1 Constitution Flashcards
(182 cards)
1
Q
3 ways modernisation of political institutions has succeeded?
A
- House of Lords now far less homogeneous and far less Conservative dominated.
- Creation of SCOTUK has been successful and largely apolitical.
- The notion of gender equality has reached even the echelons of the royal family.
2
Q
3 ways modernisation of political institutions has failed?
A
- House of Lords reform is unfinished - 1999 measure unfinished, e.g. failure of 2012.
- Independent SCOTUK has been criticised.
- It is still illegal for the heir to be Catholic.
3
Q
2 successes of democratisation?
A
- Greater autonomy in cities from LGA 2000 and GLA 1999 has attracted high profile incumbents such as Sadiq Khan - made the career of BoJo, and has shown actual reform.
- Police and crime commissioners now the people’s choices.
4
Q
3 failures of democratisation?
A
- Most people reject the idea of an elected mayor in their area when asked to referendum it. Torbay even abolished the position in 2016 after voting to get it in 2005.
- 2011 - people don’t want democratising changes.
- FTPA circumvented.
5
Q
3 failures of human rights?
A
- Identity politics.
- Clash between individual and collective rights become more direct.
- SCOTUK controversial e.g. 2010 anti-terror legislation (freezing assets) incompatible with HRA 1998 and ECHR provisions.
6
Q
3 successes of devolution reforms?
A
- Popular support for devolution has increased, e.g. in Wales where only 50.3% supported devolution in 1997 to 63.5% in 2011.
- Scotland stayed because of devolved parliament?
- NI power sharing has helped consensus emerge which has led to reduced violence.
7
Q
2 failures of devolution?
A
- November 2004 - 78% of voters rejected a NE regional assembly.
- 2017-2020 NI power sharing failed over policy disagreements and a failed renewable energy scheme scandal.
8
Q
8 ways the constitution could be reformed further?
A
- Voting age to 16.
- Compulsory voting (Australia) (Staffordshire PCC 2012 11% turnout).
- Lords reform.
- Proportional representation.
- E-Democracy.
- Devolution.
- Primaries.
- ID to vote.
9
Q
Why might Lords reform have gone enough? 2 reasons
A
- Peers appointed by merit - better than election.
- Appointment system means no overall majority - reduced partisan influence, better scrutiny?
10
Q
Benefit of life peerages?
A
Independence - can make decisions without fear or favour.
11
Q
4 reforms needed to Lords?
A
- 26 bishops.
- 92 hereditary peers.
- Party leaders still appoint, not independent experts.
- Reduce numbers (over 800).
12
Q
Failures of devolution?
A
- 2014 referendum in Scotland only narrowly won.
- NI 1998 Act will need amending after Brexit.
13
Q
2017 Burns Report?
A
Reduce number of peers cause it is costly with over 800 atm.
14
Q
West Lothian question?
A
Why should Scottish MPs be able to vote on English matters at Westminster, when English MPs cannot vote on matters devolved to the Scottish Parliament? EVEL procedure. Problematic because devolution hasn’t gone far enough.
15
Q
Barnett formula?
A
A mechanism devised in 1978 by the then chief secretary to the Treasury, Labour MP, Joel Barnett. This formula translates changes in public spending in England into equivalent changes in the block grants for Scotland, Wales and Northern Ireland, calculated on the basis of population. Under the formula, these nations had higher public spending per person than England.
16
Q
What has happened to the power of the SNP and what does this reflect?
A
Soared since 1998 when Labour dominated. Devolution must go further.
17
Q
HRA…
A
Put the ECHR into UK law.
18
Q
What is the power of the SCOTUK regarding the HRA?
A
Can strike down secondary legislation incompatible with the HRA, but for primary legislation can only issue a ‘Declaration of Incompatibility’ due to parliamentary sovereignty.
19
Q
What is the convincing argument that SCOTUK has not restricted parliamentary sovereignty?
