The Constitution Flashcards

(45 cards)

1
Q

Devolution Undermines Unity - What is one way devolution may be undermining UK unity related to Scotland?

A

The rise in demands for Scottish independence, especially after Brexit, with the SNP pushing for IndyRef2.

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2
Q

Devolution Undermines Unity - What happened in the 2014 Scottish Independence Referendum?

A

Scotland voted “No” to independence, but the issue remained unresolved, especially after Brexit.

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3
Q

Devolution Undermines Unity - What does the “West Lothian Question” highlight?

A

The imbalance where Scottish MPs can vote on English issues, but English MPs can’t vote on devolved Scottish matters.

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4
Q

Devolution Undermines Unity - What was EVEL and what happened to it?

A

English Votes for English Laws (EVEL) aimed to address the West Lothian Question; it was introduced in 2015 but scrapped in 2021.

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5
Q

Devolution Undermines Unity - How does the UK’s constitutional framework contribute to disunity?

A

The UK has an uncodified constitution, meaning devolution depends on Acts of Parliament that can be changed or repealed, causing tension.

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6
Q

Devolution Undermines Unity - What 2020 legislation caused controversy among devolved governments?

A

The UK Internal Market Act, seen as undermining devolved powers, especially post-Brexit.

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7
Q

Devolution Preserves/Strengthens Unity - Why does Westminster’s sovereignty support unity?

A

Because the UK Parliament remains legally sovereign and can override devolved powers if necessary.

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8
Q

Devolution Preserves/Strengthens Unity - What did the 2022 Supreme Court ruling decide about Scottish independence?

A

That the Scottish Government cannot hold a referendum without Westminster’s consent.

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9
Q

Devolution Preserves/Strengthens Unity - How does devolution respond to regional needs?

A

By allowing local governments to design policies that suit their populations better than one-size-fits-all UK-wide policies.

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10
Q

Devolution Preserves/Strengthens Unity - What shows strong public support for devolution?

A

The creation of the Welsh Parliament in 2020, replacing the Assembly, showed growing support for devolved powers.

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11
Q

The Constitution Requires Major Change - Why is the UK constitution considered unclear and lacking transparency?

A

It is not written in a single document, making it hard for citizens to know their rights and hold officials accountable.

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12
Q

The Constitution Requires Major Change - What is a key difference between the UK and US constitutions in terms of civil liberties?

A

The UK lacks an entrenched Bill of Rights—civil liberties rely on ordinary Acts of Parliament, which can be easily changed.

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13
Q

The Constitution Requires Major Change - Why are UK rights seen as weakly protected?

A

They are based on the Human Rights Act 1998, which can be repealed or amended by Parliament.

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14
Q

The Constitution Requires Major Change - What has raised concern about the security of rights in the UK?

A

Repeated calls by Conservative governments to repeal or replace the Human Rights Act.

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15
Q

The Constitution Requires Major Change - What does the term “elective dictatorship” refer to in the UK context?

A

Lord Hailsham’s critique that a government with a majority can dominate Parliament and pass laws with minimal checks.

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16
Q

The Constitution Requires Major Change - How does the fusion of powers in the UK lead to excessive executive power?

A

The government controls both the executive and legislature, allowing them to push through major legislation easily.

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17
Q

The Constitution Does Not Require Major Change - How do strong political culture and legal norms support the current constitution?

A

They ensure checks and balances exist, as shown in Miller I (2017), which upheld parliamentary sovereignty.

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18
Q

The Constitution Does Not Require Major Change - What shows that the UK constitution has undergone successful reform?

A

Acts like the Human Rights Act 1998, Freedom of Information Act 2000, devolution, and the creation of the Supreme Court in 2009.

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19
Q

The Constitution Does Not Require Major Change - Why is the UK’s constitution seen as effectively adaptable during crises?

A

It allowed rapid emergency action during COVID-19 (2020–2021) through the Coronavirus Act 2020 without formal constitutional changes.

20
Q

The Constitution Does Not Require Major Change - What does the Coronavirus Act 2020 illustrate about the constitution?

A

That the UK’s flexible, uncodified constitution can support efficient crisis management and law-making.

21
Q

Devolution Has Created More Problems It Has Solved - How has devolution increased nationalism in the UK?

A

The SNP has dominated Holyrood since 2007 and has continued to campaign for independence, especially since Brexit.

22
Q

Devolution Has Created More Problems It Has Solved - What is an example of growing nationalist demands post-Brexit?

A

The SNP’s push for a second Scottish independence referendum (IndyRef2).

