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A-Level Politics Paper 2 > 1. The Constitution > Flashcards

1. The Constitution Flashcards

1
Q

Constitution

A
  • Contains laws, rules and ideologies used to govern a nation
  • Sets out how the Political system works and where power lies
  • It also defines the functions and powers of the government as well as the citizens of that nation
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2
Q

What type of constitution is the UK’s?

A

Uncodified constitution

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3
Q

Uncodified constitution

A

Constitution where the laws, rules and ideologies used to govern a nation are not contained in a single document

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4
Q

Which key historical documents have helped develop the UK constitution?

A
  • The Magna Carta - 1215
  • The Bill of Rights - 1689
  • The Act of Settlement - 1701
  • The Acts of Union - 1707
  • The Parliament Acts - 1911,1949
  • The European Commuunities Act - 1972
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5
Q

Outline the Magna Carta

A

Agreement between King John and Barrons, which states no one should be deprived of liberty or property without due process of law

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6
Q

Outline the Bill of Rights

A

Passed by Parliament in reaction to arbitrary rule of King James II. His successors, William III and his wife affirmed the rights of parliaement when they accepted the throne. The Bill of Rights included provisions for regular parliaments, free elections and freedom of speech within Parliament

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7
Q

Outline the Act of Settlement

A

This act was motivated by a desire to exclude James II and heirs from the throne. The act established the right of Parliament to determine the line of succession to the throne

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8
Q

Outline the Acts of Union

A

Placed England and Scotland under one parliament based in Westminster - Until Tony Blair passed legislation to set up Scottish parliament once again

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9
Q

Outline the Parliament Acts

A

1911 - Affirmed the Lords could delay money-bills and that the power of veto was replaced with a two year delaying power
1949 - Act reduced the delaying power from two years to one year

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10
Q

Outline the European Communities Act

A

Established the principle that EU law would take precedence over UK law if a conflict occured

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11
Q

What is the nature of the UK constitution?

A
  • Uncodified
  • Unentrenched
  • Unitary
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12
Q

Unentrenched

A

Can be amended more easily than if it were entrenched - All it needs to be ammended is a majority vote in parliament + Gives more flexibility

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13
Q

Unitary

A

A political system where sovereignty is contained in a single place

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14
Q

Who identified the ‘twin pillars’ of the UK Constitution?

A

A.V Dicey

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15
Q

Twin pillars of the UK Constitution

A

Two key principles of the UK constitution:
1. Parliamentary sovereignty
2. Rule of law

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16
Q

Parliamentary sovereignty

A
  • The principle that Parliament can make, ammend or unmake any law
  • No Parliament can bind it’s successor or be bound be its predecessors
  • Legislation proposed by a government cannot be struck down by a higher body like a constitutional court

*Supreme court can interpret an act of Parliament but cannot overturn it

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17
Q

EXAMPLE
Parliamentary sovereignty - Parliament can make a law on any subject

A

In the 1960s major social changes were made, as abortition and homosexuality were legalised and the death penalty was ebolished

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18
Q

EXAMPLE
Parliamentary sovereignty - No Parliament can bind its successors or be bound by its predecessors

A

In 2003, Parliament repealed act 28 of the 1988 Local Government Act, which said it was illegal for local authorities of schools to intentionally promote homosexuality

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19
Q

Why do countries tend to adopt codified constitutions?

A

After significant political changes in a nation’s history, for example: after a revolution a codified constitution may have been established by a nation
+ They often mark a new beginning

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20
Q

Did England ever have a codified constitution?

Why did it not last?

A

England did have a codified constitution after the death of King Charles I, (they actually had two)

Following Charles’ execution a military leader named Oliver Cronwell became Lord Protector of the Realm When he died, his son became the new Lord Protector. However, he lacked his father’s standing and the republic soon fell apart - The monarchy was restored in 1660 and King Charles II, was invited to take the throne –> With this, the old constitution was restored

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21
Q

Why was the signing of the Magna Carta significant and how did it help to establish the rule of law?

