer to for guidance, judicial reviews STILL OCCUR.

The UK Parliament can amend the UK constitution by a simple Act of Parliament.

Evaluating codification

The Conservatives oppose codified constitution.
Labour have preferred incremental changes, introducing Human Rights Act, Freedom of Information, Devolution, House of Lords reform.

Both Conservatives and Labour agree that it is not the right time for a fully codified constitution.

The Liberal Democrats and pressure group ‘Unlock Democracy’ present powerful arguments in favour of codifying the constitution.
Main arguments include the need for robust human rights and controls on power of government.

Arguments for remaining UNCODIFIED	Counter – Argument for becoming CODIFIED	Mini – conclusion
Flexibility, the constitution is able to adapt to a changing world without major upheavals. The Uncodified constitution is therefore ‘organic’ and deeply rooted into society and can change according to society, automatically. Parliament can easily pass a new Act and simply agree to an unwritten convention in response to social and political change. Example: after the British monarchy declined during the 18th century, elected individuals replaced the monarchy. No amendment needed to be made. ‘Prerogative’ powers of the monarch have been taken over by the PM, and having been given more significance because of media influence.	Although society is changing, many British citizens do not understand the concept of a constitution as a written ‘British constitution’ doesn’t actually exist. The creation of a codified constitution would enforce public awareness. Society understanding their rights and being able to understand how government works will eventually cure the problem of political ignorance and apathy.	Therefore, remaining Uncodified will allow changes to occur over time, however, the public could potentially be none the wiser, as many cannot understand the conceptual idea of an unwritten constitution. It could however be argued that the decisions made are by elected individuals who understand and are more superior in their knowledge about making decisions.
Executive power, constitutional safeguards are weak/absent in Britain and therefore government can be more powerful. This means that government can deal with more problems without inhibitions.	Arguable that executive, governmental power is excessive in Britain – insufficient controls on what government does. It threatens individual rights, the position of minorities and the public opinion influence. A clear, codified constitution would reassert the greater executive power. Parliament needs codified powers to enable it to control government on behalf of the people.	British constitution is not entrenched and governmental power is at large. The absence of safeguards allows decisions to be made according to situations. However, the excessive executive power could arguably threaten minorities because if law was entrenched within a written constitution it wouldn’t change for a situation, and recurring situations would be treated the same.
Conservative pragmatism, the Uncodified constitution has served Britain for centuries without revolutions or political unrest. The natural evolution, or organic nature of the constitution presents the insufficient benefits and problems codifying a constitution would bring. Conservative ideology of ‘if it ain’t broke, don’t fix it’ or ‘laissez-faire’ let it be	The ECHR through the Human Rights Act, 1998 can still be overridden by Parliament as it remains sovereign and no constitutional legislation can remove sovereignty. Becoming codified would mean that Parliament could not pass any legislation that offended human rights protection. Modernity – Britain is pre-historic in the way that they haven’t entered the modern world as they have no written constitution which makes political relations for British government and European partners more difficult.	The current coalition government is made up of Conservatives who do not want codification and Liberal Democrats who do want codification so it is a case of adversarial politics where compromise has to be made. The natural evolution and pragmatic approach of if it ain’t broke, don’t fix it’ reinforces the reality that no revolution has taken place and that perhaps codification is something of the future, but not for right now.
Politicising the courts and judiciability, it would involve the courts/Supreme Court. Conflict over: exact powers of government, the nature of rights, EU, relations with England, Scotland, Wales and Northern Ireland. This would make the constitution judiciable.	Judges are not elected, and are not accountable. Example: whether or not freedom of press should take precedence over the need for personal privacy, some argued for the conflict to be resolved by the elected Parliament. Phone hacking…	An unwritten constitution is therefore preferred as judges cannot be held accountable if the constitution was codified and delegated exact powers to various institutions. Parliament remains sovereign so codifying the constitution would make it justiciable and would deem judges higher authority over the legislature.

Unitary and federal constitutions

Unitary constitution – sovereignty, ultimate political power residing in the centre. Power may be distributed to regions and local government but this is not the same as sovereignty.

The central sovereign power can overrule all other bodies and has the right to restore all political power to itself.

