Sample Answer for Politics evidence bank: Paper 2

The Constitution

Sources of the Constitution

• SCCLAT: Statute law, Common law, Convention, Landmark decisions, Authoritative Works, Treaties.
• Easy way to remember:
  • SCCREW: Statute law, Common law, Conventions, Royal prerogative, External constitutional agreements/treaties, Works of authority (e.g., A.V. Dicey).

Development and Changes to the Constitution

• 1215 Magna Carta: Guaranteed certain basic rights including that citizens shouldn't be imprisoned without a trial.
• 1689 Bill of Rights: Established constitutional monarchy in the UK.
• 1701 Act of Settlement: Outlined succession to the throne.
• 1707 Acts of Union: Created Great Britain by formally joining Scotland to England and Wales.
• 1911 Parliament Act
• 1928 Representation of the People Act: Women's voting rights.
• 1949 Parliament Act (re-written)
• 1972 The European Communities Act
• 1998 Devolution
• 1998 Human Rights Act
• 1999 Abolition of all but 92 hereditary peers
• 2005 Creation of UK Supreme Court
• 2010 Equality Act
• 2010 Constitutional Reform Act: Elected chairs of committees.
• 2011 Fixed Term Parliament Act (Repealed & replaced with the Dissolution and Calling of Parliament Act 2022, hence Sunak was able to call an election before the Conservative's full 5-year term).
• 2014 Wales Act
• 2015 Recall of MPs Act
• 2015-2021 EVEL (English Votes for English Laws)
• 2016 Scotland Act
• 2019 Johnson's failed attempt to prorogue Parliament
• 2020 UK left the EU (officially)

Devolution

• The UK constitution remains unitary despite devolution: Quasi federalism?
• The Scotland Act 1998 was used in 2023 to block the Gender Recognition Act passed in the Scottish Parliament.
• In 2016, Manchester was granted the power to control its own budget for health and social care.
• A proposal to establish an assembly in North East England was defeated by a 78% 'no' vote in a 2004 referendum.

Spending per head in England is lower than any other region in the UK:

REGION	SPEND PER HEAD (2022-2023)
SCOTLAND	£14,456
NORTHERN IRELAND	£14,453
WALES	£13,967
ENGLAND	£12,227

• Good Friday Agreement in 1998 and the Northern Ireland Act 1998 successfully ended The Troubles (1968-1998).
• Local government decides to gain devolved power or not: Local Government Act 2000 gives local government the power to hold a devolution referendum to decide if a devolved power is needed.
• Northern Ireland Assembly still dominated by Westminster: dissolved on multiple occasions, e.g., 2002-2007, 2022-2024.
• Breaking down of the Bute House agreement in Scotland, 2024.
• Different sets of electoral systems used: Scotland, Wales, and Greater London Authority = AMS; Northern Ireland = STV; mayoral elections (until 2021) = SV.
• The turnout of mayoral elections is low, showing that people are not bothered to have a mayor in their local area (low public support and legitimacy):
  • London: 2024 - 40.5%; 2021 - 42.2%; 2016 - 45.3%; 2012 - 38.1%
  • Manchester: 2024 - 32%; 2021 - 34.7%; 2017 - 28.9%
  • West Midlands: 2024 - 29.8%; 2021 - 31.2%; 2017 - 26.7%
• EVEL (2015-2021) - West Lothian questions only asked and answered by English MPs, while questions about devolved areas should only include decision-making in groups of Scotland, Wales, and Northern Ireland MPs.
• However, this was repealed because MPs of constituencies near the boundaries complained about the unfairness while discussing issues in devolved bodies.

Debates on Reform

• Boris Johnson's repeal of the Fixed-term Parliaments Act 2011 to the Dissolution and Calling of Parliament Act 2022 has seen the return to the convention of PMs choosing when to call general elections. Choosing when to call a general election has now become a political decision, in which the government wants to choose a time which will ensure the most votes for them. Rishi Sunak called an election for 4th July because the Conservatives lowered inflation, hence they are capitalising on this economic change.
• In April 2024, the human rights charity Amnesty International accused the UK parliament of "deliberately destabilising" human rights through the Safety of Rwanda 2024, the Public Order Act 2023 (right to protest), and Sunak's plans to criminalise rough sleepers.
• Lord Clarke warned that the Safety of Rwanda Bill would move the UK towards an 'elective dictatorship'. After the Supreme Court ruled that the Rwanda scheme was unlawful as Rwanda was an unsafe country, the government simply passed a bill to state that Rwanda is a safe country, and so went ahead with the plan.
• During the COVID-19 pandemic, whilst it could be argued that Prime Minister Boris Johnson curtailed individual rights through the Coronavirus Act 2020 which gave 'emergency powers' to the government. Our freedom of assembly and freedom of movement was curtailed by lockdown restrictions (Article 5 provides the freedom of liberty and security which was thus eroded). However, this was necessary to stop the spread of the pandemic.
• Partygate exposed the abuse of power by the former PM and his cabinet during lockdown, showing that the function of government is not transparent to be scrutinised by the people.
• However, the liaison committee later grilled Johnson about Partygate and held him accountable for his misconduct and misleading Parliament during the investigation, showing that the government is checked by Parliament, which is more powerful in balancing the power to prevent ultra vires.
• In 2005, the European Court of Human Rights ruled that the UK was in breach of the ECHR due to it not letting prisoners vote. In 2018, the UK government proposed administrative changes which would allow prisoners released on temporary licence to vote. In December 2017, the Council of Europe welcomed the proposals, agreeing to them as an acceptable compromise.
• Constitutional Reform Act 2005 established the UK Supreme Court by separating the judiciary from the Law Lords in the House of Lords to maintain judicial independence and judicial neutrality.
• However, the Supreme Court is relatively weak and not powerful enough to hold other branches accountable due to parliamentary sovereignty and the uncodified and unentrenched constitution which has no legal power to force other branches to obey the rulings.
• The 2017 Burns report called for a reduction in the size of the House of Lords, and term limits for members, suggesting that the HOL is still in need of constitutional reform.

