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Politics > UK constitution > Flashcards

UK constitution Flashcards

1
Q

Laporte case

A
  • 2006
  • Used Article 8 (the right to a private life) and Article 10 (freedom of expression) of the HRA
  • Found that the police acted illegally when stopping 120 anti-Iraq protestors reaching RAF Fairford in 2003
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1
Q

HJ and HT vs the Home Office

A
  • 2010
  • Lord Hope successfully used the HRA (the right to be who you are and to express this)
  • Ruled that the government saying two gay people could not claim asylum based on their sexuality because they could suppress their homosexual behaviors to avoid persecution was contrary to the HRA.
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2
Q

Police, Crime, Sentencing and Powers Act

A
  • 2022
  • Allows the home secretary to ban ‘unacceptable protests’
    Statutory offence of up to 10 years in prison for causing a ‘public nuisance’
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3
Q

Investigatory powers Act

A
  • 2016
  • Gave intelligence services increased powers allowing increased electronic surveillance of private individuals.
    Civil liberties groups dubbed it ‘The Snoopers Charter’
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4
Q

Counter-Terrorism and Security Act

A
  • 2015
  • Requires universities and schools to ban speakers who are deemed as extreme and may try to radicalize young people.
  • By monitoring and censoring debate, it is often seen as a threat to FOS
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5
Q

First miller case

A
  • 2017
  • Ruled that may must gain the consent of parliament before negotiating an exit agreement with the EU
    Ruled that a referendum result did not give may the mandate to negotiate with the EU and that parliamentary sovereignty required consent of parliament.
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6
Q

Scotland Act (1998)

A
  • Established the Scottish parliament and Executive
  • Devolved key legislative powers such as: health, education, income tax varying of 3p on the pound, law and order, the environment.
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7
Q

Scotland Act (2012)

A

Devolved further powers to Scotland:
- Varying the income tax rate by 10p for every pound
- Allowing the Scottish government to borrow up to £5 billion.

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8
Q

Scotland Act (2016)

A

Devolved further powers as part of the promises made in the independence campaign in 2014:
- Power over abortion policy
- Air passenger duty
- Speed limits

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9
Q

Policy differences in Scotland due to devolution

A
  • free prescriptions since 2011
  • Free uni for Scottish citizens
  • Voting age in local elections, elections to the Scottish Parliament and referendums has been decreased to 16
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10
Q

Fixed Term of parliament Act

A

The Fixed-term Parliaments Act 2011 set a five-year interval between ordinary general elections. General elections are scheduled to take place on the first Thursday in May in every fifth year. The next general election is scheduled to take place on 2 May 2024.

The Act includes two mechanisms that could lead to early general elections. The Act specifies that early elections can be held only:

if a motion for an early general election is agreed either by at least two-thirds of the whole House or without division; or
if a motion of no confidence is passed and no alternative government is confirmed by the Commons within 14 days.

Repealed in 2022

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11
Q

Unitary

A

in a unitary state, power is centralized and the government posses absolute authority.

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12
Q

Statute law

A

A bill passed in both houses of parliament and given royal assent. In the UK there is no higher authority

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13
Q

Parliament Act (1911)

A
  • Removed HOL veto
  • Established the principle that Parliament should reflect the democratic will of the people expressed via the HOC
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14
Q

Representation of the peoples Act

A
  • 1928
    Established universal suffrage
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15
Q

Common law

A

Judgements made by judges in important legal cases. These judgements set precedent for cases in the future.

16
Q

Somerset vs Stewart

A

A black slave (Somerset) was imprisoned for escaping by Stewart. Somersets’ lawyers argued that there is no law meaning this is a prison able offence and the judge sided with them. This is significant because it outlawed elements of slavery in common law long before an Act of parliament outlawed slavery.

17
Q

Sailsbury convention

A
  • Dates back to the Labour government of 45-51
  • The HOL will not block any legislation in a governing parties manifesto
18
Q

Ministerial code

A
  • 1997 and regularly updated
  • The rules applying to ministers and the circumstances in which they must resign.
  • Not part of law but instead a convention
19
Q

The English Constituiton

A
  • 1867
  • Explains the relationship between the monarchy, the executive and the legislature
  • A key constitutional text
20
Q

Erskin may

A
  • A clerk in the HOC
  • She published minute details on how the parliamentary process operates and it has been updated 25 times since (2022).
21
Q

Erskin May used

A

Bercow used it to stop May re introducing her unchanged Brexit deal to parliament as he quoted Erskin may to argue and unchanged amendment or bill cannot be re-introduced.

