EU

European Commission

• The executive body of the EU — proposes legislation, implements decisions, and enforces EU law; often called the “guardian of the treaties”
• Made up of 27 Commissioners (one per member state), each assigned a policy portfolio; they act in the EU’s interest, not their home country’s
• Led by the President (e.g. Ursula von der Leyen) who sets the political agenda; the President is nominated by the European Council and approved by the European Parliament
• Has the exclusive right of legislative initiative — the Council and Parliament cannot introduce legislation without a Commission proposal

Council of the European Union (not to be confused with the European Council)

• Represents the governments of member states; made up of government ministers from each country (the relevant minister depends on the topic, e.g. finance ministers for economic matters)
• Acts as a co-legislator alongside the European Parliament — both must approve most EU laws
• Uses Qualified Majority Voting (QMV) for most decisions (55% of states representing 65% of the EU population), but unanimity is required for sensitive areas like taxation and foreign policy
• Holds the rotating presidency, with each member state chairing meetings for 6 months in turn

European Council (not to be confused with the Council of the EU)

• Brings together the heads of government/state of all 27 member states (e.g. prime ministers and presidents) — sets the EU’s overall strategic direction and political priorities
• Has a permanent President (currently Charles Michel) who chairs summits; this role was created by the Lisbon Treaty (2009) to provide continuity
• Meets roughly 4 times a year at summits; does not pass laws but makes major political decisions (e.g. approving the EU’s long-term budget, responding to crises)
• Decisions are typically made by consensus, though QMV applies in some procedural matters

European Parliament

• The only directly elected EU institution — MEPs are elected by EU citizens every 5 years using proportional representation
• Shares legislative power with the Council of the EU under the “ordinary legislative procedure” (co-decision); also has the power to reject or amend legislation
• Scrutinises and holds the Commission accountable — can vote to censure (dismiss) the Commission, and must approve the appointment of Commissioners
• Debates are conducted across political groups (not national lines), e.g. the European People’s Party (centre-right) and the Progressive Alliance of Socialists and Democrats (centre-left)

Court of Justice of the European Union (CJEU)

Key distinction: The CJEU is an EU institution based in Luxembourg. It is entirely separate from the European Court of Human Rights (ECtHR), which is a Council of Europe institution and enforces the European Convention on Human Rights (ECHR). The ECHR was incorporated into UK law by the Human Rights Act 1998 — this has nothing to do with the EU.

• Ensures EU law is applied uniformly across all member states; member state courts can refer questions of EU law to the CJEU for a ruling
• Has the power to rule that member states have violated EU law and impose fines for non-compliance
• Established the supremacy of EU law — in cases of conflict, EU law takes precedence over national law (Costa v ENEL, 1964)
• During UK membership, CJEU rulings were binding on UK courts; post-Brexit, the UK is no longer subject to CJEU jurisdiction

Legacy (Retained) EU Law in the UK

When the UK left the EU, the European Union (Withdrawal) Act 2018 converted existing EU law into domestic UK law — known as “retained EU law” — to avoid a legal vacuum. Key examples:

• Paternity/Parental Leave: EU Parental Leave Directive gave employees the right to parental leave; retained in UK law post-Brexit, though the UK government has the power to amend it
• Food Safety Regulations: EU food labelling, hygiene standards, and additive rules (e.g. restrictions on certain food colourings) remained in force in the UK after Brexit as retained law
• Workers’ Rights: EU-derived protections such as the 48-hour working week (Working Time Directive) and rights for agency workers were retained, though subject to potential future reform
• Product Standards: EU regulations on product safety and environmental standards (e.g. energy efficiency labels) continued to apply; divergence from EU standards is an ongoing political debate post-Brexit

The Retained EU Law (Revocation and Reform) Act 2023 gave ministers powers to amend or revoke retained EU law more easily — a key post-Brexit constitutional development worth knowing for AQA.

