Component 2 UK Government Essay Plans and Questions written by folamiiyiola www.stuvia.com Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics COMPONENT 2: UK Government Chapter 1: The Constitution Evaluate the view that the next logical step after devolution to Scotland, Wales and Northern Ireland is the devolution of further power to England (30) Point 1: Devolution arguably is the next logical step as the elected mayor model has arguably worked and also the 1978 Barnett formula gives more money to areas such as Scotland. Evidence: The institution of an elected mayor was created by Blair in 2000, overseeing policy areas such as development and policing. The first mayor, Ken Livingstone, introduced a congestion charge in London in response to increased traffic and environmental damage. By 2015, a further 16 urban areas including Bristol and Liverpool also adopted the mayor role. Its success suggests that further devolution would be successful. Link to democracy: This allows the people to have more decisions over who influences their local factors, and also hold them more accountable. Point 2: Certain regions in England have strong identity, such as cornwall and Yorkshire. According to a study by ‘The Question’, 72/100 people in Yorkshire and 76/100 people in Cornwall believed that they should have more regional power given to them by the government. This suggests that there is a strong desire for more regional devolution in certain areas, with places such as Cornwall having very strong regional identity (so much to the point that they have registered as a minority group). Link to democracy: Thus, it would be more democratic to suit the needs of the huge demand for devolution in some areas of England. Point 3: Other areas have rejected further devolution, which many see as pointless. Blair had a referendum in 2004, suggesting that there should be a regional assembly and decision-making board, promoting economic development on behalf of the government. This was held in the North East, where the result was a resounding 78% no, suggesting that the regional identity is not strong enough across the whole of England to warrant further devolution. Link to democracy: Thus it would be undemocratic to have devolution, and not representative of the whole country. Evaluate the view that there are more advantages to having a codified constitution than remaining with an uncodified constitution (30) Point 1: An uncodified constitution means that laws can be easily changed without problems. Evidence: After huge campaigning for the banning of high calibre handguns after the 1996 Dunblane massacre, in 1997 they were quickly abolished and thus over 400,000 tonnes of ammunition were also surrendered to the police. This suited the interest of the majority of the public, with Blair’s government also adding 22. Calibre handguns to the list shortly after coming into power, showing that the constitution, as it is uncodified, can be quickly changed to suit the needs of the people. Link to democracy: This shows that an uncodified constitution is more democratic as it can be more effectively changed to suit the needs of Parliament and also the majority of the people. Point 2: An codified constitution also means that unelected, unaccountable judges have too much power. Evidence: With a codified constitution, judges can effectively reinterpret laws to whatever they please, with difficulty surrounding it being changed ,such as the Obergefell vs Hodges case in 2015 that gave same sex couples the right to marry. Link to democracy: Thus, unelected judges can also act against the interest of the sovereign parliament and democratic will of the people, and instead dictate how certain laws works, which arguably gives too much power to those who are unaccountable and unelected. Point 3: Codification and a constitutional court would be able to assess the constitutionality of actions by Parliament. Evidence: Parliament itself would be more legally accountable, and would thus always have to adhere to the rights of the people when making law, rather than just have certain advice from judges. An example of parliament being able to ignore legal recommendations was Tony Blair’s government taking away certain civil liberties after the 7/7 attacks and introducing a system of control that enabled suspects to be closely monitored through electronic tagging, removal Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics Point 4: English parliament is also fairly useless. The establishment of an English parliament as part of devolution would also be fairly pointless, with the vast majority of people already seeing Westminster as ‘English parliament’. Furthermore, the 1978 Barnett formula also gives less money per person to people in England than anywhere else in the UK, and a federal solution could solve this. Link to democracy: Thus, setting up such a programme would be largely not in the interest of the population. of mobile phones and internet access despite adverse rulings from judges. Link to democracy: Thus, the judges can be prevent totalitarianism in the state and Parliament as they can ensure that the government always follows legal procedures, and thus even a government with a vast majority of seats cannot just pass through whatever laws they please. Evaluate the extent to which the reforms made to the constitution by the coalition government (2010-15) were significant. (30) Point 1: Fixed term Parliament act. Evidence: The Fixed Term Parliament Act, passed in 2011 attempts to ensure that the Prime Minister can no longer exploit the system of being able to call a general election when the opposing party is low in the polls. The PM now has a fixed term in Parliament which is fulfilled, rather than calling a general election at some point in that time frame. However, this can still be subverted, as seen in 2017 with May’s snap election, in which two thirds of Parliament is needed to vote through the general election and authorise it, which Labour did. Evaluate the extent to which the constitutional changes since 1997 have been beneficial. (30) Point 1: Human Rights Act and independence of judiciary. Evidence: The 2005 Constitutional Reform Act led to the establishment of the Supreme Court four years later, which acted as the highest court of appeal in the UK for civil cases and for criminal cases. This development is an example of the separation of powers - the idea that independent branches of government should be independent of each other and hold government legally to account. Point 2: Recall of MPs. Evidence: The Recall of MPs act, introduced in 2015, enables constituents to recall their member of Parliament and call a by-election. If an MP has violated the law and received a prison sentence or been involved in an expenses scandal, they can be recalled by a 10% vote by the constituents of that constituency. Kate Osamor is likely to face such a vote after her scandal involving lying to the police about speeding. Point 3: Rejection of AV replacing FPTP. Evidence: The Point 4: Codification would entrench law and thus make law making a more well thought out process and educate the public about constitutional issues. Evidence: Codification would allow people to directly know and educate themselves about their rights, such as in America where they can refer to certain areas of the constitution such as the amendment which allows citizens to own legally licensed firearms to defend themselves against a totalitarian state. Link to democracy: This is more democratic, and encourages participation in the political system, which has arguably been falling. Furthermore, the law making process would take on a similar approach to the US, in which 2 thirds of the state and 3 quarters of the senate must agree before passing a law. Point 2: Recall of MPs and Fixed term Parliament act. Evidence: Recall of MPs (2015) ensures that MPs can be held accountable if they are sentenced to a custodial sentence or are suspended from the Commons for more than 21 days, a by-election is triggered if at least 10% of constituents sign a petition. This means that MPs can be held accountable for breaking the law, with Kate Osamor likely to face such a vote after her speeding and lying to court scandal. The Fixed Term Parliament Act (2011) prevents Prime Ministers from exploiting the ability to call a general election at any point during their administration (when the opposition is polling poorly) and instead a fixed term of Parliament is given. This was subverted by Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics Liberal Democrats proposed a use of a referendum to suggest potential electoral reform switching from FPTP to AV. The UK emphatically rejected this by 67.9%, and thus the Liberal Democrats in the government were unable to substantially change the nature of the electoral system. While the 2010-2015 government pledged to use more referendums, this did not have any significant outcome on the political climate. Point 4: Lack of electoral legitimacy in the House of Lords. Evidence: Under the 2010 coalition, plans for an elected House of Lords were dropped after a rebellion from 91 Tory backbench MPs. There was no substantial change in the nature of the House of Lords, who continue to be elected amongst themselves and generally unaccountable to the public. Theresa May as the vote to hold a General Election reached over two-thirds of Parliament as Corbyn welcomed it. Point 3: Point 4: Lack of electoral legitimacy in the House of Lords. Evidence: In 1999, The House of Lords Act receives Royal Assent, reducing the number of hereditary peers by more than 600 and freezing the number which remains at 92 until further reform. In 2000 The independent House of Lords Appointments Commission is established to recommend and approve suitable candidates for membership. Yet it continued to lack democratic legitimacy. Under the 2010 coalition, plans for an elected House of Lords were dropped after a rebellion from 91 Tory backbench MPs. Point 4: Failure to change the electoral system despite pledged use of more referendums. Evidence: The proposal of switching to an AV electoral system rather than FPTP was rejected heavily in 2011 with 67.9% of voters rejecting the idea. While it could be argued that this was more voting against the Liberal Democrats rather than the actual idea, failure to implement any substantial constitutional change to the electoral system undoubtedly shows that not all constitutional changes were beneficial as they did not even succeed. Pledges to hold more referendums was arguably useful, with the 2014 indyref arguably settling the argument of Scottish independence, that is, until, the 2016 Brexit referendum in which Scotland voted heavily to Remain and are being pulled out of the UK regardless and thus campaigns for independence grew popularity again. Evaluate the reasons why pressure for constitutional reform has grown in recent years. (30) Point 1: Human Rights vs Bill of Rights. Evidence: Many, particularly Brexiters, have called for a new British ‘Bill of Rights’ to replace the current EU declaration on Human rights. Many people believe that Britain should have their own constitution and form of human rights, rather than have it dictated to them by the EU courts. The prime example of this demand for reform was Theresa May’s inability to deport Abu Qatada as home secretary, with Qatada opposing deportation since 2005 due to fears of being tortured in his home country, Jordan, which violated human rights. Theresa May eventually had him deported in 2013 after she received assurances from Jordan, yet the fact that it took Britain so long to remove a terrorist from their country created more demand for a new Bill of Rights. Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics Point 2: More representative election systems. Evidence: In the 2017 General Election, it is estimated that up to 66% of the votes cast had no influence on the actual result of the election due to the FPTP system. The Liberal Democrats have campaigned for the reform of the electoral system, putting forward a referendum on FPTP vs AV, however this failed. Yet demand for a change in electoral system especially after Brexit has been supported amongst smaller parties in order to ensure that people can have a more direct impact on UK politics. Point 3: Devolution. Evidence: Many feel that Blair and Cameron’s devolution did not go far enough in recent years, with the SNP having a referendum in 2014 to remain or to completely devolve from the UK. Areas such as Yorkshire and Cornwall have high senses of regional identity, and according to a study by ‘The Question’, approximately 72/100 people in Yorkshire demand more devolution as well as 76/100, with some Cornish people even seeing themselves as a separate ethnic group. Point 4: More democracy in House of Lords. Evidence: Many people also believe that Blair and Cameron’s reforms did not go far enough in terms of Lords reform. The Lords are now chosen by a House of Lords appointment committee, yet the PM can still appoint Lords and they are not democratically elected by the public and therefore both unrepresentative and not democratically accountable. Many people believe that the Lords should either be gotten rid of or reformed so there are indeed aspects of democracy in the Lords, which are not entirely prominent. The failure of any government to take up this role has led to more campaigning for House of Lords reform. Chapter 2: Parliament Evaluate the view that Prime Ministers Questions should be abolished and replaced by other forms of Parliamentary scrutiny of the executive (30) Point 1: Iconic PMQs. Evidence: PMQs can significantly impact the image of the government or even the opposition. Tony Blair described the experience of PMQs as ‘gut wrenching’, yet also famously branded Major’s administration as ‘weak, weak, weak’ in the lead up to the 1997 election which he won with the largest majority ever seen in Parliament, at 179 seats. It allows the PM and the Evaluate the extent to which the House of Commons has greater power and influence than the House of Lords. (30) Point 1: Use of the Parliament Act. Evidence: Usually, the House of Lords backs down as it does not want to be in direct opposition to an elected government or House of Commons. However, the government has a final resort which establishes the power of the Commons over the Lords: the Parliament Act. If the upper house remains opposed to a bill, it can be forced through, as seen when used three times by the Blair government for the Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics leader of the opposition to show their personalities to the public, with every debate televised. Point 2: It also allows backbench MPs to voice concerns regarding their individual constituencies. Evidence: Backbench MPs can raise various questions to the PM regarding issues in their individual constituencies, such as transport or funding. The process thus involves the entirety of Parliament to allow voices to be heard and issues raised that are relevant across the country. David Lammy famously pointed out that his own constituents were being falsely accused of illegal immigration and not being a British citizen during the Windrush scandal. Point 3: The government is not directly held accountable to anything by any sort of vote during PMQs. Evidence: While PMQs allows MPs across the UK to air different points of view, it does not actually hold the executive to account with any form of vote or command to fulfil a particular issue, and thus the government does not necessarily face any legal obligations under their scrutiny during PMQs, merely that they attend. Point 4: The answers that the government give may avoid the question. Evidence: It is debatable whether the PM even actually responds to the question or they merely avoid it. For example, Vicky Foxcroft, MP for Lewisham in 2018 questioned the PM on the impact that Brexit would have on universities, only for her to be to referred to an answer that Foxcroft argued did not share the same details. The ability of the PM to simply dodge and avoid the question hampers the point of PMQs and does not successfully hold the executive accountable. Evaluate the extent to which Parliament is effective in carrying out its representative role. (30) Point 1: It is fully elected in a working election by FPTP. Evidence: MPs are all elected and have received the largest amount of votes out of any candidate in their constituency, thus representing their constituency in Parliament. MPs generally try to serve the interests of their constituents and vote for them on particular issues, such as Chuka Umunna campaigning for a second referendum on EU membership with his constituency, Lambeth, to changing voting system for EU parliament elections (1999), equalising the age of consent for gay and heterosexual people (2000) and banning hunting with dogs (2004). Point 2: Representative role of Parliament and Salisbury Convention and financial legislation. Evidence: The Commons representative role through the use of general elections gives it far more power and influence than the House of Lords, which remains unelected. The Commons is thus directly accountable to the people and also makes up ministers of the government. Furthermore, the 1945 Salisbury convention ensures that the House of Lords cannot vote against any legislation that was included in a government’s manifesto, and thus decreasing its power compared to the Commons which can vote against this. Point 3: Lords experience. Evidence: It could be argued that the Lords have gained more influence since the use of an appointments commission and the removal of the majority of the hereditary peers in the House of Lords, meaning that it is now many people with financial experience which can provide different insight to those MPs in the House of Commons. However, the Lords still fails to represent the population, as three quarters of the members of the Lords are men and just 5% part of an ethnic minority group. Point 4: 2015 delay on cuts to tax credits. Evidence: The Lords voted to delay planned cuts to tax credit and to compensate those who were affected. This raised a constitutional issue as many argued that the bill was a financial one and thus the LOrds should not have rejected it, yet it also showed the power of the Lords. The peers were actually well within their rights because the tax credit changes were incorporated into secondary rather than primary legislation and the Lords was allowed to reject a statutory instrument. Evaluate the extent to which Parliament is an effective check on executive power. (30) Point 1: Sovereignty of Parliament. Evidence: Parliament is fully sovereign and the government’s servant, thus, if Parliament commands the government to do something then it is legally forced to. An example of this was in December 2018 when the government were found in contempt of Parliament for the first time in its history as they had failed to publish legal advice for business as the UK left the EU. Thus, Parliament’s ability to check Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics vote remain in a larger majority than anywhere else in the UK. executive power with legal backing makes it an effective check on executive power. Point 2: The number of ethnic minority and female MPs is also increasing. Evidence: There are 52 out of 650 Mps that are minorities after the 2017 general election from just 27 in 2013. Furthermore, there are now 208 MPs out of 650 in Parliament that are female, up from 191 in 2015, with 2017 creating the most diverse Parliament yet. However, these numbers still do not fully represent the population, as ethnic minorities remain grossly underrepresented, with 400 men in Parliament. Point 2: Hung Parliament and Brexit deal. Evidence: Parliament has also held government accountable during Brexit negotiations, in which Theresa May’s deal was rejected by the largest majority in history in January 2018, at 230 votes. The fact that the government must pass its deal through a hung Parliament has proven extremely difficult, and Parliament’s massive rejection of May’s Brexit deal has led to the government returning to negotiations with the EU. Point 3: The Lords is completely unelected and unrepresentative. Evidence: The House of Lords appointment commission elects members to the House of Lords, meaning that they are not accountable to or representative of the public. Furthermore, the Lords is even less diverse, with three quarters of the Lords being male and just 5% being ethnic minorities. There are also MPs such as Kate Hoey, which do not represent their constituents on particular issues, as she has campaigned for a no-deal Brexit despite her constituents of Vauxhall voting to remain at 70%. Point 3: Parliamentary government. Evidence: However, a massively hampering impact on Parliament’s effectiveness in holding the executive to account is Parliamentary government. As all cabinet ministers and secretaries are also MPs, it means that the very own government can potentially vote through its own legislation, as Parliamentary government ensures that the government do not hold themselves accountable in Parliament or effectively scrutinise the legislation. There are approximately 21 cabinet ministers as well as MPs that work in their departments. Point 4: FPTP is undoubtedly flawed. Evidence: FPTP does not actually represent the majority of votes due to ‘safe seats’ and the fact that different parties can count on certain areas always voting for them, e.g. metropolitan areas largely voting Labour. It has been estimated that up to 66% of