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Politics Paper 1 > Chapter 1 - Historial Context Of The Uk Political System > Flashcards

Chapter 1 - Historial Context Of The Uk Political System Flashcards

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1
Q

How did the Witan develop politics in the UK?

A

They advised the king on taxation and military matters and also decides who should be king

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2
Q

What did the Witan establish?

A

The king of England should consult with the lords before taxing and command the people

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3
Q

How did the principle of trial by jury develop politics politics in the UK?

A

Any noble accused of a crime should be tried by a jury of peers and the king would determine the sentence and guilt was decided by fellow lords

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4
Q

How was guilt determined elsewhere in Europe?

A

Trial by ordeal

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5
Q

What was the principle of habeas corpus and how did it contribute to UK politics?

A

A prisoner has the right to appeal to the courts against unfair or illegal detention- even lowest ranked citizen could appeal

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6
Q

How was England ran from the battle of Hastings in 1066 until the signing of the magna carter in 1215?

A

Feudal system- king owned all the land and everyone swore an oath of loyalty to him

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7
Q

How did the feudal system work?

A

King would give the land to the nobles who would use knights to manage it for the king. In return, nobles would supply an army to the king

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8
Q

How was it worked out how much money nobles owed to the king in the feudal system
?

A

Kings chancellor would use a chequered mat hence ‘chancellor of the exchequer’

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9
Q

How was the mostly an absent monarch under Norman and Angevin rule?

A

Most kings were also lords in France, owning Normandy, Anjou and Aquitaine with kings leaving chief ministers to run England when they were away

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10
Q

What did the absence of the monarch mean in court and what did it result in?

A

He could not be relied on to preside over court proceedings and dispense justice- would appoint justices of the peace, or judges who would travel the country and hear cases on behalf of the crown

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11
Q

What did the absent monarch mark in England?

A

Marked the beginning of English legal system

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12
Q

By 1214 how had the issues with king John being ineffective and ruthless come to a head?

A

Barons of England revolted against the king. Nobles referred to Anglo Saxon principles of the Witan and habeas corpus - even offered the crown to Prince Louis of France

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13
Q

What did the revolt lead to against king John?

A

The defeat of the monarchy and John was forced to sign the magna carter at Runnymede in Berkshire

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14
Q

What did clause 1 of the magna carter involve?

A

The freedom of the church from royal interference

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15
Q

What is clause 12 of the magna carter?

A

The king could not raise tax without the consent of the people

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16
Q

What is clause 29 of the magna carter?

A

Right to due process in the law was guaranteed

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17
Q

What was clause 39 of the magna carter?

A

Right to trial by jury was guaranteed

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18
Q

What was clause 40 of the manga carter?

A

Justice had to be free and fair

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19
Q

What was clause 61 of the magna carter?

A

The nobles could select a committee of 25 to scrutinise the actions of the king

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20
Q

What did magna carter pave the way for?

A

The first part of the UK’s constitution and established the first formal limits to the power of the monarchy and paved way for creation of parliament

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21
Q

How was the House of Lords effectively created?

A

nobles had the right to be consulted on the kings demands for tax to defend England, the right to air their grievances and the right to a committee to scrutinise the king

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22
Q

how was the House of Commons effectively created?

A

in 1275, King Edward I required money to fight against Scotland. Knowing the Lords would object, he sent out writs demanding each shire to elect two representatives from amongst town officals

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23
Q

why is it called the ‘Commons’?

A

not being noble, the knights and burgesses were classified as ‘commoners’?

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24
Q

how did the Palace of Westminster effectively become parliament?

A

the Lords and Commoners met to parler with the monarch at Westminster Hall.- the concept of parliamentary democracy began

