Constitution Flashcards
(188 cards)
1
Q
Constitution
A
A document which spells out the principles by which a government runs.
2
Q
How has power in the UK evolved?
A
It has moved away from crown to parliament
3
Q
How is the British monarchy described and what does it mean?
A
-Constitutional monarchy
-Hold limited power according to the rule of law
4
Q
Uncodified constitution
A
one that has several sources, which may be written or unwritten. It does not represent a higher law.
5
Q
unentrenched constitution
A
means the way in the which the state is governed and the rights of the people within it can be altered.
6
Q
What does the uncodified constitution mean for the rights of citizens?
A
The rights of citizens are not written in any single document.
7
Q
Parliamentary Sovereignty
A
Parliament is the supreme legal authority in the UK, which can make and end laws
8
Q
Results of Parliamentary sovereignty
A
The rights of British people are not protected by a higher law.
9
Q
Places where peoples rights are properly protected?
A
USA
10
Q
How are British peoples civil liberties protected? 2
A
-Government should act according to the rule of law
-Independence of the judiciary from the government
11
Q
Rule of Law
A
principle that the law applies to everyone, even those who govern
12
Q
How is the UK state described and why?
A
-Unitary state
-Westminster has ultimate authority and say over every part of the
UK
13
Q
What is a federal state and example
A
-Power is shared and dispersed
-USA
14
Q
How is the unitary state if the UK challenged?
A
It is challenged by devolution as it allows power to be dispersed to different parts of the UK
15
Q
How does devolution not challenge a unitary state?
A
In theory Westminster can always reclaim power
16
Q
How has the UK constitution developed?
A
It has developed over time as a result of many different sources
17
Q
Statute Law, is it strong?
A
Laws passed by Parliament, Parliament is sovereign so there is nothing stronger than this.
18
Q
Common Law
A
A law established by following earlier judicial decisions
19
Q
Conventions
A
an unwritten (uncodified) understanding about how something in Parliament should be done, although not legally enforceable
20
Q
Example of a convention
A
Salisbury convention, Lord Salisbury accepted that the house of Lords should not use its conservative majority to wreck labours manifesto promises as they were elected.
21
Q
Magna Carta date and what is it
A
no freeman can be punished without trial
(1215)
22
Q
Bill of Rights date and what it contributes to the constitution
A
(1689)
-guaranteed further basic rights, for example, free elections
- limitations on the power of the Monarch
23
Q
Authoritative works
A
works written by scholars seen as experts in the constitution- they outline what is ‘correct’ for the UK constitution.
24
Q
Examples of authoritative works
A
Bagehot’s The English Constitution (1867)
25
What was the years of Blairs government?
1997-2007
26
What did Blair feel about the constitution? 2
-He felt that it was urgently in need of reform
-Power was too centralised in Westminster
27
What did Blairs constitutional reform
programme centre around?
-Decentralisation
-Democratisation
-Transparency
-Rights protection
28
What was Labours main aims with devolution?
Give Wales and Scotland more power of their
OWn
29
how did Scotland and Wales feel about greater independence
Scotland voted with a large majority whilst Wales voted with a tiny margin.
30
date of Northern Irish assembly vote & result
1998 voted for it with the power shared between the unionists and the republicans
31
What is the benefit of devolved assemblies?
gives the countries more suited policies
32
How did Blairs gov help individual towns and cities?
Gave them the power to elect their own mayors
33
Concern about mayoral elections? example
They have a very small turnout so this can undermine legitimacy.
- 2017 Andy Burnham, Greater Manchester, 28.9%
34
Why did Tony Blair take issue with the house of Lords?
He felt that the hereditary peers were undermining the legitimacy of the house.
35
Who was the biggest majority in the HOL before the reform?
Hereditary peers
36
When was the HOL reform?
1999
37
What was the compromise in the HOL reform?
92 hereditary peers
38
Why was the HOL act controversial?
It was meant to be a stage one but nothing was done after 1999 to introduce and elected chamber
39
Blair and electoral reform
Before the election Blair had talked about how he wanted electoral reform but after he got a massive majority he wasn't so keen.
40
What did happen with electoral reform under
Blair?