Britain has devolved much power to Wales, Scotland and Northern Ireland however Westminster Parliament remains sovereign.

Britain can be known as a ‘quasi federation’ – implying that the devolved powers are effectively entrenched and cannot be returned to Westminster. Legally they are not entrenched but it is unlikely they will be surrendered.

If they were to be surrendered, a referendum would have to be held.

Federal constitution – sovereignty is divided amongst central and regional institutions. These constitutions usually arise when a number of sovereign states come together and agree to surrender some of their sovereignty to a central authority.

Federal constitutions are a political result of a country that has strong regional differences or ideologies. Some regions retain some of their sovereignty such as the USA.

Sources of the UK Constitution

-          The UK constitution is not codified or entrenched.

-          Some argue that it doesn’t exist, and that it is
‘whatever Parliament says it is at any given time’

Parliamentary (Constitutional statutes)

Acts of Parliament that have the effect of establishing constitutional principles.

Human Rights Act
Parliament Act 1949 (limitations of the House of Lords)
Scotland and Wales Acts (devolved power)

Human Rights Act, 1998 incorporating the codified ECHR into UK law
Scotland Act 1998 establishing a Scottish Parliament with legislative powers
House of Lords Act 1999, abolished all but 92 hereditary peers in the Lords
Freedom of Information Act, 2000 gave citizens the access of official documents that didn’t threaten national security.

Constitutional conventions

Convention:

-          Unwritten rule that is considered binding on all members of the political community

-          Cannot be challenged in law

-          Have so much moral force that they are rarely disputed

-          PM exercises the Queen’s power to appoint & dismiss ministers

-          Choose the date of the general election

-          Grant honours such as knighthoods

-          Salisbury Convention: House of Lords should not block any legislation that appeared in the governing parties most recent manifesto

Historical principles and authoritative works

-          Principles are effectively binding as they have been established over time

-          Sovereignty of Parliament is the most important principle

-          Parliamentary government (principle that the government is drawn from Parliament rather than from the people)

-          Rule of law: equal rights for citizens and the government is limited by legal limitations

-          Rules on how to form a coalition is being drawn up by the Cabinet Secretary.

Common law – declared and enforced by judges

-          Development of laws through their use in history

-          Protection of rights and freedoms from encroachment by government/ Parliament

-          The right to not detain citizens without trial

-          Most common law principles have been replaced by statues & by the European Convention on Human Rights (2000)

-          Common laws are invoked in courts by citizens with a grievance against government

-          Prerogative powers belonging to the prime minster are common law although they haven’t been codified or put into any formal legislation

Tradition

-          Constitutional traditions govern rituals of parliamentary government

-          Houses of Parliament are traditional in rituals

-          Allowing the Queen to announce legislative programme for the coming year

Europe

-          Parts of the constitution are from Europe

-          ECHR originate from the Council of Europe; changes need to be approved by the Council Treaties adopted by the EU are also part of the UK constitution

Main characteristics of the UK constitution

Characteristic	Explanation
Its uncodified nature	Unwritten and not contained in a single document Variety of sources Does have statutes, books of authority, EU treaties Form: conventions, common law & tradition
Not entrenched – not protected or safeguarded	Changed very easily and quickly by Parliament No restrictions on how Parliament can amend the constitution
Constitutional monarchy – actions taken in the name of the monarch, but Parliament and government is in control Royal prerogative – traditional powers that are enjoyed by the monarch, not requiring the sanction of Parliament but are arbitrary	Prerogative powers of the monarchy have eroded: 1.      Parliament has all law making power – monarch must give the royal assent to make bills into laws. Monarch remains head of the state, but the PM appears to be the head of state as he carries out most of her functions The monarchy is playing a role limited by firm constitutional rules The Prime Minister has become Quasi head of state
Parliamentary government: where Parliament is a central feature, and government is drawn from Parliament expecting them to be accountable to Parliament in return for allowing ministers to dominate. Parliamentary sovereignty – most political power lies with the government, however Parliament is the ultimate source of authority and power within the political system	-Fusion of executive and legislative power: not separation between government and Parliament -Praised for keeping governmental power under democratic control -Government is drawn from Parliament -Expectation of the government to control the legislature by manipulating a majority in the Commons Legal sovereignty remains with Parliament and is the ultimate power to make laws that are enforced. Government must accept the final word of Parliament when proposing legislation. Expectation of Parliament to approve most government proposals as government has a mandate from the people. Parliament can dismiss a government through a vote of no confidence, 1979, James Callaghan’s Labour government was forced to resign
Party government – arrangements for the Commons depend on the fact that one party is in control of the executive branch and is able to control the majority in the Commons.	Collective responsibility, mandate and manifesto, government and opposition and patronage depend on the single party government winning alone. The whole basis of party government called into question when the coalition occurred in 2010. The coalition government had no mandate; the agreed policies had not been presented to the electorate. The doctrine of the mandate had severely weakened. Coalition can only guarantee the support of the majority in the Commons as long as parties cooperate.
Unitary government – UK’s political system	Legal sovereignty located at the centre in Parliament. Power has been decentralised through devolution and much sovereignty has been delegated to EU. Parliament has the final say in all political and constitutional matters.