A
For primary legislation incompatible with HRA, SCOTUK can only issue a ‘Declaration of Incompatibility’.
20
Q
HRA success?
A
All rights in one place.
21
Q
Criticism of HRA?
A
Conservatives - post-Brexit replace with British Bill of Rights.
22
Q
Weakness of HRA?
A
2005 - government restricted free movement of suspected terrorists - to do this, they said simply that Article 5 of HRA didn’t apply to these people. HR universal?
23
Q
Why do some conservative resent ECHR?
A
Euroscepticism.
24
Q
What created the SCOTUK?
A
2005 Constitutional Reform Act.
25
What reform was dealt to the Lord Chancellor?
Previously the speaker of the Lords, government member and head of the judiciary able to appoint justices. CRA 2005 simply made it a government role with a new Lord Speaker role and Lord Chief Justice another. Split the role in 3. Made the judiciary more independent - now longer controlled by government officer.
26
How did the appointment process for senior judges change with the CRA and how is this good?
Senior judicial appointments were previously PM and Lord Chancellor (government). Now made an independent JAC which recommends candidates to government.
27
How could CRA go further with appointments?
Government still makes final decision on appointments.
28
Why is SCOTUK weaker than most contemporary Supreme Courts?
Cannot actually strike down legislation as we don't have a codified constitution.
29
What UK country has lower voting age?
16 in Scotland for local council elections and Scottish Parliament. 16 in Wales for local council elections and Senedd Cymru
30
Complication with devolution in NI?
Sharing a border with RoIM.
31
How to circumvent the FTPA?
2/3 in Parliament which you will almost always get e.g. 2017.
32
Recall?
2015 Recall of MPs Act is another democratising reform. 10% of constituents sign a petition and the MP is recalled.
33
Why might HRA have centralised power?
Reduced number of cases referred to ECHRM.
34
How was scrutiny of security services emboldened?
Protection of Freedoms Act 2012 - MI5 and MI6 stronger scrutiny.
Partially reversed by the 2016 Snooper's Charter (Investigatory Powers Act 2016). Liberty, a pressure group opposed it
35
When was GDPR brought into UK law?
Data Protection Act 2018.
36
When did FTPA fail and why?
BoJo in 2019 - tried 3 times to get an early election and failed to reach the 2/3 threshold so instead passed a simple majority legislation and got it done.
37
Why is FPTA doomed?
Both Labour and Tories want rid of it.
38
Example of poor legislative scrutiny?
Early Parliamentary General Election Act 2019 was law within 2 days of getting through the Commons.
39
Example of how democratisation might have failed in the regions?
Torbay - 2016 abolished mayor they got in 2005.
40
What is the problem with the expansion of rights?
Identity politics and the clash of individual versus collective rights.
41
How are rights split up in different laws?
Most discrimination-related rights are in the EA 2010. Most human rights are in the HRA 1998.
42
How are rights more insulated from parliamentary sovereignty than other laws? How can we caveat this?
We also have rights protected by the ECHR. But the ECHR isn't binding, we could bin the ECHR too.
43
3 ways the constitution protects rights well?
1. Strong commitment. All acts compatible.
2. The Equalities and Human Rights Commission can bring cases under the EA.
3. ECHR and HRA are interlocking - double lock.
44
3 ways the constitution does not protect rights well?
1. Repealing HRA is on the agenda because Tories/Reform want to leave ECHR over migration.
2. EU law on discrimination has been left behind.
3. In the name of security, many rights are being lost/deprioritised. Take ID cards after 9/11.
45
2 reasons Brexit weakened rights?
1. EU law discrimination rights etc.
2. Can leave the ECHR now we're out of the EU.
46
Is the ECHR part of the EU?
No, it was made by the Council of Europe.
47
5 arguments in favour of codification?
1. Weak protection of rights.
2. End piecemeal and undemocratic codification.
3. Clarity is lacking - what is constitutional is often poorly defined.
4. Conventions are more fragile than they look.
5. Executive power diluted.
48
2 examples that show conventions are weak?
