Revision:Politics of the UKTSR Wiki > Study Help > Subjects and Revision > Revision Notes > Politics > Politics of the UK
Political Parties
Functions
- Formation of a government and opposition
- Government is one of largest majority – doctrine of mandate
- Opposition is only way of organised opposition
- Large majorities may make opposition ineffective
- Hung Parliament
- Participation
- Elections, canvassing etc.
- Poor turnout / decrease in membership / PG’s now?
- Political Recruitment
- Voting for party not candidate – good or bad?
- Representation
- Represent societies interests and opinions
- Candidates are ‘safe’, party support/seats is not in balance
- Channels of communication
- The supporters and the leaders – usually through whips
- Accountability
- Can clearly see who is in charge and reward them or kick them out
- Easier to do this if they are in parties rather than individuals
- Leads to MPs becoming very cohesive in voting
Conservative Party
- William Hague won leadership to take the Conservative Party into the 2001 election
- Originally adopted ‘compassionate conservatism’ – this was shelved in 1999
- Moved back into ‘Thatcherite’ conservatism – Europe, Asylum, Taxation.
- Policies for the 2001 campaign;
- £8billion tax cuts (How to pay? – slimming down of govt.)
- Cut petrol tax
- Match Labours spending on education/health
- Tough on Crime
- Tough on Asylum
- Cutting of red-tape for businesses
- Opposing the Euro, RRF and CAP. Renegotiating the Treaty of Nice
- Duncan Smith unveiled new policies for radical public service reform
- ‘Better Schools’ passport – giving parents the choice
- Abolition of university tuition fees (Cut Places?)
- ‘Patients Passport’ - claim 60% of cost of operations
- Restoration of pension-average earnings link
- 40000 more police and sheriffs!
- Policies contradict reducing state provision but increase state size!
- Continuation of hard-line Asylum policies
- Tax cuts are also planned
- Move toward more socially-inclusive liberal attitude
- Still refuse to all adoption for single/gay parents.
The Conservative party is in a problem – they have some calling for a return to the traditional Conservative values – however this has not helped them win an election. Yet, they still ignore the ‘mods’ that want a socially inclusive party committed to public service investment.
Structure and Organisation
- The Conservative party is a ‘top-down’ organisation in which a lot of power is concentrated in the hands of the leader
- Until 1997 the Conservative Party had no official constitution
- The party look toward the leader for unity and election success – Leadership orientated
- They are ruthless at removing leaders who may be an electoral liability
- I.e. Thatcher removed without ever having lost an election
Power of Leader
- Make any front-bench appointment they wish
- No need to work with or even have a deputy leader
- Sole responsibility to form the manifesto
- Appoint party chairman
Selection of Leader
- Resignation or vote of no confidence by at least 15% of MPs
- MPs then vote, leader wins if he gets 50%+1 of the vote – cannot be challenged for 1 year
- If not, leader must resign
- Candidates can then put their name forward to be the next leader
- If 2 candidates emerge – grass roots vote
- If more than 2, MPs dwindle it down to 2 (least number of votes eliminated) then grassroots.
- Democratic System
- Balances the demands of democracy with guidance from party managers
- Grass roots out of touch (selected a ‘right-wing’ unelectable leader)
- A leader can be selected who doesn’t carry support of MPs
- Ordinary members only get choice of 2 – Not democratic
- Leader with grass roots support can be deposed (Inconsistent?)
IDS Deposed
- Lost 90 to 75
- Failure to look like PM in waiting
- Flat lining of Conservative popularity
- Sidelining of any modernisation attempt
- ‘Betsey Gate’ affair
Constituency Associations
- Organisational Unit at local level
- Help select candidates of local/national elections
- Fund-raising (picnics etc.)
- Campaigning for the Party (posters, canvassing, leaflets)
- Membership down from 3million to 300k in 2002
- Less than 5000 Young Conservatives
- Inactive/elderly members, moribund associations in marginal seats
Selection of Parliamentary Candidates
- Approved list from CCO – (Ethics Committee, Lord Archer?)
