What is the constitution A set of principles, written or unwritten, that establishes the distribution of power within a political system

, relationships between political institutions the limit of government jurisdiction, the rights of the citizens and the method of amending the constitution itself

The UK constitution
Nature of the constitution (1) Determines how political power should be distributed under a unitary system ultimate power lies with parliament, but the constitution deciphers how the power is distributed between government and parliament and between the HOC and HOL Establish a political process relationships between institutions and the rules that they must work in Limits government power the British constitution makes parliament sovereign and they can act as they please Codification The process of setting out the constitution in an organised way in a single document. i.e. it has a single source. Clear and every citizen has access to it Easier to solve disputes Gives citizens something to identify with. Usually occurs as a result of a revolution, civil war or the creation of a new state.

Nature of the constitution (2) Gives rights to the citizens most countries have a bill of rights which stops the government from breaking basic human rights. Determine nationality establishes who is allowed to be a citizen and how outsiders may become citizens Rules for amending The UK constitution is amended through parliamentary statue and conventions. In Ireland and France they must hold referendums.

Two tier legal system When a country has a codified constitution there are usually two types of laws. Higher laws, who has power rights of citizens; and lower laws administration of the state, criminality, etc. The higher laws are usually entrenched and need referendums two thirds majority etc to be changed but the lower laws are not safeguarded by such procedures and can be changed.

Uncodified constitution Many argue that because the UK constitution is uncodified it does not exist. Parts of it may be written but there is no one single document. It does not have one single source but comes from statute and common law as well as the conventions that have come about over the years. Therefore the UK has a single tier system.

Entrenchment This is what protects the constitution from short term amendment. As constitutional reform makes a massive impact on a countrys political system. It must achieve widespread support of the people and be in the long term interest of the country. For example referendums and parliamentary procedures In the UK it is not possible to entrench principles as parliament is sovereign. Parliament is not bound by its predecessor or successors Arguments suggesting there is no UK constitution It is uncodified not organised into any single document, but is scattered in many different sources and some parts are unwritten. Constitutional statutes do not have more authority than other statutes. There is no basic and higher law. Constitutional laws cannot be entrenched due to parliamentary sovereignty.

Judicial review If a citizen takes the government to court to appeal their rights in the constitution. Senior judges look at the constitution and interpret what it means in todays society, and there ruling in effect becomes part of the constitution. In the UK parliament is sovereign and can pass an act to evade this. An example being the 9 terror suspects held at Belmarsh who appealed habeas corpus and the judges ruled that they were detained illegally but parliament swiftly passed The Terrorism Act 2006 allowing suspects to be held for 28 days Arguments suggesting there is a UK constitution There is a general sense of a constitution. Tradition is a very powerful influence within the UK. Governments are reluctant to infringe independence of the Judiciary, freedom of expression, primacy of the Cabinet etc. The public act as guardians of constitutional principles by voting out governments that have offended against these principles. There are accepted forms of constitutional rules.

Arguments for a uncodified constitution (1) Flexibility the UK constitution is organic and rooted in society so it changes in order to take into account changes in society. Changes to the monarchy and terrorism. Executive power - it is good to have a government that can handle issues easily Traditional conservatism it has worked for so many years why change it now, there have been no significant revolutions or political unrest.

Arguments for a uncodified constitution (2) Difficulty in changing it - it would be immensely difficult to gather the constitution into one document as it stems from so many different sources Much of the important parts of the constitution are already codified - Human Rights Act 1998, The Devolution Acts, and Freedom of Information Act. Most constitutional reforms now have referendums effectively codifying them.

Arguments for a codified constitution Human rights there are no real safe guards for the human rights act 1998 as parliament is sovereign Government is too powerful - reformers argue that the government is not constrained well enough Clarity if people knew what their rights were they would feel less voter apathy and get involved Modernity the UK seems out of touch with the rest of the world and especially the EU. Sources of the UK constitution (1) Parliamentary statues - acts of parliament that have the effect of establishing a principle. Constitutional conventions an unwritten rule that is considered binding in political communities. They cannot be challenged in law but have a moral force that protects them. Salisbury convention. Historical principles principles that have developed over years. Such as sovereignty of parliament and parliamentary government

Unitary and federal constitutions In a unitary constitution sovereignty lies firmly in one place, parliament. And although it may devolve power it still has the power to recall this. In a federal system sovereignty is distributed between central bodies and regional institutions. This usually happens when a number of regional bodies come together and agree to give sovereignty to the central body. But still protect regional differences.