ASSESSMENT OF THE BRITISH CONSTITUTION

Strengths	Weaknesses
Neither codified nor entrenched; it is flexible and adaptable. Easily changed to react circumstances E.g. the 2010 election producing indecisive results. No fixed constitutional rules as to how to deal with the circumstances. The Cabinet Secretary proposed draft proceducres to create a coalition. This was done without the Queen.	Lack of restraints on the governmental/Parliament powers is dangerous to individual and minority rights.
Constitution is traditional Never had a violent revolution or political unrest.	Traditional and out dated and undemocratic systems such as FPTP, monarchy and Lords.
Ensures parliament can act decisively, unrestricted by excessive constitutional restraints.	Lack of separation of powers means government tends to dominate Parliament Not representative of interests of the people
Traditional: the House of Lords and the Monarchy Help to maintain public support for the system	Ignorance because of uncodification Poltical apathy and lack of support for the poltical system

Sovereignty in the UK

Legal sovereignty – Parliament has legal sovereignty and no other body may overrule Parliament.

Parliament may restore all of its sovereignty by withdrawing from the EU at any time

Statutory legal powers that are granted to a subsidiary body/minister can only be by Parliament.

Parliament is therefore DELEGATING LEGAL SOVEREIGNTY.

Scottish Parliament: primary legislative powers, under the Scotland Act 1998

Parliament:

- Group of MPs elected at general election & Lords

- Usually holding Parliament for 4/5years

- Each Parliament is legally sovereign and not bound by any laws made by previous Parliaments.

- Parliament can technically undo all laws in existence

- Parliament cannot entrench any laws, or prevent future Parliament from repealing/amending them

Central government is legally sovereign between elections because it has been given a mandate; it is not ultimate power and therefore can be overruled by Parliament.

Legal sovereignty lies with the UK Parliament, except where it has powers to the EU.

Pooled sovereignty – where legal sovereignty is exercised collectively by a number of sovereign states.

Popular sovereignty – people have some sovereignty

1.      People elect Parliament/government at general election and their verdict isn’t challenged

2.      Party has a mandate to carry out policies. This means that people have granted authority to government to exercise power, displaying sovereignty.

3.      Referendums are regularly held – results are however, not binding on Parliament. Government/Parliament would rarely refuse to accept a verdict of a referendum.

Popular sovereignty: where peoples decision in an election or referendum is binding on the political system.

Political sovereignty – where legal sovereignty is found, political sovereignty lies. It ignores where legal sovereignty lies and concentrates on whom realistically can exercise power within the state.

UK government and the PM are politically sovereign as they hold most power in reality.

Scotland: government and Parliament hold the most power.

Political sovereignty:

-          Mandate – most proposals are accepted through Parliament

-          Prerogative powers – Parliament cannot overrule without passing Act of Parliament

-          Scottish, Welsh & Northern Irish governments and assemblies have political sovereignty over certain areas of policy making because of devolution.

-          Popular sovereignty at a general election

The monarch’s legal sovereignty is purely ceremonial.

EU and the constitution

1st January 1973 Britain joined the European Community/ European Union as a result of Parliament passing the European Parliament Act, 1972.

EU law is enforced by courts in member states.