1. People's Budget 1909.
2. 5 week prorogation BoJo 2019.
49
4 arguments against codification?
1. Consensus would be nearly impossible. Brexit was hard enough.
2. No real demand e.g. AV results.
3. Judges would be politicised.
4. British political culture depends on flexibility, which would be lost.
50
What is the real determinant of where the balance between collective and individual rights is struck?
Public opinion.
51
What happened to the proportion of peers who were hereditary before and after the 1999 House of Lords Act? Evaluation?
Fell from 56% to 14%. The remaining hereditary peers (92) were supposed to be removed, but further reform stalled in 2012.
52
What do peers have as a result of being appointed rather than election?
A degree of political independence. But less legitimacy.
53
Fundamental problem with the House of Lords?
Massive - second largest parliament after National People's Congress in China. 2017 Burns Report called for a slimming down.
54
What else, besides reductions in size, did the 2017 Burns Report call for?
Term limits.
55
Why is the religious representation in the House of Lords a problem?
Church of England membership is 12%, having fallen from 40% in 1983. Weekly church attendance is below 1 million.
56
Example of how the appointments process is still problematic?
Parties tend to appoint people who caucus with their party.
57
Problem with the idea that appointees are chosen on merit?
Michelle Mone - showed up less than 12% of the time and missed key debates, including over Brexit; had only once worked with government, in a review on small businesses in deprived areas.
58
Why might conservatives not like ECHR?
Article 8 - right to a Private and Family life - Used in Agyarko & Ikuga v UK (2017) to prevent deportation if it disproportionately disrupts family life.
59
Evidence the HRA is effective and caveat?
8 fold increase in the number of human rights cases brought before the High Court after HRA was introduced. Because ECtHR is now no longer necessary.
60
Is the ECtHR cut out by the HRA?
No, can still serve as a court of appeal e.g. for John Hirst in 2006.
61
What happened in 2005 which shows the limitations of the HRA?
Government imposed control orders, allowing authorities to suspend Article 5 ECHR rights for suspected terrorists.
62
What was the Lord Chancellor before the reforms?
Nominally the most powerful Cabinet minister, being speaker of the Lords, head of the judiciary able to appoint judges and a member of the Cabinet.
63
What two roles were invented when the Lord Chancellor was reformed?
Lord Chief Justice and Lord Speaker.
64
Evidence the Lord Chancellor still retains an element of fusion of powers?
Still the minister of justice for England and Scotland.
65
What sovereignty related argument is there that devolution should not be extended to England?
Sovereignty was maximised by devolution, since even though sovereignty was diluted, Parliament remains supreme and devolution prevented the disintegration of the union, which would've had an even greater effect on sovereignty.
66
Example which shows FTPA was ineffective even when it was in place?
522-13 vote in 2017 for an early election, including more than 75% of all Labour MPs, including those who abstained or were absent.
67
How has Recall of MPs Act been a success?
Used successfully 4 times, all in cases where the MP had expressly broken the law, or, in the case of Peter Bone in 2023, acted with severe misconduct.
68
Example which shows how devolution to cities has expanded since 2010? Evaluation?
Many cities can keep revenue from business rates e.g. Manchester in 2016. Pressure on city councils is insane, e.g. Birmingham went bankrupt. Cost of emergency housing.
69
What was the crux of the 2017 Burns Report?
Too expensive for the taxpayer.
70
What are the 4 key principles of the British Constitution?
1. Uncodified
2. Parliamentary sovereignty
3. Unitary
4. Rule of law
71
Example of where the constitution has evolved?
Rise of devolution gets rid of unitary accusation.
72
Example of parliamentary sovereignty linking to uncodified constitution?
US has constitutional sovereignty - in UK Parliament voted to join EEC with the European Communities Act 1972. Its exit with the EU Withdrawal Act 2020 shows how things have changed.
73
What is the rule of law?