A
  • The signing had huge symbolic significance as it was the first time a King agreed their power could be limited by the people
  • Different clauses in the Magna Carta helped establish the rule of law, such as clause 39 and clause 40
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22
Q

Why is the Bill of Rights such an important part of our uncodified constitution?

A

It was when constitutional supremacy was transferred from the monarch to Parliament

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23
Q

Outline clause 39 and 40 of the Magna Carta

A

Clause 39 - The right to trial by jury was guaranteed
Clause 40 - Justice had to be free and fair

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24
Q

Rule of law

A
  • One of the ‘twin pillars’ and one of the key principles of the UK constitution
  • The principle that all people and bodies, including the government must follow the law and can be held accountable if they do not
  • No one should be punished unless they have breached the law - Laws should be transparent and should not be applied retrospectively
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25
Q

Why did Parliamentary sovereignty make the adoption of a codified constitution less likely?

A
  • Parliamentary sovereignty means that Parliament can make or unmake any laws
  • Meaning it is impossible to entrench higher laws in a codified constitution - As this means laws are difficult to be ammended, which defeats the point of Parliamentary sovereignty
  • Parliament also have constitutional supremacy and therefore the constitution is essnetially whatever they say it is - Also, a codified constitution would as mentioned make them less sovereign, meaning they would never reform to a codified constitution - As it would essentially give them less power
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26
Q

What are the 5 main sources where the UK constitution can be located?

A
  • Statue law
  • Common law
  • Treaties
  • Conventions
  • Authoratitive works
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27
Q

Statute law

A

Laws passed by Parliament

  • Not all laws are constitutional - Only those that affect the political system and citizen’s rights
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28
Q

Give an example of statute law

A

1988 Scotland Act, Government of Wales Act and Northern Ierland Act

Created devolved legislative bodies who were given certain powers, previously held by Westminster

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29
Q

Which of the areas where our UK constitution can be found are legal sources and which are non-legal sources?

A

Legal sources:
* Statute law
* Common law
* Treaties

Non-legal sources:
* Authoratitive works
* Conventions

30
Q

Common law

A
  • Legal decisions made by judges
  • The UK judiciary uses a principle of precedence; meaning that once a decision has been made in one case, similar cases will be considered in the same way
31
Q

Treaties

A

Formal international agreements between countries that are usually negotiated by Government officials and ratified by Parliament

32
Q

Give an example of a treaty

A

Treaty of Ascension - 1972

Signed by PM Edward Heath; allowed the UK to join the European Economic Community in 1973, (now called the European Union)

33
Q

Authoratitive works

A

Works written by experts about how a political system is operated - They are not legally binding but are used as a significant guide

34
Q

Conventions

A

Traditions, not contained in law that are influential in the operation of a political system

35
Q

Why was there pressure to reform the UK constitution in the 1990s?

A
  • Demands for modernisation
  • The experience of Conservative rule, 1978-1997
36
Q

Outline demands for modernisation as an act of pressure to reform the constitution

A
  • Blair’s government wanted to reform in order to modernise British institutions
  • ‘New Labour’ were more open to the demands of pressure groups, such as Charter 88, who wanted to make changes to democracy and citizens rights, (which means that changes would be made to the constitution)
  • Blair thought he would need the support of Liberal Democrats, as they were also committed to constitutional reform
37
Q

Outline the experience of Conservatives rule, 1978-1997, as a pressure to reform the constitution

A
  • Conservative government refused to undertake measures to reform the constitution
  • This built-up pressure for change, especially in Scotland - As the population felt ignored by a distant government in London
38
Q

Between 1997-2010, the Labour government focused on five major areas to reform.

What were they?

