The constitution - evidence Flashcards
(92 cards)
1
Q
1.1 What are the main sources of the UK constitution?
A
Statute law, Common law, Convention, Landmark decisions, Authoritative Works, Treaties (SCCLAT)
2
Q
1.1 How can you remember the sources of the UK constitution easily?
A
SCCREW: Statute law, Common law, Conventions, Royal prerogative, External constitutional agreements/treaties, Works of authority (e.g., A.V. Dicey).
3
Q
1.2 What was the significance of the 1215 Magna Carta?
A
The Magna Carta guaranteed certain basic rights, including that citizens shouldn’t be imprisoned without a trial.
4
Q
1.2 What did the 1689 Bill of Rights establish?
A
The Bill of Rights established a constitutional monarchy in the UK.
5
Q
1.2 What did the 1701 Act of Settlement outline?
A
The Act of Settlement outlined the succession to the throne.
6
Q
1.2 What was the impact of the 1707 Acts of Union?
A
The Acts of Union created Great Britain by formally joining Scotland to England and Wales.
7
Q
1.2 What change did the 1911 Parliament Act bring about?
A
The Parliament Act removed the House of Lords’ power to veto a Bill, except one to extend the lifetime of Parliament.
8
Q
1.2 What was the significance of the 1928 Representation of the People Act?
A
The 1928 Representation of the People Act granted women voting rights.
9
Q
1.2 What did the 1970 Equal Pay Act address?
A
The 1970 Equal Pay Act made it illegal for men to be paid more than women for the same job.
10
Q
1.2 What was the purpose of the 1972 European Communities Act?
A
The 1972 European Communities Act incorporated EU law into UK law.
11
Q
1.2 What did the 1997 Devolution bring about?
A
The 1997 Devolution Act devolved powers to Scotland, Wales, and Northern Ireland.
12
Q
1.2 What was the significance of the 1998 Human Rights Act?
A
The Human Rights Act incorporated the European Convention on Human Rights into UK law.
13
Q
1.2 What change occurred in the 1999 House of Lords (HoL) Reform?
A
The 1999 HoL Reform abolished all but 92 hereditary peers in the House of Lords.
14
Q
1.2 What did the 2000 Freedom of Information Act provide?
A
The 2000 Freedom of Information Act provided public access to documents held by public authorities.
15
Q
1.2 What did the 2005 Constitutional Reform Act create?
A
The 2005 Constitutional Reform Act created the UK Supreme Court.
16
Q
1.2 What did the 2010 Equality Act address?
A
The 2010 Equality Act consolidated and expanded laws on equality and discrimination.
17
Q
1.2 What did the 2010 Constitutional Reform Act introduce?
A
The 2010 Constitutional Reform Act introduced elected chairs of committees.
18
Q
1.2 What did the 2011 Fixed Term Parliament Act do?
A
The 2011 Fixed Term Parliament Act established a fixed term for parliamentary elections, later repealed and replaced by the Dissolution and Calling of Parliament Act 2022.
19
Q
1.2 What was the significance of the 2014 Wales Act?
A
The 2014 Wales Act devolved the power to make primary legislation imposing taxes to Wales.
20
Q
1.2 What did the 2015 Recall of MPs Act allow?
A
The 2015 Recall of MPs Act allowed constituents to recall their MPs in certain circumstances.
21
Q
1.2 What was the purpose of EVEL from 2015-2021
A
EVEL (English Votes for English Laws) gave MPs from England the power to veto laws that only affected England.
22
Q
1.2 What did the 2016 Scotland Act establish?
A
The 2016 Scotland Act further devolved powers to the Scottish Parliament.
23
Q
1.2 What did the 2017 Burns report suggest?
A
The 2017 Burns report suggested reducing the number of Lords and implementing term lengths.
24
Q
1.2 What was the outcome of Johnson’s 2019 attempt to prorogue Parliament?
A
Johnson’s attempt to prorogue Parliament was ruled unlawful in the case of R v Miller 2
25
1.2 When did the UK officially leave the EU?
The UK officially left the EU in 2020.
26
1.2 What was the purpose of the 2024 debate on the House of Lords (Hereditary Peers) Bill?
The debate on the 2024 House of Lords (Hereditary Peers) Bill sought to remove the 92 remaining hereditary peers from the House of Lords.
27
1.3 Why is the UK constitution considered unitary despite devolution?
The UK constitution is considered unitary because ultimate sovereignty rests with Westminster, even though devolved powers are granted to regions like Scotland, Wales, and Northern Ireland. This setup is referred to as quasi-federalism.
28
1.3 What happened in 2023 regarding the Scotland Act 1998 and the Gender Recognition Act?
The Scotland Act 1998 was used in 2023 to block the Gender Recognition Act passed by the Scottish Parliament, showing the limits of devolution.