The Judiciary

Role and Function

• The judiciary interprets and applies the law — judges resolve disputes between individuals, between individuals and the state, and (via judicial review) between branches of government
• Judicial review allows courts to scrutinise the decisions of public bodies and declare them unlawful if they exceed their legal powers (ultra vires), breach natural justice, or are procedurally improper
• The Supreme Court (created by the Constitutional Reform Act 2005, replacing the Law Lords) is the UK’s highest court; it hears final appeals and rules on constitutional questions
• Judges do not make policy in theory — but landmark rulings (e.g. Miller I 2017, Miller II 2019) have significant political consequences, blurring the line between law and politics

Judicial Independence

• Judges are protected from political pressure by security of tenure — senior judges cannot be dismissed except by a vote of both Houses of Parliament (this has never happened)
• The Constitutional Reform Act 2005 formally separated the judiciary from the executive: the Lord Chancellor lost judicial functions, and the Lord Chief Justice became head of the judiciary
• Judicial appointments are made through the Judicial Appointments Commission (JAC), an independent body, reducing direct government patronage over who becomes a judge
• Critics argue true independence is limited — judges are disproportionately white, male, and privately educated, which may reflect unconscious bias in their rulings

Judicial Neutrality

• Judges are expected to be politically neutral — they cannot be members of political parties, and their decisions should be based on law, not personal opinion
• However, high-profile cases (e.g. prorogation ruling in Miller II, Brexit-related injunctions) led tabloids to brand judges “enemies of the people” — highlighting tension between judicial neutrality and public perception
• The doctrine of parliamentary sovereignty traditionally limits judicial power — UK courts cannot strike down Acts of Parliament, unlike the US Supreme Court
• The Human Rights Act 1998 gave courts the power to issue a Declaration of Incompatibility if legislation breaches the ECHR, but this does not invalidate the law — Parliament retains the final word

Key Cases to Know

• R v Secretary of State for the Home Department ex parte Fire Brigades Union (1995): Courts ruled the Home Secretary had acted unlawfully — early sign of judicial assertiveness
• R (Miller) v Secretary of State for Exiting the EU (2017, Miller I): Supreme Court ruled Parliament, not the executive, must trigger Article 50 — major assertion of parliamentary sovereignty
• R (Miller) v Prime Minister (2019, Miller II): Supreme Court unanimously ruled Boris Johnson’s prorogation of Parliament was unlawful — unprecedented check on executive power
• Gina Miller v Secretary of State cases are essential AQA examples of judicial review in action

Political Parties

Functions of Political Parties

• Representation: Parties aggregate and articulate the interests of different social groups, translating public opinion into policy platforms
• Recruitment: Parties select and train candidates for elected office — virtually all MPs and most councillors stand under a party label
• Policy formation: Parties develop manifestos and governing programmes; party ideology shapes the policy agenda when in government
• Participation: Parties provide a vehicle for citizens to engage with politics beyond voting — through membership, campaigning, and internal democracy

The Conservative Party

• Founded on principles of tradition, hierarchy, and organic change — historically pragmatic rather than ideologically rigid (“Tory pragmatism”)
• Post-Thatcher, the party embraced economic liberalism (free market, low tax, privatisation) alongside social conservatism — this tension has defined internal divisions ever since
• Thatcherism (1979–90) was a decisive ideological shift: rolling back the state, confronting trade unions, and prioritising individual over collective interests
• Internal divisions over Europe ultimately split the party and dominated politics from Maastricht (1992) to Brexit (2016–20); the 2019 “Get Brexit Done” manifesto represented a temporary resolution

The Labour Party

• Founded in 1900 by the trade union movement — historically committed to collective ownership, workers’ rights, and redistribution of wealth
• Clause IV of the original constitution committed Labour to public ownership of the means of production; Tony Blair’s rewrite of Clause IV in 1995 symbolised New Labour’s shift to the centre ground
• New Labour (1997–2010) accepted many Thatcherite economic reforms while expanding public spending — “the third way” between socialism and free-market capitalism
• The Corbyn era (2015–20) represented a sharp leftward turn; Labour’s 2019 election defeat led to Keir Starmer’s leadership and a return toward centrist social democracy

Minor Parties

• Liberal Democrats: Occupy the centrist/centre-left ground; historically committed to civil liberties, PR electoral reform, and pro-Europeanism; suffered catastrophic losses after the 2010–15 coalition but have recovered under post-Brexit realignment
• SNP (Scottish National Party): Dominant force in Scottish politics; social democratic in policy, independence as the defining goal; holds significant Westminster presence and controls Holyrood
• UKIP / Reform UK: Right-wing populist parties that have reshaped British politics without winning many seats under FPTP; UKIP forced the 2016 referendum; Reform UK won 4 million+ votes in 2024
• Greens: Growing vote share reflecting increased salience of climate change; electoral system limits Westminster representation but strong in local and European elections