22
Q

Themes of blairs constitutional reform programme

A
  • Decentralisation
  • Democratisation
  • Transparency
  • Rights protection
23
Q

Reforms under Blair

A
  • Devolution
  • HOL refrom
  • Electoral system reforms (propotional ussage in devolved adminsitrations)
  • HRA
  • SC
24
Q

Constitutional Reform Act

A
  • 2005
  • Prior, the Lord Chancellor was part of the legislature (the HOL) and part of the executive (member of cabinet)
  • Ended HOL judicial function and established the independent SC in Middlesex Guildhall Judicial Appointment Committee now makes appointment recommendations instead of the Lord Chancellor
  • Lord Chancellors functions merged with those of the Justice Secretary and a new non-political chief justice now heads the SC
25
Q

Constitutional reforms under the Coalition government

A
  • Further devolution
  • Electoral reform (election on AV)
  • Parliamentary reform
  • Elected police and crime commisioners
  • Power of recall
26
Q

Parliamentary reforms under the coalition

A
  • Parliamentary backbench committee (given 35 days a year to timetable the debates)
  • Membership of slect commitees to be determined by MPs in a secret ballot rather than by the whips. This increased the legitimacy of select committees and gave them more confidence when criticizing government.
  • 100k signatures on an e-petition means it is likely to be debated. This aimed to make parliament more relevant to peoples everyday lives
27
Q

Recall of MPs Act

A
  • 2015
  • Constituents can demand a by-election if there MP is imprisoned, suspended for over 10 days from parliament or made misleading or false allowances claims and 10 percent of there constituents sign a petition calling for there recall.
28
Q

Policy differences in Wales as a result of devolution

A
  • Introduced an opt-out organ donor scheme before the rest of the UK
  • Introduced a fee on single use plastic bags before other countries
  • First country in the world to declare a climate emergency
29
Q

Government of Wales Act

A
  • 2006
  • Separated the executive form the legislature
  • established a referendum on giving Wales more devolved powers which was won by the vote Yes team.
  • Led to Wales having the power to enact primary legislation on all areas devolved to it (such as health and education)
30
Q

Wales Act (2014)

A

Devolved more powers to the Welsh government:
- Control of some taxes (Stamp duty, land tax and landfill tax)
- Symbolized its growing significance by changing the name form the Welsh Assembly government to the Welsh Government

31
Q

Wales Act (2017)

A

Devolved further powers to the Welsh government:
- varying income tax by up to 10p on the pound
- Primary legislation powers on areas such as transport, election arrangements and energy
- Stated that the Welsh government is a permanent feature of the UK and cannot be overturned by an Act of Parliament but instead only by a positive referendum result in Wales.

32
Q

Good Friday Agreement

A
  • 1998
  • A power sharing agreement giving representation to both the unionists and republicans.
  • Strongly endorsed by the people in both the Republic of Ireland and NI in two separate referendums
33
Q

Areas devolved to NI

A
  • education
  • Agriculture
  • Transport
  • Health
  • Environment
  • Policing
34
Q

legislation passed in Stormont

A
  • Human Trafficking Act (2015) aims to stop trafficking into NI and provide support for victims.
  • Addressing bullying in schools Act (2016) gives a clear definition of bullying and requires schools to have a policy in place to stop it.
35
Q

Examples of devolution being a bumpy process in NI

A
  • 2002 - 2007 the assembly was suspended because of conflict between the unionists and republicans.
  • 2007 - A surprise agreement between Sinn Fein and the DUP meant Stormont re-opened with martin McGuiness as deputy PM to DUP leader and PM Ian Paisley (they became known as the chuckle bothers as they were very close despite years of violent debate).
  • Since Sinn Fein won the 2022 election, there has been direct rule from Westminster until recently as no power sharing deal could be reached.
36
Q

Proposed reforms to the Constitution

A
  • English devolution
  • HOL abolition
  • Electoral reform
  • Codification and entrenched HRA

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