29
1.3 What power was granted to Manchester in 2016 regarding health and social care?
In 2016, Manchester was granted the power to control its own budget for health and social care.
30
1.3 What was the outcome of the 2004 referendum on the establishment of an assembly in North East England?
A proposal to establish an assembly in North East England was defeated by a 78% 'no' vote in the 2004 referendum.
31
1.3 How does spending per head in England compare to other regions of the UK in 2022-2023?
Spending per head in England is lower than in any other region:
Scotland: £14,456
Northern Ireland: £14,453
Wales: £13,967
England: £12,227
32
1.3 What significant event was caused by the Good Friday Agreement in 1998?
The establishment of Stormont in Northern Ireland based on the Good Friday Agreement helped end The Troubles (1968-1998).
33
1.3 What does the Local Government Act 2000 allow local governments to do
The Local Government Act 2000 gives local government the power to hold a devolution referendum to decide if devolved powers are needed.
34
1.3 Why has the Northern Ireland Assembly been dissolved on multiple occasions?
The Northern Ireland Assembly has been dominated by Westminster and has been dissolved several times, such as from 2002-2007 (Stormont collapsed in January 2017 when the two biggest parties - the Democratic Unionist Party (DUP) and nationalist party Sinn Féin - split in a bitter row over the DUP's handling of a green energy scandal.) and from 2022-2024 (after the Democratic Unionist Party (DUP) withdrew in protest against post-Brexit trade checks between the region and Great Britain)
35
1.3 What agreement broke down in Scotland in 2024?
The Bute House agreement - power sharing agreement between the Scottish Greens and SNP, reflecting ongoing tensions in Scottish politics.
36
1.3 What electoral system is used in Scotland, Wales, and Greater London Authority?
Additional Member System
37
1.3 What electoral system is used in Northern Ireland?
Single transferrable vote
38
1.3 What electoral system was used for mayoral elections until 2021?
Supplementary vote
They now use FPTP
39
1.3 What is the trend in voter turnout for mayoral elections in London, Manchester, and the West Midlands?
Voter turnout for mayoral elections has been low, showing a lack of public interest in having a mayor:
London: 2024 - 40.5%, 2021 - 42.2%, 2016 - 45.3%, 2012 - 38.1%
Manchester: 2024 - 32%, 2021 - 34.7%, 2017 - 28.9%
West Midlands: 2024 - 29.8%, 2021 - 31.2%, 2017 - 26.7%
40
1.3 What was EVEL (2015-2021)?
English Votes for English Laws (EVEL) was a system where only English MPs voted on matters that specifically affected England, while decisions on devolved matters were excluded from debates involving MPs from Scotland, Wales, and Northern Ireland.
41
1.3 Why was EVEL repealed?
EVEL was repealed because MPs from constituencies near devolved borders complained about unfairness in discussing issues affecting only England while excluding devolved bodies.
42
1.4 What change did Boris Johnson make regarding the Fixed-Term Parliaments Act 2011?
Boris Johnson repealed the Fixed-Term Parliaments Act 2011 with the Dissolution and Calling of Parliament Act 2022, returning the power to the Prime Minister to choose when to call a general election.
43
1.4 Why did Rishi Sunak choose to call a general election on 4th July?
Rishi Sunak called the election on 4th July because the Conservatives had successfully lowered inflation, and they wanted to capitalise on the positive economic change.
44
1.4 What did Amnesty International accuse the UK Parliament of in April 2024?
Amnesty International accused the UK Parliament of “deliberately destabilising” human rights through the Safety of Rwanda 2024, the Public Order Act 2023 (right to protest), and Sunak’s plans to criminalise rough sleepers.
45
1.4 What warning did Lord Clarke give regarding the Safety of Rwanda Bill
Lord Clarke warned that the Safety of Rwanda Bill would move the UK towards an ‘elective dictatorship.’
46
1.4 What was the outcome of the Supreme Court ruling on the Rwanda scheme?
The Supreme Court ruled that the Rwanda scheme was unlawful because Rwanda was deemed an unsafe country, but the government passed a bill declaring Rwanda a safe country and proceeded with the plan.
47
1.4 How did the Coronavirus Act 2020 affect individual rights during the COVID-19 pandemic?
The Coronavirus Act 2020 granted emergency powers to the government, curtailing individual rights such as freedom of assembly and movement due to lockdown restrictions. This affected the right to liberty and security (Article 5).
48
1.4 Why were the curtailments of rights during the COVID-19 pandemic considered necessary?
The curtailments were considered necessary to stop the spread of the pandemic and protect public health.
49
1.4 What did the Partygate scandal reveal about the government?
The Partygate scandal exposed the abuse of power by Boris Johnson and his cabinet during lockdown, showing that the government was not transparent and not easily scrutinised by the public.