Examples of the HOL being unrepresentative of the general UK public:

• The average age of Lords is 71.

• 70% of Lords received private education.

• Only 28% are women.

• Only 2.6% are BME.

• Freedom of Information Act 2000 enabled the public to check official documents disclosed by public bodies for public interest, e.g., the MP's Expenses scandal 2009 was exposed with the assistance of FOIA 2000.

• However, only the government can define what is "public interest," and most of the details and information are blacked out (censored).

• Wright Committee (Reform of House of Commons Committee) reported in 2009 and the coalition government adopted changes in 2010 by regulating:

  • Numbers and size of committees (limited to maximum. 11 members).
  • Ensure the chairperson is elected through a secret ballot by alternative vote.
  • Creation of Backbench Business Committee.
  • E-petition system.

• Recall for MPs Act 2015 extends powers to the public (electorates) to decide if their MPs should step down (10% of registered voters signed the petition to trigger a by-election), e.g., Fiona Onasanya (Peterborough) due to custodial sentencing. This maintains the legitimacy of representative democracy through a pathway of direct democracy.

Parliament

Structure and Role of Commons and Lords

Representation:

• 225 MPs (34%) are women in the House of Commons; 222 peers (28%) in the House of Lords. In the UK general population, this is 51% (2021 census).
• 10% of MPs in the House of Commons are of BAME background; 6% of peers in the House of Lords. In the UK general population, it is 18% (2021 census).
• 56 MPs (9%) are LGBTQ* in the House of Commons. UK general population 3.2% (2021 census, although the number is likely to be higher because the question in the census was voluntary).
• Only 2% of MPs are aged under 30, while 52% are over 50.
• 23% of MPs went to Oxford or Cambridge.
• 29% of MPs were privately educated; 41% in the Conservative Party and 14% in the Labour party.
• 85% of MPs have a degree (went to university). Yet, only 33% of the population in England have a Level 4 qualification (Official Statistics, 2021).

Comparative Powers of Commons and Lords

• Parliament Acts can be used by the House of Commons to resolve disagreements between the houses and push legislation past the House of Lords. Blair used this 3 times during his premiership, with the most recent being a ban on hunting with dogs in 2004 (Hunting Act 2004).
• The Safety of Rwanda Bill went through the process of parliamentary ping-pong in 2024: the HOL met twice to consider outstanding issues on the bill that were rejected by the HOC.

The Legislative Process

Whips:

• If MPs ignore a three-line whip, they can be removed from the parliamentary party as a sanction (Boris Johnson did this to 21 Conservative MPs who opposed his EU withdrawal Bill in 2019). Included senior MPs like Ken Clarke, Rory Stewart, David Gauke, and former Chancellor Phillip Hammond.
• However, MPs can rebel against the party whip, and even occasionally go as far as to resign from the party. For example, protracted debates on a third runway for Heathrow led to resignations. In 2016, Zac Goldsmith resigned as a Conservative MP over the issue, and in 2018, Greg Hands resigned from the government. The Brexit debates resulted in eight MPs resigning from the Labour Party, and three from the Conservative Party. They formed a new party, the Independent Group for Change.
• Free vote allowed over the smoking ban.
• Whip scandals: Chris Pincher (Deputy Chief Whip) sexual misconduct (last straw of Johnson years), Gavin Williamson as Chief Whip found by independent inquiry to have been bullying (forced to apologise).

Private Members' Bills:

• From 2016-17, 25 out of 28 government bills that were introduced managed to gain royal assent, however, only 8 out of 163 PMBs succeeded in the same way.
• Discussing proposed government bills takes up over 1/3 of the Commons time in any parliamentary session. The discussion of PMBs takes up less than 5% of the time.
• Wendy Chamberlain (Liberal Democrat): Carer's Leave Act (2023): provides employment rights for those who juggle unpaid caring responsibilities with paid employment.
• Wera Hobhouse (Liberal Democrat): Worker Protection Act (2023): prevent sexual harassment in the workplace and drive a culture change (substantially watered down by Lords to avoid exposing employers to costly lawsuits).
• PMBs introduced by backbenchers are only likely to pass if they come from the ruling party. For example, during the coalition government, 41 out of 42 PMBs passed were from either the Conservatives or Lib Dems.
• Benn and Cooper-Letwin Acts, regarding Brexit, voted against government wishes (emergency debate, not PMB).
• 1967 Abortion Act: Introduced by a Liberal MP David Steel during Harold Wilson's government, passed as the government was supportive.

Prime Minister and Cabinet

The Structure, Role, and Powers of the Executive

Ministerial Responsibility

Individual and Collective Ministerial Responsibility:

• Individual Ministerial Responsibility: Each minister is accountable for the actions and performance of their own department as well as their personal life, and if they fail to do so, they should take responsibility and resign.
• Collective Ministerial Responsibility: A constitutional convention whereby ministers should maintain a united front for the party until decisions have been reached. All ministers are jointly responsible for government policies and decisions; if they disagree, they must resign.