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25
what did parliament do in 1327 following a period of civil war?
King Edward II was formally removed by parliament on the basis that his personal faults and weak leadership led to disaster in England
26
who did Parliament decide to replace him with and what is the importance of this?
his son Edward III- established that the monarch was answerable and could be removed by parliament - accountability
27
where does sovereignty usually lie?
in the constitution especially if it is codified (US)
28
how did the idea of parliamentary sovereignty begin?
King Henry VIII
29
how did King Henry VIII introduce parliamentary sovereignty?
to justify his break with the church in Rome across England and Wales, he used legislation/ Acts of Parliament, saying the changes were approved by the will of the people therefore should be respected
30
how was it approved by the will of the people?
he forced the members of parliament to pass the acts he wanted but his repeated statements were that parliament had the power to approve the actions of the king
31
when was the monarchy and parliament clash?
between 1603 and 1642 when tensions increased over who held power
32
how did tensions come to a head?
the king declared war on parliament
33
where did the main factors of the English civil war come from?
conflicts between king Charles I, who believed he had divine right to run the country how he wanted and parliament who believed the king had to consult them first?
34
who won the English civil war and what did it result in?
parliament when the royal force were defeated at Naseby. Parliament put King Charles I on trial as a traitor and ruled his guilt and execution
35
what happened from 1653-1658?
England was ruled as a republic under strict military rule from Oliver Cromwell- proved unpopular so when he died parliament elected to restore the monarchy with limited power
36
what happened in the year 1660?
restoration of the monarchy, under Charles II then his brother James II- was passed by parliament meaning they decided to accept Charles II as legitimate king
37
however, what still created tensions in parliament?
Charles and James both attempted to rule as absolute monarchs with divine right
38
what happened in 1688?
invasion of William of Orange, who claimed the English throne through his wife Mary- Glorious Revolution
39
after King James I resignation, what did parliament create while debating whether to make William of Orange king?
drafted a declaration of rights which was presented to William and Mary when they were offered the crown and was read aloud at their coronation
40
what happened to the declaration of Rights in 1689 and who was it heavily influenced by?
modified and placed on the statute book as the Bill of Rights - philosopher John Locke
41
what did philosopher John Locke believe?
the government existed as a result of an agreement between the people and the monarch
42
what was the effect of the suspension or execution of laws without parliamentary consent was made illegal?
only parliament could pass or remove laws
43
what was the effect of the levying of money for the crown through prerogative and without consent of parliament was made illegal?
only parliament could raise money for government expenditure
44
what was the effect of subjects were given the right to petition the king?
people could complain to the monarchy through parliament
45
what was the effect of raising or keeping an army in peacetime, unless by the consent of parliament, was made illegal?
only parliament could raise and maintain an army during peacetime
46
what was the effect of members of parliament must be elected in free elections?
the principle of free elections away from government influence was established
47
what was the effect of impeachment or questioning of debates and proceeding in parliament was made illegal in any court or place outside of parliament was made illegal in any court or place outside of parliament ?
parliamentary privilege of being able to say things in the chamber of the House without fear of persecution was established, in order to allow full and open debate
48
what was the effect of imposing bail or excessive fines was made illegal alongside cruel and unusual punishments?
judicial power of the monarch was made limited and the court system could not be abused by the executive
49
what was the effect of parliament were to be held frequently?
the monarch could not simply ignore parliament by refusing to call it
50
how was the Bill of Rights a major milestone in the development of the UK's constitution?
removed power from the monarchy and established parliamentary sovereignty
51
how were there also problems with the bill?
rights were vague and reinterpreted, definition of free elections was unclear, as statute law it could be repealed or replaced by future parliament, no formal procedure for removal of monarch and monarch still held some enormous powers over war and foreign policy
52
when was the Act of Settlement and how did it come about?
1701- William III nor his heir Queen Anne would have any children the succession should have gone to one of the heirs of James II or Charles I
53
However what was the issue with these heirs?
they were Catholic and Protestant Westminster parliament objected to this
54
how did the Act of Settlement solve the succession issue?
parliament decided to offer the throne to George of Hanover as he was the closest relative who wasn't catholic
55
what is the significance of this?
when George became king in 1714, it was as a result of parliament , not divine right or inheritence
56
what did the act of settlement say about judges?
they cant be removed without the consent of parliament
57
what did the act of settlement say about royal pardons?
they were to be irrelevant in cases of impeachment
58
what did the act of settlement say about the monarch taking England into war?
couldn't do it without the consent of parliament
59
what did the act of settlement say about the privy council?
the monarch couldn't make decisions alone and had to consult the full privy council
60
what did the act of settlement say about members of the privy council?
no foreign born man could join the privy council, sit in parliament, hold military command or be given lands or titles in Britain
61
what features do the monarch have to have?
the monarch had to be a member of the church of England and couldn't be catholic or married to a catholic
62
what provision did the act contain after the death of Queen Anne?
"no person who has an office or place of profit under the king, or receives a pension from the crown, shall be capable of serving as a member of the h of c"
63
what would happen if the act of regency had not been repealed in 1706?