the votes cast at the 2017 general election did not have any impact on the resulting Parliament, showing that FPTP actually ignores, rather than represents voters. Point 4: Overwhelming majorities. Evidence: It is arguable that Parliament was proven to be an ineffective check on executive power during Blair’s administration, in which he possessed the largest majority ever seen in Parliament and thus could fairly easily have any policy he wanted voted through without fear of over 179 Labour MPs rebelling. The government were not successfully held accountable for their decision to go to war with Iraq, in which Parliament overwhelmingly voted to go to war despite their being little evidence of weapons of mass destruction. Evaluate the extent to which Parliament effectively carries out its functions. (30) Point 1: Representation. Evidence: Parliament represents 650 different constituencies, with every MP gaining the most votes out of any candidate in their constituency. The fact that they are elected also shows that they generally represent the views of their constituents (e.g. A Labour candidate is voted in to a more left-wing constituency). However, as MPs are elected by who ‘passes the post’ first, rather than who gains a majority, it means that many voters are left unrepresented. It is estimated that over 66% Evaluate the extent to which the UK Parliament has become an irrelevant institution. (30) Point 1: Theresa May lobbying Labour MPs and Parliamentary government. Evidence: After her Brexit deal faced such severe rejection, in January and February 2019 there were reports in the media that May was looking to promise vast sums of money to various constituencies with Labour MPs in order to get some of them on side for the deal. Theresa May also has the ability to bypass Parliament through parliamentary government, in which herself and her cabinet Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics of votes in the June 2017 General Election did not alter the nature of Parliament. Thus, Parliament does not fulfil its function of representation. Furthermore, MP’s often fail to represent the views of their constituents, with Kate Hoey, MP for Vauxhall, being a virulent campaigner for Brexit despite her constituency voting 70% to Remain. The House of Lords are also unelected. ministers/secretaries can vote through their own deal and legislation. Point 2: DUP confidence and supply agreement. Evidence: The government was also arguably able to bypass Parliamentary scrutiny by attaining a majority through their confidence and supply agreement with the DUP, costing them £1 billion. The fact that the Point 2: Accountability. Evidence: With a hung Parliament, Conservatives lost their majority and a significant amount the opposition has been able to hold the government of seats during the 2017 general election yet still retained accountable. An example of this is in December 2018, in a majority due to their deal with the DUP arguably which the Government were voted in contempt of subverted the democracy of Parliament, making it an Parliament for failing to publish legal advice for businesses irrelevant institution. after the UK left the EU. The government was then forced to push out legal advice immediately, which represented Point 3: Brexit deal vote and contempt of Parliament. Parliament’s sovereignty and control over the government. Evidence: Parliament, however, has held the government However, accountability for the government where it has a accountable in recent months, as they found the large majority is much less likely, such as during Tony government in contempt of Parliament in December 2018 Blair’s tenure in which he had such a large majority in for failing to publish legal advice for businesses as the UK Parliament that it was difficult to hold the Government left the EU, as well as rejecting Theresa May’s Brexit deal accountable for various policies and effectively oppose by the largest majority ever seen in Parliament at 230 them. This was also seen under Thatcher. votes, forcing the government to attempt to renegotiate aspects of the deal in order to crucially pass it through Point 3: Legislation. Evidence: Parliament is arguably Parliament. successful with creating legislation, as all legislation must successfully pass through Parliament in order to become Point 4: Hung Parliament. Evidence: Parliament has legal. Such legislation was seen by the passing of become an increasingly important institution since the triggering Article 50, which was passed by 498 votes to 2017 General Election, in which the Conservatives lost 13 114. Thus, Parliament effectively triggered legislation on seats while Labour gained 30 and their majority and the result of the 2016 EU referendum. However, became entirely reliant on a much smaller party, the Parliament has also proven to be ineffective regarding DUP, to give them their majority in Parliament. Parliament legislation, voting against no-deal in January 2018, yet is thus far more divided and more cross-party consensus also voting against Yvette Cooper’s amendment that is needed to vote through policy, thus making Parliament would actively seek to extend Article 50 in order to prevent a highly integral institution. The fact that Parliament held no-deal. Thus, Parliament has arguably been inefficient the government accountable for failing to publish legal regarding legislation. advice and their undesirable Brexit deal shows its importance in current politics in the UK. Point 4: Government. Evidence: Parliament is the main way of establishing governments, and has been able to create governments such as Blair’s which had a huge Parliamentary majority and thus could implement effective change, such as introducing the minimum wage. However, Parliament has arguably been inefficient at establishing governments in recent years, as the Conservatives were forced into a coalition with the Liberal Democrats in 2010, attained a small majority in 2015 and in 2017 were forced into a confidence and supply agreement with the DUP in order to retain effective administration. Therefore, it could be argued that Parliament has recently become ineffective at its function of producing a Government, as all Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics governments in recent years have been weak. Evaluate the extent to which the arguments in favour of a fully elected second chamber are convincing. (30) Point 1: Accountability. Evidence: A democratically elected House of Lords would enable them to be held democratically accountable for their statements or votes on legislation, which currently isn’t the case. The House of Lords being democratically elected would enable greater participation in politics. The Lords are currently appointed by the House of Lords Appointments Commission, yet they do not have to stand for public elections. Point 2: Representation. Standing for public elections would also make the Lords more representative of the current political views that the population have, rather than having been appointed years ago. There is a current representation issue in the Lords as over three quarters are men and just 5% are ethnic minorities. Allowing the Lords to be democratically elected may lead to a more representative second chamber. Point 3: Lords expertise. Evidence: While the Lords are unelected, the number of hereditary peers is now below 5%. The Lords are appointed by a commission and have valuable credentials for their appointment, such as experience in the field of law or business, which makes them effective in scrutinising various bills put forward in the Commons. An elected house would be more representative, but it may be less effective at scrutinising the government and legislation with experience that most MPs do not possess. Point 4: Unsettle the power balance in Parliament. Evidence: The House of Lords is generally subordinate to the House of Commons as it is convention to respect the democratic legitimacy of the House. Thus, policy that is opposed in the House of Lords will still be voted through if the Commons decides to do so. An example of this was the Lords voting to delay the Conservative government’s cuts to tax benefits in October 2015 but chose not to support a more controversial Liberal Democrat motion which would block the changes completely, yet they remained subordinate to the House. If the Lords were to become democratically elected, their legitimacy may rival that of the Commons, making legislation passing more difficult and creating a rivalry of power challenging the Commons. Chapter 3: Prime Minister and Executive Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics Evaluate the view that the conventions of ministerial responsibility no longer adequately account for the actions of ministers (30) Point 1: Ministers are quite often held accountable as individuals for particular mistakes, recently involving sexual scandals, and thus ministerial responsibility means they behave better. Evidence: Mark Garnier asked his secretary to buy him sex toys and also often sexually harassed her, resulting in his sacking in Theresa May’s cabinet reshuffle. Even despite a Cabinet Office investigation clearing him of any wrongdoing, the media scrutiny was enough to have him removed from his position in cabinet, thus holding him adequately accountable. Link to democracy: This shows that ministers resign should the scrutiny from the public eye be too much, which is democratic in removing unpopular ministers. Point 2: Collective responsibility take means governments and parties take responsibility for policy, and thus are more untied in decisions. Evidence: The collective decision of the Conservative government to support 18+ voting rather than 16+ voting despite harsh scrutiny from Jeremy Corbyn and the opposition in PMQ’s. Collective responsibility was seen particularly with the Liberal Democrats after their decision in 2011 to raise tuition fees despite pledging against it, and thus publicly apologising for their decision. Link to democracy: This is also more democratic as it means that parties must unite on their own policies and be held accountable for them as one Point 3: Ministerial responsibility is only effective when it comes into the eyes of the public, with the PM and parties often ignoring misconduct from MPs. Evidence: The PM is given a weekly list of updates containing the general misconduct of MPs and only so much of it is revealed to the public. Theresa May allegedly new about the allegations surrounding Mark Garnier before they became public, but chose to avoid them until public scrutiny arose. Individual responsibility is also unpredictable, and some MPs may receive unnecessary criticism for small errors, and thus lose a job that they were competent at. Link to democracy: Thus, this is undemocratic as MPs are