The Constitution Flashcards
(105 cards)
1
Q
Why is devolution important?
A
It is a constitutional development
2
Q
What is devolution?
A
A process of delegating power but not sovereignty. The power can be returned to parliament through a constitutional statute. Therefore it is a transfer of power
3
Q
What is devolution not the same as?
A
A federal settlement
4
Q
How was devolution decided in the UK?
A
Referendums
5
Q
When was the scotland and wales referendum for devolution?
A
1997
6
Q
When was the northern ireland referendum for devolution?
A
1998
7
Q
What is the UK devolution a kind of?
A
semi-entrenchment
8
Q
What has the semi-entrenchment form of Uk devolution become to be called?
A
quasi-federalism
9
Q
What kind of devolution is in the UK?
A
asymmetric devolution
10
Q
What is asymmetric devolution?
A
Different amounts of granted powers
11
Q
What are the three types of devolution?
A
Legislative powers
Administrative powers
Financial powers
12
Q
What does legislative powers mean?
A
The devolved assemblies can make their own laws enforced within the territories
13
Q
What are administrative powers?
A
The power to administer the laws and organise state services
14
Q
What are financial powers?
A
Have funds available to them by central governments so they can provide services. It allows them to raise their own funds from taxation and other means so that they are financially indepedent
15
Q
When did the first calls for devolution emerge?
A
In the 70s. The labour government of 1974-9179 considered the measure under the influence of the liberals
16
Q
What did the liberal party believe about UK devolution ?
A
It would enhance democracy and bring the government closer to the people
17
Q
When was EVEL introduced?
A
2015
18
Q
What did EVEL address?
A
The West Lothian question
19
Q
What did EVEL do?
A
MPs representing scottish constituencies were not allowed to vote on issues affecting only england
20
Q
When did scotland gain administrative powers?
A
In the 19th century
21
Q
When was the previous scottish parliament closed?
A
1707
22
Q
Who had made scottish laws before they had a parliament but still had administrative powers?
A
Westminister
23
Q
What were the results of the 1997 Scottish devolution referendum?
A
74% to 26%
60% turnout
24
Q
What was the Scotland Act of 1998?
A
Was the result of the 1997 referendum that came into place in 1999
It gave Scotland power over health service, education, roads/public transport, criminal/civil law, policing, local authority services, rate of income tax (change of 3%) and other miscellaneous powers
25
What voting system was brought into scotland after the referendum?
The additional member system
26
What did the Scottish Act 2016 establish?
- widened areas that scottish parliament could pass laws
- regulation of energy industry
- control over welfare services
- control of half receipts from VAT in scotland
- control over income taxes
- control of air passenger duty and it's revenue
- control over some business taxes
27
What was the results of the Welsh referendum?
50.5% to 49.5%
| 50% turnout
28
What was the Government of Wales act 1998?
Set up elected Welsh National Assembly
No powers to pass/make laws so powers were purely administrative
Had control over health, education, local authority services, public transport, agriculture.
29
What was the Government of Wales act 2014?
Established that:
- would be a referendum to decide whether the government should have partial control over taxes
- control over various taxes
- limited power to borrow money on an open market
30
What did the UK government announce in 2015 about Welsh parliament?
Have control over income tax of up to £3 billion per annum
31
What was the devolved parliament in Northern Ireland called between 1921 and 1972?
Stormont
32
What did stormont have control over (1921-1972)?
- education
- welfare
- health
- policing
- criminal and civil law
- housing
- local government
33
What was the Belfast agreement 1998 also known as?
The good friday agreement
34
What kind of voting is used in Northern Ireland and why?
Proportional representation - to ensure that everyone is represented and there is no conflict
35
What powers were devolved to Northern Ireland?
- Passage of laws not reserved to westminster
- education administration
- healthcare
- transport
- policing
- agriculture
- sponsorship for the arts
36
Why was the Northern Ireland Assembly dissolved in 2002?
To prove that the Uk was not a federal system and in the face of increased tensions between the 2 communities and failure of ministers from both
37
What differences are now displayed in Scotland because of devolution?
```
The dominant party is The SNP
Personal care for the elderly is free
Prescriptions are free (under threat)
No university tuition fees for Scottish students
Restrictions on fox hunting
```
38
What are the differences displayed in Wales because of devolution?