23
Q

Devolution Has Created More Problems It Has Solved - How has devolution weakened central authority?

A

Devolved governments opposed the UK Internal Market Act (2020), arguing it undermined their powers, especially post-Brexit.

24
Q

Devolution Has Solved More Problems - How has devolution helped reduce tensions in Northern Ireland?

A

It was central to the Good Friday Agreement (1998), establishing power-sharing and easing sectarian divisions.

25
Devolution Has Solved More Problems - What role does the Northern Ireland Assembly play?
It provides a platform for power-sharing between unionists and nationalists, helping to manage deep-rooted conflict.
26
Devolution Has Solved More Problems - How has devolution encouraged policy innovation?
Regions have introduced tailored policies, like free university tuition and prescriptions in Scotland, and an organ donation opt-out system in Wales.
27
Devolution Has Solved More Problems - How has devolution contained independence movements?
The 2014 Scottish independence referendum was peaceful and democratic, unlike violent separatist movements seen elsewhere (e.g., Catalonia).
28
Wales and Scotland Benefited More From Devolution - How have Wales and Scotland developed distinct political identities through devolution?
They have gained control over key policy areas like education, health, justice, and tax.
29
Wales and Scotland Benefited More From Devolution - What are examples of policy divergence in Scotland and Wales?
Scotland has free university tuition and prescriptions; Wales introduced the organ donation opt-out system.
30
Wales and Scotland Benefited More From Devolution - How has devolution helped contain nationalist tensions in Scotland?
The 2014 independence referendum enabled peaceful democratic expression, with 85% voter turnout.
31
Wales and Scotland Benefited More From Devolution - What is an example of world-leading legislation from Wales linked to devolution?
The Well-being of Future Generations (Wales) Act 2015, requiring public bodies to consider long-term impacts of decisions.
32
Devolution Has Also Benefited England and Northern Ireland - How has devolution supported peace in Northern Ireland?
It enabled the Good Friday Agreement’s power-sharing structure between unionists and nationalists.
33
Devolution Has Also Benefited England and Northern Ireland - How has devolution progressed in England?
England has seen local devolution through the Greater London Authority and elected metro mayors. (Burnham in Manchester)
34
Devolution Has Also Benefited England and Northern Ireland - What powers have metro mayors like Andy Burnham gained?
Influence over local transport, housing, and health policy.
35
Devolution Has Also Benefited England and Northern Ireland - How has devolution enabled progress on controversial cultural issues in Northern Ireland?
The Irish Language Act recently progressed through Stormont, showing the benefits of power-sharing and compromise.
36
The UK Needs A Codified & Entrenched Constitution - How would a codified constitution limit government power?
It would clearly define and restrict government powers, preventing unchecked authority.
37
The UK Needs A Codified & Entrenched Constitution - What is meant by “elective dictatorship” in the UK context?
Lord Hailsham's term for a government with a strong majority being able to pass major laws with little scrutiny.
38
The UK Needs A Codified & Entrenched Constitution - How would a codified constitution protect individual rights?
It would replace the vulnerable Human Rights Act with entrenched rights that Parliament cannot easily amend or repeal.
39
The UK Needs A Codified & Entrenched Constitution - What has caused concern about the protection of rights in the UK?
Conservative proposals to replace the Human Rights Act with a British Bill of Rights, raising fears of weakened protections.
40
The UK Needs A Codified & Entrenched Constitution - How would a codified constitution help in times of constitutional confusion?
It would provide clear legal guidance, avoiding disputes like those resolved in Miller (2017) and Miller (2019) cases.
41
The UK Doesn't Need A Codified & Entrenched Constitution - Why is the UK’s current constitutional flexibility seen as a strength?
It allows quick adaptation to political and social change without formal amendments.
42
The UK Doesn't Need A Codified & Entrenched Constitution - What are examples of major reforms made under the current constitution?
Devolution, House of Lords reform, and the creation of the Supreme Court (2009).
43
The UK Doesn't Need A Codified & Entrenched Constitution - How could codification lead to politicised judges?
In codified systems, judges can strike down laws, as seen in the US where courts often issue politically charged rulings.
44
The UK Doesn't Need A Codified & Entrenched Constitution - What is judicial activism and why is it a concern?
When judges influence policy through their rulings; it could undermine parliamentary sovereignty in the UK.
45
The UK Doesn't Need A Codified & Entrenched Constitution - What shows that constitutional reform is possible without codification?
Reforms like the Human Rights Act (1998), Freedom of Information Act (2000), and the Constitutional Reform Act (2005) happened without needing to entrench a constitution.