Examples:

• In July 2022, Conservative whip Chris Pincher was threatened with suspension after drunkenly groping two men in the Charlton Club. He resigned from his government post, prompting the Tamworth by-election. Arguably, Boris Johnson backing his close ally hastened his own resignation as prime minister.
• In October 2022, former Home Secretary Suella Braverman resigned after sharing secure information from a private email.
• In November 2022, former whip and Secretary (during COVID) Williamson resigned over bullying allegations.
• Amber Rudd resigned as Home Secretary after she misled the Home Affairs Select Committee over her department's targets for deporting illegal immigrants in 2018.
• Liam Fox resigned as Defence Secretary after he brought a close friend along to 18 foreign business trips despite him having no official role.

Collective Ministerial Responsibility:

Significance:

• David Davis resignation in 2018: In July 2018, David Davis resigned as Secretary of State for Exiting the European Union as May's decision to pursue closer ties with the EU was a "step too far," and his role should be filled by someone who was enthusiastic and not just a "reluctant conscript."
• Robin Cook resignation in 2003: From Tony Blair's government over its preparations against war in Iraq, as he was unconvinced Saddam Hussein was a threat to UK national interest.
• Paul Bristow October 2023: Sacked from a government position after calling for a ceasefire in Gaza, breaking collective ministerial responsibility.
• 13 Govt ministers defied collective ministerial responsibility by disobeying their whips when debating a motion to reject a deal of a no-deal Brexit.

Insignificance:

• Theresa May - when Boris Johnson was foreign secretary in her government, he consistently leaked dissatisfaction with government policy. He also wrote critical weekly articles but due to his popularity within the Conservative Party, especially amongst the Brexiteers, she wasn't able to sack him.

Prime Minister and Cabinet

The Power of the Prime Minister and Cabinet

Patronage:

• Example: Boris Johnson appointed Dominic Cummings as Chief Advisor in July 2019 due to the same view on the EU (VoteLeave campaign); Margaret Thatcher appointed the 'dry' Tories because of the difference in political views between the 'wet' and 'dry'; Blair appointed Brown as the Chancellor due to a consensus on policies and power exchange (Blair did not want to step down in 2005 though, he eventually stepped down as PM anyway).

Reshuffle the Cabinet:

• Example: Rishi Sunak reshuffled the cabinet in November 2023 and sacked former Home Secretary Suella Braverman, who was replaced by James Cleverley, and Lord Cameron entered the cabinet to become the Foreign Secretary. Reasons for reshuffle were thought to be Suella Braverman's Times article criticising the police conduct favouring protestors, and the dichotomic view on the Rwanda scheme between Sunak and Braverman. Also theorised to be a strategic preemptive move by Rishi, anticipating the SC ruling on the Rwanda scheme.
• Prime Minister may not always use the entire cabinet, e.g., Blair & sofa cabinet.

Examples that the PM doesn't dominate the cabinet:

Rishi Sunak backtracks plan to restrict graduate visas after cabinet opposition from James Cleverly, Jeremy Hunt, Gillian Keegan, and David Cameron.

Boris Johnson and COVID-19 Restrictions

During Boris Johnson's tenure as Prime Minister, the government faced significant internal disagreements over COVID-19 restrictions. In December 2021, when the Omicron variant was spreading rapidly, Johnson proposed stricter measures, such as mandatory COVID passes for large events and encouragement to work from home. However, a substantial number of his own Conservative MPs, including Cabinet members, expressed strong opposition.

• Cabinet Dissent: Key figures in his Cabinet, such as then-Chancellor Rishi Sunak and Foreign Secretary Liz Truss, were reported to have reservations about further restrictions, emphasizing the need to balance public health with economic impacts and personal freedoms. This internal opposition constrained Johnson's ability to push through more stringent measures.

• Parliamentary Rebellion: The proposals faced significant backlash from Conservative MPs, leading to a rebellion where around 100 Conservative MPs voted against the introduction of mandatory COVID passes. This was one of the largest rebellions Johnson faced, highlighting the limits of his control over the party and Cabinet.

Boris Johnson and Partygate Scandal (2022)

The "Partygate" scandal, where it was revealed that government officials, including Prime Minister Boris Johnson, had violated lockdown rules by attending parties during the COVID-19 pandemic, led to significant dissent within Johnson's party.

• Cabinet and Party Rebellion: As investigations unfolded, several members of Johnson's own Cabinet distanced themselves from the Prime Minister, publicly criticizing his behaviour. Chancellor Rishi Sunak and Health Secretary Sajid Javid were among the key figures to resign in July 2022, citing a loss of confidence in Johnson's leadership.

• Pressure to Resign: These resignations were followed by an avalanche of criticism from Conservative MPs, resulting in more than 50 government resignations within a few days. This wave of dissent forced Johnson to announce his resignation as Conservative leader, showing that even a Prime Minister with a strong electoral mandate can lose control when faced with internal opposition from the Cabinet and party.

The Powers of the Prime Minister and the Cabinet to Dictate Events and Determine Policy

Case Studies:

Liz Truss and the Mini-Budget Crisis (2022)

Liz Truss's short tenure as Prime Minister saw significant rebellion from within her party and Cabinet over economic policy.

• Mini-Budget Backlash: Truss and her Chancellor, Kwasi Kwarteng, introduced a "mini-budget" in September 2022 that proposed significant tax cuts, primarily for the wealthy, without clear plans for funding. The market reaction was overwhelmingly negative, with the British pound plummeting and causing turmoil in the financial markets.