Party Funding Controversy

• Parties are funded by membership fees, donations, and state funding (Short Money for opposition parties in Parliament)
• Labour receives significant funding from trade unions; Conservatives rely heavily on wealthy individual donors — both face accusations of influence-buying
• The Electoral Commission regulates donations but caps do not exist on total spending — reform has been debated but not enacted
• Cash-for-honours, Partygate, and donor access scandals have fuelled public distrust in party funding transparency

Voting Behaviour

Models of Voting Behaviour

• Party identification model (Michigan Model): Voters develop a long-term psychological attachment to a party, often inherited from family; this was dominant in the post-war era when class loyalty drove stable voting patterns
• Rational choice model: Voters act as consumers, evaluating party policies and choosing the option that best serves their interests — implies volatile, issue-based voting
• Valence model: Voters judge parties on competence and leadership rather than ideological difference; elections are won by the party perceived as most capable of managing the economy and public services
• Dominant ideology model: The media and establishment reinforce ruling-class values, shaping voters’ preferences in ways that serve elite interests — associated with Marxist analysis

Social Factors in Voting

• Class: Historically the strongest predictor — working class voted Labour, middle class voted Conservative. Class dealignment since the 1970s has weakened but not eliminated this pattern
• Age: The most significant cleavage in contemporary British politics — in 2019, voters under 45 leaned heavily Labour; over-65s voted overwhelmingly Conservative. The “age crossover point” (where you’re more likely to vote Tory) is often cited around age 47–50
• Ethnicity: Non-white British voters have historically supported Labour by large margins, though the 2024 election saw some erosion among Muslim voters over Gaza; the Conservatives have made limited inroads
• Gender: The traditional “gender gap” (women more Conservative) has reversed — younger women now lean significantly left; older women remain more Conservative

Factors Influencing Voting at Elections

• Economic voting: Governments are punished at the polls when the economy performs poorly — “It’s the economy, stupid.” The 2008 financial crisis damaged Labour; the 2022 cost-of-living crisis damaged the Conservatives catastrophically
• Leadership: Perceived personal qualities of party leaders matter — Blair’s appeal broadened Labour’s vote; Corbyn’s unpopularity is widely seen as a drag on Labour in 2017 and 2019; Johnson’s “Get Brexit Done” persona was an asset in 2019
• The media: National newspapers (predominantly right-wing in the UK) can set the agenda and shape perception — the Sun’s influence is debated, but tabloid coverage of Corbyn was relentlessly negative. Social media increasingly bypasses traditional gatekeepers
• Tactical voting: Under FPTP, many voters choose not their preferred party but the party most likely to defeat a candidate they oppose — significant in marginal constituencies; 2024 saw coordinated anti-Conservative tactical voting

Electoral Systems and Their Effects

• First Past the Post (FPTP): Used for UK general elections; winner-takes-all in each constituency. Produces strong single-party governments but distorts vote share — in 2024, Labour won ~34% of the vote but ~63% of seats
• Proportional Representation (PR): Used for devolved elections (e.g. Scottish Parliament uses Additional Member System); more accurately translates votes to seats but often produces coalition governments
• The 2024 general election is a key contemporary example: Labour landslide on a minority of the vote; Reform UK won 14% of votes but only 5 seats — a stark illustration of FPTP’s disproportionality
• Debates around electoral reform remain live — the Jenkins Commission (1998) recommended AV+, but no reform has been enacted for Westminster elections

Key Themes and Aims of the EU

The Four Freedoms

The four freedoms form the constitutional core of the Single Market, established by the Single European Act (1986) and enshrined in the Treaty of Rome (1957). They are non-negotiable for full EU membership and were a central point of tension in Brexit negotiations.