- Approved candidates can apply to individual constituency parties
- Local party ‘elites’ decide which applicants to put forward to a general meeting
- Party wants wider set of MPs, didn’t happen in 2001 (93 candidates only women)
- Constituency Profiling
Conference
- Stage managed affair to demonstrate loyalty/support
- Announce new policies (2003 conf.)
- ‘Mood’ is a form of communication to leaders (IDS deposed shortly after 2003)
- Regional/Sectional ones have a bigger policy influence much more frank/open
CCO Responsible for finances, approved list, coordination at election time, bridge between PCP/NPCP. Criticised in recent years for being undemocratic and wasteful.
Hague’s changes to the structure of the party
- Wanted to offer members the chance to shape policy and be involved
- Looked toward Blair and OMOV culture
- The Fresh Future was a package of party reforms based on 6 principles
- UNITY
- DECENTRALISATION
- DEMOCRACY
- INVOLVEMENT
- INTERGRITY
- OPENNESS
- 96% of members supporter the proposals.
- Ordinary members asked views on policy
- Leadership Ballot
- Policy on Europe
- Conservative Manifesto
- Was this a waste of time to appear unified – a front of involvement?
- Grass-roots involved in selection of leader
- Written constitution introduced
- National Membership Scheme (National Board and database of members)
- Policy Forum for grass-roots
- Tax incentives for married couples amended through this
- Policy Changes less hard right-wing
- Ethics Board
- More open party funding
- Conservative Youth scheme
Labour Party
- ‘Third Way’ – communitarianism, stakeholding, Christian socialism
- Blair moved Labour into an electoral position attracting middle England under a ‘big tent’
- Labour abandoned traditional tax and spend policies
- Clause IV dropped (nationalism)
- Labour won with huge majorities in 1997/2001
- Old Labour – Keynesian, employment, redistribution, public ownership, trade unions
- New Labour – Wide appeal, market economy, reduce welfare depend, const. Reform
Manifesto 2001
- No income tax rise
- More teachers/doctors/nurses – public services working with private sectory
- £180bil investment in transport
- Tax/Benefits system merge
- Tough on Crime, Tough on the causes of Crime
- Referendum of the Euro
- Lords Reform
Labour Party Leadership
- Traditional View
- Democratic and obedient to NEC/Conference/Unions/PLP
- Modern View
- Leadership pays little attention to NEC/Conf./Unions
- Militant left purged from party
- Leader takes much more control over MPs and local parties
- Greater party discipline
- Control freak? Blair over Wales
- Blair plays a central role in manifesto
Powers
- PLP forms Shadow Cabinet (must be kept for 1st year of govt.)
- Leader is main spokesperson
- Often ignore NEC
- Have a big say in manifesto
- Blair – skilled leaders have significant power
- Deputy is always elected by party
Leadership Selection
- 12.5% in case of vacancy and 20% if someone in power
- PLP (MPs/MEPs) – 1/3 , TU – 1/3 , CLP – 1/3
- One Member One Vote OMOV
- The winning candidate must secure 50% of the vote, AV SYSTEM USED
CLP
- CLP have a number of branches
- Trade Unions, socialist societies and cooperative societies may affiliate to a CLP
- The CLP is administrated by its general management committee
Functions
- Campaigning
- Sending delegates to annual conference
- Selecting parliamentary candidate / councillors
Selection of Candidates
- Approved list is kept by central office, by candidates not required to be on it.
- Use to have all woman shortlists – struck down by judicial review
- Every shortlist must have one woman
- At least ½ of seats where MPs retire must be filled by a woman
- Selected candidate can be regarded as unsuitable under procedural irregularity
- Liz Davies – Leeds 1995 (too left wing)
- Leadership can disbanded local party
- Doncaster claimed they were not fit to choose.