The law applies to everyone equally.
74
Who said what were the 'twin pillars' of the British Constitution?
A.V. Dicey: Parliamentary sovereignty and the rule of law.
75
What are the 6 main sources of the British Constitution?
1. Statute law
2. Royal prerogative
3. Common law
4. Works of authority
5. Convention
6. International agreements
76
Example of statute law changing the constitution?
Representation of the People Act 1969 lowered voting age from 21 to 18.
77
What did the 1998 HRA do? Why is this significant?
Incorporated European Convention on Human Rights (ECHR) provisions into UK statute law - changed the constitution.
78
What other statute law could be part of the British Constitution?
EU law (since Factortame) took precedence over UK law.
79
Significance of common law?
Criminalising murder - no specific statute law but legal precedence shows it is a crime.
80
What is legal precedence?
When the court sets a standard which becomes a hallmark of the constitution.
81
Example of royal prerogative and evaluative comment?
September 2019 - BoJo's prorogation of Parliament unanimously struck down 11-0 by SCOTUK.
82
Who is helped by the royal prerogative?
The executive - there is a clear link between the executive and the monarchy e.g. BoJo's prorogation of Parliament.
83
Some prerogative powers that realistically lie with the PM?
Appointing ministers, international treaties and calling general elections.
84
Example of a convention?
Salisbury-Addison Convention 1945: Lords agreed not to veto Labour legislation, a precedent that has led to the role of the Lords evolving from a legislative chamber to more a chamber of scrutiny.
85
Most important convention?
Royal assent - last withheld 1707.
86
Are conventions important?
Yes - uncodified constitution - if they weren't there it would be bad.
87
Example of a work of authority?
Erskine May's 1844 Parliamentary Practice - last published 2019 and still used by the speaker. JRM alleged to have memorised.
88
Example of Parliamentary Practice being used?
In 3/2019 Bercow used a 1604 convention to prevent May from raising her Brexit deal a third time in that particular parliamentary session - did this precipitate her downfall?
89
Issue with works of authority?
E.g. Cabinet Manual 2010 - initiated by Brown and followed by Cameron. Some would argue a handicap on political power and made by a select few e.g. were the Lib Dems involved?
90
First milestone in the development of the constitution and how significant?
1215 Magna Carta: 63 clauses including a right to a fair trial and the advent of the rule of law. Limited significance because it did not concern ordinary subjects, only barons, and only 4 of the 63 clauses remain today.
91
What was the second milestone in the development of the constitution and its significance?
Bill of Rights 1689: Significant because gives Parliament the power of the purse (tax veto) and parliamentary privilege, as well as fixed term parliaments. Established parliamentary sovereignty.
92
What is the significance of the 1701 Act of Settlement?
Parliament once again handicaps the power of the monarchy by securing Protestant succession, essentially overtaking the monarchy.
93
What are the Parliament Acts?
1911 act is passed banning vetos on money bills and limiting veto to 2 years for all other laws. 1949 a supplementary law reduces the veto to 1 year.
94
What is the European Communities Act 1972?
300 hours of debate and passed by an 8 vote margin. Significant because parliamentary sovereignty now limited.
95
How many constitutional bills did New Labour introduce in the first parliamentary session?
12.
96
Why did the House of Lords need modernising? How has this taken place?
Unelected, unrepresentative... House of Lords Act 1999 - all but 92 hereditary peers purged.
97
What is 'unfinished constitutional business'?
Lords unelected.
98
Issue of the judiciary in UK constitution and how it has been addressed?
Law Lords - judicial independence and separation of powers under scrutiny. Constitutional Reform Act 2005 - created a separate SCOTUK.
99
Example of how Lords reform has not gone far enough?
2012 House of Lords Reform Bill - 91 Tory MPs (1 less than number of hereditary peers left in Lords) voted against a bill to make the house 80% elected.
100
Issue with the monarchy? How it has been resolved? Has it gone far enough?