• Freedom of movement of people

  • EU citizens have the right to live, work, and study in any member state without a visa or work permit
  • Underpinned by the concept of EU citizenship, introduced by the Maastricht Treaty (1992) — citizens of any member state are also citizens of the EU
  • Was the most politically contentious freedom in the UK Brexit debate; concerns over immigration levels drove significant Leave support in 2016
  • Post-Brexit, freedom of movement between the UK and EU has ended — UK citizens now require visas for extended stays, and EU nationals must apply under the UK points-based immigration system

• Freedom of movement of services

  • Businesses and professionals can offer services across member states without restrictions — e.g. a French law firm can operate in Germany, a UK bank could passport financial services across the EU pre-Brexit
  • Particularly significant for the financial services sector (the City of London lost passporting rights post-Brexit, a major economic consequence)
  • The Services Directive (2006, “Bolkestein Directive”) attempted to deepen this freedom but faced resistance over fears of social dumping (cheaper foreign labour undercutting domestic workers)
  • Less fully realised than goods — regulatory and professional qualification barriers still fragment the services market across member states

• Freedom of movement of capital

  • Money, investments, and financial assets can flow freely between member states (and largely between the EU and third countries)
  • Enables cross-border investment, acquisition of property, and access to financial markets without capital controls
  • Underpins the Eurozone — the single currency (used by 20 of 27 member states) deepens capital integration by eliminating exchange rate risk
  • The UK retained this freedom post-Brexit in many respects through bilateral agreements, though some restrictions on financial services investment apply

• Freedom of movement of goods

  • No tariffs, quotas, or customs checks on goods traded between member states — the foundation of the customs union
  • Goods meeting EU standards (CE marking, food safety regulations, product specifications) can be sold anywhere in the single market without re-testing
  • The customs union means all member states apply the same external tariff to goods from non-EU countries — this prevented the UK from striking independent trade deals while a member
  • Post-Brexit friction at the UK–EU border (paperwork, customs checks, sanitary and phytosanitary controls) has demonstrably increased trade costs, particularly for small exporters

Wider Aims

• Peace and stability

  • The EU’s foundational purpose — born from the devastation of two World Wars, the project was explicitly designed to make another European war structurally impossible by binding economies together
  • The Schuman Declaration (1950) proposed pooling French and German coal and steel production — the logic being that nations sharing economic infrastructure cannot go to war over it
  • Awarded the Nobel Peace Prize in 2012 in recognition of its role in maintaining peace across the continent for over 70 years
  • Enlargement eastward after the Cold War (particularly the 2004 “big bang” enlargement admitting 10 new states) extended this stabilising function to former Soviet bloc countries, anchoring them to democratic norms and the rule of law

• Promotion of economic growth across member states

  • The single market of ~450 million consumers creates enormous economies of scale — businesses can trade across a vast area under a single regulatory framework
  • EU Cohesion Funds and Structural Funds redistribute wealth from richer to poorer regions — e.g. significant investment in Eastern Europe, Ireland (1980s–90s), and parts of southern Italy and Spain
  • The euro reduces transaction costs and exchange rate uncertainty for businesses trading across the Eurozone, theoretically boosting investment and growth
  • Critics argue economic integration has benefited wealthier northern states (especially Germany) disproportionately — the Eurozone debt crisis (2010–15) exposed deep tensions between creditor nations (Germany) and debtor nations (Greece, Italy, Spain)

• Promotion of individual rights and freedoms

  • The Charter of Fundamental Rights of the EU (legally binding since the Lisbon Treaty, 2009) guarantees civil, political, economic, and social rights to all EU citizens
  • EU law has driven significant advances in workers’ rights, gender equality, and anti-discrimination law across member states — e.g. equal pay directives, protections for part-time and agency workers
  • The CJEU enforces these rights and can rule against member state governments that violate them — giving individual rights a supranational enforcement mechanism

• Integration into an “ever closer union”

  • The phrase “ever closer union among the peoples of Europe” appears in the Treaty of Rome (1957) and has been a guiding (and contested) principle ever since
  • Describes a process of gradual deepening — from a trade bloc to a single market, to monetary union, with political union as a long-term aspiration for federalists
  • Integration has proceeded through successive treaties: Rome (1957) → Maastricht (1992) → Amsterdam (1997) → Lisbon (2007) — each expanding EU competences and institutions
  • Deeply divisive — Eurosceptics see it as a threat to national sovereignty and democratic accountability; federalists see it as the logical endpoint of economic and political interdependence. The UK’s opt-out from “ever closer union” (negotiated by David Cameron in 2016) reflected this tension, though it ultimately did not prevent the Brexit vote.