• Cabinet and Party Dissent: Members of Truss's own Cabinet and the broader Conservative Party publicly criticized the budget. Key figures, such as the Home Secretary and other senior members, expressed concern over the lack of consultation and the economic fallout. This internal opposition forced Truss to perform a series of U-turns on her budget proposals.

• Chancellor's Dismissal: Under pressure from both the markets and her Cabinet, Truss sacked Kwasi Kwarteng and replaced him with Jeremy Hunt, who reversed most of the proposed tax cuts. Despite these efforts, the lack of support from her own Cabinet and party hastened her resignation, just six weeks after becoming Prime Minister.

Theresa May and Brexit

• Cabinet Divisions: May faced significant challenges in getting her Brexit deal through Parliament. Her Cabinet was deeply divided between those favouring a softer Brexit and those advocating for a harder stance. Prominent Cabinet members like Boris Johnson (Foreign Secretary) and David Davis (Brexit Secretary) resigned over disagreements with her approach to Brexit, demonstrating their independence from the Prime Minister's stance.

• Parliamentary Defeats: May suffered multiple defeats in Parliament over her proposed Brexit deal, despite it being the centrepiece of her policy. The lack of Cabinet unity and support from her own party members in Parliament made it difficult for her to dictate events and policy.

Tony Blair and the Iraq War (2003)

• Issue: While Tony Blair secured Cabinet support for the Iraq War, there were significant divisions within the government, Labour Party, and broader public.

• Resignation of Robin Cook: Robin Cook, the then Leader of the House of Commons, resigned from the Cabinet in protest against the decision to go to war without a clear UN mandate. His resignation speech highlighted the lack of consensus and the internal dissent within the government.

• Cabinet Concerns: Several Cabinet members privately expressed concerns about the justification for war and its potential fallout. Blair's decision to proceed despite these concerns led to long-term political consequences and a loss of trust in his leadership within the party

Parliament

Structure and Role of Commons and Lords

Gender Representation

• Women MPs: A record 263 women were elected, making up 40% of the total 650 Members of Parliament (MPs). This is the highest proportion of female MPs ever, up from 34% in 2019. The majority of these women represent the Labour Party, with 190 female Labour MPs, followed by 32 Liberal Democrats and 29 Conservatives. This continued the trend of increasing female representation in the UK Parliament.

Ethnic Diversity

• Ethnic Minority MPs: A record number of 87 MPs from ethnic minority backgrounds were elected in 2024, which is an increase from 66 in 2019. This means that about one in seven MPs is now from an ethnic minority background. The Labour Party has the highest number of ethnic minority MPs with 67, followed by the Conservatives with 14, and the Liberal Democrats with three. This milestone is considered significant for representation in the House of Commons.

Other Demographic Information

• Educational Background: The new Parliament is more socio-economically diverse than previous ones. Around 90% of MPs are university graduates, compared to just 20% of the adult population. Over a quarter of MPs went to Oxford or Cambridge.

Comparative Powers of Commons and Lords

• Parliament Acts can be used by the House of Commons to resolve disagreements between the houses and push legislation past the House of Lords. Blair used this 3 times during his premiership, with the most recent being a ban on hunting with dogs in 2004 (Hunting Act 2004).
• The Safety of Rwanda Bill went through the process of parliamentary ping-pong in 2024: the HOL met twice to consider outstanding issues on the bill that were rejected by the HOC.

The Legislative Process

Whips:

• If MPs ignore a three-line whip, they can be removed from the parliamentary party as a sanction (Boris Johnson did this to 21 Conservative MPs who opposed his EU withdrawal Bill in 2019). Included senior MPs like Ken Clarke, Rory Stewart, David Gauke, and former Chancellor Phillip Hammond.
• However, MPs can rebel against the party whip, and even occasionally go as far as to resign from the party. For example, protracted debates on a third runway for Heathrow led to resignations. In 2016, Zac Goldsmith resigned as a Conservative MP over the issue, and in 2018, Greg Hands resigned from the government. The Brexit debates resulted in eight MPs resigning from the Labour Party, and three from the Conservative Party. They formed a new party, the Independent Group for Change.
• Free vote allowed over the smoking ban.
• Whip scandals: Chris Pincher (Deputy Chief Whip) sexual misconduct (last straw of Johnson years), Gavin Williamson as Chief Whip found by independent inquiry to have been bullying (forced to apologise).

Private Members' Bills:

• From 2016-17, 25 out of 28 government bills that were introduced managed to gain royal assent, however, only 8 out of 163 PMBs succeeded in the same way.
• Discussing proposed government bills takes up over 1/3 of the Commons time in any parliamentary session. The discussion of PMBs takes up less than 5% of the time.
• Wendy Chamberlain (Liberal Democrat): Carer's Leave Act (2023): provides employment rights for those who juggle unpaid caring responsibilities with paid employment.
• Wera Hobhouse (Liberal Democrat): Worker Protection Act (2023): prevent sexual harassment in the workplace and drive a culture change (substantially watered down by Lords to avoid exposing employers to costly lawsuits).
• PMBs introduced by backbenchers are only likely to pass if they come from the ruling party. For example, during the coalition government, 41 out of 42 PMBs passed were from either the Conservatives or Lib Dems.
• Benn and Cooper-Letwin Acts, regarding Brexit, voted against government wishes (emergency debate, not PMB).
• 1967 Abortion Act: Introduced by a Liberal MP David Steel during Harold Wilson's government, passed as the government was supportive.