- MPs persuaded to stand down and then leadership imposes candidate (too close to decide)
- Shaun Woodward – St. Helens
Membership
- Declining membership until 1994
- Membership rose to 420,000 from 280,000 in 1997
- Has fallen back recently (270,000)
- Membership less politically active / aware
- Much younger membership than Conservatives
- Membership more middle-class
NEC
- Formulator of Policy
- Has…TU reps, leaders etc.
- Determine party policy under guidance of Party Leader
- Writes election manifesto (Blair does it really)
- Guardian of the constitution
- Power to discipline/expel members – Galloway
- Party Finances / Party HQ
Annual Party Conference
- Formal sovereign policy making body – right to determine policy (no longer initiates policy)
- Ordinary members air views / vote on issues / election people to NEC etc.
- Leading members make speeches
- Members meet MPs
- Communication upward and downward in the party
- Conference has lost power
- Leadership controls agenda of conference, those who speak, does not debate issues – unity
- Leadership has been defeated on pensions, PFI and Foundation Hospitals
- Govt. went against the party – however on pensions they did focus on the poorest!
Two Year policy making cycle
- National Policy Forum – Policy commissions make policy proposals
- NEC – Formalises proposals
- Conference – Final approval ‘Rubber Stamp’
Appears all policy is actually made by the executive and approved by them in reality through them appointing their own policy commissions.
Voting System
- Block vote for trade unions removed – OMOV
- 1993 – 70% Unions CLP 30%
- 1995 – 50% for Union
- Current 33% Union, 33% CLP, 33% PLP
Pressure Groups
‘Any organised group which seeks to influence government decisions without attempting to place its members in formal governmental positions’ (Ziegler)
Differences between PG and PP
- PG only want to influence government not become government
- Pressure groups are not primarily political
- Pressure groups (in the main) do not fight elections
- Green Party? UK Independence Party? – Will never gain power only influence
- Campaign to stop Kidderminster Hospital from Closing
- Pressure groups have narrower interest
- Greenpeace? TUC? – TUC invited to talks about public service reform
- Pressure groups do not have to account for funding
- Funding links between TUC/Labour
- Many MPs/Peers/MEPs are members of pressure groups
Sectional / Causal groups
- Sectional
- Common interests of a section of society
- Often restricted membership
- Seek to personally gain from their campaigning (usually economically)
- Tend to represent the majority of a particular section of society
- Causal
- Promote an idea – not of personal benefit to members
- Open membership, seek popular support
- Driven to change initiate change or change society’s attitudes
- Greenpeace, Pro-Life, WWF, LIBERTY
- Differences / Problems
- Sectional better endowed – easier to recruit/raise funds
- Sectional groups better access to govt. – Something to offer
- Causal groups spend more time/energy in political action
- Many groups cut both categories
- Causal may have more funds / more influence
- Terms indicate ideological preference.
Insider / Outsider
- Insider
- Politically legitimate
- Links with institutions of government
- Real political influence
- Operate in the rules of the game
- Mostly Sectional
- Policy Credibility - BMA, NFU, CBI, RSPCA
- Outsider
- Don’t have government recognition
- Mostly excluded from consultation
- Likely to be causal
- Work outside decision-making process
- Reliance on public opinion to gain influence
- Some opposed to political system (Anarchist) Pro-Life, Countryside Alliance
- Differences / Criticism
- Insider have more influence
- Insider usually sectional
- Insiders more constrained in their activities
- Insider status not difficult (200 PG consulted on Motorbikes)
- PG cannot choose which…depends on views/events
- Thresholder Groups
Functions of Pressure Groups
- Promote key issues
- Educate
- Participation between elections (active citizenship)
- Raise no-go issues
- Help redress of grievance
- Minority Representation
- Source of specialist information
- Help to implement changes in public policy
- Decentralisation of power in the political system
- Check and balance
PG Success
Success depends on what you say is success…some success is easier than others to achieve
- Political Compatibility – TUC with Labour, CND with Labour, CBI with Tories
- Financial Wealth - CBI, IOD, Greenpeace (£350,000 on Brent spa)
- Organisation – NFU rep. 85%, Frank Field – strong leader, Good tactics (too many strikes)
- Leverage – Fuel Protesters, BMA, Fire Brigades etc.