protected from the scrutiny of the public eye. Evaluate the extent to which the prime minister controls the cabinet. (30) Point 1: The cabinet publicly support Theresa May’s Brexit deal. Evidence: Theresa May arguably has control of her cabinet, at least in the eyes of the media, as they are united in support of her Brexit deal. Theresa May has managed to successfully get onside important figures such as Michael Gove in the cabinet, and the various resignations, as ministers have been replaced with more loyal MPs has led to Theresa May having a stronger hold over her cabinet, at least in the public sphere. Point 2: The cabinet are appointed by the PM to various positions and can be reshuffled out of the equation easily. The PM often chooses MPs who are loyal to her. Evidence: The PMs hold over the cabinet is also strengthened by the fact that she can appoint and remove cabinet minsiters any time she desires, and thus has chosen MPs who are more loyal to her than their predecessors, such as appointing Stephen Barclay as Brexit secretary in November 2018. Point 3: In private, the cabinet are largely divided by Theresa May’s Brexit deal. Evidence: The PM’s Brexit deal apparently scraped through the cabinet vote, as she also faced resignations from important ministers such as Esther McVey, Dominic Raab and also junior ministers such as Sam Gyimah for various reasons. It is alleged that MPs such as Michael Gove are only on side for May’s deal to disprove claims that they are unloyal based from past events. The PM has thus largely been unable to control her cabinet and has faced significant resignations for this. Point 4: Theresa May also faces potential leadership challenges by other cabinet ministers. David Cameron’s government was similarly divided. Evidence: It has also been alleged that cabinet ministers such as Jeremy Hunt and Gavin Williamson are planning to contest Theresa May’s leadership within the party. Furthermore, Cameron’s cabinet was similarly divided on the issue of Brexit, with prominent MPs in Cameron’s cabinet such as Gove and Johnson surprising Cameron in choosing to support leave rather than remain. Thus, over the most important socioeconomic issue since WW2, the cabinet Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics Point 4: Collective responsibility is also massively undermined when individual ministers criticise their own government/party. Evidence: Boris Johnson and David Davis’ resignation in July undermined Theresa May’s cabinet, and suggested to many there her Brexit negotiations were going poorly. Ian Duncan Smith also undermined the government when he resigned over cuts to disability taxes by George Osborne, with individual ministers resigning over disagreements in policy undermining collective responsibility. Link to democracy: However, this is also democratic as it allows MPs to voice criticisms of their own government and party on behalf of the people, such as Ian Duncan Smith. has been divided for many years and continues to be. There are also MPs who reportedly support a second referendum on EU membership, such as Amber Rudd who has hinted at such in various interviews. Evaluate the extent to which prime ministers have become more powerful in recent years. (30) Point 1: Cameron had a majority in 2015 and a strong majority under a coalition with Liberal Democrats. Evidence: Cameron was able to attain a majority of 12 seats in 2015, and thus they were able to continue their policy of reduced public spending and cuts in order to attempt to recover from the global financial crisis of 2008. They were also able to form a coalition with the Liberal Democrats in 2010 which gave them 364 seats in Parliament, enabling them to raise tuition fees among other policies. Thus, Cameron and the Conservatives during this period provided an example of the PM being able to strengthen their powers from 2010-2015 with a parliamentary majority. Evaluate the extent to which UK prime ministers have become more like presidents in recent years. (30) Point 1: Increased scrutiny of personality, especially since Gordon Brown. Evidence: A trope of presidentialization is an increasing focus on the personality of a PM rather by the public and media, and less emphasis on their policies. Such a change has occurred since Gordon Brown was not an electoral success, arguably due to his lack of charisma and appearance as boring. The more flamboyant Cameron was thus able to have the Conservatives do considerably better at the 2010 election. The BBC TV debate in 2010 racked up 9.4 million views, with polls suggesting that Nick Clegg’s performance in the debate led to an improvement in the polling of the Liberal Democrats. Point 2: May has a majority in Parliament. Just. Evidence: Theresa May has also been able to maintain a majority in Parliament through her confidence and supply agreement with the DUP after the 2017 general election. Whilst the majority is extremely small, it has enabled the Conservatives to vote through policy such as economic migrants having to earn over £30,000 and above in most cases. She was also, like Cameron, able to call a General Election at any point she wanted in an attempt to increase the Conservative majority in Parliament, whereas from 2020 there will be a fixed term that a government has in Parliament. Point 2: Rise of social media also responsible for scrutiny of charisma etc. Evidence: The rise of social media has also arguably increased the focus on the personality of PM’s in a similar manner to Presidents as there is an increased forum for discussion. PM’s with strong majorities can also essentially bypass the issue of cabinet, as they can vote through their own policy extremely easily with large amounts of support. Blair, who had high amounts of charisma in his earlier years are a prime example of the growing presidentialisation of the position as PM. Point 3: Hung Parliament undermined May’s authority. Evidence: While May was able to just about retain her majority and thus gain her own electoral mandate, the majority was severely undermined and Labour gained 30 whilst the Conservatives lost 13 seats. Theresa May’s power thus decreased and she has become heavily reliant Point 3: Cabinet approves decisions and the importance of keeping the support of cabinet is key. Evidence: However, the need to keep cabinet remains a highly important issue that Presidents do not encounter as much. The Cabinet, as seen with May’s Brexit deal, take votes on the most important of decisions and thus the PM must retain the support of cabinet. The cabinet were Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics on the DUP, which was shown in January’s no-confidence vote in which the DUP essentially had a veto over whether Parliament had confidence in the PM or not. Thus, May has now become entirely dependent on the DUP to uphold Conservative will in Parliament. allegedly extremely divided regarding May’s deal and resignations from Dominic Raab and Esther McVey have been extremely detrimental to her reputation. Furthermore, Thatcher was essentially ousted by her cabinet due to her inability to control it. Point 4: ERG have also undermined both Cameron and May. Evidence: May has also been severely undermined by her own party as well as losing her majority in the DUP. In December, ERG members called a vote of no confidence within the Conservatives. While May was able to win, the ERG leader, Jacob Rees-Mogg called for her to step down. The ERG’s rejection of May’s deal contributed to the rejection by 230 votes, the largest ever seen in Parliamentary history. Thus, May’s power as a PM has undoubtedly decreased in the last couple of years. Point 4: Parliamentary majorities means PM’s become like Presidents. Evidence: Blair’s presidentialisation was reinforced by his massive majority in Parliament, which meant that he was essentially able to force through policy regardless of any opposition or what his cabinet believed, in a similar manner that the President can pass various bills and legislation, bypassing the sovereignty of Parliament. Evaluate the extent to which the prime minister’s powers are limited. (30) Point 1: Power limited by Parliament. Evidence: The Hung Parliament as a result of the 2017 general election has significantly limited Theresa May’s powers, and as recently as February 2018 the Conservatives have become a minority even with the DUP after the resignation of 3 Conservative MPs joining The Independent Group. This means it is significantly difficult for the Conservatives to now pass legislation in Parliament, and thus anything proposed by the PM may struggle to get through Parliament. The 2011 fixed term Parliament act also will prevent PM’s from calling general elections at any point during their administration and instead ensuring that Parliament has a fixed term. Evaluate the extent to which prime ministers’ personalities and leadership styles are the main factor in affecting their power. (30) Point 1: Blair charisma and May being robotic. Evidence: An arguable reason as to why Blair was able to achieve the largest parliamentary majority in history was due to his charismatic personality, in which he was presented as a man with ‘middle england’ at heart while being perceived as a leader who would reform the austerity of the Thatcherite period. He had a strong hold of his cabinet who were largely united (though perhaps his rivalry with Gordon Brown led to conflict in the later years of his leadership). May, on the other hand, is generally seen as robotic and unconvincing, with an extremely divided cabinet regarding Brexit, which was seen through the resignation of cabinet ministers such as Dominic Raab and Esther McVey in November 2018. Thatcher also dominated her cabinet yet was eventually overthrown. Point 2: Power limited by party and cabinet. Evidence: May has also struggled to pass policy through her own cabinet, with allegedly large divided in the cabinet regarding her Brexit deal, which was voted through by a small majority. MPs such as Dominic Raab and Esther McVey also resigned in November 2018 due to the Brexit deal and thus the PM’s power is also limited by her need to appease cabinet. Thatcher’s inability to appease cabinet eventually led to her demise and resignation in 1990. Point 3: PM can dominate Parliament. Evidence: However, these limits on power are indeed temporary and can be bypassed. This was largely evidenced by the Blair administration which had such a huge majority (largest in history at 179) that it did not hold the PM accountable or provide any limitations to his power. Thus, Parliament only succeeds in limiting the PM’s power if there is a small Point 2: The media and campaigns. Evidence: Blair managed to get The Sun behind his campaign, which proved key to winning over Conservative working class voters, with The Sun using headlines such as ‘Time for Change’. Similarly, Theresa May’s electoral campaign was fairly monotonous, and the Conservative manifesto was not perceived to be particularly unique. Furthermore, David Cameron’s overwhelming support in the media compared to Ed Miliband was arguably a key for his 12 seat majority victory in 2015. Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics majority or a minority government. May also has the ability to call a snap general election until 2020 where the fixed term Parliaments act is introduced, and thus she can attempt to gain a large majority as she did in 2017. Point 4: PM can dominate cabinet and party. Evidence: While Thatcher was eventually taken down by her cabinet, she ruled as PM with a lack of consideration for her cabinet for many years, thus providing an example of how a PM can avoid power limitations by their own cabinet. Blair was also able to dominated his cabinet and prevent any challenges to leadership despite rivalries with MPs such as Gordon Brown who was the Chancellor. Blair was also able to dominate the party due to his huge electoral mandate and so many Labour MPs being voted on the manifesto that he commanded. Evaluate the extent to which it is true to say that prime ministers are only as powerful as their parties allow them to be. (30) Point 1: Parties voting against legislation can make things much more difficult for PM. Evidence: The ERG largely contributed to the massive rejection (230 votes) that Theresa May experienced in the meaningful vote on her Brexit deal in January 2019 and the difficulty that May has had in appeasing them has been one of the key flaws of her Brexit deal being able to get through Parliament. The power of the ERG has highlighted the severe limitations on the power of the PM. Additionally, the ERG also abstained from voting for Theresa May’s Brexit strategy, which was defeated without their votes. Point 2: Parties can call a vote of no confidence in the PM. Evidence: The faction of the ERG also showed some of their power in successfully calling a vote of no confidence in the PM within the Conservative party in December 2018 as Rees-Mogg publicly demanded that she ‘resign’ immediately. While May was able to win the vote of no-confidence by 83 votes, it once again proved the limitations on power for a PM by their own party. Point 3: Use of whips. Evidence: However, the PM can make use of a 3-line whip in order to bring their own party Point 3: It is their policy. Evidence: Blair’s policy of constitutional reform in 1997 went down well with Liberal Democrat voters, and thus New Labour were able to absorb a large portion of their vote, with estimates suggesting that this contributed up to 25 seats to Blair’s majority. Thatcher’s policy of lowering the power of trade unions was also popular after the winter of discontent of 1978. Point 4: It is political context. Evidence: After the winter of discontent, it was a foregone conclusion that Thatcher would be able to win the 1979 election. Similarly, Blair was able to win by such a margin due to 18 years worth of Conservatism and low public investment. Additionally, the Conservatives in 2010 were effective in ensuring that voters did not trust Labour to handle the economy, accusing Brown of ‘doubling the national debt’ and associating Labour policies with the impact of the 2008 global financial crisis, leading to their victory and thus coalition with the Liberal Democrats. Evaluate the extent to which coalition government affects the power of the prime minister. (30) Point 1: Holds back PM policy - ‘The Quad’. Evidence: During the coalition from 2010-2015, the ‘Quad’ consisting of Cameron, Clegg, Osborne and Alexander met frequently in order to resolve various disputes and come to agreement between the coalition partners. Such resolutions ensured that the Liberal Democrats voted through various Conservative manifesto policies, most notably raising tuition fees by up to £6000. A breakdown of a working relationship could lead to the loss of a majority in Parliament. Point 2: Cabinet must be coalition too. Evidence: The cabinet must include members from the coalition, such as Liberal Democrat MP Danny Alexander as Chief secretary to the Treasury. Support from the cabinet is key for implementing policy, and resignations can be hugely damaging to the image and power of the PM. Point 3: The Prime Minister can still push through their own policy. Evidence: The PM sets the agenda of cabinet, allowing them to ignore prominent issues regardless of the coalition, and Harold Wilson ignored the growing issue of the devaluation of the pound, despite cabinet ministers desiring to do so. Most ministers are Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics onside, making use of both threats and incentives to various MPs to follow the policy of the PM. The use of a 3-line whip by the PM was seen when Tory MPs were ordered to vote against Windrush transparency in May 2018 which defeated the Labour motion in the Commons. Point 4: Majority in Parliament. Evidence: If a PM has a huge majority in Parliament, it is difficult for various factions in the party to rise up against them. This was seen in the Blair era, in which further left-wing groups in the party failed to seriously mobilise as Blair’s majority was too strong with too many loyal supporters. If the PM has a majority that is strong enough, worrying about their own party is often not a concern. However, Thatcher ignored various factions within her own cabinet which led to her resignation in 1990. unable to challenge the power of the PM, with Nick Clegg unable to hold the Conservative government accountable for raising tuition fees despite promising to vote against it, showing the overruling power of the PM. Point 4: The PM still has the largest amount of power. Evidence: Disputes are often resolved outside the cabinet, such as the 2011 clash between Energy secretary Chris Huhne and Business secretary Vince Cable on the carbon emissions targets. The media also focus on the PM as an individual, rather than as part of a collective coalition government. Chapter 4: Relations Between Institutions Evaluate the view that judges should not exercise control over the government (30) Point 1: They should not as they are an unelected and undemocratic body. Evidence: Judges are unelected and instead appointed, for example the UK Supreme Court appoints judges if they are suitable for the job and have at least 15 years experience as a lawyer. The Supreme Court upheld a ruling in the favour of Gina Miller in regard to the government needing a meaningful vote to pass through Parliament in January 2017. Brexit voters were absolutely outraged by the decision, yet this shows how the judiciary was used to uphold, rather than undermine democracy by exercising control over the government. Point 2: They also should not as they are not legally allowed to do so and unrepresentative. Evidence: In an interview, Lady Hale argued for greater diversity of background within the Supreme Court, pointing out that of 13 justices sworn in since her own appointment, all were men, all were white and all but two were educated at independent schools with all but two attending Oxford and Cambridge universities. The courts can also only decide whether the government or Parliament have gone ‘ultra vires’ (beyond one’s powers) and can make legal recommendations to legislation but cannot fully reject it if passed through Parliament. Evaluate the extent to which the UK judiciary is an effective defender of civil liberties. (30) Point 1: Parliament can subvert civil liberties. Evidence: Blair’s administration was able to implement the Regulation of Investigatory Powers Act (RIPA 2000) in order to give intelligence agencies the power to more effectively counter-terrorism. In November 2017, The UK's Court of Appeal ruled that the body that oversees the nation's intelligence agencies cannot be held subject to a judicial review under active laws. As Parliament is sovereign and the judiciary has no veto over certain laws, it means that violations of privacy can happen. Point 2: The case of Private Jason Smith, the right of sex offenders to appeal against registration for life. Evidence: Private Jason Smith died of heatstroke in Iraq in 2003, and his family brought a case against the ministry of Defence in 2010, the Supreme Court held that the jurisdiction of the Human Rights Act did not extend to troops in combat situations on a vote by six to three. Furthermore, also in 2010 the government believed that serious sex offenders should have to register with the police for life, yet the Supreme Court ruled that this breached their human rights and that sex offenders had the right to appeal after 15 years. Thus, it is questionable whether the Court is successful in upholding civil liberties and whether it is doing it for the right people. Point 3: The UK judiciary has also upheld democracy. Evidence: In 2017, the Supreme Court upheld a ruling in the favour of Gina Miller, meaning that Theresa May Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics Point 3: However, they should be able to as they are an expert body. Evidence: Appointments of judges being extremely selective, as the justice will have served as a senior judge for at least two years, and been a qualified lawyer for at least 15 years with the justice secretary then confirms or rejects the person put forward, where it is then confirmed by the Prime Minister and the Monarch. Their decision to uphold Gina Miller’s argument that the UK government must seek a vote on their Brexit deal in Parliament proves that they can uphold the democracy in the UK and prevent the government from having too much power. Point 4: They also prevent any infringement on the rights of the people. Evidence: Supreme Court having the power of judicial review, where one of their most important roles is to interpret the 1998 Human Rights Act, with any infringements on the act resulting in a “declaration of incompatibility”, with parliament modifying the law to bring it in line with the convention, examining the public bodies to investigate whether they have acted ultra vires (“beyond one's powers”), with examples being the Al Rawi Case and secret hearings, where the Supreme Court said the government had breached the principles of a fair trial. Evaluate the extent to which the Human Rights Act has changed the relationship between the UK government and the judiciary. (30) Point 1: Judiciary holds UK government accountable. Evidence: Rather than the judiciary acting out the will of the government and their legislation, the Human Rights Act has helped to separate the bodies of power. The judiciary now holds the government accountable by scrutinising their actions and legislation and deciding whether it works within the