50
1.4 How did the liaison committee hold Boris Johnson accountable for Partygate?
The liaison committee (composed of the chairs of all select committees) grilled Johnson about Partygate, holding him accountable for his misconduct and for misleading Parliament during the investigation, showing that Parliament can check the power of the government.
51
What did the Constitutional Reform Act 2005 do?
The Constitutional Reform Act 2005 established the UK Supreme Court by separating the judiciary from the Law Lords in the House of Lords to maintain judicial independence and neutrality.
52
Why is the UK Supreme Court considered weak?
The UK Supreme Court is considered weak because of parliamentary sovereignty and the uncodified, unentrenched constitution, which lacks legal power to enforce other branches to obey its rulings.
53
What did the 2017 Burns report call for?
The 2017 Burns report called for a reduction in the size of the House of Lords and term limits for members, suggesting that the House of Lords still needs constitutional reform.
54
What are some criticisms of the House of Lords?
The House of Lords is criticized for being unrepresentative, with an average age of 71, 70% of members having received private education, only 28% being women, and only 2.6% being from Black and Minority Ethnic (BME) backgrounds.
55
What did the Freedom of Information Act 2000 allow the public to do?
The Freedom of Information Act 2000 allowed the public to access official documents held by public bodies, such as the exposure of the MP Expenses scandal in 2009.
56
What is a limitation of the Freedom of Information Act?
A limitation is that only the government can define what is considered “public interest,” and many details are censored, with five vetoes over publications under the Act.
57
Why did Tony Blair regret introducing the Freedom of Information Act?
Tony Blair called himself “naive” for introducing the Act, arguing that it was mainly used by journalists for political purposes and that it reduced government effectiveness by limiting ministers' ability to discuss matters confidentially.
58
What did the Wright Committee (2009) recommend for the House of Commons?
The Wright Committee recommended reforms such as limiting committee size to 11 members, electing committee chairs through secret ballot, creating a Backbench Business Committee, and establishing an e-petition system.
59
What is the purpose of the Recall of MPs Act 2015?
The Recall of MPs Act 2015 allows the public to trigger a by-election if 10% of registered voters sign a petition to recall their MP. For example, Fiona Onasanya was recalled due to custodial sentencing
60
What has Rishi Sunak said about the European Court of Human Rights?
Rishi Sunak stated, “If we are forced to choose between our security and the jurisdiction of a foreign court, including the ECtHR, we will always choose our security,” showing growing calls to leave the ECHR.
61
What has Suella Braverman said about the ECHR?
Suella Braverman stated that the ECHR “is at odds with the will of Parliament or British values,” implying that it threatens national sovereignty and rights.
62
What reforms did Labour pledge in their 2024 manifesto regarding the House of Lords?
Labour pledged to remove the right of hereditary peers to sit and vote in the House of Lords, introduce a mandatory retirement age of 80, and establish a new participation requirement for members.
63
What was the significance of the Magna Carta 1215?
The Magna Carta was the oldest statement of rights in the UK, aimed at limiting royal power and protecting the rights of subjects.
64
What did the Bill of Rights 1689 establish?
The Bill of Rights 1689 established the constitutional monarchy in the UK, setting out certain rights for Parliament and individuals.
65
What did the Representation of People Act 1918 achieve?
The Representation of People Act 1918 expanded voting rights, giving women over 30 the right to vote for the first time.
66
What was the Social Chapter 1997?
The Social Chapter, part of the EU Treaty, aimed to protect workers' rights, including anti-discrimination laws and better conditions for workers.
67
What does the Human Rights Act 1998 do?
The Human Rights Act 1998 incorporates the European Convention on Human Rights (ECHR) into UK law, providing legal protection for individual rights.
68
What did the Race Relations Act 1965 address?
The Race Relations Act 1965 banned racial discrimination in public places, marking a significant step towards racial equality.
69
What rights were provided by the Data Protection Act 1984?
The Data Protection Act 1984 gave individuals legal rights regarding their personal data held on computers, ensuring privacy protection.
70
How did the 1998 Human Rights Act protect individual freedoms?
The 1998 Human Rights Act gave people legal protection of their human rights, such as freedom from torture, the right to a fair trial, and freedom of expression.
71
What did the Marriage (Same-Sex Couples) Act 2013 achieve?
The Marriage (Same-Sex Couples) Act 2013 legalized same-sex marriage across all parts of Britain.
72
What did the Investigatory Powers Act 2016 give the government?
The Investigatory Powers Act 2016 gave greater surveillance and data access powers to the police, sparking concerns over privacy.
73
What were the implications of the Police, Crime, Sentencing and Courts Act 2022?