How Parliament Interacts with the Executive

Backbenchers:

• Theresa May lost 33 times during her premiership; which reflects how issues like Brexit divided her backbenchers.
• 99 Tories rebelled against Covid passports under Johnson; influenced by the Covid Recovery Group.
• The European Research Group (ERG) challenged Theresa May.
• The Dissolution and Calling of Parliament Bill was only allocated two days in the House of Commons.
• The 1922 Committee (led by Graham Brady) was responsible for triggering a leadership contest in 2022, following 55 submitted letters. Just a scheduled meeting with the committee caused Truss to resign.
• One Nation caucus has an estimated membership of 110 Conservative MPs; led by Damien Green.
• In July 1993, backbench revolts meant that John Major was only able to pass the Maastricht Treaty by one vote (the foundation treaty of the EU).
• In January 2021, the Covid Recovery Group wrote a letter to PM Boris Johnson stating his "leadership will be on the table" if he did not publish an exit strategy for lockdowns.
• In March 2022, the liaison committee, formed by all the chairpeople from each committee, grilled Boris Johnson for misleading Parliament in the COVID lockdown and Partygate scandal.
• December 2023, the backbench rebellion defeated the government on compensation for victims of the contaminated blood scandal (22 rebelled).
• 2024, the threat of a rebellion by 40 MPs caused Home Sec Cleverly to reverse plans to further criminalise homelessness.
• 30 backbench rebellion on Rwanda.

Select Committees:

• In 2016, when the Department for Exiting the European Union was established by Theresa May, the chairman, Hilary Benn MP, and the committee had the opportunity to question ministers on the impact of many different scenarios that could take place due to our departure. This helped the government decide what kind of exit would be the most beneficial for the country and also plan for every outcome to ensure whatever happens, there are as few limitations as possible.
• Frank Field was elected to become the head of the Work and Pensions Committee in 2015 and was re-elected in 2017. He has had years of experience, having been a politician since 1979, and had spent much of his career looking at issues concerning welfare and poverty. He was one of the only Labour supporters of Brexit and was well-known for being rather straight-talking. This confrontational nature is helpful, especially when pushing the government for answers and holding them accountable.
• The turnover of members within committees can damage their effectiveness of it. There was an 83% turnover during the 2010-2015 period in the Defence Committee. Replacements for these people might not be as informed or motivated as their predecessors.
• The Exiting the EU committee chaired by Labour's Hilary Benn is testing cross-party cohesion. In May of 2018, Conservative committee members John Whittingdale, Andrea Jenkyns, and Jacob Rees-Mogg publicly criticised the committee for being too pro-remain. According to Jenkyns, only 7 of the 21 committee members voted to leave.
• In 2018, the committee invited Amber Rudd to give evidence for its inquiry into the Windrush Scandal. In her interview, she denied that the Home Office had targets for the deportation of Illegal Immigrants. Leaked emails after this inquiry revealed that there were targets that Rudd was very much aware of. After this, she resigned from her post and took full responsibility.
• Gracie was the editor for BBC China until 2018 when she resigned over gender pay equality. She said that the BBC was working under a "secretive and illegal pay culture." She was interviewed by the committee that month and the inquiry into BBC pay is ongoing. This case stands as an example of the responsiveness of select committees to current issues.
• In June 2023, the Commons Privileges Committee found that PM Boris Johnson knowingly misled Parliament over Partygate; and recommended his suspension. Johnson quickly resigned as MP rather than risk a recall petition. Police investigations and fines over Partygate are ongoing.
• Key PAC investigation: 2015 into the effectiveness of cancer care by the NHS - they were highly critical of variations in cancer treatment in different regions for different age groups. Criticised low cure rates/increasing waiting times. The impact of this publicity caused the government to launch a review into cancer treatment and set up an independent cancer task force to improve the delivery of cancer treatment across the UK by 2020.
• Key DSC report: 2015 Treasury - Proposals for stricter regulation of the banking sector - insisted the government should implement recommendations of the Parliamentary Commission on banking standards. Policy pushed forward into banking regulation.
• 2016: Business innovation and skills - into alleged bad working practices at Sports Direct - the company was forced to pay compensation to its workers for paying below minimum wage (shows DSC working in the interests of the people).

Prime Minister's Questions (PMQs):

• Sir Gerald Kaufman, long-serving MP and ex-minister, said that PMQs had become an "exchange of pointless and useless declamations."
• One of Tony Blair's first acts as prime minister was to replace the two 15-minute sessions with a single 30-minute session on Wednesdays, initially at 3 p.m. but since 2003 at noon.
• 2023: The shadow chancellor Rachel Reeves stated that Jeremy Hunt, the chancellor, has failed with their costs due to Hunt raising taxes in his Autumn statement. Reeves spoke about Hunt's affair to unfreeze thresholds for income tax, and she stated that working people are still worse off. Jeremy Hunt has reduced the rate for employees from 12% to 10%. It means that people will have to pay extra hundreds of pounds which will amount to £27 million. This illustrates that the shadow ministers are able to scrutinise the government in the House of Commons and are allowed to challenge the government and hold them to account for the actions that they take.
• David Cameron's aides were found to be planting questions by sending emails of suggested questions to backbencher Conservative MPs.

No Confidence:

• In January 2019, Theresa May's government faced a vote of no confidence the day after they had suffered the largest-ever government defeat in the House of Commons over their Brexit deal. She survived by a majority of 19.
• In June 2022, a vote of no confidence was held by Conservative MPs against Boris Johnson. Johnson won the vote with the support of 211 Conservative MPs, 58.8% of the total. Out of 359 Conservative MPs, 148 (41.2%) voted against him.
• 1979: James Callaghan lost a vote of no confidence triggering a general election as a result.