- Political Contacts – Insider groups who are in direct contact with the system
- Public Support – Snowdrop, anti-poll tax lobby, govt. wants re-election.
Influence
- Ministers/Civil Servants - CS thought to be better, NUT opposed National Circum tests
- Parliament - Ask questions etc. small majority = better, Wild Animals Protection Bill
- Political Parties – TUC Linked with Lab, Business with Conservatives – eroding?
- EU – Power shift to Brussels, 3000+ PG’s, Friends of the Earth – UK water quality
- Courts – Ultra Vires, defeated twice a day, Prosecution of Refugees + Ghost Ships
- Campaign/Media – visibility, important for outsides, media unpredictable – hard to sustain
- Steven Laurence (MP campaigned…Mail…) Fuel Protests
- Direct Action – MAD, Animal Liberation (Huntingdon), Fuel Protests, Poll Tax
Pressure Groups and Democracy
- Enhance Democracy
- Representation between elections
- Intensity of feeling to be measured (OPOV doesn’t) – Safety Valve
- Pluralism power dispersed downward
- Minority Voice - Tyranny of the Majority
- Moral Issues
- Educate Citizens
- Impede Democracy
- Undemocratically Organised – ‘He who says organisation says oligarchy’
- Non-legitimate power – Trade Unions in 1970’s – ransomed government
- Narrow Membership
- Unequal Distribution of Resources – capitalist system etc.
- Secrecy
- Insider groups thwart majority – Winter of Discontent
- Seek benefit for themselves
- Encourage Unrealistic Expectations
- Direct Action
Intra-Party Democracy
Elitist Parties
- Central Parties have strong influence over candidate selection
- Women/Ethnic Minorities under represented
- Skilful leaders have a lot of power (Blair)
- MPs have greatest say in who leads the parties
- Party conferences stage managed
- Attempt to give a front of consultation but this is not the reality
- Whips
Democratic Parties
- Constituency Parties have a large say – Maastricht Rebels
- Candidates are from a wide range of backgrounds
- Greater input from ordinary members for the leader
- Leaders vulnerable if a electoral liability
- Party conferences offer opportunity for dissent (IDS/Pensions)
- Big Conversation / Policy Forum (Is this a front?)
Declining Party Membership
- Pressure groups
- Sleaze of Politics
- Power moved away from Westminister (EU)
- Disillusionment with Party Policies
- Labour moved toward centre
- Euro-Sceptic tendency of Conservatives
- Impression nothing can be achieved
Funding
- Conservatives – business/private donations (Stuart Wheeler – IDS must be deposed or no money!)
- Labour – Trade Unions (71% in 1988) now only 27%. Now gets more funding from business.
- Labour – Ecclestone Affair, Mittal, Cash for Whigs, Greg Dyke
Neill Report
- No foreign donations
- All donations over £5000 publicly disclosed
- Anonymous donations over £50 banned
- £20million spending cap at general elections
- Tax relief for small donations (up to £500)
- Both sides of referendum to get same amount
- No government literature allowed during a referendum
State Funding
- For
- No buying of influence / Elections won’t be able to be ‘bought’
- Parties are vital for democracy, ought to be funded fairly/ethically (‘ought’ from an ‘is’)
- Parties fight a lot more elections
- ‘Short Money’ already available
- Parties wouldn’t become distracted from main issues
- Allow parties to plan for future, give researchers a long-term job
- Minority Parties / Bring in line with EU
- Against
- How much for each Party? If done by support – no minority breakthrough
- More important spending priorities
- Money does not always buy influence – Labour not with Unions much.