He was prepared to accept a new electoral system for the devolved regions
41
Where did the HRA come from?
It put the European Convention of human rights into British law
42
Example of where the human rights act was used
2006 Laporte case article 10, freedom of expression was used to show that the police had acted illegally by stopping the anti Iraq war protesters from reaching RAF Fairford.
43
Why should the significance of the HRA not be exaggerated?
Parliament still has the right to repeal the Act
44
How have the limitations of the HRA been
illustrated?
Belmarsh case, after 9/11 the Blair government suspended article 5, the right to liberty.
He said that the HRA would not prohibit them from confronting terrorism.
45
How was the Supreme court reformed?
It ended the HOL judicial aspect and the supreme court opened in 2009.
46
How was the appointments process in the supreme court reformed?
Instead of there being a nomination process there was a committee that allows for more transparency.
47
Date of the David Cameron coalition?
2010-15
48
Fixed term parliament act date and what it did
2011 meant that an election had to be held exactly five years later. It does allow an election in the event of a vote of no confidence.
49
why was electoral reform attempted under the coalition of 2010-15?
Because the Lib Dems often fell foul due to FPTP when they were in the coalition with Cameron they asked for a vote on the electoral system in Britain.
50
What was election was allowed for electoral reform under the
2010-15 coalition?
The AV referendum in 2011
51
2010-15 coalition most positive legacy?
The Parliamentary reform
52
What was done by the 2010-15 coalition for backbenchers?
Backbench committee was created to give them control over what is debated in parliament.
53
How did the 2010-15 make parliament less alien to the public?
They introduced electronic petitions.
54
Power of Recall, what is it and date
2015 MP's can be recalled if 10% of constituents sign a petition after the MP has been arrested or removed from parliament for more than 21 days
55
Extended Scottish devolution date and what
is it?
2016 Scotland Act gave Scotland maximum devolved powers.
56
who brought up the west Lothian question?
Tom dalyell
57
West Lothian Question
Why can Scottish and Northern Irish MPs vote on key issues that only concern England but English MPs cant vote on devolved issues.Why can Scottish and Northern Irish MPs vote on key issues that only concern England but English MPs cant vote on devolved issues.
58
How has devolution impacted Scotland?
SNP replaced Labour as the dominant party
59
Why has devolution raised questions?
It is completely asymmetrical as Scotland has more power than
Wales and Ireland and England has no specific assembly.
60
Scotland specific legislation
-first place to ban smoking in public places
-free tuition
-First country to give free sanitary products
61
How are Scottish powers protected?
They are featured in the UK constitution
62
Indication that Scotland is happy in the UK, how many?
The support for the SNP declined in the 2017 election, lost 21 seats
63
Difference between Wales and Scotland
devolution
Wales was not offered any legislative powers
64
Wales Act 2017
Allowed to vary income tax
65
When was N. Ireland given its own
Parliament?
1922
66
When was the Parliament of N. Ireland interfered with and why? date
1972 because of the escalating violence How was the Irish parliament reinstated? The good Friday agreement negotiated a power sharing assembly which represented both unionists and Nationalists.
67
What is the relationship between peace and the Irish Parliament
As long as the North and the South of Ireland have cordial relations then the parliament can stay
68
Issues with Irish devolution
2002-7 the assembly was suspended due to conflict between unionists and nationalists. It was suspended again in 2017 when there was disagreement over a language act.
69
Ways in which there could be further reformation
-elected house of Lords
-Electoral reform at Westminster
-English devolution
70
Advantages of the House of Lords as it is
-Experts in every field means its ability to scrutinise is strong
-In cases of dispute the commons still holds ultimate power
-If both the Commons and Lords were elected there could be
gridlock
71
Arguments in favour of devolution
-England is by far the most populous nation so should have its own parliament
-devolution has created an asymmetrical UK and so an English parliament is needed to even it out
-The system of elected mayors shows how power can be successfully
Decentralised which makes a case for English devolution
72
Arguments against English devolution
-Very little positive demand for this reform. North East even voted against its own assembly in 2004
-The establishment of an English Parliament would challenge
Westminster
-Further devolution would add another layer of government which might be undermined by the fact the turnout will likely be low as is inline with the turnout for mayor elections and the like.