Sources of the UK constitution (2) Common law laws that have been used throughout history such as the PMs prerogative powers that the courts guard. When there is no statute in place these laws are used. Tradition practices and traditions of parliament such as allowing the queen to announce new legislation, i.e. the queens speech.

Main characteristics of the UK constitution Uncodified Not entrenched Constitutional monarchy royal prerogative Sovereignty of parliament parliamentary govt Party government Unitary government

Sovereignty in the UK Legal sovereignty parliament is the legislature and is the only power that can pass/repeal laws. Political sovereignty political power lies with the electorate at the time of an election, but otherwise with government. And because of the prime ministers prerogative powers he also has a large amount of political power. Finally in extreme circumstances the monarch could possibly take back these powers.

The EU and the Constitution (1) Parliament passed the Europeans committee act in 1972 allowing Britain to join the EU EU law is superior to British law factortame case Spanish vessels allowed to ship in British waters according to the fisheries regulations even though it was against the merchants shipping act. British courts must implement EU law House of lords is no longer the highest court of appeal the European court of justice is Where has sovereignty in the UK gone? Parliament remains fully legally sovereign as all law must be passed by parliament, and where it has devolved these powers it can take them back. With regards to the EU Parliament has to effectively accept the result of a referendum A lot of power has gone to government or the prime minster, through the prerogative powers he uses on behalf of the crown Constitutional reform before 1997 Overall there has been very little change UK joining the European committee in 1973 Political role of monarchy has gradually disappeared The role of the house of lords has been weakened by the Salisbury convention and the 1911 parliament act that said the house of lords will not interfere with financial affairs. Power has drifted from local government to central government through many different pieces of legislation and conventions

The EU and the Constitution (2) For proposals requiring a unanimous vote in the EU council, it has an effective veto and can block these. For example the harmonious taxation Where proposals only need a majority the UK must accept these Parliament should not pass any statues that conflict with EU law Attitudes towards constitutional reform The conservatives believe that reform should not be a conscious policy but a more natural procedure. Usually when there has been a political breakdown, such as the call for the removal of the house of lords led to the removal of hereditary peers. As it would disrupt the political process of the UK. Labour and the liberals have had more dominant issues and constitutional reform has few votes so its been squeezed off the agenda. Even when there has been time socialists and liberals have never been able to agree on what reforms should take place.

Why labour supported constitutional reform in 1997 The parties ideology had always supported equal rights democracy and the abolition of traditional establishment powers In 1997 it seemed definite that they would win the election and most likely the next To stop one party from fully dominating parliament after a long period of conservative government Public support for reforms was growing Parliamentary reform In 1998 after negotiations with conservative peers and a massive majority in the commons labour managed to reduce the number of hereditary peers from several hundred to just 92 making the system more democratic by removing a conservative majority However what to do with the house next still remains as to if it is elected or remains the same Changes to the commons include more powerful select committees, changes to prime ministers questions. Brown tried shifting power from the govt to the commons but it will be hard to implement Electoral reform Has changed as parties come and go out of power, the liberals remain supportive saying the current FPTP is undemocratic and unrepresentative whereas the other side says it leads to a strong and stable government Labour has now started to move away from reform for the general elections as they secure strong victories with only 35% of the votes in the 2005 election leading to a 66% majority in the commons. However they have made changes in the devolved areas.

Principles of labours reforms Democratisation the house of lords and the unrepresentative electoral system Decentralisation dispersing power away to local authorities, due to the long period of conservatives Restoration of rights European convention of human rights , freedom of information act Modernisation of the civil service and parliament Human rights Act 1998 Causes bring the UK closer to rest of EU, police and courts to powerful, government had lost in the ECHR nearly 50 times it was embarrassing, in return for active citizenship, Scotland, Wales and northern Ireland were already bound by the convention. How it works judgements of the ECHR are not binding, parliamentary acts remain sovereign, and cases can now be heard in British courts. Government listens for example Belmarsh, the anti terrorism act needed to be amended Freedom of information The act firstly gave citizens a right to know what information the government and public bodies had about them. Second it made it slightly harder for government to be secret and conceal documents. However again labour changed its mind and said that there should be sufficient reasons for the release off a document rather than sufficient reasons to conceal it.