framework of the Human Rights Act. For example, in the 2011 Al Rawi case, the Supreme Court ruled that the British government could not have secret trials in which the evidence was not presented to all sides, as it damaged the fundamental principle of a free trial. The supreme court, however, took the side of the government in the 2010 case of Private Jason Smith, who died due to heatstroke in Iraq. The court ruled that the Act did not apply to soldiers in conflict. needed a mandate in order to push through her Brexit policy. While some Brexit voters were outraged, it showed the Supreme Court upholding democracy and the sovereignty of Parliament, rather than merely allowing May to push an unpopular deal through Parliament, which she later failed to do. Point 4: Judicial neutrality. Evidence: The UK judiciary is also neutral, as Judges salaries are paid from an independent budget known as the Consolidated Fund, while the Judicial Appointments Commission are free from political intervention and transparent in procedure. The Supreme Court also upheld the right to a free trial in 2011 in the case of Al Rawi, as former inmates argued that they had been sent to Guantanamo and that the British security services had contributed to their maltreatment. The government argued that in the interest of national security, evidence must be presented in secret, yet the court ruled that this violated a free trial in which each side is able to see the evidence put forward. Evaluate the extent to which the arguments in favour of a British ‘Bill of Rights’ outweigh the arguments against it. (30) Point 1: British identity. Evidence: A Bill of Rights would enable citizens to feel more control over legislation. Many Brexit voters felt they had lost control due to law being dictated down to them by the European Courts, as seen with the Factortame case. Britain having control over its own Bill of Rights would help to deliver on the Brexit vote of 2016 and perhaps make the population feel more control over their own laws. It would allow Parliament to work with a set of British rules when setting British legislation. Point 2: British law. Evidence: A Bill of Rights would also make law more applicable to British standards, rather than the more global or continental laws of the UN or the EU. A Bill of Rights would be directly voted on by Parliament itself and thus directly represent the people of Britain, rather than values across the entire world. Furthermore, the Human Rights Act has also defended the wrong people. In 2010 Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics Point 2: The government can force through legislation to end the jurisdiction of Human Rights Act as Parliament is sovereign. Evidence: Government, however, remains elected compared to a judiciary which is appointed. Government, through Parliament, has the legitimacy to revoke the Human Rights Act and instead replace it with a British Bill of Rights, and thus while the judiciary has achieved more power, Parliament remains sovereign and can repeal the Human Rights Act, which some Conservatives in particular have suggested would be a good idea. Point 3: Only judicial review can be used, as Parliament is sovereign it means that legalities still cannot be imposed on legislation they decide to pass. Evidence: After terrorist attacks such as the 7/7 bombings, control orders were put in place (despite adverse rulings by judges) that allowed the government to survey suspected terrorists through electronic tagging, banning of phones and a requirement to report to the police. Judges can only judge whether ministers have gone ‘ultra vires’ or beyond one’s powers, yet their advice has no legal control, as seen with the control orders put forward by the government in order to prevent terrorism. Evaluate the extent to which devolution in the UK has been a success. (30) Point 1: Certain areas within England feel that devolution has failed them. Evidence: There are areas within England that have high amounts of regional identity, such as Yorkshire and Cornwall. In a study carried out by ‘The Question’, it found that 72/100 people in Yorkshire and 76/100 people in Cornwall believed that more devolution to regional bodies was necessary. The fact that local communities often feel a lack of control over their local bodies suggests that further devolution, within England is necessary. However, this demand is not present across the entirety of the UK, as shown by the referendum in 2004 under the Blair government proposing a new regional financial assembly only to be rejected by a resounding 78% in the North-East. Point 2: Many people in Scotland also feel they need more devolved power. Evidence: The Scottish national party is by far the most popular party within Scotland and the Point 3: Government becomes too powerful. Evidence: A Bill of Rights, however, would be less successful in holding the government accountable. The Human Rights Act and other legislation from IGOs has successfully held the government to account. For example, in the 2011 Al Rawi case in which the Supreme Court ruled that the British secret services had violated the fundamental principle of a free trial by presenting evidence in secret before sending people to Guantanamo bay. Furthermore, also in 2010 the government believed that serious sex offenders should have to register with the police for life, yet the Supreme Court ruled that this breached their human rights and that sex offenders had the right to appeal after 15 years. Thus, it is questionable whether the Court is successful in upholding civil liberties and whether it is doing it for the right people. Point 4: Government loses international ratings. Evidence: While the British would be well within their rights to create their own Bill of Rights, the reaction this may have from the international community is questionable. Indeed, as a UN Security Council permanent member, for the UK to move away from the jurisdiction of the Human Rights Act would perhaps remove the international kudos that comes with following international law. Evaluate the extent to which the UK has remained an ‘awkward partner’ within the European Union. (30) Point 1: The UK has not signed up to Schengen or the Eurozone. Evidence: The UK deviates from the general membership of the EU by excluding itself from the Schengen area, whereas 22 of the 28 member states are indeed part of Schengen. Britain has stated that their position is different due to the fact that they are largely an island, and thus Britain has deviated from the general membership of the EU. Point 2: The UK has had various complaints about the EU courts and impact their policy has on the country. Britain has also shown frequent desire to have a particular deal on the free movement of people enabled by the single market, which Cameron sought out to negotiate before the 2016 EU referendum. They have also shown disdain for fishing laws placed on them by the common agricultural policy, which has allowed Spanish fishing companies such as Factortame to fish in British waters, which has been highly unpopular especially in areas such as Cornwall, which was decided in EU courts by 2000. Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics demand for further devolution is particularly high after the result of the 2016 EU referendum, with many arguing that Scotland should not be forcefully taken out of the EU due to the decisions made elsewhere in the UK. Many have argued that Scotland should have the power to be able to refuse the Trident Nuclear defense weapons system being located on the coast of Scotland. Point 3: Devolution has ensured that Scotland remained part of the UK. Evidence: However, the majority of people in Scotland voted to remain in the UK in 2014 at 55%, showing that further devolution did indeed satisfy the majority of the Scottish public. Their government is able to successfully have its own education system as well as law (such as drink driving alcohol limits), policing and also some aspects of transport. Devolution to other countries in the UK such as Wales has also given reassurances about national identity and culture, as well as the Northern Irish Assembly also having power over economic development etc. Thus, the reassurances that devolution provide in this sense enables the UK to remain together. Point 3: However, it is not unusual for countries in the EU to be apart from Schengen and the Eurozone. Evidence: 19/28 member states of the EU are also part of the Eurozone whereas Britain is again exempt and retains its own currency. This is, however, not that unusual as other member states such as Sweden, Poland, Romania and Croatia are also not part of the Eurozone. However, Britain is far larger than these states, and perhaps its partnership with the EU being ‘awkward’ is shown by the two most similar in size states, France and Germany, are indeed part of the Eurozone. However, it is not unusual for states to not be a part of the Schengen area, as Ireland are also not part of Schengen as well as Bulgaria, Romania and Bulgaria. Therefore, while Britain is in the minority, there are still 5 other states that are not part of Schengen and 9 other states not part of the Eurozone. Point 4: The UK has also acted in a similar manner to the majority of EU members by joining NATO. Evidence: The EU is a typical member of the EU as seen through its close relationship with NATO, as 23 out of 28 member states of the EU are also member states of NATO. The UK has an especially close with relationship with NATO as it contributes the full 2% GDP requirement, joining just 5 other member states in doing so. Additionally, the UK is Point 4: Devolved powers have introduced progressive and also a typical member state of the EU in the sense that it successful policy. Evidence: Mayors have now been has been part of the Single Market since its formation as established across metropolitan areas such as London and well as joining the EEC in 1973 with Ireland and Manchester, and have established progressive policies. An Denmark, and thus has been a member of the European example of this is the London congestion charge, originally since its formation. introduced by Ken Livingstone in 2003, it has since been developed by other Mayors of London in order to prevent traffic jams and pollution. Sadiq Khan is seeking to build on this by establishing an ‘ultra low emission zone’ from October 2021 which will cost £12.50 and encourage electric cars. Thus, devolution has also helped metropolitan areas develop and have more control over local policy. Evaluate the extent to which the UK Parliament is sovereign. (30) Point 1: The uncodified form of the constitution allows fast and simple changes to law through Parliament. Evidence: After the Dunblane primary school massacre in 1996, changes were quickly made in the