73
Three arguments for a codified constitution
-Entrench British civil liberties and rights as they are not currently protected
-In a codified system judges are able to protect the constitution where as now they are not able to
-Power of the executive would be constrained by a rigid document meaning they cannot just do as they please
74
Describe the main features of the UK constitution?
• parliamentary sovereignty
• the rule of law
• a unitary state
75
What is a constitution?
A set of rules for governing a government.
76
What does it mean if something is entrenched?
It is protected and therefore hard to amend and make changes to.
77
What does it mean if a constitution is
codified?
Where the key constitutional structure and arrangement in a state are collected together within a single legal document.
E.g. US Constitution (1787)
78
What does it mean if the constitutional is
unitary?
A unitary system is based on the principle of parliamentary sovereignty.
This means that supreme power remains in the hands of a single source.
79
What is parliamentary sovereignty?
Parliamentary sovereignty is a principle of the UK constitution.
It makes Parliament the supreme legal authority in the UK which can create or end any law.
It essentially means all power lies with Parliament.
80
What is the rule of law?
The key idea of the rule of law is that the law should apply equally to all rulers and ruled alike.
81
What is statute law?
Statute law refers to laws passed by
Parliament.
82
Name an example of a statute law.
Freedom of Information Act.
83
What is common law?
Common law is the part of English law that is derived from custom and judicial precedent rather than statutes.
According to common law, judges must consider the decisions of earlier courts (precedents) about similar cases when making their own decisions.
84
What are conventions?
A Convention is a long established, informal and uncodified procedural agreement followed by the institutions of state.
85
Name an example of a convention in the UK.
The idea that a PM should resign after losing an election is a convention and not a law.
86
What are authoritative works?
Books written by constitutional theorists that are considered to be authoritative guides to the UK's uncodified constitution.
87
Name an example of an authoritative work?
Erskine May's Parliamentary Practice (1844)
88
What are treaties?
A treaty is an agreement under international law that is entered into between two or more countries
In the UK, many of these were EU treaties.
89
What is devolution?
Devolution is about the transfer of power by a central government to local or regional administrations.
90
What are the five main sources of the UK's uncodified constitution?
EU treaties
Statute law
Common law
Works of authority
Conventions
91
What are the twin pillars of the UK constitution?
Rule of law and parliamentary sovereignity.
92
Is the UK constitution codified?
No
93
Is the UK constitution flexible?
Yes- any of its sources can be changed without any lengthy or difficult process (this is in the context of rule of law however).
94
Is the US constitution rigid?
Yes- an amendment requires a two-thirds majority votein congress plus three-quarters of state legislatures.
95
the US constitution rigid?
Yes- an amendment requires a two-thirds majority votein congress plus three-quarters of state legislatures.
96
Is the UK constitution judiciable?
No- judges cannot challenge Parliament's ability to make or amend statute laws.
97
Is the UK constitution unitary?
Yes, a unitary system is based on parliamentary sovereignty.
For example, the power of the Scottish and Welsh parliaments could be taken away from them by Parliament in Westminster.
98
Is the UK constitution revolutionary or evolutionary?
Evolutionary as it has evolved over centuries and have constantly changed and adapted to circumstances.
99
Name the six documents which signify an important stage in the UK's democratic history.
Magna Carta (1215)
Bill of Rights (1689)
Act of Settlement (1701)
Acts of Union (1707)
Parliament Acts (1911 and 1949)
The European Communities Act (1972)
100
Can common law contradict statute law?
No
101
What concept did the Magna Carta (1215)
introduce?
The concept of habeas corpus- the right to be brought before a court to hear the charges against you.
102
Name five reforms that enhance democracy.
House of Lords reform 1999
Electoral reform
Recall
Reforms in the House of Commons
FVFI
103
What was the HoL reform 1999?
Limited the number of hereditary peers to 92.
Labour government.
104
What was electoral reform?
Introduced PR in all devolved assemblies, leading to much fairer representation of the people's views.
Labour government
105
What was recall?
The 2015 Act introduced a process by which an MP can be recalled by their constituency to face a by-election.
Coalition government.
