The document provides an overview of the UK constitution, including: - The UK constitution is uncodified and consists of laws, conventions, and traditions established over time rather than being set out in a single document. - Key principles of the UK constitution include parliamentary sovereignty, the separation of powers, and constitutional monarchy. - There have been recent reforms like devolution, establishing the Supreme Court, and incorporating the European Convention on Human Rights, but the constitution remains flexible and changeable by Parliament. - Arguments for and against a codified constitution include clarity and protection of rights versus flexibility and difficulty of codification given the UK's historical constitutional framework.

1. The UK
constitution
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
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
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.
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.
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.

2. 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 country’s 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
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 today’s 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 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.
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.

3. 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.
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 (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
Sources of the UK constitution (2)
Common law – laws that have been used
throughout history such as the PM’s 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 queen’s speech.
Main characteristics of the UK constitution
Uncodified
Not entrenched
Constitutional monarchy – royal prerogative
Sovereignty of parliament – parliamentary govt
Party government
Unitary government

4. 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
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
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
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 it’s 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.
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

5. 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
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
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
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
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.
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.

6. London mayor
After an era of Thatcher who abolished the GLC
and split London up into 33 boroughs the labour
party wanted to restore power back to London.
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.
Devolution
In 1998 the Good Friday agreement devolved
power back to northern Ireland after it had been
taken back in 1972.
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.
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
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
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
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

7. 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

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

9. 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 (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 MP’s
don’t. Prime ministers questions is criticised for
becoming an entertainment show between the
two party leaders rather than outlining
government policy.
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 – MP’s 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
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

10. Examples of the House of Lords going
against the will of the government
Gambling order 2007 – lords refused to pass the
act for a super casino to be built in Manchester-
resulted in a major rethink of allowing more
casinos in Britain.
Anti terrorism legislation 2004-05 – lords ruled
that the legislation violated human rights and it
must be changed – government was forced to
amend the act, restricting suspects movement,
with the permission of a judge, but not detaining
them in a prison
Hunting with dogs 2001 – delayed the act till
2004
Similarities / differences between the two
houses
Commons and Lords have a similar procedure,
spend time passing legislation, the shape is
similar.
However the lords have cross benchers that are
independent from parties and stop a
government from having a majority, even
members of parties are more independent than
the commons.
Lords usually have more expertise in certain
fields as they are people who have retired from
those fields such as lawyers and business men.
Lords lack legitimacy and authority
Restrictions on the House of Lords
Can only delay an act for 1 year under the
parliament act 1949
Has no power over the financial arrangement
parliament act 1911
Do not block anything that was in a parties
manifesto
Amendments proposed by the lords must be
approved by the commons
Relationship between government and
parliament
Effects of the fusion of powers between the
executive and legislature mean that there is
usually a strong and stable government and the
government are able to carry out their manifesto
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 (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 MP’s wish
to become ministers and those that are
ministers are bound by collective responsibility
Whipps or constituency parties can suspend
MP’s from meaning they will probably lose their
seat
Why government dominates parliament (2)
The prime minister can threaten to call a general
election to bring MP’s 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.

11. 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 Wakeham’s 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.
Parliamentary reform House of Lords (2)
Stage 2 – Tony Blair wanted a fully appointed
house so that the commons could keep control,
most labour MP’s and liberal democrats wanted
an elected house. Conservatives wanted a half
elected- appointed house.
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
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
PMQ’s changed from two short sessions to one
longer session, New offices for MP’s,
allowances for secretarial and research backing,
select committee appointments are in the hands
of MP’s.
Conservative Norton committee reforms: 2
PMQ’s, longer ministerial question time
sessions, opportunities backbenchers to raise
issues, shorter speeches in debates, research
resources for opposition parties, research
facilities for select committees, MP’s 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

12. The Prime
Minister and
Cabinet
The government
Although this figure changes in general the
government consists of 25 peers and 90 MP’s
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 MP’s stay in line.

13. Characteristics of the government
The 90 or so MP’s perform duties in government
but also have constituencies to look after
Other MP’s 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
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.
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
Other forms of government
Minority government – winning party fails to win
an absolute majority, find it difficult to pass
legislation and financial budgets, they are
therefore short lived
Coalition government- shared appointment of
posts and shared policies between two or more
parties. Has happened in 1945 and in the
Scottish parliament as well as at local
government level.
Majority coalition – between 2 parties to form
govt
Grand coalition - form an overwhelming majority
Rainbow coalition - 1 large party and several
others
National coalition - where all parties are called to
join
Cabinet government
The cabinet represented the collective identity of
the government
All important domestic and many foreign policies
were made within the cabinet
Policy needed full cabinet approval for it to be
official
Disputes would be resolved within the cabinet
The PM was first amongst equals and could be
voted against by the rest of the cabinet
Changing cabinet prime ministerial
domination 1
Howard Wilson realised he could control the
cabinet through the help of a few close allies.
The cabinet secretary who now served him
almost exclusively, a few private advisors that
he consulted in order to discuss strategy and his
own force.
He could control the political agenda of the
cabinet.
He started having meeting with other cabinet
ministers outside of cabinet meetings in order to
control what happened in them and reportedly
even had the minutes of the cabinet changed to
support his own conclusions.
Changing cabinet prime ministerial
domination 2
The media exclusively focussed on Wilson so he
became the presenter and therefore maker of
policy
Thatcher took this too a new level by completely
removing all her political opponents out of
government and controlling the cabinet as
Wilson had done. The media also focussed on
Thatcher.
Blair took this further by using Wilsons tactics of
control and Thatcher’s strategy of media
supremacy as well as controlling the flow of
information to the governing community

14. 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 PM’s control, he creates
them, decides who sits on them and what their
agenda is. It’s easier for him to control a smaller
number
Marginalisation
The PM has increasingly taken power away
from the cabinet and given it to himself
Department don’t 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
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
Formation of a cabinet
Vital part of PM’s 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 (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
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

15. 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.
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
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
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
Not presidential government
Office of PM is flexible and depends on what the
holder wants to make it
PM’s 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 – Thatcher’s enemies
turning on her
Even though he appears to be he is not actually
head of state.
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.

16. 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 PM’s 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
Judiciary and
Civil liberties
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 (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
cases.
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.
External jurisdiction – who has power over
certain issues, devolved areas/EU or
Westminster.

17. Declaring common law – if there is no common
law/ parliamentary statue judges decide on what
to do. This then becomes common law
Sentencing issues- there’s 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
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 is independence maintained
Security of tenure- judges cannot be sacked or
salaries reduced because of decisions they
make, they’re 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
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

18. 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
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
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
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
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
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.