London mayor

Devolution

After an era of Thatcher who abolished the GLC In 1998 the Good Friday agreement devolved and split London up into 33 boroughs the labour power back to northern Ireland after it had been party wanted to restore power back to London. taken back in 1972. When they came to power they pushed through reforms for the creation of a London mayor and a greater London authority. But again did not live up to their promise of restoring political power as the London mayor had influence rather than control. The main influence being congestion charge and public transport in London, and increasing police. Argument for devolution Increased demand for self government as the needs of the people are different Preventing the breakup of the UK More democratic as government is closer to people Reduce workload on British parliament and government Recognises Europe of the regions rather than separate states Types of devolution Administrative devolution the power to make secondary legislation in certain areas, allocation of public funds, how laws should be implemented Financial devolution the power to set taxes themselves, Scotland was given 3% variance on income tax Legislative devolution - the power to make primary legislation The conservatives had lost support in Scotland and Wales whilst labours support was increasing. Referendums were held in Scotland and Wales where a vote of 74% and 50% voted in favour The Scottish parliament and welsh assembly came into existence in 1999.

Arguments against devolution Devolution may lead to independence Demand was over exaggerated and not necessary Extra government increased costs to taxpayer Taxes in Scotland will rise as it is less prosperous Does not go far enough most the power is in england

Reforms to the judiciary The role of senior members of the judiciary was closely linked to the government. The lord chancellor was head of the judiciary presided over the proceeding of the house of lords and was a member of the cabinet meaning he was part of the executive judiciary and legislature. This role was scrapped. The creation of a separate supreme court that was separate from the house of lords Judicial appointments commission to decide who to employ as judges

Assessment of constitutional reform The fully appointed House of Lords is still not accountable or representative. House of Commons remains ineffective and inefficient, with government not being accountable enough Freedom of information act is too weak and allows the government to be secretive Electoral reform has not taken place in parliamentary or local elections

Possible future reforms -Transfer powers from government and PM to commons deploy troops, decide on a date of the general election, declare war, ratify or reject foreign treaties, -Changing general election days from Thursday to weekend -Introducing e petitions - initiate consultation on bill of rights and possible codification

Parliament

Parliamentary and presidential government Parliamentary government - Parliament is the main source of political authority in the UK - Government must be drawn from parliament - Powers of govt and legislature are fused - Govt must be accountable to parliament Presidential government - Legislature and executive have separate sources of power, they are elected separately - President is not part of legislature - Executive is accountable to people - Clear separation of powers - Codified constitutional agreement to separate

Plenary sessions These are where the house meets in full usually during prime ministers question or when a great topic of the day arises such as the hunting with dogs, anti terrorism act 2001 and the war in Iraq 2003. Party members have to vote on government legislation but this does not mean that they have to be there for the debates.

Standing committees Each new piece of legislation is looked at by a group of 15- 50 MPs and peers in order to make any amendments needed. A relevant minister and specialist spokesperson for each other party sits on the committee. For an amendment to be made the committee has to vote by majority. However party loyalty still applies and members are expected to toe the party line In the Lords it is common to have such plenary standing committees but in the commons it hardly ever occurs The role of a select committee - Investigate the work of government departments and insure they have acted effectively and efficiently - Consider major departmental policies and whether they have taken into account relevant opinions - Consider if proposed legislation will be effective - Consider matters of major public concern - investigate serious errors or omissions made by the department and recommend how to correct it - propose future legislation where there is an overwhelming need The speaker The speakers role is to manage the house by selecting members to speak during debates and arranging the business of thee house with party leaders. The speaker is supposed to be fully neutral and not be influenced by party politics allowing all parties to have an equal amount of time.

Departmental select committees There are 18 select committees normally made up of 11 members that shadow each government department. Party whipps influence the liaison committee to get who they want on it, and the chair is usually a significant parliamentary personality. Members are expected to behave in a neutral way, and when reports are published They have significant powers and can call for ministers, civil servants, external witnesses and official papers for their investigations.