106
What were reforms in the House of
Commons?
The Wright Reforms redistributed power to backbenchers and from the government.
Labour government.
107
What was EVEL?
That laws concerning England only have a greater input from MPs representing English constituencies.
Conservative Government.
No longer exists.
108
Name two reforms that enchanced rights.
Human Rights Act 1998
Freedom of Information Act 2000
109
What is the HRA 1998?
Made the European Convention on Human Rights (ECHR) lae accessible in UK courts, making it easier for UK citizens to access their rights.
Labour government.
110
What is the Freedom of Information Act
2000?
Provided public access to documents held by public authorities.
Labour government.
111
Name four reforms that decentralise power.
Devolution
Exiting the EU
Elected Mayors
PCC
112
What is devolution?
Devolved powers to Scotland, Wales and Northern Ireland put local representatives in charge of local issues.
Labour government.
113
What was Brexit?
Returned all decision making powers back to Parliament, which is directly accountable to the British people.
Suggested under conservative government.
114
What are elected mayors?
Gave powers over large areas to locally elected mayors.
E.g. Andy Burnham of Manchester.
Conservative government
115
What are Police and Crime Commissioners?
Elected representatives who are responsible for the efficient and effective policing of an area.
116
Name two reforms that 'modernise the
system'
Fixed-term parliaments Act 2011
Constitutional Reform Act 2005
117
What is the Fixed-term parliaments Act 2011?
Fixed the dates of Uk general elections to once every five years to reduce the PM's prerogative power.
Coalition government.
118
What is the Constitutional reform Act 2005?
Established the Supreme Court in place of the Law Lords and separated the role of Lord Chancellor into three separate roles and
people.
119
What is the Wright Committee?
Established in 2009 to improve the procedures and relevance of
Parliament.
120
Who introduced the Wright Committee in full?
The coalition government- 2010
121
Name three suggestions of the Wright
Committee.
• Chairs of departmental and other select committees should be directly elected by secret ballot of the HoC.
• Members of select committees should be selected within party groups.
• Backbench business should be schedules by the House rather than the ministers.
122
What did the Scotland Act 1998 do?
Gave primary powers and income tax-varying power, +/- 3p per pound.
123
What did the Scotland Act 2012 do?
Gave a small extension of powers, increase of tax-varying power to +/- 10p and devolution of some additional taxes.
124
What did the Scotland Act 2016 do?
Extended powers in relation to transport, energy and social security benefits, and to set income tax rates and thresholds, as well as to receive the proceeds of national VAT.
125
Name three things the Scottish Parliament have control over.
Education
Local government
Health and social services
126
Name three things the Welsh Assembly has control over.
Education and training
The environment
Culture, including the Welsh language, and sport
127
What did the Wales Act 1998 do?
Gave secondary legislative powers to the
Assembly.
128
Gave secondary legislative powers to the
Assembly.
Provided for an additional referendum on primary legislative powers.
129
What did the Welsh devolution referendum in
2011 do?
Voted 'yes' yo give the Welsh Assembly direct law-making power in
20 devolved areas such as health and education.
130
What did the Wales Act 2014 do?
Gave minor tax powers and a referendum on income tax-varying power.
131
What did the Wales Act 2017 do?
Provided for a reserved powrrs model and a transfer of further powers in transport and energy, and gave income tax-varying power to +/- 10p without a referendum.
132
Name three things the NI Assembly has control over.
Education
Economic development
Agriculture
133
What was the Northern Ireland Act 1998?
Based on the Belfast Agreement, created the Assembly and related institutions and gave the Assembly power to legislate in transferred matters.
134
What was the St Andrews Agreement 2006?
Renewed devolution in 2007.
135
What happened in terms of devolution in
2010 in Northern Ireland?
Devolution of policing and criminal justice.
136
What was the Corporation Tax (Northern
Ireland) Act 2015?
Devolved power to set corporation tax.
137
Where is the power to make secondary legislation set out?
In primary legislation.
138
Whats the difference between primary and secondary legislation?
Primary legislation provides the framework while secondary legislation adds the rules and procedures.
139
When did Scotland get primary legislative powers and when did
Wales get them?
