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constitution paper 2 Flashcards

1
Q

what is the purpose of a constitution?

A

division of governmental activities, power relationships between institutions, limitations on rulers and rights of the ruled - legitimacy, freedom, stability

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2
Q

what type of constitution is the uk?

A

uncodified (not contained within one document), flexible (easily amendable) , unitary (power is concentrated)

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3
Q

what did the constitutional reform act 2005 bring about?

A

some seperation of judiciary from legislature

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4
Q

what are some key historical developments of environmental change?

A

magna carta 1215, bill of rights 1689, act of settlement 1701, parliament acts 1911 + 1949, european communities act 1972, eu withdrawal act 2018

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5
Q

what did the parliament acts of 1911 and 1949 bring about?

A

1911 - limit legislation blocking from lords, can be passed without approval of the lords, reduced life of a parliament from 7 years to 5 years
1949 - lords can only delay bills for one year (prev 2)
been used 7 times since 1911 to pass legislation without lords

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6
Q

what is statue law as a source for the constitution?

A

highest law in land, act of parl, e.g devolution acts 1998, human rights act 1998 - echr into law, 1999 reduced no. of hereditary peers to 92, constitutional reform act 2005 - independent judiciary, eu withdrawal act 2018, elections act 2022 - ID to vote, dissolution and calling of parl act 2022 (stays with pm)
significance - most significant source of constitution bc of parliamentary sovereignty

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7
Q

what is common law as a source of the consitution?

A

laws created by judges rulings over time e.g murder or marital rape
signficance - updates constituion with modern social attitudes, updates where parl has not legislated

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8
Q

what is convention as a source of the constitution?

A

customs/ traditions developed over time e.g governments should resign if lose election, royal assent (allowing legislation), monarch appoints pm
royal prerogative (pm or monarch can act without consent of cabinet/ parliament)
signifcance - open to abuse during elective dictatorships, political significance vast

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9
Q

what is the salisbury convention?

A

lords wont obstruct bills from governing partys manifesto - disregarded during coalition years 2010-2015, potentially brexit - amended bill

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10
Q

how have pms used royal prerogative on military action (didnt consult parliament)?

A

david cameron - air strikes on libya (parl said no)
sunak 2023 - attacks against houthi rebels
theresa may air strikes on syria

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11
Q

what is the sewel convention?

A

areas of devolved policy not interfered with by westminster, how government blocked scottish gender recognition bill 2023 using section 35 of scotland act

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12
Q

what are the works of authority as a source of the constitution?

A

english constitution - bagehot
an intro to study of law in the constitution - dicey
a treatise on the law, priviliges, proceedings and usage of parliament by erskine may
significance - out of date? no legal authority

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13
Q

parliament cannot ? its ? and cannot be ? by its ?

A

parliament cannot bind its successors and cannot be bound by its predecessors

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14
Q

examples of constitutional reform under labour gov 1997-2010

A

1999 - removal of hereditary peers from lords (now 92)
1998 - human rights act (codified ECHR)
1998 - creation of devolved governments
2005 - freedom of information act
london mayor + london assembly
pr in devolved bodies, european parliament and london assembly
2005 - constitutional reform act - supreme court, no more law lords

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15
Q

examples of constitutional reform under con/lib dem coalition 2010-2015

A

2011- extension of law making powers to senedd cymru
2014 - senedd cymru gains tax raising powers
2016 - scotland act - devo max (+/- 3% over income tax)
2011 - fixed term parliaments act
2013- electoral registration and administration act (individual voter registration, increase T.O)
2015 - recall of mps act
WRIGHT REFORMS!!! - GREATER POWER TO PARL AFTER BLAIRS ELECTIVE DICTATORSHIP CHAIRS OF SELECT COMMITTEES DIRECTLY ELECTED BY HOUSE, MEMBER OF SELECT COMMITTEES CHOSEN BY WHIPS, BACK BENCH BUSINESS COMMITTEE (decide business of house for a day a week) E PETITIONS
police and crime commissioners (turnout as low as 15%)

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16
Q

constitutional reform 2015-2019

A

EVEL (repealed 2021)
metro mayors - now 10 metro mayors

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17
Q

constitutional reform 2019 - now

A

metro mayors spring budget 2023 - levelling up agenda - mcr + west midlands given spending powers
brexit - article 50
2022 dissolution and calling of parliaments act
2022 elections act - photo ID for voting

18
Q

what was the DRS (deposit return scheme)

A

essentially the same as germany - get payed to recycle bottles

19
Q

why did the DRS need an exemption under the internal market act 2020?