Example of select committees Health Culture, media and sport Defence Transport The home affairs committee detention of terrorist suspects 2006 - rejected the governments proposal for 90 day detention and instead recommended 28 days. This was then accepted by the rest of the house.

Functions of parliament (1) Legitimating - parliament needs to pass any proposed government bill in order for it to become law this is in effect parliament, the representatives of the people, legitimising a government bill and making it law. Scrutiny parliament scrutinises proposed legislation making any amendments needed and thus protecting all areas of society and ensuring the laws are clear in there application

Functions of parliament (2) Opposition in the UK we have adversial politics so every time a proposal is made it is expected government will have to explain and justify its policies so opposition parties cannot show any weaknesses in the legislation

Functions of parliament (3) Accountability Accountability forcing the government to justify policy, explain why they are being put forward and what the future effects will be. Criticising policies. Opposition parties present alternative policy. The role of parliament to expose serious mistakes. Individual ministerial responsibility the doctrine of individual ministerial responsibility says each minister is responsible for themselves and for the work of their department. Stephen Byers was forced to resign as trade and industry secretary in 2002 when his personal advisors acted unprofessionally. Functions of parliament (5) Financial control any changes to the tax system or funding allocation need to be passed by parliament and the financial powers of the government have to be renewed each year. If parliament was to withhold consent government would cease to function. Representation MPs are elected to represent their: -Parties; however at the time of the general election they can withdraw support for some policies. - Constituencies - the country as a whole, national interest - other groups they may be involved in

Functions of parliament (4) Accountability Questions to ministers each minister must regularly appear in the house. Some questions are written that the minister can reply back to in writing. But others in the house are usually questions that the minister has been informed about whereas others are unexpected. However ministers have the advantage of civil servants to write answers for them but MPs dont. Prime ministers questions is criticised for becoming an entertainment show between the two party leaders rather than outlining government policy. Why has the House of Lords become more significant Governments have large majorities in the commons, the House of Lords therefore balances this as opposition The House became professional with peers taking their roles more seriously and attending regularly The reforms in 2000 of made the house more representative of society The house is seen as a guardian of individual rights

Examples of the House of Lords going against the will of the government

Similarities / differences between the two houses Commons and Lords have a similar procedure, Gambling order 2007 lords refused to pass the spend time passing legislation, the shape is act for a super casino to be built in Manchester- similar. resulted in a major rethink of allowing more casinos in Britain. However the lords have cross benchers that are independent from parties and stop a Anti terrorism legislation 2004-05 lords ruled government from having a majority, even that the legislation violated human rights and it members of parties are more independent than must be changed government was forced to the commons. amend the act, restricting suspects movement, with the permission of a judge, but not detaining Lords usually have more expertise in certain them in a prison fields as they are people who have retired from those fields such as lawyers and business men. Hunting with dogs 2001 delayed the act till 2004 Lords lack legitimacy and authority Restrictions on the House of Lords Relationship between government and parliament Can only delay an act for 1 year under the parliament act 1949 Effects of the fusion of powers between the executive and legislature mean that there is Has no power over the financial arrangement usually a strong and stable government and the parliament act 1911 government are able to carry out their manifesto Do not block anything that was in a parties manifesto Amendments proposed by the lords must be approved by the commons Why government dominates parliament (1) The electoral system almost guarantees that one party will win and with a strong majority Party loyalty in the UK is strong as political parties are ideologically united the government can rely on it Prime ministerial patronage as most MPs wish to become ministers and those that are ministers are bound by collective responsibility Whipps or constituency parties can suspend MPs from meaning they will probably lose their seat However governments may become dictatorial and legislation might not be scrutinised properly, the government will survive even if public opinion is against them as long as they have a majority Why government dominates parliament (2) The prime minister can threaten to call a general election to bring MPs into line The House of Lords lacks authority and will eventually have to listen to the commons and therefore government However this depends on its majority. The House of Lords also becomes more obstructive when a government has a large majority. The party must be united and if it is split government is weak.