Succession to the Crown Act 2013 - the eldest child of the monarch can be monarch irrespective of gender, and you can marry a Catholic. Still can't be catholic.
101
How did House of Lords reform continue?
House of Lords Act 2014 - peers can resign or retire from their seats, and allowed for expulsion for serious crimes or non-attendance.
102
How has the constitution evolved away from unitary power?
1997 Referendums Act and Scotland/Wales/NI Acts 1998 - devolved assemblies.
103
Another example of how the constitution has evolved away from unitary power?
GLA Act (Greater London Authority) 1999 - directly elected mayor in London (LGA 2000) allowed for other cities.
104
1 other area the constitution has reformed towards greater democracy?
Police Reform and Social Responsibility Act 2011 - direct election of Police and Crime Commissioners.
105
2 caveats on the constitution's increased democratisation?
1. 2011 FTPA overturned
2. 2011 AV referendum defeated.
106
What is the main way the constitution has reformed towards greater human rights?
1998 Human Rights Act: ECHR into UK law.
107
2 other ways human rights have been safeguarded in the evolving constitution?
1. Freedom of Information Act 2000 - citizens have a right to most information.
2. Equality Act 2010 - 116 individual measures condensed to combat inequality.
108
Failure of FoI?
40% answered in full.
109
Success of FoI?
Popular - July-September 2020 over 11,000 requests and helped expose 2009 MP expenses scandal.
110
What is the FTPA 2011?
Removed the prerogative right of the PM to request an election at will by asking the monarch, which was always approved. Act is redundant.
111
2 main failures of increased democratisation?
1. Most cities rejected the idea of having their own mayors when cities were asked the question in a referendum.
2. AV vote failed in 2011.
112
How has landmark legislation helped human rights in the UK?
Renewed focus on human rights e.g. HRA 1998 or EA 2010.
113
Example showing how popularity of devolution has increased?
50.3% in 1997 Wales referendum.
114
Failures of devolution?
1. 2004 Northeastern assembly overwhelmingly rejected.
2. Devolution failure in NI.
115
Major success of devolution in NI?
Ended the troubles.
116
2 laws regarding rights?
1. 1998 HRA - most major human rights provisions.
2. 2010 EA - most anti-discrimination law.
117
How else are human rights protected besides HRA?
Interlocked with ECHR.
118
2 ways the Constitution protects rights well?
1. HRA and ECHR mechanisms are strong.
2. The UK has a strong framework for protecting rights.
119
5 ways rights are under threat in the UK?
1. There is little political consensus around specific human rights.
2. Brexit removes EU law around rights for migrants/labourers.
3. Anti-terror law conflicts with human rights.
4. Socioeconomic rights poorly protected.
5. Euroscepticism - 'foreign courts' blamed.
120
How could rights be undermined?
Repeal HRA and withdraw from ECHR (which has been suggested over Rwanda).
121
Who made ECHR?
Council of Europe.
122
Evidence that shows that the government is protecting rights well?
Between 1966 and 2010 only 1.3% of cases brought to ECHR in Strasbourg was the UK found to be violating the European Convention on Human Rights.
123
6 reasons to codify the constitution?
1. Clarity on conventions and norms.
2. Rights better protected.
3. Executive power checked.
4. Devolution would be protected.
5. Osmotherly rules and piecemeal codification would stop.
6. Conventions are fragile.
124
What are the Osmotherly Rules?
Written in 1980, revised 2014 - guidance for civil servants before select committees.
125
4 arguments against codification?
1. Flexibility good.
2. Agreement unlikely.
3. Unpopular.
4. Sovereignty of Parliament.
126
Example of a widespread individual vs collective rights issue?
Faith vs LGBTQ.
127
3 examples of collective and individual rights in conflict?
1. Uber drivers.
2. FGM.
3. Ashers Bakery.
128
Ashers Bakery and who won?