A
  • House of Lords reform
  • Electoral reform
  • Devolution
  • The Human Rights Act
  • The creation of the Supreme Court
39
Q

House of Lords reform

A
  • 1999 House of Lords Act removed all but 92 hereditary peers
  • Changed composition of the house, as there were now more life peers
  • This reform was meant to be two stages, but the second stage never occured
40
Q

Devolution reform

A

Devolution was a result of multiple referendums

These referendums, then led to the:
1. Scotland Act 1998
2. Government of Wales Act 1998
3. Northern Ireland Act 1998

These acts gave local representation to these areas

41
Q

The Human Rights Act

A
  • Human Rights Act passed in 1998
  • Enshrined European Convention on human rights into UK Law
  • Meaning human rights could be defended in the UK, rather than going to the European Court of Human Rights, in Strasborg
42
Q

Should reforms relating to the Human Rights Act be taken further?

Argue that they should

A
  • Could be taken further by entrenching HRA, thus, creating, ‘British Bill of Rights’
  • In 2001 Anti-terrorism, Crime and Security Act stated suspected terrorists could be detained withouth charge
  • This negatively impacted minority citizens who had been profiled based on prejudice and racist assumptions
  • This act being passed hindered the human rights of thsese citizens
  • If we had an entrenched, ‘British Bill of Rights,’ then it would be more difficult to pass Acts and make ammendments - Thus, reducing the risks of legislation being enacted that could jeporadise human rights
43
Q

Should reforms relating to the Human Rights Act be taken further?

Argue that they shouldn’t

A
  • The unentrenched nature of the HRA gives the UK flexibility to adapt
  • The 2001 Anti-terrorism, Crime and Security Act was removed in 2004, showing how this flexibility allows the UK to adapt to human rights demands and make changes accordingly
  • This also allows them to modernise to society’s demands
  • In 2010, the Equality Act was introduced, which created a group of protected charactersitcs, thus, reducing work place discrimination
  • If we had an entrenched, ‘British Bill of Rights,’ there may be controvercies similar to America’s Second Ammendment; the right to bear arms, which has caused thousands of children to die during school shootings
44
Q

Should reforms relating to the House of Lords be taken further?

Argue that they should

A
  • HoL could be further reformed by becoming an, ‘Elected HoL’
  • The idea of an elected second chamber is supported by Keir Starmer, who in December 2022, announced plans to abolish the house; stating more would be revealed in Labour’s next manifesto
  • An elected chamber would result in more effective scrutiny, as the unelected nature of the Lords limits it’s ability to scrutinise
  • Members of the Lords also fail to play an active role in the UK Political landscape - According to the Byline Times, 13% of members rarely or ever attend the Lords
  • If a new chamber was elected through proportional representation, then it likely wouldn’t have a majority, meaning pary biases or a party majority in the Lords wouldn’t affect it’s ability to scrutinise legislation
  • This would mean theymore effectively challenge the current dominance of the Commons
45
Q

Should reforms relating to the House of Lords be taken further?

Argue they shouldn’t

A
  • Current appointed nature of the Lords can be seen as an advantage as life peers have an abundance of experience in their respective area of expertise
  • Ex: Baroness Brown of Cambridge Julia Elizabeth King, is an engineer and crossbencher, who is the current chair of the Select Committee on Science and Technology, meaning she will have insights into this field as an expert/engineer
  • The current power balance of the Houses is also working well
  • Ex: In 2001, ten defeats in the House of Lords, led to the government reoving the Anti-terrorism, Crime and Security Act; demonstrating that the current structure of the Lords still enables effective scrutinisation to occur
46
Q

Should reforms relating to Devolution be taken further?

Argue that they should

A
  • One problem with current devolution system is it is asymmetrical
  • This could be resolved by further reforming the system, such as by giving England their own, ‘English Parliament
  • This would allow policy preferences amongst English people to be represented, as it has been in Scotland - Ex: Scottish population are more left wing - This has been reflected in policies such as free tuitition fees and higher income tax
  • Devolution could also be further reformed by using more regional assemblies, that cover the whole of England
  • This would give regions like Cornwell and Yorkshire, who have strong regional identities, the power to handle their own regional issues
47
Q

Should reforms relating to Devolution be taken further?