constitution to gun laws, as the Conservative government legislated the banning of high calibre handguns in 1997, and after Labour came into power in May they extended the ban to 22. Calibre Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics handguns. This overall resulted in 700,000 tonnes of ammunition and over 160,000 firearms being surrendered. Point 2: Parliament also holds sole sovereignty due to its democratic legitimacy. Evidence: ALL MP’s are elected through the FPTP system with the candidate who gains the most votes securing a seat in Parliament. This form of representative democracy is held with the judicial challenge to sovereignty, as judges are unelected and thus do not have authority over Parliament. Point 3: Parliament arguably does not hold sole sovereignty due to the increasing use of judicial review. Evidence: Judicial review has risen from around 4240 in 2000 to 15,600 in 2013, with significant challenges to government policy such as Gina Millar’s challenge to Brexit, where Parliament were ordered to secure a Parliamentary mandate before going ahead with their deal. However, this also shows that the law actually reinforces the sovereignty of Parliament. Although, Parliament can still be challenged by EU law on human rights, as seen by Supreme Court ruling that sex offenders should not have to register for life with the police, and could appeal against registration after 15 years. Point 4: Parliament also does not retain sole sovereignty due to Parliamentary Government. Evidence: Pressure Groups are able to lobby the government, who employ over 4000 people to deal with lobbying and spending £2 billion on it a year. Policy to favour these companies can then be passed through Parliament through the introduction of a 3 line whip, forcing MPs to vote in line with their party instead of the interests of their constituents, which thus undermines Parliamentary Sovereignty. This is emphasised by the fact that the Prime Minister and her Cabinet also all have seats that they must represent, and can thus vote through their own policy. PART 2: ANARCHISM To what extent do individualist and collectivist anarchists agree over the economy? (24) Point 1: Anarchists are not in agreement over the economy due to disputes regarding as Egoists and Anarcho-Capitalists believe in competitive free market To what extent do individualist and collectivist anarchists agree about human nature? (24) Point 1: Anarcho capitalists believe that human nature is self-serving. Evidence: Anarcho-capitalists such as Robert Nozick and Murray Rothbard believe that humans Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics forces. Evidence: Anarcho-Capitalists such as Murray Rothbard advocate free markets, in which individuals are free to succeed or fail. They believe that the market is an essential form of humanity and allows individuals and companies to pursue their own objectives. Point 2: Egoistic anarchists also believe in private property. Egoists, in particular, believe that the constant state of competition will create a dynamic tension, resulting in economic harmony. Stirner suggested that humans are only concerned with what is theirs, and thus individuals are entitled to everything in the world. Point 3: This differs to collectivist mutualists such as Proudhon and Goldman. Evidence: While Proudhon recognises the importance and necessity of possessions, he believes that ‘property is theft’, with Proudhon and Goldman arguing that goods should be exchanged on the basis of the value of labour put into making the, rather than their market value. Kropotkin and Proudhon agree that there must be an absence of exploitation, which is made absent by cooperation and private property being abolished. Point 4: Anarcho-Communists believe that private property leads to exploitation and the economy should be equal. Evidence: Bakunin advocated no private property and total economic equality, with a system of federations trading with each other on mutually negotiated terms, based on the labour value of goods instead of market value. Kropotkin agreed, suggesting that communities should trade with each other on mutually beneficial terms in his work ‘Fields, factories and workshops’, with the creation of small communities. To what extent do anarchists agree on the nature of a future anarchist society? (24) Point 1: They do not agree over whether people should have private property. Evidence: Anarcho capitalists such as Murray Rothbard and Egoists such as Max Stirner believe that people should have private property, as they are self-serving individuals, who should be self-sufficient and avoid excessive social interaction. Anarcho-Capitalists do agree with Anarcho-Communists that human interactions should be both peaceful and mutually beneficial to be worth anything. Anarcho-Capitalists such as Robert Nozick believe that human nature and the need to self-serve mean there should be completely free markets with no intervention. Point 2: Similarly, Egoists also believe that human nature is self serving and egoistic. Evidence: Stirner suggested that all people are naturally egoistical, and will serve their own interests. Humans naturally feel a sense of personal entitlement for all the fruits of the earth (this is also his justification for private property) which they should be able to pursue at their own liberty. Point 3: However, mutualists believe that humans should instead work together and cooperate, rather than be individuals. Evidence: Proudhon and Emma Goldman both argued that small collective organisations should operate normally on the basis of similar crafts, with mutualism being based on the idea of ‘brotherhood’ which arises from working together. Thus mutualists believe in the same cooperation than individualist anarchists reject. They are simply similar in the fact they both believe that humans are naturally entitled to certain possessions. Point 4: Furthermore, Anarcho-communists suggests that humans are naturally cooperative, not competitive. Evidence: Kropotkin believed that humans were naturally social, and advocated humans joining voluntary communities. Kropotkin had a theory of mutual aid, in which humankind worked and evolved best in a race of natural survival when cooperating. Bakunin also suggested that federal communities that trade with each other should be formed, again reflecting the anarcho-communist view of human cooperation. To what extent is anarchism more united than divided? (24) Point 1: They are divided due to views on private property. Evidence: Anarcho capitalists such as Murray Rothbard and Egoists such as Max Stirner believe that people should have private property, as they are self Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics are self interested and competitive, with Stirner positing that all humans feel an entitlement to the fruits of the earth. They believe that individuals are allowed to pursue their own goals, with anarcho-capitalists such as Nozick emphasising the importance of free markets. Mutualists such as Proudhon do not believe in markets, and instead suggest that the value of something is judged by the amount of labour put into it, and also suggests that ‘property is theft’. interested and competitive, with Stirner positing that all humans feel an entitlement to the fruits of the earth. They believe that individuals are allowed to pursue their own goals, with anarcho-capitalists such as Nozick emphasising the importance of free markets. Mutualists such as Proudhon do not believe in markets, and instead suggest that the value of something is judged by the amount of labour put into it, and also suggests that ‘property is theft’. Point 2: They do not agree over whether there should be communities or individuals. Evidence: Egoists and individuals believe that while humans are social, they are also individual people who pursue their own interests, which is argue by Stirner. Henry Thoreau points out that humans should only interact with each other when strictly necessary. This differs to collectivists such as Kropotkin and Bakunin, with both suggesting that small communities and federations should be formed, which trade and work with each other in a mutually beneficial manner. Point 2: They are divided due to views on human nature. Evidence: Individualist anarchists such as Henry Thoreau believe that human interactions should be kept to a strict necessity, and that while humans are social, they are also individuals. This is also common among anarcho-capitalists such as Robert Nozick, who reject welfare and believe that humans should be self-serving. Stirner in addition posits that humans simply are concerned with what is theirs, their own egos and needs. This differs to anarcho-communists who believe that humans are cooperative, such as Kropotkin, who suggests in his idea of human aid, that humans win the race of evolution if they work and cooperate together. Mutualist anarchists such as Proudhon and Goldman also believe in cooperation being more successful than competition. Point 3: They do agree that there should not be a state. Evidence: Anarchists such as Emma Goldman suggest that the state is massively oppressive, and uses violence against its citizens to maintain control, with the quote ‘the club, the gun, the prison cell is the essential mechanism of the state and should be overthrown through revolution. Furthermore, anarchists such as Kropotkin believe the state is 1 of 3 pillars that reinforce the exploitation of capitalism. Stirner also posits that ‘there is no one but myself who can decide whether i am right or wrong’ and that the state prevents individuals from pursuing their own liberty. Point 3: They are divided over a future anarchist society. Evidence: Egoists and individuals believe that while humans are social, they are also individual people who pursue their own interests, which is argue by Stirner. Henry Thoreau points out that humans should only interact with each other when strictly necessary. This differs to collectivists such as Kropotkin and Bakunin, with both suggesting that small communities and federations should be formed, which trade and work with each other in a mutually beneficial manner. Point 4: They are united against the state. Evidence: Anarchists such as Emma Goldman suggest that the state is massively oppressive, and uses violence against its citizens to maintain control, with the quote ‘the club, the gun, the prison cell is the essential mechanism of the state and should be overthrown through revolution. Furthermore, anarchists such as Kropotkin believe the Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics state is 1 of 3 pillars that reinforce the exploitation of capitalism. Stirner also posits that ‘there is no one but myself who can decide whether i am right or wrong’ and that the state prevents individuals