Parliamentary reform House of Lords (1) The House of Lords Stage 1 Thatcher persuaded hereditary peers to vote for her poll tax, labour wanted to remove them. They voted to remove hereditary peers but came to a compromise with William Hague and the leader of the conservatives in the commons allowing 92 peers, who would be voted for by the 800 current peers. Lord Wakehams report said: the powers of the HOL should stay the same, subordinate to the HOC, a minority would be elected on a regional basis, no hereditary peers, crossbenchers hold balance. House of Lords- fully elected chamber More democratic, remove corrupt practices in regards to appointment, act as a democratic balance under PR as no party will have dominance, allow smaller parties to be represented under PR. Would create a deadlock between two houses, too many elections will lead to voter fatigue, more powerful second chamber will mean a less decisive government, another part of legislature dominated by parties

Parliamentary reform House of Lords (2) Stage 2 Tony Blair wanted a fully appointed house so that the commons could keep control, most labour MPs and liberal democrats wanted an elected house. Conservatives wanted a half elected- appointed house.

House of Lords fully appointed chamber Membership can be controlled to represent all of society, more independents in politics Too much power in the hands of those that appoint them, undemocratic and holds back modernisation, lacks legitimacy and public support

Parliamentary reform House of Commons PMQs changed from two short sessions to one longer session, New offices for MPs, allowances for secretarial and research backing, select committee appointments are in the hands of MPs. Conservative Norton committee reforms: 2 PMQs, longer ministerial question time sessions, opportunities backbenchers to raise issues, shorter speeches in debates, research resources for opposition parties, research facilities for select committees, MPs control select committees, select committee chairman same salary as ministers.

House of Commons browns possible reforms Commons should have more of a say in appointment of senior government appointments Prerogative powers of PM should be abolished with the commons able to veto these Parliament should control activities and structure of civil service Parliament to decide on a date for the next general election

The government Although this figure changes in general the government consists of 25 peers and 90 MPs 23 cabinet members- the head of government the prime minister and secretaries of state, 15 senior non cabinet posts people who are not important enough to be in the cabinet but still important i.e. the attorney general, 60 junior ministers ministers of state working under members of the cabinet, 17 part whipps running the administration and ensuring MPs stay in line.

The Prime Minister and Cabinet

Characteristics of the government The 90 or so MPs perform duties in government but also have constituencies to look after Other MPs of the party are known as backbenchers and not bound by the same rules as frontbenchers All members of government are appointed by the PM

Ministerial selection The prime minister decides upon a minister firstly through the competence of the individual and secondly through political consideration. The minister should be politically reliable accepting collective responsibility, junior ministers should have potential so that they can replace senior members at a later stage, ministers should preferably be ideologically united, have managerial skills

Members of the government are bound by collective responsibility and must publically support policy no matter what they may believe; therefore they must also take responsibility for it. If a member of government is against policy they should resign. Other forms of government Cabinet government Minority government winning party fails to win an absolute majority, find it difficult to pass The cabinet represented the collective identity of legislation and financial budgets, they are the government therefore short lived All important domestic and many foreign policies Coalition government- shared appointment of were made within the cabinet posts and shared policies between two or more parties. Has happened in 1945 and in the Policy needed full cabinet approval for it to be Scottish parliament as well as at local official government level. Disputes would be resolved within the cabinet Majority coalition between 2 parties to form govt The PM was first amongst equals and could be Grand coalition - form an overwhelming majority voted against by the rest of the cabinet Rainbow coalition - 1 large party and several others National coalition - where all parties are called to join Changing cabinet prime ministerial Changing cabinet prime ministerial domination 1 domination 2 Howard Wilson realised he could control the The media exclusively focussed on Wilson so he cabinet through the help of a few close allies. became the presenter and therefore maker of The cabinet secretary who now served him policy almost exclusively, a few private advisors that he consulted in order to discuss strategy and his Thatcher took this too a new level by completely own force. removing all her political opponents out of He could control the political agenda of the government and controlling the cabinet as cabinet. Wilson had done. The media also focussed on Thatcher. He started having meeting with other cabinet ministers outside of cabinet meetings in order to Blair took this further by using Wilsons tactics of control what happened in them and reportedly control and Thatchers strategy of media even had the minutes of the cabinet changed to supremacy as well as controlling the flow of support his own conclusions. information to the governing community