S= 1998
W= 2011
140
Name five ways devolution could be classed as a success?
Has not led to the break-up of the UK.
Devolved assemblies are very popular in the regions and nobody is suggesting it should be overturned.
Welsh interest in devolution has increased.
Has secured a peaceful environment in NI for 20 years.
Elected mayors have led to greater regional identity in England.
141
Name five ways devolution could be classed as unsuccessful.
Different policies were necessary to support the different devolved regions in distinct ways.
England has been short-changed in the devolution settlement (however EVEL).
Has left the West Lothian question unresolved.
Interest in devolved assemblies is low, as shown by turnout.
Since the arrival of the Scottish Parliament, desire for independence has dramatically increased.
142
How many voted for Scottish independence in 2014?
44.7%
143
What was the turnout of the 2021 Senedd election?
46.6%
144
What was the turnout of the 2022 Stormont election?
63.6%
145
What was the turnout of the 2021 Holyrood election?
63.5%
146
When was the Greater London Assembly created?
2000 by the Blair government.
147
When was the NE Assembly referendum?
2004
148
In the NE Assembly referendum how many voted 'no'?
78%
149
Name three areas with 'metro mayors'.
Manchester
Peterborough
Tees Valley
150
When were the majority of metro mayors elected?
2017
151
Do the powers of metro mayors vary?
Yes
152
Name some things which metro mayors have control over?
Developing economic growth strategies
Making policy on housing, skills and transport- e.g. Burnham signed off on a new £10 yearly charge for pensioners who wished to continue to use their TFGM travel passes on the regions trains and trams.
153
Name three reasons for a codified constitution in the UK.
• The majority principles of the constitution would be entrenched, safeguarding them from interference by the government of the
day.
• With an entrenched constitution, individual liberty would be more securely protected. Despite the HRA rights are still not adequately protected since the lack entrenchment- BJ's government and reform.
• The power of the executive would be constrained by a rigid, codified document. Codification would provide a counterbalance to the power of the executive.
154
Name three reasons against a codified constituion in the UK.
• A codified constitution would be less responsive and adaptable than an uncodified one. Since 1997, many constitutional reforms have been enacted to update the UK constitution- such as devolution.
• The US Constitution has had an entrenched Bill of Rights for centuries but it didn't stop African-Americans being lynched without any kind of trial- entrenched constitutions do not guarantee people's rights in practice.
• Government power may be more effectively contrained by regular elections than by a constitutional document- however repeal of FTPA.
155
Name three arguments for greater devolution of England.
• It would facilitate a more federal model of government- similar to the US.
• EVEL does not resolve the WEst Lothian question and makes
Scottish MPs second-class representatives at Westminster, weakening the unity of the UK.
• Some parts of the UK such as Devon and Cornwall have a very strong national identity and would want the ability to make more decisions for their regions locally- however NE Assembly.
156
Name three arguments against greater devolution for England.
• England would dominate a federal assembly and its relationship with Westminster could become complicated.
• EVEL has solved the West Lothian guestion and been used in westminster to pass English-only legislation (for example classing 'affordable housing' up the the price of £450,000).
• Many areas of England don't have a string sense of local identity and see themselves as English or even British.
157
Name five weaknesses of the HoC, proposed reforms and the possible consequences.
• Prime minister is not sufficiently accountable -> reform PMQ's and increase regularity of Liason Committee -> could create more meaningful debate of issues.
• Departmental select committees are still often ignored and not valued -> give them enforcement powers -> more accountable government.
• MPs have little control over legislation -> more power to legislative committees and remove membership from whips -> legislative committees become more independent and better scrutiny.
• Government majorities render the HoC useless -> change electoral system -> coalitions and minority governments might empower MPs.
• MPs lack research facilities -> increase research support -> HoC would be more effective in making ministers accountable.
158
• Prime minister is not sufficiently accountable -> reform PMQ's and increase regularity of Liason Committee -> could create more meaningful debate of issues.
• Departmental select committees are still often ignored and not valued -> give them enforcement powers -> more accountable government.
• MPs have little control over legislation -> more power to legislative committees and remove membership from whips -> legislative committees become more independent and better scrutiny.