from pursuing their own liberty. To what extent is anarchism a utopian creed? You must use appropriate thinkers you have studied to support your answer. (24) Point 1: Never been used before on a state level. Evidence: Anarchism has never been used to govern on a state level. There are concerns that Anarchism would not be successful as it is simply unrealistic. Critics, notably fundamentalist socialists, argue that there is no scientific basis for an anarchist utopia, that it is based on unrealisable dreams. Critics have called into question the contrasting ideas surrounding human nature, when comparing ideas of Stirner with other Anarchists such as Kropotkin and their highly contrasting ideas, making them question the rationality of Anarchists. To what extent is anarchism strong on moral principles but weak on political practice? You must use appropriate thinkers you have studied to support your answer. (24) Point 1: Never seen before on state level. Evidence: Anarchism has never been used to govern on a state level. There are concerns that Anarchism would not be successful as it is simply unrealistic. Critics, notably fundamentalist socialists, argue that there is no scientific basis for an anarchist utopia that is based on unrealistic dreams. Critics have called into question the contrasting ideas surrounding human nature, when comparing the ideas of Stirner to other Anarchists such as Kropotkin with their highly contrasting ideas leading to questions regarding the rationality of Anarchists. Point 2: Has been used before. Evidence: The Zapatista movement highlights that Anarchism has indeed been politically present, declaring itself to be in a state of war with Mexico since 1994. They oppose economic globalisation and imperialism, and are thus an example of Anarchist prominence in the modern day. Additionally, during the Spanish revolution of 1936, Anarchists set up communes in Spain, the Fascist coup led by General Franco created a revolution to oppose the coup. However, the Anarchists refused to take control of the government leading to sporadic Anarchist communes, which were crushed by the Fascists. The POUM called for a proper army to be created, yet the Anarchists refused and were destroyed killed commune by commune. Point 3: Has been used before. Evidence: The Zapatista movement highlights that Anarchism has indeed been politically present. They oppose economic globalisation and imperialism, and are thus an example of Anarchist prominence in modern day. The Zapatista movement has also inspired other movements globally. Additionally, during the Spanish revolution of 1936, Anarchists set up communes in Spain, the Fascist coup led by General Franco created a revolution to oppose the coup. Anarchists grew in prominence yet refused to take over the army, leading to sporadic Anarchist communes being set up across Spain. These were gradually crushed by the Fascists after the Trotskyist POUM argued that they should form one collective army, yet the other Anarchists refused to do so and were picked off one by one. Point 3: Criticisms of Anarchism such as the needs for a state. Evidence: Another issue with Anarchism is the idea of foreign interference. Without a global revolution, if an Anarchist state were to be set up, there are concerns surrounding foreign invasion ruining the Anarchist utopia. Neoliberals such as Rand and Nozick have argued that one fundamental necessity of a state is to protect its citizens from foreign invasion. An Anarchist society that Anarchists such as Stirner, Kropotkin, Bakunin or Point 3: Anarcho-Capitalism common in American society. Evidence: Promotion of the idea of completely free market capitalism is prominent in America, and was seen throughout the 1980s in both America and Britain with Reagan and Thatcher’s privatisation programmes and freedoms for companies. Anarcho-Capitalists such as Nozick and Ayn Rand have had their ideas put into mainstream politics, such as lowering taxation and the Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics Proudhon argue for, unless global, would not be able to do this. ‘rolling back of the state’ and stringent government spending, with little spent on welfare in the 1980s. Point 4: Reasons for Anarchism such as freedom. Evidence: However, if the Anarchist view of human nature is accurate, then this could create an ideal society with peace. Kropotkin arguably does have scientific evidence behind his idea of ‘mutual aid’ as he argues that species that have adapted the fastest have made use of community and help in order to achieve survival, and thus calls for humans to do the same in order to develop. They believe that modern societies are corrupted by the state, in a similar way in which revolutionary socialists such as Marx argue that workers have been ‘deformed’ by capitalism. Point 4: Stirner’s ideas are more of a lifestyle. Evidence: While Stirner does incorporate some vision of an Anarchist society, such as arguing for a workers bank in which there is no hierarchy, it is arguable that his work actually reflects more of a lifestyle recommendation than a full-on argument for Anarchism. He called religions and ideologies ‘spooks and ghosts’, meaning they were illusions and distortions of truth, which can arguably be interpreted as Stirner not being committed ot an ideology, and instead recommending an ‘egoistic’ way of life, as he calls for ‘intercourse’ (friendship) between people, with no rules. Many critics suggest that this is unrealistic in terms of political implementation. To what extent can anarchism be described as nothing more than socialism without a state? (24) Point 1: Anarcho-Capitalists fundamentally disagree with socialism. Evidence: Revolutionary socialists argue that capitalism should be abolished as it leaves the worker ‘deformed’ (Marx) while almost all socialists agree that capitalism should be reformed and have investment into equality of opportunity. Anarcho-Capitalists such as Nozick fundamentally disagree with this idea, instead calling for the state to completely withdraw itself from the economy and allow total free markets. To what extent can anarchism be seen as nothing more than an extreme form of liberalism? (24) Point 1: Anarcho-Capitalist are an ultra form of classical liberalism. Evidence: Robert Nozick is in agreement with classical liberals such as Smiles and Spencer, as Ayn Rand similarly calls for the ‘rolling back of the state’ in the same way that classical liberals such as Locke argued for a small state. They similarly disagree with welfare and believe that one’s position in society is entirely down to them. Anarchists also oppose the tyranny of the majority in a similar manner to classical liberals such as J.S. Mill arguing for representative, rather than direct democracy. Point 2: Egoists disagree with socialist principle on human nature. Evidence: Stirner’s view of human nature ois highly individualistic, as he advocates that all individuals pursue their own ‘ego’ and self interest, and that people are entitled to all the fruits of the world. He argued for a ‘union of egoism’ to spread individualism so that the state and religion would be destroyed and replaced. While he similarly argued for revolution, like revolutionary socialists (though also disagreeing with democratic socialists, third-way and social democrats), he did not agree with the socialist view that humans are altruistic and co-operative. He agreed that the worker was repressed by the state in a similar manner to Marx, as they were both taught by Hegel, yet disagreed with the socialist view of human nature. Point 2: Egoists are also extremely liberal. Evidence: Max Stirner’s individualistic view of human nature is also similar to neoliberalism, as he argues that people should be autonomous, and that they are capable of making their own decisions, and that they are entitled to all the fruits of the earth. Similarly, Ayn Rand also argues that the state should not infringe on individuals negative liberties such as drug taking or abortion, or their economic liberty, also believing in ‘objectivism’ in which people are autonomous, rational and individualistic. Stirner, however, argued that workers should find their own identity in a capitalist society. Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Stuvia.co.uk - The Marketplace for Revision Notes & Study Guides Harrison Sylvester Politics Point 3: Mutualists believe in socialist principles. Evidence: Proudhon has argued that ‘property is theft’ and that the means of production should come into the hands of ordinary workers, much like Marx and democratic socialists (though disagreeing with social democrats and third-way socialists). He and Goldman hold a similar view of ‘fraternity’ in which we regard other humans as siblings rather than as rivals, as they work together in mutualist societies with similar jobs. Proudhon’s theories are often considered ot be a form of decentralised socialism without a state. Point 4: Anarcho-Communists are socialists. Evidence: Kropotkin and Bakunin were largely in agreement with Marx, as they both advocated the eventual abolition of the state and a turn toward people living in communes. Kropotkin’s idea of ‘mutual aid’ is based off the fundamental socialist principle of cooperation and altruism, while they all seek to abolish private property in the same manner as Marx. Point 3: Mutualists believe in some form of regulation. Evidence: Proudhon argues that ‘property is theft’ which is not entirely similar to any form of Liberalism, which seeks to preserve private property, especially classical liberalism. Goldman also developed the concept of mutual love to replace capitalism, which is once again dissimilar to liberalism, with modern liberals arguing for capitalism to be reformed, rather than abolished. Goldman was also a feminist, yet strongly disagreed with the likes of Betty Friedan - Goldman argued that women would only be emancipated when the state was abolished while Friedan did not see the state as the principle vehicle of the patriarchy, instead looking at dominant social and cultural values. Point 4: Anarcho-Communists believe in total equality. Evidence: Both Bakunin and Kropotkin argued that people move into some form of commune, which is once again dissimilar to any form of liberalism. They both believed in total economic equality, which classical liberals are vehemently opposed to. While Kropotkin’s ‘mutual aid’ also agrees with the liberal principle of cooperation, Yet Liberals believe in a limited state compared to Anarchists who argue that under no circumstances are people justified in giving away their personal sovereignty to the power and authority of the state. Downloaded by: qasimkhan050904 | qasimkhan050904@gmail.com Distribution of this document is illegal Powered by TCPDF (www.tcpdf.org)