constitutional reform

Question 1

basic features of UK constitution (for intro waffle)

Answer 1

uncodified = flexible
unitary - parliament is sovereign not federalised

Question 2

examples of UK constitution being flexible

Answer 2

1996 - Parliament passed law banning handguns due to a school shooting in Dunblane

Question 3

difference between statute law and common law

Answer 3

statute law - laws passed by parliament, affect the political system and citizens’ rights

common law - legal principles laid down by judges in rulings. provides precedents for later cases, still has protection

Question 4

what is convention

Answer 4

customs and practices that dont have legal force but have been broadly accepted over time. eg except in an emergency, the govt will not order military action without Parliamentary approval

Question 5

what is authoritative works

Answer 5

textbooks that explain the workings of the political system but lack legal standing eg Erskine May’s ‘parliamentary practice’

Question 6

what is uk constitution made up of

Answer 6

statute law, common law, conventions, authoritative works,

Question 7

constitutional reform - parliamentary x7

Answer 7

-house of lords act 1999
-house of lords reform bill 2012
-house of lords reform act 2014
-the wright report 2009
-PMQs changed
-fixed term parliament act 2011
-dissolution act 2022

Question 8

house of lords act 1999

Answer 8

reduced hereditary peers in House of Lords from 800->92 and introduced life peers
=reduced hereditary influence and increased scope for diversity

Question 9

house of lords reform bill 2012

Answer 9

aimed to elect more members from the HOL -> 80% elected in 15 year terms
-lacked support and didnt become law

Question 10

house of lords reform act 2014

Answer 10

more provision for resignation, retirement and expulsion from HOL
=improved opportunity for diversity and aimed to ensure Lords can be held accountable

Question 11

the wright report 2009

Answer 11

proposed:
-reduction in number of select committees in HOc
-e petitions to be debated in the HOC

=would improve effectiveness of committees

Question 12

PMQs changed

Answer 12

by tony blair
2x15 min slots to 1x 30 min slot
=improved efficiency of sessions and gravity of questions

Question 13

fixed term parliament act 2011

Answer 13

sets fixed 5 year term for parliament and limited snap elections
=reduced the PMs power to call snap elections

Question 14

Dissolution act 2022

Answer 14

repealed the fixed term parliament act 2011
-PM can now call election any time with the monarch’s permission

Question 15

devolution constitutional reform x8

Answer 15

-good friday agreement 1998
-scotland act 1998
-scottish referendum 2014
-government of wales act 1998
-greater london authority 2000
-loct govt act 2000
-police and crime commissioners
-EU withdrawal act 2020

Question 16

good friday agreement 1998

Answer 16

irish devoltion and ended the troubles as it created a coalition govt
=peace, power sharing and cooperation

Question 17

scotland act 1998

Answer 17

established scottish assembly and granted powers such as education, health and justice
=raised questions over scottish self-governance and independence
led to the 2014 independence referendum

Question 18

government of wales act 1998

Answer 18

established welsh national assembly
=advanced self-governance

Question 19

greater london authority 2000

Answer 19

established greater london assembly and introduced the mayor of london (directly elected)
=better leadership and representation

Question 20

local govt act 2000

Answer 20

reform local govts in england and wales
increased services and accountability as well as elected mayors in some areas
=modernised and improved local govt effectiveness

Question 21

police and crime commissioners 2011

Answer 21

elected officials to oversee police forces
=made the police more community responsive and improved law enforcement relations

Question 22

EU withdrawal act 2020

Answer 22

formally seperated UK from EU
=affected trade, immigration etc

Question 23

electoral constitutional reform x4

Answer 23

additional members system
single transferrable vote
FPTP
increased use of referenda

Question 24

civil liberties const reform x 7

Answer 24

human rights act 1998
civil contingencies act 2004
identity cards act 2006
equality act 2010
investigatory powers act 2016
public order act 2023

Question 25

human rights act 1998

Answer 25

incorporated ECHR into UK statute law =enables public to challenge public authorities over rights violations =improved protection of rights and awareness

Question 26

civil contingencies act 2004

Answer 26

facilitates govt reponses to major emergencies and emergency regulation =streamlined govt response and clarified roles and powers

Question 27

terrorism act 2006

Answer 27

strengthened measures to combat terrorism eg illegalised glorification of terrorism and also extended detention without charge for terrorism suspects =strengthened response but raised concerns about civil liberty infringement

Question 28

identity cards act 2006

Answer 28

aimed to establish a national identity card system repealed in 2008 over privacy objections =raised debate over balance of security v individual freedom

Question 29

equality act 2010

Answer 29

established protected characteristics =better rights culture and protection

Question 30

investigatory pwoers act 2016

Answer 30

extends govt agencies' surveillance powers =raised debate about security v liberty and privacy

Question 31

public order act 2023

Answer 31

gave law enforcement agencies greater powers to prevent protests deemed as disruptive eg climate protesters =strengthened powers to prevent provocation of violence

Question 32

judicial constitutional reform x5

Answer 32

ministry of justice created judicial appointments created constitutional reform act 2005 miller v sec of state for exiting the EU 2017 uk supreme court ruling to hold scottish independence referendum 2022

Question 33

ministry of justice created

Answer 33

2007 to oversee aspects of the legal and justice system eg courts, prisons etc to ensure equality =streamlined response and more focus +efficiency, and accountability

Question 34

judicial appointments committee

Answer 34

responsible for reccommending candidates for judicial appointments eg supreme court =transparency, accountability, ensures choice is for

Question 35

constitutional reform act 2005

Answer 35

creation of supreme court - prior to this the HOL carried out which was a conflict of interest JUDICIAL INDEPENDENCE =separation of powers + modernisation

Question 36

miller v sec of state for exiting the EU

Answer 36

2017 whether the UK had the authority to trigger article 50 of the EU without parliamentary consent (can theresa may legally declare to leave the EU without a parliamentary debate) =high court and supreme court ruled saying the govt cannot do without parliament =evidence the supreme court is seperate

Question 37

UK supreme court ruling on draft bill to hold scottish independence election referendum 2022

Answer 37

nicola sturgeon wants to hold a second referendum but the supreme court ruled she must pass the legislation