Argue they shouldn’t

A
  • Little demand for an English Parliament and it would potentially create more problems than it would solve
  • In 2012, there was a referendum on whether Birmingham should have an elected mayor which was only supported by 27.67% of voters
  • More regional assemblies could also create problems with local councils as they would cover larger populations + Meaning that there may be a risk of more urban interests drowning out rural interests
  • It can also be argued that devolved bodies have failed to be effective
  • Ex: Northern Irish Parliament is frequently suspended, due to tensions and lack of compromise betweem Sin Fein and the DUP
48
Q

What are the main constitutional reforms that have occured since 2010?

A
  1. BREXIT
  2. Further devolution to Wales and Scotland
  3. Parliamentary Reforms, (Fixed Term Parliament Act 2011 + English Votes For English Laws)
49
Q

Did Brexit have a significant impact on the constitution and if so, why?

Argue it did

A
  • Yes
  • Allowed Parliament to regain full Parliamentary sovereingty as when the UK joined the EU, they accepted that EU laws had supremacy over UK laws and could therefore be struck down if there were any conflicts between the two pieces of legislation
50
Q

Did Brexit have a significant impact on the constitution and if so, why?

Argue it didn’t

A
  • EU was only soverign to a limited extent, as most legislation was made about policies relating to trade, immigration and competition policies
  • Although UK Parliament now has power to make policies and decisions on these areas, it is potentially not enough to justify leaving the EU
  • However, overall it did still have a significant constitutional impact
51
Q

Did further Devolution to Scotland and Wales have a significant impact on the constitution and if so, why?

Argue it did

A
  • 2011 referendum, which 64% voted in favour for; Wales gained primary legislative control over devolved areas
  • This led to the coalition setting up the Silk Commision to consider further Devolution
  • This led to the 2014 Government of Wales Act, which renamed the Welsh Executive the Welsh Government, as well as giving them control over 20 policy areas, without needing to consult Westminster
  • In 2014, Socttish Independence referendum, saw Scotland gain more powers, to try and disincentivise devolution, one of these powers involved the ability to control tax rises
  • This can be seen as fiscal devolution, that reduced the Parliamentary sovereignty in Westminser as well as moving them closer to devo-max + This also increases importance of West Lothian question as Scotland now had more control over policies such as raising taxation
51
Q

Did further Devolution to Scotland and Wales have a significant impact on the constitution and if so, why?

Argue it didn’t

A
  • These reforms had a minor impact on the UK constitution
  • The main constitutional changes occured in the late 1990s, specifically 1997-1998, which marked the first devolution reforms by New Labour
  • This included the Scotland Act, Government of Wales Act and the Northern Ierland Act, which were all passed in 1998
52
Q

Did the Fixed Term Parliament Act 2011 have a significant impact on the constitution and if so, why?

Argue it did

+ What is the Act

A
  • This Act meant that PMs could not call a snap election when it suited them - It now required a 2/3 majority in Parliament to support a snap election
  • This had constitutional significance, as it removed the perogative power of the PM, therefore limiting their power
  • This also helped the Liberal Democrats, at the time, as it reassured them, that David Cameron, wold not call a snap election, when it suited the Conservatives + This allowed him, to govern effectively without distraction
53
Q

Did the Fixed Term Parliament Act 2011 have a significant impact on the constitution and if so, why?

Argue it didn’t

A
  • Fixed Term Parliament Act - 2011, was argued to have limited success
  • It was then scrapped by Boris Johnson’s government in 2022
  • In 2017 and 2019 Boris Johnson was able to call snap elections by shaming the opposition to vote for an election
  • The opposition would never back down from this, as it makes them appear weak, which may decrease the confidence of voters
53
Q

Did the English Votes for English Laws, have a significant impact on the constitution and if so, why?

