Constitution Flashcards
(57 cards)
1
Q
Covid-19 impact on the union -> strengths of devolution
A
- able to be alert and respond to regionnal and local needs
2
Q
Covid-19 impact on the union -> weakeness of devolution
A
- lack of centralise - struggle to make a coordinated respons (esp. lack of PPE)
- high levels of intergovernmental cooperation -> difficult national tracking and testing
3
Q
Covid-19 impact on the union -> strengthening union
A
- Coronavirus Act 2020 encouraged greater co-op
- cross-national committees set up
4
Q
Covid-19 impact on the union -> weakening union
A
- great deviation between nations i.e lockdowns in wales lasted longer/how grades were allocated
- economic impact
5
Q
Miller V Secretary of State
A
6
Q
EU Withdrawal Act
A
7
Q
Miller V PM
A
8
Q
HOL ACT
A
- Blair gov
- 1999
- Remove all but 92 Hereditary peers
+ 1st stage of reform -> modernise + ^ legitimacy - ngtv -> not far enough -> other issues i.e unelected
9
Q
Wright Reforms/2009 Procedural Changes
A
- Brown
- election of select committee chairs via secret ballot (AMS) -> allows smaller parties chance to meaningfully participate
- non-gov commons business removed
+ expanded role of backbenchers -> Via BBBC
Ngtv - little to address fundamental issue w/ HOC ‘elective dictatorship’
NGTV - Backbenchers role ltd by gov still schedule business
10
Q
Scotland and Wales Act 1998
A
- Creatin regional assemblies aft. referendums
+ power closer to ppl + regional knowledge - NGTV ‘asymmetric dev’ -> west lothian question -> asymmetric devolution
- NGTV - greater call indp (INDYREF2014, SC RULE 22 -> scot par not power to call another ref in 2023)
11
Q
HRA 1998
A
- Blair
- enshrine ECHR in UK Law
- give power to judges to issue ‘declarations of incompatibility’
-NGTV -> too much pwr to judges
+ protect from overbearing gov
-NGTV - conservative + reform replace HRA - NGTV - not entrenched
+ most sig. change protection rights since 1689
12
Q
Constitutional Reform Act 2005
A
- reform LC role to reduce powers overlap
- Create JAC
- create SC + remove lords -> separation
+ seperation of powers -> visible -> confidence - NGTV - not enough power too hold gov accountable
- NGTV - fusion of power exec + gov. -> elective dictatorship
13
Q
Recall of MPs Act
A
> reform HOC under coalition
+ increase democratisation by enabling voters to remove MPs for serious wrongdoing - 2025 triggered petition after Runcorn & Helsby MP Mike Amesbury’s convicted and appeals were exhausted
14
Q
HoL Reform Act 2014
A
- David cameron (Coalition)
-> proposed to reduce members to 450 - 80 % elected
- revolt by conservative members = abandoned
15
Q
Fixed Term Parliament 2011
A
> coalition gov
electoral reform
+ attempt to restrict the PM Prerogative powers
- But was repealed by the Dissolution and Calling of Parliament Act 2022
- Demonstrates ineffective uncodified constitution since rules can be manipulated for executive
16
Q
E-petitions 2011
A
> promise that 100,000 signatures on a petition = parliamentary debate
+ enhance democratisation
- criticisms for practice
17
Q
Scot Act 2012
A
> greater devolved pwrs - further variation of tax and other concessions
+ extend devolution
- Potentially dangerous leading to further breakup of the union -> Scot Ref 2014
18
Q
British Bill of Rights proposal
A
> Con 2010 manifesto abolish HRA ‘
- coalition Lib Dem refused to go along with it + stagnant since
2024 reappeared in Con manifesto
+
- HR pressure group liberty criticised it as a ‘removal of rights bill’
- allowing Gov. to choose who has rights, unlike HRA which is = rights for all
-HRA, public authorities – like the Government, local councils, and police – have to put measures in place to respect and protect people’s rights - i.e Hillsborough Inquiry _BBR PA> courts
-The Bill requires a person to prove the abuse of their rights caused them to suffer ‘significant disadvantage’ before they can ever get to court
19
Q
AV Ref 2011
A
- electoral reform
- tackle peculiarities and disadvantages of FPTP by replacing
- Turnout = 42.0%
- No = 67.9%
- lack of appetite/ lack of understanding
20
Q
Equality Act 2010
A
21
Q
Reduction of MPs Proposal
A
+ increase effectives
> defeated in parliamentary vote
- removing elected officials undemocratic
- negatively impact ccabinet/reduce expertise
22
Q
foia
A
23
Q
British Bills of right
A
24
Q
sources of constitution
A
- conventions
- authoritative works
- EU law
- statute law
- common law
25
conventions
- not legally binding
- but accepted practice
- i.e Salisbury convention
26
authoritative works
- established political texts
- no legal authority but persuasive
- i.e A.V Dicey Introduction to the study of the law of the constitution --> rule of law, importance of parliament (PS), and precise nature of gov + judiciary relationship
27
Eu Law
- up until Brexit
- law and treatiees i.e Maastricht treaty
28
common law
- Judges case by case
- important principles i.e rule of law, habeas corpus
29
statute law
- some more const. than others
- i.e HRA 1998
- Act of union 1707
30
why constitution
- gov + account and trust
- protect from overbearing state
- framework for gov.