the UK would have seen a strict separation of power and the idea of cabinet government would not have become established
64
after the act of settlement, what did anyone appointed to the cabinet have to do?
they had to resign their seat to the commons and stand in a by-election, a practice that continued till 1918
65
what did this mean about the power of the monarch?
the monarch then later PM, was limited by fear of losing by-election
66
what did the act also establish about the monarch choosing ministers?
could only choose ministers who could command a majority of support across both Houses of Parliament
67
when did England and Wales join as one country?
since the conquest of Wales by Edward I in the 1270's, from then on it was politically ran by Westminster creating 'Britain'
68
when was Scotland independent until?
1707
69
how was stability brought to anglo- Scottish relations from 1603?
James VI of Scotland became James I of England. the two kingdoms were legally separate but shared same head of state
70
when and how was the irish brought under control?
in 1155 Pope Adrian offered the crown of Ireland to king Henry VIII if he could bring irish under control
71
how were all kings of England formally made also kings of Ireland?
King Henry VIII began the subjugation of Ireland , first by persuading the Irish parliament to pass the crown of Ireland act in 1542
72
how are all these events significant by the start of the 18th century?
the same monarch ruled the three separate kingdoms, but England (and Wales), Scotland and Ireland all had separate parliaments
73
in 1698 and 1699 what did Scotland attempt to do?
establish its own colony in Panama in the Gulf of Darian- it was disastrous and bankrupted the country
74
urged on by King William III what was Scottish Parliament forced to do?
accept the terms of the English Parliament that would give Scotland a limited voice in Westminster or face threats of financial disaster
75
when did Scotland, then Britain pass the act of union?
in January 1707, then Britain in March, accepting jurisdiction over Scotland and Scottish representation in parliament
76
what did the acts of union do?
dissolved the Scottish Parliament and when first unified parliament met in Westminstert on may 1707, new country of Great Britain was formally recognised by statute
77
what happened with Ireland in 1782?
Ireland gained legislative independence from Great Britain with its own constitution
78
what led to the Catholic uprising in 1798?
only Protestants could hold political power, meaning the Catholic majority was largely excluded
79
what happened with the 1798 Catholic uprising?
an appeal to the French to invade the country. The uprising was suppressed
80
due to the threat of invasion, what did Great British Parliament and Protestant Parliament of Ireland agree and when?
1800, Westminster passed the Union with Ireland act and followed the passage of Act of Union by British parliament on August 1
81
when did the act come into effect and what did they introduce?
1 January 1801, introduction of 32 Irish peers to the House of Lords and 100 new Irish MP's to whom had to be Anglican
82
what did the Government pass in 1920 and why
Government of Ireland Act to create two Irish regions with 'Home Rule'- the six north-eastern countries formed northern Ireland and the rest of the country formed southern Ireland
83
what happened in 1921?
the Anglo- Irish treaty was signed by the British Prime Minister, David Lloyd George, to formally create the Irish free state
84
how was the status of the Lords as the upper chamber being challenged in the rising democracy of the UK?
Lord Salisbury stepped down as PM in 1902, becoming the last person to serve as PM while sitting and the lords
85
in 1888 what had the Lords lost power to?
the new county councils, which took over the role of running the shires
86
how di opposition grow against the Lords?
the Lords had inbuilt Conservative majority, thanks largely to hereditary peerages, and could block any measures taken by reforming parties
87
what happened in 1909 that would have directly impacted on the Lords?
the Lords defeated the Liberals Party's ' Peoples budget' because revenue was to be raised by taxes on land and inheritance in order to fund welfare programmes
88
what happened in January 1910, which accordingly passed the People's budget through both chambers?
the liberals appealed to the country and won a decisive general election based on their financial measures
89
what did prime minister Herbet Asquith introduce in 1910 that would prevent the Lords from ever again rejecting a proposal that had been voted through the Commons?
a bill that would: give the Commons exclusive powers over money bills, allows the Lords to delay bills for two years only and reduce the duration of parliament from 7 to 5 years
90
when the Liberals secured the general election in December 1910 what did they pass in 1911?
the parliament acts,
91
what did the 1949 act of parliament result from?
conflict between the Labour government of Clement Atlee and the conservative dominated House of Lords which spoke out against the nationalisation in Attlee's government
92
why did the Labour controlled Commons try to pass a new parliament act in 1947 and what would the act entail?
to prevent the Lords from blocking the Iron and Steel act- would reduce the time Lords could delay legislation to 1 year
93
what events happened after Atlee tried to pass a parliament act in 1947?
the Lords voted against it and after 2 years the commons invoked the 1911 act to bypass the Lords and force through the legislation
94
why did the Countryside Alliance claim the 1949 acts of parliament where invalid in 2004?
the act didn't have consent of the Lords and was invalid on the common law principle that a delegate cannot enlarge his pwer
95
how did the Judiciary reject the claim from the countryside alliance?
the Parliament Act 1949 is statute law and takes priority over other forms of law
96
what did the European Communities Act 1972 allow the UK to join?
the European Economic Community, the European Coal and Steel community and the European atomic energy committee
97
what did law from the EEc becoming part of domestic law in the UK mean?
laws passed by the EEC would take effect in the UK, without the need to pass new statute laws and parliamentary approval- EU law had priority over UK law
98
what did the EEC mark?
the first time since Queen Anne vetoed the Scottish Militia Bill in 1708 that another institution took priority over parliament
99
what are arguments for joining the EEC threatening parliamentary sovereignty?
EU law took priotiy over statute law, statute law could be struck down Factortame case eg

Politics Paper 1 (8 decks)

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