No school league tables are published
Free prescriptions for everyone under 25
Free school milk for under 7s
Greater help is provided for the homeless
More free home care provided for the elderly
39
What are the differences displayed in Northern Ireland because of devolution?
The republicans and loyalists have to cooperate in government under permanent power sharing
Gay marriage is not recognised
Greater restrictions on abortion
Prescriptions are free
A large proportion of schools are based on Catholicism or Protestantism
40
What are positive indications of devolution in the UK?
The Uk has not broken up
Peace has largely been restored in Northern Ireland
Widespread public support in all 3 countries for devolution
Made decisive differences
41
What are the negative indications of devolution in the UK?
Scottish nationalism is endangering the UK
Turnouts for devolved assemblies has been low
The new voting systems for proportional representation has inhibited a decisive government in all the countries
They still have to receive a subsidy from the treasurer (barnett formula)
42
What is The Barnett Formula?
A way of adjusting finance to devolved governments taking in account the needs of the countries vary from each other
43
What is a codified constitution?
A constitution that was written at one particular time written in one doctrine. It contains a special set of laws above all others that cannot be reversed unless by a special procedure.
44
What did the Magna Carta 1215, establish?
Established that rule of law should apply and the monarch should operate within it.
45
What was the Bill of Rights 1689?
Stated that parliament was sovereign
46
What was the Act of Settlement 1701?
Established the monarch as a ruler of the whole of the UK
47
What was the Acts of Union 1707?
Abolished Scottish of parliament and established the UK
48
What was the parliament act 1911?
HOL lost powers to regulate finances and could only delay legislation for 2 years
49
What was the parliament act 1949?
Reduced delaying period to 1 year making the HOC the senior house
50
What was the European Communities act 1972?
Brought UK into the EU was a key feature of the constitution until voted to leave
51
What was the European (notification of withdrawal) Act 2017?
Gave parliament consent to the UK's exit from the EU
52
Define constitution
How a political state is governed
53
What are the functions of a constitution?
- determine how power should be distributed
- establish political processes
- state limits of government powers
- assert rights of citizens
- establish rules for nationality
- contain rules for amendment
54
What are the features of the USA constitution?
- Written 1787
- Codified
- Entrenched
- Federal
55
Define entrenchment
protects constitution from short term amendment, any changed must be popular and in long term interest
56
What are the advantages of codification?
- Clear to understand
- Citizens can identify
- Examine when in doubt of what to do
57
What are the advantages of entrenchment?
- Protects human rights
| - Gov can't change for own gain
58
Why can't UK parliament be entrenched?
Parliament is sovereign - can't be bound by it's predecessors
59
What is a federal constitution?
Divides sovereignty between a central body and regional, sub-central body
60
What is a unitary constitution?
Sovereignty lies in one place
61
Define sovereignty
Ultimate power and the source of all political power as enforced by the legal system and the state
62
Define Power
A flexible concept and it can be added to or reduced or removed by bodies that hold sovereignty
63
What was the House of Lords act 1999?
Limited the number of hereditary peers to 92
64
What was the Scotland and Wales act 1998?
Established welsh and scottish parliaments
65
What was the Human Rights act 1998?
Brought European convention of human rights into UK law
66
What was the fixed term parliament act 2011?
Elections every 5 years
67
What are the sources for the UK constitution?
- Parliamentary statutes
- Constitutional conventions
- Historical principles and authoritative writing
- Common law
- Customs and traditions
68
What are constitutional conventions?
Unwritten rules that are binding e.g. salisbury convention
69
What did the salisbury convention establish?
HOL can't block any legislation in the government's manifesto
70
What are parliamentary statutes examples?
HOL act
Parliament act
Fixed term parliament act
Scotland and Wales act
71
What are historical principles (w/ example)?
Principles that are effectively binding as it has been established over a long period of time
e.g. the monarch is just a figurehead
72
What are authoritative writings (w/ example)?
Writings by political theorists about how certain sections of government should be run
e.g. Guy O'Donnell - rules on how to establish a coalition government
73
What is common law?