Cabinet committees A group of about 5 cabinet ministers who meet to discuss policy. To deal with decisions that need approval of more than one department. Some are temporary like the Olympics but others are permanent like economic development; and, national security, international relations and development. Issues too technical/complex for full cabinet to discuss, there is no time/information. When a decision of a committee is referred up its usually accepted. Increases PMs control, he creates them, decides who sits on them and what their agenda is. Its easier for him to control a smaller number Functions of the cabinet today Settling disputes between ministers Making decisions that cannot be made elsewhere gain cabinet support, to save the PM embarrassment Dealing with domestic emergencies it is good to have full cabinet backing at times of national security Determining presentation of policy Legitimising decisions taken elsewhere -such as in cabinet committees or The functions of the prime minister (1) Chief policy maker he has the final say on policy Head of government can make and abolish committees and departments. Head of civil service. Chairs cabinet meetings. Determining who holds the posts of ministers, senior judges and arch bishops. Chief government spokesman represents policy to the media Commander in chief of the armed forces on behalf of monarch, committing troops declaring war and head of intelligence services

Marginalisation The PM has increasingly taken power away from the cabinet and given it to himself Department dont want to bring issues to the cabinet Cabinet committees are dealing with much of the policy on their own A lot of policy is now formed in downing street by the PMs personal political advisors The PM deals with individual ministers separately Formation of a cabinet Vital part of PMs powers of patronage, he appoints and can dismiss senior members of government The PM must decide if he wants a balanced cabinet or an ideologically united cabinet. And which individuals he should choose. Political allies from the past, representing an important part of society, a rebel that could be dangerous outside, those with great potential, personal friends, popular figures, retaining political identity, finally able to do a good job The functions of the prime minister (2) Chief foreign policy maker negotiating with other countries, signing treaties and chairing international meetings Parliamentary leader it is the role of the prime minister to lead his party in parliament, both the House of Commons and House of Lords

Sources of prime ministerial power and authority The ruling party - PM has support of party and the rest of the country in ordinary members. Party won the general election he carries elective authority. Prerogative powers the powers that the PM can practice on behalf of the monarchy as it would be undemocratic for the monarch to have these powers. The prime minister can claim personal mandate as more and more people take into account the party leader when voting Parliament can claim parliamentary authority as long as he has a majority. Limits on Prime ministerial power The size of the majority in the House of Commons john major just 21, tony blairs majority of over 100 Having a united party as seen with Cameron and brown over the expenses issue Public and media profile Blair and Thatcher. Support of cabinet and parliament as if these overrule him there is nothing he can do Confidence of the party Not presidential government Office of PM is flexible and depends on what the holder wants to make it PMs seem to be more presidential through the media but in reality are not Thatcher sacked As the PM tries to stretch power the constraints become more powerful Thatchers enemies turning on her Even though he appears to be he is not actually head of state.

Prime ministerial power formal (all) Appointment and dismissal of ministers Granting peerages and other honours Head of the civil service Appointment senior judges and bishops Determining the date of the general election Commanding the armed forces Conducting foreign relations Maintaining national security Chairing cabinet meetings Prime ministerial power (varies) Making government policy Parliamentary leadership Controlling cabinet National leadership

Presidential government effectively head of state - the country unites behind the PM in times of national emergency Diana Large amount of personal advisors cabinet office serves the PM not government, policy directorate and strategy unit playing key parts. Controls foreign policy- Blair supporting US in the middle east, world environmental issues, EU Build up of special leadership Thatcher used her own advisors instead of the chancellor major was forced out due to having political enemies Ministers and departments Department has two heads one minister secretary of state and one civil servant permanent secretary. Therefore each department has a political structure, the minister then junior ministers then private political advisors; and administrative structure the permanent secretary and a large number of civil servants who are supposed to be neutral.