European Court of Justice will interpret the law; ECJ’s interpretation of the EU law is binding on all other courts

©      EU laws are superior to UK law.
Merchant Shipping Act was inferior to EU fisheries regulations.
Fishing vessels were able to operate in British waters against the UK Parliament’s wishes.

©      British courts must implement EU laws

©      The Supreme Court is not the highest court of appeal, the ECJ is when interpreting an EU law.
This was introduced in 1993, Regina versus the Stock Exchange

©      Proposals requiring unanimous vote (EU Council of Ministers) to become EU law, UK doesn't sacrifice sovereignty – it has an effective veto
UK has consistently vetoed any attempts to harmonise taxation throughout Europe.

©      The UK must submit to shared sovereignty of the EU when proposals become EU law through a qualified majority vote.

©      Parliament shouldn’t pass any conflicts with existing EU law

The constitutional status of the UK has been altered by British membership to the EU.

WHERE HAS SOVEREIGNTY IN THE UK GONE?

ü  PARLIAMENT REMAINS SOVEREIGN, although it has delegated power to other bodies or individuals. It can reclaim power at ANY TIME. Devolved power, 1998 to Wales, Scotland, Northern Ireland.

ü  Political sovereignty is effective power being transferred AWAY from Parliament.

ü  Powers have gone to the PM and government.

ü  Powers have gone to the people, when referendums are held; it is unlikely that Parliament will overrule the people but they have a right to not accept it.

ü  Legal sovereignty has been transferred to the EU.

ü  Pooled sovereignty is the sharing rather than the losing of sovereignty; trade, environment, employment law.

ü  EU decisions require a unanimous vote – Britain retains a veto and does not give up sovereignty.

ü  Britain is free to leave the EU at any time and can restore all legal sovereignty to Parliament.

Constitutional reform after 1997 – where fundamental nature of the system of government changes/proposes change. For example: codification of the constitution

The Principles of Constitutional Reform

Constitutional reform	Why reform has been proposed	Mini conclusion
Democratisation: British political system is considered undemocratic: 1.      The electoral system of FPTP 2.      The House of Lords	1.      Devolved assemblies (Scotland, Wales, NI) all use PR. 2.      A removal of most of the hereditary peers has happened.	1.      However, Westminster still uses FPTP. The proposed reform of the use of PR in the 2011 referendum for AV proved unsuccessful. 2.      However, the second chamber is still fully selected and will only be truly democratic when it is a fully elected chamber.
Decentralisation – power has been dispersed, 1998	Welsh Assembly is about to receive law making powers, SCOTTISH INDEPENDENCE!!!!	The more local introduction of elected mayors in cities and introduction of Police Commissioners help to decentralise control over the police.
Restoration of rights – after the 1980s, fear that citizen’s rights had been eroded	Labour proposed an incorporation of the ECHR on British Law. Freedom of Information Act helped to create a more open & accountable government.	Safeguarding of rights in the UK have been strengthened by these two acts.
Modernisation – Labour party (after 1997) and coalition government sought to bring the British constitution into line with modern western democracies	Stronger protection of rights & the ability to obtain information; modernisation. Fixed term parliaments – having parliaments for a four year period, and the PM choosing a date at appointment for the next general election.  Increased use of referendums	Failures of modernisation: 1.      Codification of the constitution 2.      Reform of the Lords (until 2010) Presents the British system to be traditional rather than modern.

Parliamentary reform – membership, powers or procedures of the Houses are made/proposed.

Reform	House	Expansion	Proposal	Result/Compromise
1997 Government	Lords	Stage 1: Removal of the hereditary peers from voting rights Stage 2: Elected/largely elected chamber	Fully appointed chamber of life peers and Church of England bishops	Compromise: allow 92 hereditary peers to retain seats. Lack of political agreement, legislation was slow and inconclusive
Departmental select committees	Commons	Backbench MPs that scrutinise the government departments have become more important and enjoy more enhancement in status.	The chairs of committees awarded extra salaries to raise their status. Outgoing Labour government established a system of electing members of the select committee. .	Prior to reform largely selected by party leaders. Election of members increased independence.
2010 Backbench Business Committee	Commons	Giving MPs control over 20 parliamentary days to debate issues		Increase in backbench control & influence
2012 allowing constituents to recall unsatisfactory MPs.	Commons	Petition raised and a by election held.
2015	Commons	Constituency boundaries of equal size.	Fifty fewer constituencies	Smaller House of Commons

Human rights –basic rights that citizens can expect to enjoy, including freedom of expression, association, worship, from imprisonment without trial and right to privacy.