In October 2018 Ashers Bakery bakers were found not guilty of discrimination for refusing to make a cake that said 'support gay marriage' - individual rights over collective rights.
129
What is FGM?
Female Genital Mutilation Act 2003 requires all suspected cases to be reported to police immediately. Individual rights of the child obviously supersede that of the community.
130
What happened with Uber drivers?
2016 - 2 Uber drivers sued Uber over being employees, not self-employed. Rights of collective Uber drivers won and they got employee status.
131
Example of individual rights winning against collective rights?
2004 - courts ruled indefinite detention of suspected terrorists was illegal.
132
Do collective rights always win over individual rights?
No, it is a very mixed picture.
133
What does collective rights mean?
Rights that lie with groups of people.
134
What is the rule of law?
Law applies equally to all.
135
What is statute law?
Passed by Parliament and received royal assent.
136
Example of how the royal prerogative really helps the executive that isn't BoJo?
Home Office - the Home Secretary is responsible for issuing passports under prerogative powers.
137
What is Salisbury-Addison specifically?
Manifesto promise legislation will not be vetoed by the Lords.
138
What if royal assent were withheld now?
The country would explode. There would be a constitutional crisis.
139
How did a work of authority embolden the Cabinet?
Walter Bagehot's The English Constitution 1867: Cabinet fastens the executive to the legislative and is hence the most powerful institution of state.
140
What is a people's peer?
A kind of life peer, nominated by HOLAC and crossbench.
141
Caveat to the Succession to the Crown Act 2013?
Only applies to those born after October 2011.
142
When did PR get introduced for EU elections?
1999.
143
Why was the low turnout in the 2012 PCC elections even worse?
It was the first time they had been run.
144
What was the vote in the AV referendum?
68% against, 32% in favour.
145
What was the actual rule in the FTPA?
2/3 support before an early election can be called.
146
When were further devolved powers transferred?
Wales and Scotland - 2006, Scotland - 2016, Wales - 2017.
147
What is the main theme in UK constitutional development?
Decentralisation of power from the monarch to Parliament and the general citizenry.
148
When does the constitution begin? Why?
Magna Carta 1215: Although limited in scope, it is the first formal caveat to royal power.
149
When did Parliament become sovereign over Scotland, Wales and Ireland? When did this end?
Has always been sovereign over Wales.
150
What is the main theme in UK constitutional development?
Decentralisation of power from the monarch to Parliament and the general citizenry
151
When does the constitution begin? Why?
Magna Carta 1215
## Footnote
Although limited in scope, the Magna Carta is the first formal caveat to royal power.
152
When did Parliament become sovereign over Scotland, Wales and Ireland? When did this end?
Has always been sovereign over Wales but gained sovereignty over Scotland after the Act of Union in 1707 and with Ireland in an Act of Union of 1801. Devolution dented it, but PARLIAMENT IS STILL SOVEREIGN.
153
Which constitutional development established the precedent that royal power is reliant on the consent of Parliament?
Bill of Rights
154
How did the ECA conflict with parliamentary sovereignty and caveat?
EU law was supreme to UK law under the Treaty of Rome, and this was reinforced by Factortame.
## Footnote
This was known as 'CONTINUING SOVEREIGNTY' since membership of the ECA was completely voluntary, and withdrawal was always possible (and subsequently achieved in 2020).
155
Who did Factortame?
1991
## Footnote
The House of Lords Appellate Committee.
156
Example that shows that no Parliament can bind its successor?
EWA 2020 after 1972 ECA
157
What phrase should be used when describing Parliamentary sovereignty?
'No Parliament can bind its successor'
158
What phrase is often used to describe the UK's quasi-federal nature?
A 'union state'
159
True or false - all law makes up the UK constitution
False
## Footnote
Only some law is considered constitutional, those that deal with the nature of government, politics and citizenry.
160
Why is parliamentary statute law the most important source of the UK Constitution?
Parliamentary sovereignty - cannot be overridden, ignored or bypassed.
161
Where does royal prerogative come from?