Basic laws that people assume they should have
| e.g. human rights
74
What are customs and traditions?
Traditional ways in which parliament is run
| e.g. the black rod
75
What are the arguments for the UK becoming a codified constitution?
- clarify the nature of the political system
- judicial review is more precise and transparent
- better safeguarding of citizens rights
- clarify relationship with eu
- modernises Uk democracy
76
What are the arguments against the UK becoming a codified constitution?
- more pragmatic as uncodified
- time consuming if entrenched
- not necessarily stable
- difficult to transfer as too many unwritten rules
- lack of restraints create a strong and executive state
- unelected judges into the constitution
77
How did 1997 labour government want the reform the constitution?
Devolution
78
What are the 4 motivations of constitutional reform?
Democratisation
Decentralisation
Stronger protection of rights
Modernisation
79
What is democratiscation?
get rid of aspects that seem undemocratic
80
What is decentralisation?
share out powers from central government
81
What is meant by stronger protection of rights?
ensure citizens rights are being protected
82
What is modernisation?
bring Uk into line with other democracies
83
What was the main aim of of the human rights reform?
To improve human rights of people living in the UK
84
What was the key legislation of the human rights reform?
Convention on human rights
85
What was the main effects of the human rights reform?
- abolished death penalty
- grant foreigners legal rights
- free and fair elections
- codified element of constitution
- can't deny education
86
What was the main aim of electoral reform?
reform the franchise (right to vote) the way in which we vote and the electoral system
87
What was the key legislation of electoral reform?
votes at 16 - allowed in scottish elections/ referendum
voting reform - low voter turnout wanted to make compulsory but not sufficient support
changing electoral systems - referendum in 2011 failed
88
What was the main aim of the freedom of information?
modernisation by allowing citizens the right to obtain publicly held information
89
What was the key legislation of freedom of information?
- data protection act 1998 - gave people right to information about them held by public bodies
- right of public to see inside workings of the government end secrecy culture
- freedom of information act 2000 - have to give out info unless genuine reason
90
What was the main aim of the city government in London?
devolution of power and decentralisation
91
What was the key legislation of the city government in London?
- City government and city devolution - transfer of wider powers to cities and regions led by an elected mayor who have extensive control over budget and tax raising powers
92
What was the main aims of the reformation of the judiciary?
Democratisation
93
What was the key legislation of the reformation of the judiciary?
constitutional reform act 2005 - address issues of the judiciary system e.g. supreme court and independence from government
94
What was the main effects of the reformation of the judiciary?
- separation of the judiciary and the government
- supreme court - opened in 2009 replacing HOL as highest court
- appointment of senior judges - stopped bias of political views
95
What was the fixed term parliament act 2011?
Took away the power from PM to call an election whenever they wish
An early election would only be called if there was a vote of no confidence or 2/3 parliament passed a motion for it
96
What were the constitutional reforms since 2010?
- Elected mayors
- Fixed term parliament act 2005
- Elected police commissioner
- City devolution
- Recall of MPs - triggers by-elections if imprisoned/suspended
97
Define devolution
Process of delegating power but not sovereignty to specific regions of the UK. The power can be returned through a constitutional statute, so it doesn't erode parliamentary sovereignty
98
What is quasi-federalism?
A system of devolution where it is unlikely/difficult for power to be returned to central government
99
What happened with devolution in the 1970s?
- 1974-1979 lib-lab led devolution referendums in Wales/Scotland for liberal support
- Said needed majority vote and support from 40% of the population
- Wales voted no but Scotland voted yes however only had a 62% turnout so lost
100
What happened with devolution in the 1990s?
- Renewed signs of nationalism in Scotland and Wales
| - Devolution settlement needed in Northern Ireland to accompany religious settlement
101
What are the 3 main aspects of devolution?
Legislative powers
Administrative powers
Financial powers
102
What are administrative powers?
Powers and responsibility to implement and administer laws and organise state services
103
What are legislative powers?
Devolved assemblies or parliaments can make laws that will be enforced within their territories
104
What are financial powers?
Can raise their funds from taxation or other means so that they can become financially independent
105
When/In what way was the UKs constitution codified?
During the civil war The Instrument of Government was drafted 1653
Magna Carta 1215