Why was the HRA proposed by LABOUR?

©                  General desire to bring British constitution into line with the rest of Europe	©                  Other European states have arrangements to protect individual rights
Increased powers of police & courts (1980-1990)  seen as a major threat to rights
©                  British government had been brought upon the European Court of HR more than 50 times since 1966 and lost cases	©                  Cases had been an embarrassment to government.
©                  New Labour stressed ‘active citizenship’ – responsibility of citizens to the community/country	©                  Rights should be better understood and safeguarded.
©                  Devolution settlement that Welsh, NI & Scottish parliament should be bound by the Convention.	©                  Reassure citizens that devolution wouldn’t threaten their rights.

Human Rights Act (1998) made the European Convention of Hunan Rights part of British Law in 2000.

How the Human Rights Act works

HRA states the ECHR is binding on all public bodies in all circumstances.

Can be enforced by any British court of law.

These institutions are bound by this act

©      Welsh/Scottish/NI political systems

©      Local authorities

©      Government ministers, civil servants

©      Government executive agencies

©      Quangos/ non-government public bodies

©      Organisations engaged in ‘public business’ – schools, colleges

The convention is not considered superior to Parliament as it would conflict with the idea of Parliamentary Sovereignty.

Minister who proposes legislation in Parliament must make a declaration, compatible or incompatible with the convention.

Incompatible: Parliament will debate the bill
Compatible: enforced by the courts

ECHR may still hear appeals against UK national legislation and may declare an Act to be in breach of the convention but judgements are not binding in Britain.

The HUMAN RIGHTS ACT

The codification of rights in British history; a clear statement of individual rights hasn’t been prevalent since the Magna Carta 1215.

The HRA fails to deal with the enormous power of central government and its almost complete control over Parliament.

If the HRA was binding on parliamentary legislation, it may have represented a major check on governmental power.

The HRA was depicted as a dramatic constitutional change following the Belmarsh case; HRA gave the government the power to detain without trial ANYONE who was reasonably suspected of being an international terrorist. Nine men, in December 2004 (including Abu Qatada) appealed against their detention as this breached the ECHR. June 2006, the UK Parliament ruled that the suspected terrorists could be held without trial for up to 28 days, in which they must be released – under the European Convention.

European Convention forbids the use of torture; UK shouldn’t deport anyone who is going to be tortured – government gains assurance from the countries that deportees wouldn’t suffer.

2012 – Abu Qatada (radical Muslim) was sought by the government to be deported to Jordan for trial – this didn’t happen under the ECHR torture rules.

Electoral Reform

The 2011 AV referendum rejected the proposal of proportional representation in the Commons.
PR has been introduced in the devolved assemblies.

Elective dictatorship – once elected, government has uncontrolled power. This happens even though governments in the UK do not necessarily have to win a majority.

Freedom of Information – 2000

1.      Citizens are able to see information that is held about them by government, schools, medical bodies

2.      Documents and reports help by government; limiting the ability to supress information – open government.

Security services were exempt, and the government has the right to conceal information that will prejudice the activities of the government.

Information Tribunal – what information can be released.

2008 – request to the Information Tribunal to release details of the expenses claims made by MPs; Parliament attempted to block the request but failed.

Information was released and leaked to the Daily Telegraph, MP’s were accused of ‘milking’ the system and had to resign as a result.

Freedom of Information – significant in healthcare, defence and local authority: most important constitutional reforms.

London Government

Greater London Council was abolished by Thatcher and was replaced with a mayor controlling the allocation of funds, patronage and appointments.

The GLA (25) can veto mayor’s budgetary powers if they have 2/3 agreement.

Mayor will face obstruction for controversial measures as the makeup of the Greater London Assembly is divided:

CONS: 9 Seats
LAB: 12 Seats
LIB DEM: 2 Seats
GREEN: 2 Seats

London Mayor – Boris Johnson possesses influence rather than power.