The Police, Crime, Sentencing and Courts Act 2022 gave police more powers around protests and criminalized one-person protests, limiting freedom of expression.
74
What did the Public Order Act 2023 allow the police to do?
The Public Order Act 2023 gave police additional powers to prevent disruptive protest tactics, such as "locking-on" and disrupting infrastructure. This law was criticized by the UN and Amnesty International.
75
What was the Infected Blood Inquiry Scandal about?
The Infected Blood Inquiry revealed that the UK government and NHS hid the fact that patients were given infected blood, leading to deaths from HIV and Hepatitis C.
The enquiry began its work in July 2018. The inquiry's final report was published on May 20, 2024.
76
What did the Poundland case 2013 (Cait Reilly) address?
The Poundland case ruled that forcing Cait Reilly to work for free as a condition of claiming jobseekers’ allowance was unlawful, highlighting rights to fair treatment and transparency.
77
How did the 2019 case involving Shamima Begum highlight issues with citizenship?
Shamima Begum's citizenship was revoked on national security grounds after she joined ISIS. Her multiple appeals to regain her citizenship and return to the UK have been unsuccessful, raising questions about citizenship rights and national security.
78
What was the outcome of the Ashers Baking Company case (2018)?
The UK Supreme Court ruled in favor of Ashers Baking Company, which refused to make a cake with a pro-same-sex marriage message, citing the bakery owner's religious beliefs. The court held that the refusal was based on the message, not the customer's sexual orientation.
79
Why did Tony Blair's government want to extend the detention period for individuals without charge?
Blair’s government proposed extending the detention period from 14 to 90 days, but this was rejected by Parliament, protecting individual rights against excessive government power.
80
What was the significance of the Abu Qatada case?
Abu Qatada, a radical Muslim cleric, was unable to be deported to Jordan for years due to concerns over fair trials and evidence obtained through torture. The UK and Jordan eventually signed a treaty allowing his deportation.
81
What was the British Bill of Rights proposal and why did it face criticism?
In June 2022, the UK government proposed the British Bill of Rights to replace the Human Rights Act. It was criticized for potentially weakening individual rights, as it gave the government more power over how rights were interpreted and enforced.
82
What did the Independent Human Rights Act Review (IHRAR) in December 2020 aim to assess?
It aimed to evaluate the effectiveness of the Human Rights Act, particularly the implementation of rights like Article 2 (Right to life). It emphasized that while UK courts are not bound by the ECHR, they should consider its rulings.
83
What was the April 2025 UK Supreme Court ruling on the Equality Act 2010?
The Supreme Court ruled that “sex” refers to biological sex and not gender identity in the Equality Act. This had real-world effects on institutions like schools and hospitals regarding access to changing rooms and toilets.
84
What has Keir Starmer said about the UK's relationship with the ECHR?
On 18 July 2024, Starmer affirmed that a Labour government will never leave the ECHR.
He also emphasized the importance of international agreements in forming immigration deals, stating that leaving the ECHR would require “disentangling ourselves” from these structures.
85
Why did the Northern Ireland Assembly become non-functional in 2022?
In February 2022, the DUP withdrew from the Northern Ireland Executive due to disagreements over the Northern Ireland Protocol, halting the Assembly's functionality until 2024.
86
What was the Windsor Framework Act 2023 and what did it replace?
It replaced the Northern Ireland Protocol and aimed to reduce trade barriers between Northern Ireland and Great Britain, easing tensions and facilitating smoother commerce.
87
What was the significance of Scotland’s Gender Recognition Reform Bill in 2023?
The bill aimed to simplify legal gender transition, but was blocked by the UK Government using Section 35 of the Scotland Act, marking the first use of this power and sparking a constitutional clash
88
What major constitutional change was made in Wales?
The Senedd (Welsh Parliament) will be expanded from 60 to 96 members, and proportional representation via closed party lists will be introduced by 2026.
89
What is the Bee Network in Greater Manchester and why is it significant?
Launched in 2023, the Bee Network reunifies public transport—trams and buses—under local control for the first time since the 1980s. It ensures equitable pricing and enhances accessibility.
90
What was the Trailblazer Deal for Greater Manchester in 2023?
The deal gave Greater Manchester devolved powers and increased funding for areas like housing and education, similar to the devolved powers in Scotland and Wales.
91
What constitutional development took place in London in December 2024?
London Councils described the English Devolution White Paper as a “golden opportunity” to formalize collaboration between boroughs and the Mayor, allowing London to act more autonomously and compete globally.
92
What new areas were granted regional devolution powers under Labour in February 2025?
As of 5 February 2025, the following areas received new regional devolution powers:
Cumbria
Norfolk/Suffolk
Cheshire/Warrington
Greater Essex
Sussex and Brighton
Hampshire and Solent