- Parties should seek to re-engage with the public!
- Taxes to radical parties like the BNP?
- Encourages Wasteful expenditure
- Party Activity is voluntary
- Italy had state funding and it increased corruption! Britain is relatively open/clean.
Equal Opportunities
Equality of Opportunity is what the British system strives to achieve.
Gender Equality
- Equal Pay Act of 1970 – ‘equal value’ very vague
- Sex Discrimination Act – ended all discrimination in employment/education/housing
- Equal Opportunities Commission
- Employment Rights Act – woman now get maternity leave and the right to return to their job.
- 26 weeks leave with pay provided 21 days notice given
- Fathers get 2 weeks paid leave
- Standardised retirement age of 65
- Welfare to Work – Single mums back in work
- Child Care provision – Tax credits
- Women Shortlists
- Women get 80% of what men are paid
- Glass ceiling to promotion – only 3% of directors are women
- Women more likely to have part-time jobs
- Women still expected to do domestic tasks
- Women have won equality in the law, but not actual equality of opportunity.
Racial Equality
- Race Relations Act (1965,68,76) outlawed any direct or indirect discrimination
- Commission for racial equality gained more power and more legal power
- Crime and Disorder Bill – Any crime with race element carries harsher sentence
- Race Relations Act (2000) – extends against racial discrimination to public authorities
- No Positive Discrimination
- Still lack equality of opportunity
- Educational disadvantage hinders earning potential
- 64% of the poorest 20% are Pakistani or Bangladeshi
- 250,000 people suffered racial harassment a year.
Disability
- Person who, on account of injury, disease or congenital deformity is substantially handicapped in obtaining or keeping employment (Disabled Persons Act)
- Employers with over 20 people must have 3% quota of registered disabled people
- Best people for the job?
- Poorly enforced
- Patronising
- Chronically Sick and Disabled Persons Act – Local Authorities to see to the needs of.
- Already have hugely stretched finances
- Disability Discrimination Act
- Unlawful to discriminate on grounds of disability.
- Employers of over 20 must accommodate needs of disabled
- Right of Access for disabled into higher education/transport
- Disability Rights Commission
- Won a case against Ryan Air for charging an extra £18 to a disabled passenger to use a wheelchair.
- Cuts in incapacity benefit (fraud)
- Rise in benefit for the seriously disabled
Citizenship
Citizenship is a relationship between the individual and the state in which the two are bound by rights (such as voting/protection of the law) and duties (paying taxes and obeying the law)
Active Citizenship
- Was spawned out of the Conservatives’ experience of 1980’s – rising crime
- The problem was not just governments problem – but the whole community
- Duty to help society
- Active citizenship – voluntary work, neighbourhood watch schemes etc.
- Voluntary sector is alternative to expensive state provision
- Reporting Crime, Jury Service, Voluntary work, Charity work, knowledge of politics, participation in politics (PGs/MPs/CA), PTA, employed, pensions, crime watch.
Advantages/Disadvantages
- Community would benefit, individuals actions would benefit all
- The most need would benefit – keen/efficient etc.
- Enhances democracy due to increased citizen participation
- Less crime, greater security
- Individual freedom infringed – state clamps down on what they don’t like
- Diversity becomes conformity
- Active Citizenship should not be forced…voluntary activity
- Encourages snooping/informing – infringes on privacy.
Citizens Charter
- Improve quality of public services
- Make Answerable to Citizens – Performance targets, Mark Scheme, Redress if failed
- Focus on rights not duties
- Government sets targets not citizens
- Passive view of citizenship
- Not legally enforceable
- ‘Cones Hotline’
New Labour
- Strengthen rights – ECHR, legal aid, Social Chapter, Freedom of information Act.