The introduction of the congestion charge, Livingstone’s most decisive action; congestion charge to get into London has created revenue towards public transport and reduced traffic by ¼. Livingstone gained approval for a huge investment programme, 2004 – 2009 for the London underground.

Livingstone gained central government approval for Crossrail; construction of east-west rail link. Johnson supports Crossrail.

Livingstone & Johnson secured 3000 community officers and extra funding from the Home Office to increase police officers and effectively reduce crime levels.

Livingstone’s contribution for the bid for the 2012 London Olympics

Boris bikes, free for an hour and a half and bendy buses.

Local government

Local authorities can change to cabinet system of government; councillors from dominant parties rather than the division into functional committees.

Problems of local government –

1.      Lack of autonomy from central government

2.      Lack of accountability to local electorates

3.      Lack of public interest in local government and politics

The introduction of elected mayors in cities alongside the new Police Commissioners accountable to the policing,

Devolution – constitutional reform where power is distributed to national/regional institutions, whilst Parliament retains its sovereignty.

1997, devolution was part of the manifesto; mandate for change. Labour held its support through Scotland and Wales. A referendum was held in 1997; turnout was around 60% in Scotland; 74.3% voted yes, and 63.5% voted for the tax varying powers and around 50% in Wales turned out, with 50.3% YES vote.

The UK income tax to be upped or down by 3% by Scottish Parliament was problematic.

Elections to the devolved assemblies

Wales’s turnout: 46%
Scotland turnout: 58%

Labour dominated both elections but FAILED to achieve an overall majority.

1999, Scottish Parliament – coalition government Labour & Lib-Dems, under Denwar

Welsh Assembly – minority Labour government under Michael – replaced by Morgan, eventually a coalition with the Lib-Dems.

Devolution

Devolved assembly	Administrative devolution	Legislative devolution	Financial devolution
	Transfer of limited power; allocation of public funds, admin, how laws should be implemented. SECONDARY LEGISLATION: rules and regulations imposed within the country under powers from Parliament.	Transfer of power to make primary legislation; making Scottish PARLIAMENT rather than an assembly.	To raise devolved admins’ own taxes. Typically, central government grants. Taxation powers grant autarky; Scottish Parliament – increasing/reducing income tax by 3%
Scotland	YES	YES	YES
Northern Ireland	YES	YES	NO
Wales	YES	NO – to be granted after 2012	NO

ARGUMENTS FOR DEVOLUTION	ARGUMENTS AGAINST DEVOLUTION
Popularity for more self-government in the national regions	Conservatives feel devolution will lead to the breakup of UK; demands for independence are encouraged by devolution
Regional government is better suited and represented than national government	Demand for devolution was over-exaggerated in Wales
Decision making is closer to the people; Westminister keeps central control, but reducing the workload. More democratic as its closer.	Extra layer of government – MORE COST TO THE TAXPAYER & more confusion
The breakup of the UK is prevented as it satisfies the need for independence	SCOTLAND: taxes would rise, less prosperous than  the UK
National borders are less important than regional differences. ‘Europe of the Regions’	Nationalists: devolution hasn’t gone far enough; Westminster still have all the central powers
	Devolution doesn’t permit a separate voice in Europe.
	WEST LOTHIAN QUESTION – SEE ELECTIONS

pScottish Parliament – Edinburgh, every four years 129 SEATS – under AMS: 73 seats under FPTP, 56 party lists 2 VOTES: 1)Constituency MSP, 2)Party Scottish Parliament – after 2011 Scottish National – 69 seats Labour – 37 seats Conservative – 15 seats Liberal-Democrats – 5 seats Greens – 2 seats Other – 1 seat

NO power to make PRIMARY LEGISLATION – ultimate sovereignty remains with British government Seats in the Welsh Assembly after 2011 Labour – 30 seats Plaid Cymru – 11 seats Conservative – 14 seats Liberal Democrat – 5 seats

Devolution broke the traditional Unionist domination, reflecting the sectarian divide in Ireland after the Good Friday Agreement, 1998 Power sharing – forming a government in a divided society representing all sections of community to find agreeable policies Northern Irish Election – 2011 Party Seats won Executive seats Democratic Unionist (DUP) 38 4 Peter Robinson, 1st minister Social Democratic Labour Party 14 1 Ulster Unionist Party (UUP) 16 1 Sinn Fein 29 3 Martin McGuiness, Deputy First Minister Alliance Party 8 1 Others 3