• Government majorities render the HoC useless -> change electoral system -> coalitions and minority governments might empower MPs.
• MPs lack research facilities -> increase research support -> HoC would be more effective in making ministers accountable.
295
159
Name three things a committee led by Lord Burns in 2017 suggested in terms of a HoL reform.
• Reduce size of Lords to 600 within 10 years and maintaining this until 2047 at least.
• New peerages will be restricted to a 15 year term.
• Political peers should be appointed in relation to a party's election performance, taking into account the number of seats they win as well as the vote share it achieved.
160
Name three reasons why the Hol should be reformed.
• Full or partial election would raise the legitimacy of the second chamber.
• An elected chamber would be a more effectove check on the executive, since the Salisbury Convention would not exist.
• Lord Burns' reform is moderate.
161
Name three reasons why should not be reformed.
• Election would eliminate the many experts who sit in it, including the experience of the ex-ministers and PM in the Lords.
• Could challenge the authority of the Commons.
• Hard to get a reform people agree on.
162
Why is the UK constitution so different to other nations?
Since the Norman Conquest in 1066, there has not been a historical event that has entirely altered the principles on which the nation is governed.
163
What is a constitution?
The determinant for where power is located within a nation state and the rules by which it is governed
164
What was the first Act that established the right of the people?
Magna Carta 1215
Barons placed limits on the power of the monarchy.
* The monarch is not above the law.
* One cannot be punished without due process of
165
Why has the UK constitution developed in the manner it has?
It has been evolutionary, with no revolution required to break it from the past.
166
What is an uncodified constitution?
The constitution is derived from a variety of sources.
167
The constitution is derived from a variety of sources.
The constitution is contained within one document and is superior to all other law.
168
What is an unentrenched constitution?
The way in which the state is governed can be changed simply through an Act of Parliament.
169
What is an entrenched constitution?
It is impossible to alter the constitution without complicated procedures requiring the agreement of more than just legislature.
170
What is parliamentary sovereignty?
Parliament is the supreme legislative body.
It is free to enact any legislature as there is no authority greater than
Parliament.
171
What are the rights of British citizens often seen as?
Negative rights.
i.e. the British public are free to do anything that has not been forbidden by Parliament.
172
How are the civil liberties of the British public protected?
• The principle that the government should act according to the rule of law.
• There is an independence from the judiciary and government.
• Judges interpret the law according to the principles of natural justice.
173
What is the rule of law?
The same laws apply equally to every citizen and the government is subject to the same laws as everyone else.
174
What is a unitary state?
Power is centralised and the central government possesses absolute authority.
175
What legislative changes have reduced the unitary powers of the UK?
Devolution of powers to Scotland, Wales and
Northern Ireland.
176
What are the sources of UK constitution?
• Common Law
• Statute Law
• Conventions
• Authoritative Works
177
How long has the UK constitution been developed over?
800 years.
178
How is statute law a source of UK constitution?
Acts such as the Parliament Act 1911 removed the House of Lords' right of veto.
179
What is statute law?
A parliamentary bill which has been approved by both Houses.
(In the UK there is no authority greater than statute law)
180
How is common law a source of UK
constitution?
How the judiciary interprets statute law to set precedence to be followed in future cases.
181
What is common law?
Judgements made by judges in important legal cases.
182
What are some landmark common law cases?
Somerset v Stewart 1772 (Nothing in English statute law justified slavery)
Bushell's Case 1670
183
What is a convention?
A convention represents the accustomed way in which political activity is carried out.
Conventions do not legally have to be followed, as their constitutional significance derives from the force of tradition.
184
What are some examples of conventions in the UK?
Salisbury Convention
Collective Ministerial Responsibility
Consultation of Parliament to decide if we go to war
The public should be consulted in referendum to legitimise proposed changes to UK constitution.
185
What are authoritative works?
Texts of such profound and enduring political significance that they contribute to the constitution of the United Kingdom,
186
What is a treaty?
A written agreement between two or more political entities.
187
What case placed EU law above UK law?
Factortame 1991
188
What effect did the Factortame case have on parliamentary sovereigty?
Pooling sovereignty with a supranational organisation placed some limits on UK parliamentary sovereignty.