Parliamentary Scandals:

Sex Scandals:

• In 2017, there were several Westminster sex scandals. Michael Fallon resigned on the 1st of November 2017 because his behaviour towards women had "fallen short" previously. He told the BBC: "The culture has changed over the years. What might have been acceptable 10, 15 years ago is clearly not acceptable now."
• Stephen Crabb, the former Secretary of State for Work and Pensions, was reported by The Daily Telegraph (28 October 2017) to have sent sexually suggestive text messages to a young woman he had interviewed for a position in his parliamentary office.
• Mark Garnier, the Parliamentary Under Secretary of State for International Trade, admitted to calling his assistant Caroline Edmondson by an inappropriate nickname and asking her to purchase sex toys for his wife and a constituent.
• Kelvin Hopkins (Labour MP) was suspended by his party on 2 November 2017 following a report in The Daily Telegraph of sexual harassment allegations.
• Clive Lewis (Labour MP) was accused of groping a woman at a party conference.
• In June 2022 Neil Parish MP was caught watching "tractor porn" in the House of Commons.
• In April 2024, William Wragg MP stood down after he leaked personal phone numbers of a number of MPs on Grindr.
• Mark Menzies (Conservative) was under scrutiny for purportedly engaging in questionable financial activities to settle a distressing situation.
• After allegedly groping two men while he was drunk, Chris Pincher resigned as Deputy Chief Whip on 30 June 2022 and had the Conservative whip removed.

Discrimination:

Antisemitism in the Labour Party:

• In 2010, Labour MP Martin Lindon said, "There are long tentacles of Israel in this country who are funding election campaigns and putting money into the British political system for their own ends."
• In April 2016, it was revealed that Labour MP Naz Shah, during the 2014 Israel-Gaza Genocide, had shared an image of Israel's geographic outline superimposed on a map of the US under the headline "Solution for Israel-Palestine conflict-relocate Israel into the United States," with the comment "problem solved." She was suspended for 3 months by Corbyn, which exacerbated tensions.
• The antisemitism (anti-Zionism) row has continued in Labour, even leading to resignations from the party by MPs and Peers.
• Former Labour leader Jeremy Corbyn was even suspended from the party in October 2019, for his failure to deal satisfactorily with the issue. Corbyn has been readmitted to the Labour Party but has not yet been given back the Labour whip - has decided to run as an independent candidate for Islington North for the upcoming election.
• Currently, the Labour Party under Keir Starmer is trying to distance itself from past antisemitism claims. Some 41 of Labour's 197 sitting MPs have accepted money from the Israel lobby, Declassified has found. The value of the donations amounts to over £280,000, with Israel lobby groups paying for Labour MPs to visit Israel on over 50 occasions since 1999.

Other Scandals:

• In 2021, the Conservative Health Secretary, Matt Hancock, was found to have broken COVID restrictions by "kissing" someone who was not part of their social bubble. Later the Health Secretary resigned.
• The 2009 MP Expenses Scandal caused a huge backlash in MPs across Parliament, 6 ministers stepped down, 3 Labour backbenchers resigned, 3 Labour MPs were imprisoned, and all Conservative MPs related to the scandal announced retirement or stepping down in the next general election; 2 peers were also imprisoned.

Lords and Peerages:

• Lord Dannatt (crossbencher): Before chief of staff (UK's most senior soldier), lends huge knowledge of military matters to the House of Lords. In 2015/2016, campaigned for UK ground troops to be redeployed to Iraq to fight against ISIS.
• Baroness Owen (Conservatives): Appointed by Johnson at the age of 29, she was the special advisor who served Johnson and Truss during their terms as PM.
• Lord Cameron (Conservatives): The former PM is elevated by Sunak and enters the cabinet as Foreign Secretary in 2023.

Prime Minister and Cabinet

The Structure, Role, and Powers of the Executive

Ministerial Responsibility

Individual Ministerial Responsibility:

• In July 2022, Conservative whip Chris Pincher was threatened with suspension after drunkenly groping two men in the Charlton Club. He resigned from his government post, prompting the Tamworth by-election. Arguably, Boris Johnson backing of his close ally hastened his own resignation as prime minister.
• In October 2022, former Home Secretary Suella Braverman resigned after sharing secure information from a private email.
• In November 2022, former whip and Secretary (during COVID) Williamson resigned over bullying allegations.
• Amber Rudd resigned as Home Secretary after she misled the Home Affairs Select Committee over her department's targets for deporting illegal immigrants in 2018.
• Liam Fox resigned as Defence Secretary after he brought a close friend along to 18 foreign business trips despite him having no official role.

Collective Ministerial Responsibility:

Significance:

• David Davis resignation in 2018: In July 2018, David Davis resigned as Secretary of State for Exiting the European Union as May's decision to pursue closer ties with the EU was a "step too far," and his role should be filled by someone who was enthusiastic and not just a "reluctant conscript."
• Robin Cook's resignation in 2003: Tony Blair's government over its preparations against war in Iraq, as he was unconvinced Saddam Hussein was a threat to UK national interest.
• Paul Bristow October 2023: Sacked from a government position after calling for a ceasefire in Gaza, breaking collective ministerial responsibility.
• 13 Government ministers defied collective ministerial responsibility by disobeying their whips when debating a motion to reject a deal of a no-deal Brexit.