A

because they could only apply higher costs to scottish producers, therefore hindering scottish producers

20
Q

what happened to the DRS?

A

Only granted a partial exemption from the IMA -didnt include glass bottles even tho 80% of scottish wanted glass bottles included - delayed till 2025
devolved say uk using brexit to reverse devo bc of trade barriers

21
Q

why was there confusion in the pandemic about the uk govs dual roles?

A

ministers unclear about whether restrictions applied to UK or just england - media overlooked devolved briefings
covid policy diverging
welsh police turn away hundreds of visitors bc UK unclear how far u can travel

22
Q

how did the pandemic highlight the limits of UKs intergovernmental machinery?

A

strained relations relied on goodwill, devolved regions just relied on the fact theyd be invited to COBRA, welsh 1st minister only spoke to BoJo once between may-sept 2020
now replaced by a new system of councils -
1 - pm + heads of gov
2 - interministerial standing committees and finance interministerial standing committees
3 - interministerial groups

23
Q

how did the pandemic highlight the limits of english devolution?

A

metromayors lacked meaningful control over finance, mcr forced to have lockdown w/o financial support
metro mayors not invited to cobra

24
Q

what did the scotland act 1998 do?

A

allowed some admin powers - secondary legislation
legislative - only legislation about specific devolved policy
financial - some tax
scottish parliament with a first minister

25
Q

what did the 2012 and 2016 scotland act do?

A

2012 - +/- income tax by 10p in the pound, devolved control of stamp duty, land and landfill tax, ability to borrow up to £2.2 billion
2016 - additional legislative powers, abortionm speed limits, welfare, new income tax powers, removable taxes scottish parliament permanent feature of the uk constitution

26
Q

what did the 1998 government of wales act do?

A

only have secondary legislative power

27
Q

what did the 2006 wales act do?

A

wales can only make legislate on 20 policy fields and still need westminsters approval

28
Q

what did the 2014 and 2017 wales acts do?

A

2014 - stamp duty, business rates, landfill tax
2017 - set income tax rate, welsh assembly permanent in the constitution, conferred powers to reserve powers, may 2020 became senedd cymru

29
Q

what are the first and deputy ministers of ireland?

A

1st minister = largest party
deputy minister = 2nd largest party
they have the same powers because of cooperation - if one resigns the other must resign

30
Q

how does the northern irish assembly ensure key decisions have both nationalist and unionist support?

A

require parallel consent - 50% of all - including 50% nationalist and 50% of unionists
or 60% of all 40% nationalists 40% unionists

31
Q

what is the west lothian question?

A

english mps cant vote on devolved but not vice versa - 2016 wanted to get rid of sunday trading laws, scottish conservative mps voted against even though there are no sunday trading laws in scotland

32
Q

what was evel?

A

oct 2015, need to have a majority of english and welsh mps for english laws, complicated and never used, abolished 2021

33
Q

in 2022 what percentage said they trusted local government more than uk government?

A

42%

34
Q

% of women in holyrood compared to westminster?

A

45% holyrood, 23% westminster

35
Q

what is the average participation for senedd compared to westminster?

A

63% senedd, 67% westminster

36
Q

how long did the northern ireland executive not sit for?

A

over 8 years

37
Q

how many metro mayors are there?

A

10

38
Q

what was the turnout for manchester mayor election 2021?

A

35%

39
Q

when did cornwall reject a metromayor?

A

2023

40
Q

proof that andy burnham knows what to do best for their city?

A

bee network
subsidised travel (our pass)
£2 cap on bus fares

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