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Politics Paper 2 > Constitution > Flashcards

Constitution Flashcards

(60 cards)

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1
Q

two types of constitution

A

-codified
-uncodified

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2
Q

uncodified constitution characteristics

A

Flexible: any part can be changed easily

unentrenched: no different from statute laws, parliament can change the constitution as its sovereign

Non Judiciable: judges cannot challenge parliaments ability to make or change statute law

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3
Q

codified constitution characteristics

A

Rigid: Difficult to change, supermajority required

Entrenched: difficult to amend, constitution stands above the law

Judiciable: a court can decide if gov actions are “constitutional”

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4
Q

constitutional reform that enhanced democracy

A

HOL act 1999: removed 92 hereditary peers from the HOLs

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5
Q

constitutional reform that decentralised power

A

-devolved powers and assemblies were established is Scotland, Wales, London and Northern Ireland
-eg. the Scotland act 1998, significant powers transferred from Westminster to new Scottish parliament

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6
Q

Constitutional reform that enhanced rights

A

Human Rights Act (1998) : enshrined the ECHR into UK law.
Freedom of Information Act (2000) : Anyone can access files from any gov body unless it threatens national security, making gov seem more transparent

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7
Q

Points FOR a codified constitution

A

Clarity:
clearly defines the structure of government and powers of institutions, providing consistency

Protection of rights:
ensures rights and and freedoms can not be overridden by the government

Limitation of Government Power:
establishes checks, preventing any one branch from becoming too powerful

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8
Q

Points AGAINST a codified constitution

A

-UK constitution provides effective politics
-gov power is already limited by elections
-difficult to write

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9
Q

What is a constitution?

A

A set of rules that outlines the powers of government and the rights of citizens.

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10
Q

What does it mean that the UK constitution is “uncodified”?

A

It is not written in a single document; it is derived from multiple sources.

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11
Q

What does “unentrenched” mean in the UK context?

A

The constitution can be amended by a simple act of Parliament, unlike entrenched constitutions that require a special procedure.

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12
Q

What does it mean that the UK has a “unitary” constitution?

A

Sovereignty is concentrated in one central authority—Parliament.

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13
Q

What are the ‘twin pillars’ of the UK Constitution?

A

Parliamentary sovereignty and the rule of law.

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14
Q

What was the significance of the Magna Carta (1215)?

A

Limited royal power and established that everyone, including the monarch, is subject to the law.

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15
Q

What did the Bill of Rights (1689) establish?

A
  • Parliamentary sovereignty over the monarchy
  • regular parliaments
  • free elections
  • freedom of speech in Parliament.
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16
Q

What did the Act of Settlement (1701) do?

A

Established parliamentary control over royal succession, and prevented Catholics from taking the throne.

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17
Q

What was the impact of the Acts of Union (1707)?

A

United England and Scotland into Great Britain, creating a single parliament.

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18
Q

What was the impact of the Parliament Acts (1911 & 1949)?

A

Limited the power of the House of Lords; 1911 removed their power to veto money bills; 1949 further reduced the time they could delay legislation.

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19
Q

development of the UK constitution

A
  • Magna Carta (1215)
  • Bill of Rights (1689)
  • Act of Settlement (1701)
  • Acts of Union (1707)
  • Parliament Acts (1911 & 1949)
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20
Q

What are the five main sources of the UK Constitution?

A
  • Statute law
  • Common law
  • Conventions
  • Authoritative works
  • Treaties
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21
Q

Statute law

A

laws passed by Parliament (e.g. Human Rights Act 1998)

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22
Q

Common law

A

legal principles developed by court rulings (e.g. royal prerogative limits)

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23
Q

Conventions

A

unwritten rules (e.g. PM must be from the Commons)

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24
Q

Authoritative works

A

respected texts (e.g. May’s Parliamentary Practice )