- sovereignty
- rule of law
31
Regional variation evidence
32
Synoptic Link: Elective Dictatorship
- fusion of powers -> gov + exec
- Larger the majority -> avg. majority not incl. 2010 + 2017 = approx 113
- exec use fptp majority to force through legislation
33
Synoptic Link: Referendums
- provide legitimacy to constitutional change
- direct say of the ppl
34
Devolution - Scotland
- referendum: prelegislative referendum w/ 2 questions -> devolved sp + tax varying powers
- 84.6%. tO
- 74.3% yes SP
- 63.5 yes TVP
- yes -> scotland Forward -> ScotLab, Snp
- no think twice -> con
35
dev scotland legislation
- scot act 1998 -. how msp elected, leg process + cont. PS of westminster -> primary powers + tax varing powers 3p
- scot act 2012 -. extension of powers, increase tax-vatying power to 10p + additional dev of some taxes
- Scot act 2016 -> extend powers, transport, energy, social security benefits, set income tax rates and threshholds, and receive proceeds of national VAT
36
Devolution - England
- west lothian question
- evel _> estab 2015 -> formalise SNP cstom
-> suspend april 2020 not reinstated -> abolished july 2021
- too much power
- more federal system
37
Devolution - wales
-1997 pass ref narrow maj
- 1998 secodary leg powers
- 2006 0 additional ref on primary legislation powers
- 2011 ref vote yes to give welsh assembly direct law making powers in 20 devolved areas inc. health and edu
- wales act 2017 transfer further powers in transport and energy + tax varying powers 10p +/- w/out ref
38
Devolution - NI
- 1998 based on belfast agreement - create assembly to transfereed matters
- st andrews agreement 2006 renewed dev 2007
- 2010 dev of policing and crim justice
- corporate tax 2015 devolved powers
39
comst reform success
- decentralisation
- exec greater constrained w/ greater protection of citizens rights
- steps taken to modernise-> HOL -> salsbury convention retalliations -> thatcher 156 defeats 11 yrs -> cameron 15-17 92 con 2019-24 410
40
const reform unsuccessful
- not uniform dev
- electoral reforms ltd in execution
- lacked clear plan
41
extent non uniform
- more to scotland
- nI and EN disadvantaged
- West lothian questian
- unfair
- devolution nor er aim of removing threat of break up
42
decentralised
- formation of secondary leislatures
- various powers - tuition fees -> extension of franchise
- referendum legitimacy
- electoral reform
- voices to the ppl
43
ltd in execution
- HOL REFORM 2014
44
execc greater restrained
HRA - ^ scrutinggy
- seperation -. lc -> const reform act
45
lacked clarity /incomplete
- Wright reforms - idea of house business committee which manages debating timetable 0> abndoned
- HOL Reform
46
devolution: london GLA
- greater london authority -> 25 elected members (AMS) to ensure mayor face obstructions on controversial decisions -> difficult to win maj.
- powers oof veto on mayoral budget + proposals + appointments (2/3 must veto)
47
Dev LOndon: metro mayors
- powers of patronage - appointment variety
- allocation of funds
- POwer over Transport for london
- set priorities and budget for met police
- influence> power
-prev. Jen livingstone, BoJo, Sadiq Khan
- elected by SV till 2022 replaced with FPTP
48
London Impact
- improved community policing
- growth of art scene at capital
- improved public transport
-- intro measures to reduce road polution -> ULEZ + congestion charges
49
nature of uk constitution
- uncodified - not written in a single doc - piecemeal - can conflict
- unentrenched - flexible -> easily changed
- unitary -> central gov is sovereign and authority over all tiers of gov BUT some argue its quasifederal -- some resembalance of a federal system (power to the nations) but central gov retains more control
50
reserve powers
defence, foreign affairs, immigration
51
entrenched yes
- rights not currently protected enough
- lack of clarity = confusion
- executive power
52
lack of clarity = confusionrights not protected enough
- Human Rights Act not entrenched
- can be repealed by simple Act of Parliament - Parliamentary sovereignty
- government with a majority could change rights easily average majority (excluding 2019 + 2017 = 113
- BBR 2010 conservative manifesto
- safety of Rwanda Act 2024 disapplies sections of the Human Rights Act
- Terrorism Act 2001 - government did change after Declaration of Incompatibility from the Supreme Court however these are not legally binding on Parliament
53
unable to adapt rights
- difficult to adapt rights
- make it htder to modernise
- majority should legitimayly retain this power as have democratic mandate -> remove trust in rep democracy
- Freedom of - information Act 2000
- Equality Act 2010
- Equal Marriage 2013
54
lack of clarity = confusion
- sources const
- inaccessible
- article 50 judicial review against may -> open o interpretattion -> extent of royal prerogative
- brexit ref -> confusion and stagnant -> clearer rules on use of referendums
55
lose flexibility
- lose trad + historical authority
- current state = gov can be transformational
- exec + parliament can respond to public demands
- Devolution under New Labour government - able to adapt and respond to calls for more autonomy in Scotland with the Scotland Act 1998
56
executice power
- pm powers convention from monarch
- limits not clearly defined
- extent of power not enshrined enables exec to push limits and 'overreach' ignore convention
- prorogartion of parliament 2019 -> example johnson ignoring convention -> fragility + lack of clarity in crisis
57
ore democratic than giving judges more power
There are sufficient checks on executive power
To codify would be to empower a constitutional court and give unelected body power over our elected Parliament and executive
This would reduce democracy
The fact that judges upheld parliamentary sovereignty in the Prorogation judicial review case shows that even without a constitutional court, checks on power are effective
To politicise the judiciary is negative for democracy
Want to retain separation of powers
As well as Parliamentary sovereignty
