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Flashcards in UK constitution Deck (45)
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1
Q

arguments in favour of the uk having a codified constitution

A

it is the logical conclusion of recent constitutional reforms (the Human Rights Act 1998 and the Scotland Act 1998), it would provide greater clarity on what is constitutional, it would be an authoritative reference point for the courts, it would set limits on the powers of the state and its institutions, it would provide greater protection for the right of citizens, it would better inform citizens about the values and workings of the political system

2
Q

arguments against the UK having a codified constitution?

A

pragmatic adaptation has worked well and is preferable, there is no agreed process for establishing a codified constitution, there is no elite consensus on what a codified constitution should include, it would be rigid and difficult to amend, it would give judges who are unaccountable greater political power, there is no great popular demand and other issues are more important.

3
Q

what is a constitution?

A

a set of rules determining where sovereignty lies in a political system, and establishing the relationship between the government and the governed

4
Q

what does unentrenched mean?

A

a constitution with no special procedure for amendment

5
Q

what does uncodified mean?

A

a constitution not contained in a single written document

6
Q

what does unitary mean?

A

a political system where all legal sovereignty is contained in a single place

7
Q

what does parliamentary sovereignty mean?

A

the principle that parliament can make, amend or unmake any law, and cannot bind its successors or be bound by its predecessors

8
Q

what is the rule of law?

A

the principle that all people and bodies, including government, must follow the law and can be held to account if they do not

9
Q

what does statute law mean?

A

laws passed by parliament

10
Q

what does common law mean?

A

laws made by judges where the law does not cover the issue or is unclear

11
Q

what are conventions?

A

traditions not contained in law but influential in the operation of a political system

12
Q

what are authoritative works?

A

works written by experts describing how a political system is run, they are not legally binding but are taken as significant guides

13
Q

what are treaties?

A

formal agreements with other countries, usually ratified by Parliament

14
Q

what is devolution?

A

the dispersal of power, but not sovereignty, within a political system

15
Q

what are some examples of statute laws of historical importance?

A

Great Reform Act 1832 (extended the franchise), Parliament Acts 1911 and 1949 (established House of Chambers as dominant chamber), European Communities Act 1972 (by which the UK joined the European Economic Community and incorporated the Treaty of Rome into UK law), Scotland Act 1998, Human Rights Act 1998, Fixed-term Parliaments Act 2011

16
Q

what is judicial review? (in the UK context)

A

the power of senior judges to review the actions of government and public authorities and to declare them unlawful if they have exceeded their authority

17
Q

what is royal prerogative?

A

discretionary powers of the crown that are exercised by government ministers in monarchs name

18
Q

what are the sources of the UK constitution?

A

statute law, common law, the royal prerogative, conventions, authoritative works

19
Q

examples of works of authority

A

Erskine May’s ‘A treatise on the law, privileges and proceedings and usage of Parliament’ (1844)
Walter Bagehot’s ‘The English Constitution’ (1867)
A. V. Diceys ‘An introduction to the study of the Lawof the Constitution’ (1885)

20
Q

what did the 2011 Cabinet Office Manual seek to do?

A

bring together many conventions in a single document

21
Q

what is an example of a convention?

A

the monarch must give their assent to Acts of Parliament

22
Q

what prerogative powers have been weakened/ended?

A

the prerogative power to dissolve parliament was ended by the fixed-term parliament (however this may be repealed as proposed by the current government) and the constitutional Reform and Government Act 2010 put the parliamentary scrutiny of treaties on a statutory basis

23
Q

parliamentary sovereignty in practice

A
  • under the European Communities Act 1972, parliament effectively agreed to make itself subservient to European law
  • New Labour’s devolution programme saw the Scottish Parliament being granted tax-varying powers and primary legislative control over many areas of government operation
  • Although UK referendums are technically only advisory in nature, their increased use 1997 could be said to have transferred a degree of legislative power from parliament back to the people
24
Q

what are the key principles which are said to underpin the UK constitution?

A
  • parliamentary sovereignty
  • the rule of law
  • a unitary state
  • parliamentary government under a constitutional monarchy
25
Q

what are the strengths and weaknesses of the uk constitution?

A

strengths: adaptability, strong government, accountability
weaknesses: outdated and undemocratic, concentration of power, lack of clarity

26
Q

what were the four main themes of constitutional reform in 1997-2010

A

modernisation, democratisation, decentralisation, rights

27
Q

what was labours constitutional reforms 1997-2010 to do with rights?