Insignificance:

• Theresa May - when Boris Johnson was foreign secretary in her government, he consistently leaked dissatisfaction with government policy. He also wrote critical weekly articles but due to his popularity within the Conservative Party, especially amongst the Brexiteers, she wasn't able to sack him.

Relations Between the Branches

The Supreme Court and Its Interactions with, and Influence Over, the Legislative and Policy-Making Processes

Supreme Court:

• In 2005, Parliament passed the Constitutional Reform Act, which was designed to improve and guarantee the independence of the UK judiciary.
• The Supreme Court argued that the government didn't follow proper procedure during Brexit, as removal from the EU meant changes in the law, which the government lacks the power to do. The Supreme Court said an Act of Parliament needed to be passed - Article 50. Additionally, this led to criticisms over people arguing the Supreme Court is too 'pro-remain.' However, in the end, Parliament quickly passed the law.
• Judicial Review Act 2022: Makes it harder for people to challenge the government in court. It ends so-called 'cart' judicial review to 'minimise delays' in immigration, asylum, and other cases that have already been refused permission to appeal by judges; an immigration tribunal can no longer seek a judicial review if it rejects an asylum application.
• 2,400 judicial reviews in 2022. Decreased since 2010. 2013 - 15,000 judicial reviews.
• 2016 Miller Case: Gina Miller on Article 50 for leaving the EU, reinforced parliamentary sovereignty through unanimous agreement that Parliament consent was needed to leave the EU. This led to questions about judicial bias.
• 2019 Miller Case: Unlawful proroguing of Parliament by Boris Johnson blocked by the Supreme Court, confirming again Parliamentary Sovereignty.

Devolution

• Scotland: Scrapped tuition fees in 2008, going against the Higher Education Act 2003 passed in the Westminster Parliament.
• In 2023, the government threatened to withhold funding from South Cambridgeshire Council after it trialled a 4-day working week.
• In 2022 the second Independence Referendum was stuck down by the Supreme Court.
• Scotland's Gender Recognition Reform Bill (2022) was vetoed by the government under Section 35 in January 2023, not the Supreme Court.

The Aims, Role, and Impact of the European Union (EU) on the UK Government

The Factortame case

Background

The Factortame case originated in the late 1980s when a group of Spanish fishermen, operating under the name Factortame Ltd, challenged the UK government's Merchant Shipping Act 1988. This Act required ships fishing in British waters to be majority British-owned and registered. The Spanish fishermen argued that the Act was discriminatory and contrary to EU law, specifically the principle of freedom of establishment and the right to provide services.

Key Statistics on the UK's Relationship with the EU

Trade with the EU

• Exports and Imports: In 2023, the European Union accounted for 42% of the UK's exports and 52% of its imports. This included 49% of the UK's goods exports and 55% of its goods imports. The EU remains the UK's largest trading partner, despite the impact of Brexit and other global factors such as the COVID-19 pandemic and the Ukraine conflict.

Cost of EU Membership

• Net Contribution: Before Brexit, the UK's net contribution to the EU budget was around £7-7.5 billion per year between 2016 and 2019, considering the funds received directly by UK organizations from the EU. In 2018, the UK's gross contribution (before the rebate) was about £17 billion, with the rebate reducing it to £13 billion. EU spending on the UK was around £4 billion, making the net contribution approximately £9 billion.

UK Citizens Living in the EU

• As of the latest data, around 1.3 million UK citizens were living in EU countries. This figure includes retirees, students, and workers, reflecting the significant movement of people facilitated by EU membership before Brexit.

Economic Impact and Business

• Jobs and Investment: It is estimated that over three million jobs in the UK were linked to exports to the EU before Brexit. The EU has also been a major source of Foreign Direct Investment (FDI) into the UK, with EU countries accounting for £496 billion of the stock of inward FDI in 2014, which was 48% of the total at that time.

• Single Market Benefits: The Centre for European Reform estimated that EU membership boosted the UK's trade in goods with the EU by 55% in 2019.
• Brexit Economic Impact: The UK Office for Budget Responsibility (OBR) projected a 4% reduction in long-term GDP due to Brexit.
• Legal Sovereignty: The European Union (Withdrawal) Act 2018 repealed the European Communities Act 1972, ending the supremacy of EU law in the UK.
• Devolution Issues: The Northern Ireland Protocol, part of the Brexit Withdrawal Agreement, illustrates the complexities of post-Brexit governance and the impact on devolved nations

The Location of Sovereignty in the UK Political System

If the Parliament is Sovereign:

• Devolution is asymmetrical and gives Parliament the ultimate right to veto.
• Quasi-federal power decentralised since 1997 during Blair's era (from manifesto).
• The Supreme Court denied the decision of a second Scottish Independence Referendum in 2022 as the Westminster Parliament is sovereign.
• 2023 Gender Recognition Reform Bill struck down by the Westminster Parliament: Stephen Flynn MP (SNP Westminster Leader) - This is "collateral damage" to Scotland's democracy.
• Devolution control was repatriated back from Northern Ireland to Westminster Parliament during Stormont's suspension (2022-24).
• Technically, Parliament can retrieve power from devolved bodies and scrap parliaments and local assemblies (Devolution is not entrenched).
• The Supreme Court can only interpret laws instead of making laws (as indirect laws) because of judicial independence (not exerting influence over legislation as they have moral authority and would face public pressure) - rulings are based on statute laws (uncodified constitution).
• The Supreme Court could not stop the legislation of the Rwanda Plan despite several amendments to the bill having been made based on the rulings of the Supreme Court.
• The Supreme Court has judicial power to prevent the executive from being ultra vires - the Supreme Court rejected prorogation in 2019 proposed by Johnson to prevent constitutional chaos in legislation.