- Emphasize Duties – Welfare to Work (seek work!), Crime and Disorder Act
- Service First – more ‘bottom-up’ , consult citizens
- New principles of public service delivery
- Mark Scheme more vigorous (Passport agency had theirs removed)
- Active Communities Initiative
- More people involved - £300million budget
- In 5 years most adults spend 2 hours a week on voluntary work
- ‘Grey Army’ – 100,000+ over fifties.
- Mentoring network of expert people.
Education for Citizenship
- Lack of political interest
- Lack of community work
- Anti-social behaviour
Education for Citizenship and the Teaching of Democracy
- Citizenship should be part of circumulum for all school pupils from KS1 (Only KS3)
- 5% of lesson time
- Some aspects through existing lessons, some in citizenship lessons.
- Political Literacy, Community Involvement, Social/Moral Responsibility
For Citizenship Education
- Combat political ignorance (mainly young who don’t vote)
- Society is complex (EU etc.) – citizens need extra guidance
- Cope with anti-social behaviour
- Emphasises Duties/Rights
- Check and Balance on government
- Improve quality of parties/policies
Against Citizenship Education
- Indoctrination of pupils
- Less time spent on proper subjects (Skills shortage is poor already!)
- Not taken seriously by staff or pupils
- Research shows little impact on attitudes
- Authoritarian schools teaching democracy?
- Many are already alienated from the system – those who need won’t benefit
- Its cool to rebel!
Compulsory to be taught from Age of 11 – Primary school encouraged to do citizenship stuff.
Civil Rights / Liberties
- Rights – Natural (Life/Liberty/Property) and Legal (Freedom of speech)
- Negative approach – anything goes unless prevented by law
- Terrorism Acts – 2000/2001
- Detention without trial
- Arrest without warrant
- No Privacy of Internet
- Civil Contingencies Bill 2004
- Draconian Powers in event of emergencies
- Curfews
- No public gatherings
- Take over property
- Evacuate/cordon off areas
Laws and Court etc
Redress of Grievances
Elected MP
- 40,000 letters a week to HoC
- MPs can, directly deal with the problem or pass onto another channel
- Contact the Department
- Letter to minister/civil servant
- Executive Agency (QUANGOS)
- Parliamentary Question (oral or written)
- Debate in Commons
- Councillors / party officials / local business etc.
- Very Busy
- MPs are generalist
- MPs interests vary
- Party Discipline
- MPs often think matters unimportant
Ombudsman
- Investigates mal administration NOT MERITS OF POLICY
- Independent Status
- Investigates – Corruption/Bias/Discrimination/Delay of tax refund etc.
- MUST come through MP
- Only investigate if they think it might be mal administration (20%)
- Call on peoples and papers
- Report to relevant department
- No power to compel to fix problems
- Submit report to HoC select committee
Disadvantages
- Underused (have to go via MP, not well publicised, must be in writing)
- No power to enforce (Channel Tunnel House Prices)
- 80% of complaints rejected
- Most ombudsmen are ex-civil service so have ‘contacts’ in departments
- 70 weeks on average to make a decision
Advantages
- Increase in caseload (2000+ in 2003)
- 93% of cases successful - £450,000 in compensation
- Significant payout in Barlow-Clowes (Investment Company)
- Can reach into any part of the system
- Cheap
- 99% of time recommendations implemented
- Conciliatory not adversarial (like courts)
Courts
- Judicial Review
- Can declare a government action illegal
- Illegality (Beyond the law), Procedural Impropriety (Correct procedures not followed) and unreasonable/irrationality (way the policy applied not rational)
- 4500 cases in 1998
- 2003 – Church of England curate into cleft palate abortion
- Javed v Home Secretary – Send an Asylum seeker back (irrationality)
Problems
- Access to system limited
- Only 20% brought to final hearing
- Only 5% of the 20% bring a result against the public agent
- Unselected judges having power over elected representatives decisions?
- Judges not well trained enough.