FUNCTION OF THE WELSH EXECUTIVE	LIMITATIONS	Role of the EXECUTIVE First minister/ Alex Salmond Nicola Sturgeon	LIMITATIONS	FUNCTIONS OF THE WELSH ASSEMBLY	FUNCTIONS OF THE SCOTTISH PARLIAMENT	FUNCTIONS OF THE NORTHERN IRISH ASSEMBLY
Allocate and negotiate funds from the British government for departments Organise the implementation of devolved policy areas	LIMITED primary legislation	Formulate policy and draft legislation for Parliament Implement policies developed within the executive and approved by the Scottish Parliament	Other sectors that primary legislation cannot be passed in under the devolution legislation Cannot pass legislation conflicting with British law/EU law/ECHR	Primary legislation in: criminal law, civil law, education, social services, local government, building and planning, agriculture, fisheries, health, transport and emergency services Primary legislation – 1. Laws and how we understand them and what limitations there are, 2. Enabling legislation, powers to other bodies to make regulations – crucial to Scottish devolution – distinct and Members of the executive are given the powers to create secondary legislation; not need to pass the same process as primary legislation : Final say on Scottish law rests with Westminister; devolution grants autonomy Most important; defence & foreign policy, relations with Irish Republic, Economic and Social policies, taxation
	Cannot raise special taxes in Wales		Cannot raise its own national taxes other than 3%		Determine the level of income tax to within 3% higher or lower than the British rate
		Negotiate with the British government for funds		Debates and requests changes to the Welsh budget	Approve the overall Scottish budget
Represent Wales at EU, even though Wales isn’t represented		Negotiate with European Union for regional funds and favourable policies		Call the executive (government) to account for its actions and policies
	Cannot grant powers to members of the Welsh executive	Organise and oversee provision of services by executive departments		Elects the head of the Welsh executive and can dismiss them	Elect a first minister to form the executive
		Liason with British government	Cannot amend devolution legislation; changing system of government in Scotland	Implementation of policy on Welsh affairs	Form committees to scrutinise legislation and the work of Scottish executive departments
	Cannot call London government to account directly	Make decisions under powers delegated by British/ Scottish Parliament		Discusses Welsh affairs makes resolutions for Cardiff & London	Oversee and scrutinise secondary legislation by Scottish ministers, local authorities	Legislation – majority amongst both Nationalists and Unionists; consensus support

The Scottish EXECUTIVE – replacing government to avoid confusion First minister – Alex Salmond; effectively PM, leader of the largest party in Scottish Parliament However, the Parliament MUST approve the appointment. COMPARE TO BRTISH APPOINTMENT OF PM	The Welsh Executive effectively the government of Wales. Head of the executive elected by ASSEMBLY/accountable to the assembly who can remove them 1st – Labour minority Labour-Plaid Cyrmu coalition; PC have made progress since 2007; 2011 election; no progress, REFERNDUM 2011 suggested in favour of legislative powers
Future of devolution in Scotland SNP – full independence; referendum in September 2014 YES – full independence away from the UK. NO – Devo Max/ Devolution Plus – Scotland in the UK; full taxation powers, more control of its own affairs than the UK Treasury -          Scottish Parliament forced to make old peoples homes free on demand (free healthcare in England and Wales) -          Extra tuition fees abolished in Scotland -          Fox hunting: Scottish Parliament little difficult to respond for its abolishment -          STV/PR local government elections -          2010 minimum alcohol prices – reduce excessive drinking	Future of devolution in Wales Soon – legislative powers Unlikely for autonomous taxation powers/full independence	Future of devolution in Northern Ireland 1998 – difficult progress to permanent government St Andrews Agreement elected the ministers see above. Feb 2010, breakthrough of all parties agreeing to transfer of law and order to NI executive; remove the obstacle of power sharing

Referendums gain consent for constitutional reform; such as DEVOLUTION. The Political Parties, Elections and Referendums Act 2000 – codification of the party system.

See judicial reform and Parliament Act etc. in Judiciary unit.