Argue it did

+ What are the laws

A
  • English Votes for English Laws aims to answer the West Lothian question, which questions why Scottish MPs can vote on English matters in UK Parliament, when English MPs cannot do the same in Scottish Parliament
  • These laws allowed English MPs to veto any legislation affecting only England from being passed
  • This can be seen as having significant constitutional impacts as it tackled the West Lothain question and it introduced a small aspect of English Devolution
  • Ex: These laws were implemented for 1/3 of bills used in the 2015-2017 Parliament
54
Q

Did the English Votes for English Laws, have a significant impact on the constitution and if so, why?

Argue it didn’t

A
  • Success was limited
  • Laws were said to only add complications to the legislative process and that they weren’t really effective
  • Johnson’s government scrapped these laws in 2021
55
Q

When did the UK join the European Economic Community?
+
What was the name of the treaty that enabled it to happen?

A

In 1973 the UK joined the European Economic Community

In 1972 Prime Minister Edward Heath signed the Accenssion Treaty

56
Q

2001 Anti-terrorism, Crime and Security Act

A
  • Allowed for suspected terrorists to be detained without charge
  • Due to prejudice and racist assumptions, this hindered the rights of minority citizens
56
Q

Sailsbury Convention

A

The HoL will not reject at second or third reading any government legislation promised in a government’s election manifesto

57
Q

When is an example of the Sailsbury Convention being broken?

What was the backlash?

What does this argue?

A
  • Breached in 1945
  • Resulted in the 1949 Parliament Act, which further limited the power of the Upper House
  • This argues thatalthough conventions are not entrenched, they are viewed in high regard and there is backlash when they are broken - This can be used to argue that the UK constitution doesn’t need to establish seperation of powers, (by being entrenched), as the PM is held accountable; not by law, but by the public
58
Q

Which current politician supports the idea of an elected second chamber, (HOL)?

A
  • In December of 2022, Keir Starmer announced plans to abolish the House of Lords and replace it with a Democratically elected second chamber
  • More will be revealed about these plans in Labour’s next manifesto
59
Q

One of the main arguements for why the House of Lords doesn’t need to be reformed further, is that the current nature, allows expereicned life peers to scrutinise legislation in their area of expertise.

Who is an example of a life peer in the House of Lords, who scrutinises legislation in a particular area?

A

Baroness Brown of Cambridge Julia Elizabeth King

Engineer and crossbencher, who is the current chair of the HoL Select Committee on Science and Technology

60
Q

What is an example of how there is limited demand for English Devolution?

A

In 2012 there was a referendum on whether Birmingham should have an elected mayor
Support from 27.67% of voters
Only a 58% turnout

61
Q

What is an example of a devolved body being ineffective?

A

Northern Irish Parliament is frequently being suspended due to tensions and lack of compromise between Sin Fein and DUP

62
Q

When was the 2001 Anti-terrorism, Crime and Security Act removed from the statute book

A

2004

63
Q

1988 Merchant Shipping Act

A

1988 Merchant Shipping Act stated that UK registered ships had to have a majority of British owners
Parliament were later forced to unmake this law due to contradictions with EU legislation

64
Q

1990 Factortame case

A

Law Lords ruled that 1988 Merchant Shipping Act, contradicted EU legislation
As a consequence, Parliament were forced to unmake the law
This shows the significance fo Brexit as a constitutional reform, as it restored full Parliamentary soveriengty, as Parliament would no longer be forced to unmake any laws that contradicted EU legislation

65
Q

What is an example of a bill or law, that Parliament can now make sicne Brexit, that normally would have been controlled by the EU?

A

In March 2023 the Illegal Immigration Bill was proposed

66
Q

Lothian Question

A

Questions why Scottish MPs can vote on English matters in the UK Parliament, when English MPs cannot do the same in Scottish Parliament

67
Q

West Lothian Question

A

Questions why Scottish MPs can vote on English matters in the UK Parliament, when English MPs cannot do the same in Scottish Parliament

68
Q

How often was the English Votes for English Laws used on bills during the 2015-2017 Parliament?

A

These laws were implemented in 1/3 of proposed bills during the 2015-2017 Parliament

A-Level Politics Paper 2 (7 decks)

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