Tasks of the civil service Gather information for policy making Provide alternative courses of action Advise on consequences of decisions Draft legislation Provide briefings for other ministers Advise on implementation methods Organise implementation of policy Draft answers for ministerial questions

Tasks of a minister Set the political agenda Determine priorities for action Decide between political alternative Obtain cabinet and PMs approval for policy Steer proposals through parliament Be accountable to parliament for policies and implementation Account to parliament for general performance of their department

Features of a ministers job Politically committed to one party Temporary only hold office as long as PM wishes Will lose office if party loses power Are expected to make political decisions Make judgements about outcomes of those decisions Have a public profile Publically accountable for their department

Features of a civil servants job Must display no political allegiance Permanent wish to move up through the ranks Keep their jobs when the party changes May only suggest alternative in a neutral way Identify possible outcomes in a neutral way Largely anonymous Cannot be held publically accountable

Judicial system in the UK House of Lords- the 12 most senior judges in the country- major issues on human rights and judicial review. Major problems over actual meaning of law. settling disputes over conflict with EU and British law Appeal court- very senior judges- disputes from lower courts over the accurate meaning of the law. dealing with appeals over human rights High courts- senior judges- dealing with cases where citizens or organisations have a dispute with some part or agency of government The political role of the judiciary (2) Judicial review if citizens or organisations have disputes with government, usually rights being broken exceeding power or been treated unfairly Public inquiries judges are called upon to look into matters of public concern.

Judiciary and Civil liberties

The political role of the judiciary (1) Dispensing justice everyone is treated equally under the law and a fair decision is made Interpretation judges need to decide what the law actually means when there is a dispute

Creating case law - in specific circumstances judges make rulings that will also apply in similar External jurisdiction who has power over cases. certain issues, devolved areas/EU or Westminster. Declaring common law if there is no common

law/ parliamentary statue judges decide on what to do. This then becomes common law

Sentencing issues- theres minimum sentences for certain crimes, that judges must stick too.

Limitations principles and safeguards Sovereignty of parliament if courts believe an act goes against the law they still have to enforce it The rule of law all citizens are equal and must be given a fair trial, if the courts do not do this a case can be appealed against Judicial precedent if a judge creates new common or case law all other judges must then use this law unless they are off a higher court The primacy of EU law- British courts must enforce it How is independence maintained Security of tenure- judges cannot be sacked or salaries reduced because of decisions they make, theyre free to make decision without fear Contempt of court- for a government servant to interfere or comment on a case. Stops pressure being put on government Appointments- PM and lord chancellor, appointment commission and parliament keeps a check Background senior judges are impartial

Independence of the judiciary If judges are not independent government will exceed their power as no checks are kept Citizens must feel that they will be treated equally in the eyes of the law and will not be discriminated against by the government Judges should be selected independent from the government to ensure neutrality

How independence is threatened Indirect pressure on judges politicians have become involved in rights and minimum sentences PM has veto over appointments commission as to the appointment of senior judges Many senior judges, 12, are also lords and therefore involved in the legislative process meaning their politic al independence cannot be guaranteed

Neutrality of the judiciary Judges themselves being free from bias Most judges come from a narrow social and professional background they are usually male and upper or middle class being educated at Oxbridge, many are lords inevitably leading to conservatism However recently the judiciary has become much more neutral. Giving verdicts in favour of individuals and minorities. Further backed up by human rights act. Both parties have claimed the judiciary represents the other Freedom of information and open government Passed in 2000 but did not come into effect till 2005 longer term process of creating a more open government Select committees being able to access documents However the act became watered down and said that the government could disclose information if they thought it was not in the publics interest Data protection act 1984 allowed citizens to check what data the government had on them so that they could insure the records were correct The government and the judiciary As home secretaries have tried to impose minimum sentences judges have been imposed to this and believe it should be left to them not government Senior members of the judiciary have criticised the government over the introduction of anti terror legislation that infringes human rights Ministers have argued that judges are too politically involved and s they are not elected or accountable they should not interfere

Threat to civil liberties Increased police power Limits to trade union activities- Thatcher Increasing information held by government on each citizen, social security police and NHS Increasing tension between media and government over what they could publish Government power was growing and parliaments power to limit that was weakening Human rights in the UK Civil liberties human rights act, common law, other parliamentary statues Anti discrimination race relations act, equal opportunities act Employment and union rights employment protections act, equal pays act Rights to welfare welfare state legislation

Recent reforms to the judiciary Removal of lord chancellors role in all three branches, he is no longer the head of the House of Lords or a member of the cabinet. Introduction of secretary of state for constitutional affairs -a member that sits on the cabinet advising it what to do about the judiciary Supreme court to be introduced in 2009 will separate House of Lords as the highest court of appeal.