If the Parliament is not Sovereign/Parliamentary Sovereignty is Dispersed:

Example: Devolution Acts (the Scotland Act 1998, 2016 (power to adjust tax); the Northern Ireland Act 1998; the Government of Wales Act 1998, 2006 (promoted to Senedd); the Wales Act 2017) -> all Acts had a legitimate foundation from referendums:

• 1997 the Scottish Devolution referendum (75:25);
• 1997 Welsh devolution referendum (51:49);
• 2011 Welsh devolution referendum (law-making power) (60:40).

Therefore: if Westminster would like to reverse devolution, it definitely will cause political suicide and lose public support, which challenges the government's status quo.

• Increase in use of ECHR (European Convention of Human Rights) and the legally binding version - Human Rights Act 1998 -> can question if Acts are constitutional.
• Judicial independence in the origin of power: detached from Law Lords sitting in the House of Lords by constitutional reform (Constitutional Reform Act 2005) -> checks without influence in legislature.
• Example: Terrorist-Asset-Freezing Act 2010 (DNA recognition violated human rights: presumption of innocence, demonstrated protection of freedom); Civil Partnership Act 2019: allowing heterosexual couples to register civil partnership -> oblige to make law amendments.

• Parliament should respect the results produced by electorates.
• The increase in use of referendum demonstrates that representative democracy is in decline: MPs and their constituents hold different views on issues (unrepresentative), e.g., EU referendum: 52% vote Leave while most MPs prefer to remain in 2016.

• Referendum results act as advisory information for Parliament. Due to a lack of a codified constitution, referendum results are not legally binding, and statute laws can ignore the results and legislate against the public will in representative democracy.
• Example: The Supreme Court does not back Holyrood and the Scottish people will start a second Scottish Independence Referendum because the devolved power originates from Westminster (aligns with Parliament).

Is There Any Evidence of Judicial Neutrality/Independence Being Broken or Becoming Worse?

• Decline in importance of the Kilmuir Rules (1950s), which prevented the Judiciary from engaging with the media.
  • Broken numerous times around Brexit.
• Lack of social diversity - all but one are Oxbridge educated, no BAME, all come from relatively similar backgrounds.
• Right-wing critics say that it has an inbuilt liberal bias, especially after the Miller cases in 2017 and 2019, where it ruled against the government.
• Media has undermined neutrality - judges faced extreme scrutiny from the press during the 2017 Miller case - the Daily Mail found that 6 justices had personal relationships with people who had been openly supportive of the EU, and 5 had expressed sympathetic views towards the EU.
• Politicians have attempted to politicise the judiciary - Johnson, after the 2019 Miller case, announced the creation of the Constitution, Democracy, and Rights Commission to look into reforming the SC and the judiciary. One proposal that was floated was that each justice should be confirmed by Parliament, like in the US where SC judges are nominated by the President and confirmed by the Senate.
• Growing willingness of ministers criticising the courts whilst the SC is taking an increasingly judicially active role - Priti Patel called the judges 'lefty-lawyers' and 'do-gooders.' Dominic Cummings said that he wants to "get the judges sorted."
• Johnson threatened "consequences" after the SC forced him to reopen Parliament in 2019.
• Growing attack by the media - in 2016, the Daily Mail's front-page story called the 3 judges "enemies of the people."

Neutrality and Independence is Maintained

• Judges have substantial legal training and have had long careers as barristers or judges whereby they have practised neutrality - they sign up for judicial neutrality when they become justices - they cannot make decisions without foundation in the rule of law, they've had years of legal reasoning and precedent.
• Justices have to recuse themselves if any conflict of interest arises within a case, like if a family member or acquaintance is involved - this protects judicial neutrality.
• Peer Reviews protect neutrality: When a case concerns aspects covered by the ECHR, decisions may be referred to the ECourtHR for review + as the SC has no higher court to answer for in the UK, cases are often heard by at least 5 other judges, which means that no single personal preference is likely to influence the final decisions, as it has to be fully explained to other members.
• CRA 2005 greatly improved independence - separated the judicial and legislative branches by removing law lords and separated the 3 branches by reducing the role of the Lord Chancellor.
• The JAC weakened the government's influence over appointments, gave judges the final say on 97% of appointments to the lower courts.
• SC is increasingly likely to challenge the government: 2012,

• SC is immune from outside interference: Contempt of Court Act bans the media from publishing information that could prejudice active court proceedings, protecting independence - in 2012, the Daily Mail and the Daily Mirror were fined £10,000 and had to pay a further £25,000 in costs for breaking contempt of court rules.
• Security of tenure: Judges cannot be removed from office based on decisions they make, only if they're found to be corrupt can they be removed, but this hasn't happened yet.
• Sub Judice: Any servant of the government cannot interfere with proceedings or even comment on a case in public, as it is considered contempt of court.
• Judicial pay: Senior Salaries Review body decided salary of judges - salaries cannot be cut, and there are strict rules on what expenses can be claimed - ensures no political manipulation of their pay - They cannot be threatened with loss of income if politicians are unhappy with their choices - also cannot be bribed by politicians.
• SC practises judicial restraint (Nicklinson case in 2014, assisted death) whilst ministers are committed in public to protecting the independence of the judiciary.