A
  • The Human Rights Acts 1998 incorporates the European Convention on Human Rights into UK law
  • The Freedom of Information Act 2000 gives greater greater access to information held by public bodies
28
Q

what was labours constitutional reforms 1997-2010 to do with devolution?

A
  • A Scottish parliament with primary legislative and tax raising powers
  • A Northern Ireland Assembly with primary legislative powers
  • A Welsh Assembly with secondary legislative powers
  • A directly elected mayor of London and a London Assembly
  • Electoral mayors in some English authorities
29
Q

what was labours constitutional reforms 1997-2010 to do with electoral reform?

A

New electoral systems for devolved assemblies, for the European parliament and for elected mayors

30
Q

what was labours constitutional reforms 1997-2010 to do with parliamentary reform

A
  • all but 92 hereditary peers are removed from the house of lords
  • limited reforms to the workings of the house of commons (select committee system - chairs elected by backbenchers, BBBC, petitions committee)
31
Q

what was labours constitutional reforms 1997-2010 to do with the judiciary?

A
  • The constitutional reform act 2005 (reduced role of Lord Chancellor, made supreme court highest court and removed judicial role of house of lords)
  • Supreme court started work in October 2009
  • New judicial appointments system
  • Changes to the role of lord chancellor
32
Q

what were successful constitutional reforms of the coalition government?

A

Scotland Act (2012) implementing Calman Commission report on further powers, referendum on further legislative powers for Wales (2011), Fixed-term parliament act (2011), European Union Act (2011) making future EU treaties subject to referendum lock, Wright reforms in House of Commons creating BBBC, petitions to force issues onto Parliaments agenda, Recall of MPs Act (2015), elected police commissioners

33
Q

what were the failed constitutional reforms of the coalition government?

A

alternative vote referendum defeated (2011), elected second chamber - Lords reform bill reform withdrawn (2012), planned reduction of House of Commons to 600 MPs aborted (2013), failure of inter-party talks to reform party, funding, only two out of Englands 12 largest opt for elected mayors, abandonment of 200 all-postal primaries

34
Q

what shows that even before it was removed by the current conservative government that the fixed term parliament act had limitations

A

Theresa May called an early election in 2017 by introducing a motion and achieving a 2/3 majority in the Commons - the opposition could not oppose the motion as they would have appeared weak in avoiding an election

35
Q

what did the Recall of MPs Act 2015 do?

A

provided for constituencies to ‘recall’ an MP who had been involve in some kind of misbehaviour. requires a petition supported by at leat 10% of the MPs constituents

36
Q

what did the Scotland Act 2012 do?

A

the act gave the Scottish parliament the power to vary income tax up or down 10 pence in the pound and devolved further powers to the Scottish parliament. allowed Scottish government to borrow up to £2.2bn per annum

37
Q

what did the protection of Freedoms Act 2012 do?

A

offered citizens greater protection from the state by putting in place proper scrutiny of the security services and oversight of surveillance and data collection

38
Q

what did the House of Lords reform act 2012 do?

A

the act was aimed at halting the inexorable increase in the number of those eligible to sit and vote in the House of Lords, by giving existing peers the right to retire or resign their seats in chamber. It also allowed peers to be removed as a result of serious criminal offences or non-attendance. 54 peers had resigned under the terms of the Act by 2016, with 4 removed for non-attendance

39
Q

why did the planned reduction of the House of Commons to 600 MPs fail?

A

the Lib Dems originally supported the planned reduction until the defeat in 2012 to their proposals for an elected House of lords due to 91 conservatives voting against it at its second reading. Nick Clegg claimed the conservatives had ‘broken their coalition contract’ when he announced the government was abandoning the bill in august 2012 and the lib dems withdrew their support for the reduction of the size of house of commons and voted against the orders for 600 new constituencies in retaliation.

40
Q

how many of the the conservatives and lib dems reforms had been delivered by 2015?

A

8 conservative reforms and 5 of the Lib dems

41
Q

what are important constitutional reforms since 2015?

A

EVEL, the Scotland Act 2016, Brexit, City devolution outside London

42
Q

what are the aims of further constitutional reform?

A

active participation and engagement, fair representation, good governance

43
Q

what are possible ways active participation and engagement could be encouraged by further reform?

A

simplifying voter registration, lowering voting age to 16, making wider use id e-democracy, opening up candidate selection

44
Q

what are ways in which further constitutional reform could provide for good governance and restore trust?

A

completing lords reform, modernising the commons, enhancing local democracy

45
Q
A