Common law
162
What often happens to conventions and an example? Caveat?
Get enshrined into parliamentary statute law.
## Footnote
2011 FTPA enshrined the principle that losing a confidence vote means the Government should resign. FTPA was circumvented by a simple majority with a 2019 law.
163
When was FTPA repealed?
2022 - not 2019, when it was temporarily repealed.
164
What examples of treaties are there that the UK has entered that have entered the constitution?
1992 Maastricht Treaty which established the EU.
165
Example of how Magna Carta is outdated?
Some weird clauses like Clause 23 which says that towns are only forced to build bridges over rivers if they have an ancient obligation to.
## Footnote
And some outdated ones like Clause 54 which says that men can only be imprisoned for murder on the appeal of a woman if they are the woman's husband.
166
When was the ECHR signed, when did it come into force?
Signed 1951
## Footnote
Entered force 1953.
167
Example of how ECHR is contentious?
Contains a right for life in Article 2, which Polish President Andrezj Duda used in 2020 to uphold a controversial abortion ban.
168
When did the ECJ gain jurisdiction in the UK?
1973
169
What is the Data Protection Act 1984?
A law enhancing rights that protects data held by public organisations.
170
2 examples of HRA in force? Caveat?
1. Abu Qatada, a Jordanian national with suspected links to a terrorist organisation, was saved from deportation in 2012 because evidence in his trial was obtained by torture.
2. Hillsborough Inquiry was invoked by the HRA.
## Footnote
Abu Qatada was deported anyway in 2013, and government has defied ECHR before.
171
Example of how individual rights predominating over collective rights could lead to decreased security?
After 9/11, some extradition was ruled illegal under HRA. But surely this is a threat to the collective rights of liberty and security.
172
Most important principle set by Magna Carta?
No one, including the monarch, is above the law.
173
Example which shows that the House of Lords generally has more expertise than the Commons?
Lord Norton - a politics professor and constitutional expert - is in the Lords.
174
Example which shows that the Lords often spend longer debating bills?
EU Withdrawal Act 2018 - 112 hours in the Commons and 160 in the Lords.
175
Evidence that suggests that House of Lords Act 2014 is insufficient?
Despite widespread condemnation, Lord Lebedev was approved by BoJo in 2020 and has not been removed.
## Footnote
Boris personally ignored intelligence warnings about Lebedev's father being a KGB informant.
176
What percentage of Lords only attend rarely and evaluation of 2014 House of Lords Act?
18% attend less than 20% of sittings.
## Footnote
You can only be removed for non-attendance for failing to attend a single sitting for a full parliamentary session.
177
Evidence that rights are more threatened than ever in the UK?
ECHR has been used by various advocates to protect migrants from deportation.
## Footnote
So Jenrick has advocated leaving the ECHR, Tugendhat advocated 'reforming' it, and Badenoch has not said anything, because she wanted to win.
178
Dual federalism and cooperative federalism are often referred to as…
MARBLE CAKE federalism (cooperative) and LAYERED CAKE (dual)
179
Significance of Shield Laws for federalism?
States can pass a law that no one may be convicted for something legal under their laws but illegal in another state - used in Massachusetts to authorise mailed abortions. This could violate the full faith and credit clause of Article 4, but as of 2025 the SCOTUS has not intervened
180
Shield law example
2025 - Economist reports that abortions have risen in Mississippi since the abortion ban
181
Why was EVEL ineffective?
Had to be voted on by UK Parliament in the third reading anyway. Abolished 2021 after being suspended in 2020.
182
Control orders over time
Involves restrictions on free movement and other rights
1. Passed in 2005 with POTA
2. In 2006, Justice Sullivan ruled them illegal, and an "affront to justice". But they remained in place.
3. In 2009, further challenges were taken against control orders which required that suspects were given enough information about their control orders for their lawyers to be able to do something with this information
4. In 2011, they were replaced with TPIMs, which were less restrictive.