Admin Tribunals
- Independent bodies for specific grievances
- 100+ types of tribunal
- Chaired by independent lawyer and two experts
- Establish Facts, apply legal rules to it
- Simple, Cheaper, Speedier, Accessible and More Expert
Problems
- ‘Every appeal is an away game’
- Income Tax tribunal depends on Inland Revenue for Information.
- Differences in Activity
- 100,000 cases heard in some bodies, virtually zero in others
European Court of Justice
- Highest Court in EU
- Override national law
- 400 cases a year
- Discriminatory retirement ages for men/women
- 48 hour max working week
- France/Germany Stability Pact
ECHR
- ECHR incoperated into UK law in 2000
- Designed to protect the human rights of EU citizens and allow a place for them to redress their grievances if these rights are trampled on.
- ECHR outlawed corporal punishment in all state schools
- ECHR ruled Home Secretary had no right to alter the detention term of Bulger Killers
- Deals with only small number of cases
- No legal aid (not now!)
- Long process due to masses of litigation
Bill of Rights
Constitutional Document laying down the legal/natural rights and freedoms of a citizen
For
- Elective Dictatorships mean civil rights are always under threat
- UK has poor record in protecting liberties (Terrorism Acts, football hooligan bill)
- Provides protection to minorities (Tyranny of Majority)
- Educational Value – Rights Culture – respect others rights etc.
- Check and balance
- Works well in America.
Against
- Elective Dictatorships are a myth (tied to public opinion…would not remove rights)
- Bill of rights gives too much power to Judiciary (unelected, unrepresentative)
- Rights of today are the wrongs of tomorrow – guns in US
- No agreement on what rights to include (social rights? Etc.)
- No agreement on what individual rights entail (Right to life. Right to die?)
- Masses of litigation – sue-sue culture
- Confuse rather than clarify (better to take a negative approach)
Incorporation of ECHR into UK Law
ECHR came into UK Law in October 2000. Previously had to go to Strasbourg etc.
- Right to Life, Right to Liberty, Freedom from torture, Freedom of thought…etc.
- Human Rights Act incorporated some but not all into UK Law
- All legislation past, present and future must go in line with ECHR
- All bills declared compatible
- Courts cannot strike down laws that contravene ECHR
- Minister must admit it, and remedy or refuse (Parliamentary Sovereignty)
- Fast-Track system to amend legislation quickly
- Compensation from courts
Radio 1 DJ Sara Cox - £50,000 – Sunday People infringed on right to privacy
Diane Pretty ruled against - no right to assisted suicide
Criticisms
- Role of Judges
- Unelected Body
- Interpret the act – Judges making political decisions
- ‘Fed up of having to deal with a situation where parliament debates the issues and the judges overturn them’ (Blunkett)
- Erosion of Parliamentary Sovereignty
- Structural Constraints of public opinion etc.
- Act not Extensive Enough
- Government can ignore courts
- ECHR not entrenched (Structural Constraints?)
- Withdrew in 2001 from clause that entitled people to a trial
- Considering withdraw from clause 3 (sending refugees back, despite ill treatment)
- Convention 50 Years old
- No specific inclusion of discrimination on basis of sexual orientation/ disability
- No Commission to help assert rights
- Unwelcome effects
- Community Service orders incompatibility
- Freedom of Movement and football hooligans
- Expensive and clogging up courts
In Favour
- Curb on potential executive power abuses
- Redress of grievance more accessible
- Raises Human Rights awareness
- Parliamentary Sovereignty maintained
- Unwarranted fears over passing power to Judiciary – Independent Judges
‘There is an undoubted need for the judiciary to restrain he tendency of politicians to be overwhelmed by either real or public opinion or what the tabloids say is public opinion. One of the reasons they are so virtually irremovable is so they can stand firm and resists pressure’
Comments
These notes are aimed at people studying for OCR A Level Politics, Unit 2 - Politics of the UK.
Originally written by cor on TSR Forums.
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