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25
Treaties
agreements with other states (e.g. Maastricht Treaty 1992)
26
What were Labour’s key constitutional reforms (1997–2010)?
- House of Lords reform (1999) – Removed most hereditary peers - Electoral reform – New voting systems in devolved regions - Devolution – Scotland Act (1998), Wales Act (1998), Northern Ireland Act (1998) - Human Rights Act (1998), Incorporated the ECHR into UK law - Constitutional Reform Act (2005) – Created Supreme Court (2009), removed Law Lords from House of Lords
27
What were key constitutional reforms under the Coalition?
- Fixed Term Parliaments Act (2011) – 5-year election cycles (repealed 2022) - Wales Act (2014) – Gave Wales control over some taxes and further law-making powers
28
What major reforms occurred after 2015?
- Scotland Act 2016 – Devolved powers over income tax and welfare following 2014 IndyRef - EU Withdrawal Act (2018) – Repealed the European Communities Act 1972, ending supremacy of EU law
29
What powers does the Scottish Parliament have?
- Education - health - justice - transport - partial tax powers (income tax bands).
30
What powers does the Welsh Senedd have?
- Health - education - transport - environment - tax-varying powers after 2014.
31
What powers does the Northern Ireland Assembly have?
- Education - health - justice - policing (from 2010); often subject to suspension due to political conflict.
32
What devolution exists in England?
City devolution deals (e.g. Greater Manchester) give metro mayors control over transport, policing, and housing. No English Parliament.
33
What is EVEL and why was it abolished in 2021?
"English Votes for English Laws" let only English MPs vote on England-only issues. Abolished due to complexity and post-Brexit focus on unity.
34
Arguments for a codified UK constitution?
- Clarity and accessibility - Limits excessive executive power - Stronger protection of rights
35
Arguments against a codified UK constitution?
- Flexibility is a strength - Democratic tradition works well - Would give unelected judges more power
36
Should devolution be extended in England?
- Some support for regional assemblies or an English Parliament - Others argue metro mayors are enough
37
Should Lords reform go further?
- YES: Still unelected, not fully representative - NO: Current mix of experts works well, avoids politicisation
38
Should the Human Rights Act be replaced with a British Bill of Rights?
- YES: Tailor-made, protects UK sovereignty - NO: HRA already protects rights and links UK to European standards
39
What is an example of a statute law influencing the UK constitution?
The Human Rights Act 1998 incorporated the European Convention on Human Rights into UK law, enhancing rights protection and showing Parliament’s constitutional authority.
40
How have conventions impacted the constitution?
The Salisbury Convention ensures the Lords do not block manifesto bills, showing how unwritten rules guide constitutional practice.
41
What shows the importance of authoritative works?
May’s writings (Parliamentary Practice) outline key ideas like parliamentary sovereignty and the rule of law, and are still widely cited in legal debates.
42
What powers were given to the Scottish Parliament in 1998?
The Scotland Act 1998 gave Scotland powers over education, health, and justice, and allowed it to vary income tax—establishing substantial autonomy.
43
How has Scottish devolution evolved?
The Scotland Act 2016, after the 2014 independence referendum, granted new powers over income tax rates and bands, furthering fiscal devolution.
44
Arguments for further devolution after 1997 reforms?
- Reduces regional inequality - increases local accountability - encourages political engagement.
45
Arguments against further devolution?
- Creates inconsistencies in powers - low turnout in metro elections - some regions may lack capacity.
46
Why is House of Lords reform still debated today?
- Still unelected and lacks democratic legitimacy - calls for a fully elected chamber persist.
47
What happened to the Fixed-Term Parliaments Act 2011?
- It was repealed in 2022; critics argued it was ineffective, especially after the 2019 election.
48
What is the West Lothian Question?
Why Scottish MPs can vote on English matters, but English MPs can't vote on devolved Scottish matters.
49
Pros of devolving more power within England?
- Tackles regional inequality - encourages engagement - builds on success of London model.
50
Cons of more English devolution?
- Confusing system - turnout often low - could lead to tensions with central government.
50
What reform options exist for English devolution?
- English Parliament - extending metro mayors - regional assemblies - reviving EVEL (English Votes for English Laws).
51
What is the Conservative proposal for a British Bill of Rights?
- Replace the Human Rights Act 1998 with a UK-specific law - reduce influence of European Court of Human Rights - reframe rights as responsibilities too.
52
Arguments in favour of a British Bill of Rights?
- Tailored to UK values - increases national sovereignty - reduces ‘rights inflation’
53
Arguments against a British Bill of Rights?
- Weakens human rights protections - could lead to exit from ECHR - undermines universality of rights
54
To what extent does the Commons effectively perform its legislative role?
- Strong due to elected authority, but government majorities and party whips often limit backbench influence.
55
How effective is the Lords in the legislative process?
Can revise and delay bills (up to a year); over 700 amendments made yearly; limited by Salisbury Convention and Parliament Acts.
56
Strengths of the House of Commons
- Democratic legitimacy - power of the purse - major scrutiny via committees and PMQs.
57
Weaknesses of the House of Commons
- Party loyalty limits independence - government majorities dominate.
58
Strengths of the House of Lords
- Expertise; effective revision - independent-minded peers.
59
Weaknesses of the House of Lords
- Unelected; can only delay, not block; limited public accountability.

Politics Paper 2 (7 decks)

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