UK Constitution including devolution Flashcards
1
Q
Define 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
2
Q
What name is given to law that comes from rulings by judges, in the absence of clear and relevant statutes?
A
Common law
3
Q
Define devolution.
A
The dispersal of power, but not sovereignty, within a political system
4
Q
True or false: A codified constitution is not written down.
A
False: It is not contained in a single written document
5
Q
What is a convention?
A
A tradition not contained in law but which is influential in the operation of a political system
6
Q
An unentrenched constitution is one without what?
A
A special procedure for amendment
7
Q
Parliamentary sovereignty is the principle that parliament can do what to any law?
A
Make, amend or unmake it
8
Q
What phrase means that according to parliamentary sovereignty, future parliaments can reverse decisions by earlier ones?
A
Parliaments cannot bind their successors (or be bound by their predecessors)
9
Q
What is the opposite of a unitary political system?
A
Federal
10
Q
What name is given to the principle that all people and bodies, including government, must follow the law and can be held to account if they do not?
A
The rule of law
11
Q
Define a treaty.
A
A formal agreement between countries, usually requiring ratification by their respective parliaments
12
Q
What name is given to a significant guide written by an expert on how a political system is run, whch is not legally-binding?
A
Authoritative work
13
Q
How is a flexible constitution changed?
A
Vote in parliament
14
Q
What is the main advantage of a rigid constitution?
A
Changes cannot take place without due consideration and debate
15
Q
A constitution establishes the BLANK and BLANK that govern an organisation.
A
rules and principles
16
Q
Where is statute law laid out?
A
In an Act of Parliament
17
Q
Common law can be used to decide future cases because it sets a legal BLANK
A
Precedent
18
Q
What name is given to an unwritten constitutional rule that has usually developed over a long period of time?
A
Constitutional convention
19
Q
Usually known by the name of the original author, what is the name of the authoritative work sometimes called the “Bible of parliamentary procedure”?
A
Erskine May (Parliamentary Practice)
20
Q
What name is given to powers traditionally exercised by monarchs but now often passed to the executive?
A
Royal prerogative
21
Q
Arguably the best example of the royal prerogative in action is the (theoretical) power of the prime minister to do what without consulting parliament?
A
Declare war
22
Q
Although constitutional reform has separated the judiciary, which is there still a fusion of powers between the exectutive and the legislature in the UK?
A
The executive is drawn from the legislature (ministers are appointed the membership of the House of Commons and the House of Lords)
23
Q
Does devolution mean the UK constitutional is now unitary or federal?
A
Unitary - the UK parliament retains legislative supremacy
24
Q
Although in theory the UK constiution is flexible, what might the government do before proceeding with a major constitutional change?
A
Hold a referendum
25
Which 13th century document that limited the royal preorgative was designed to help make peace between King John and rebel barons?
Magna Carta
26
Which document, written in 1689 and insprining a better-known later US version sets out basic civil rights?
Bill of Rights
27
The 1701 Act of Settlement decided definitively which issue of royal succession that had been a source of major upheaval over the previous 150+ years?
The (then English/Irish) throne could only pass to a protestant heir
28
The 1911 Parliament Act removed the power of the House of Lords to do what indefinitely?
Block/veto legislation
29
Since the 1949 Parliament Act, for how long can the House of Lords delay legislation that has passed through the House of Commons?
One year
30
The European Communities Act of 1972 established what about European law relative to UK law?
European law was supreme
31
Give an example of statute law passed since 1997 with constitutional significance.
e.g. Scotland Act (1998), Human Rights Act (1998), House of Lords Act (1999), Constitutional Reform Act (2005), European Union Withdrawal Act (2018)
32
Why is statute law the most significant source of the UK constitution?
Because of parliamentary sovereignty - statute takes precedence
33
Why is common law important to the UK constitution?
Allows the constitution to be updated where societal attitudes change or parliament has not legislated
34
Give one piece of evidence that the uncodified nature of the UK constitution allows it to be flexible.
The EU Withdrawal Act was passed in 2018 by simple parliamentary majority
35
The Parliament Acts meant that in 2004, the democratically-elected government were able to ban what, despite opposition from the House of Lords?
(Fox) hunting (with dogs) in the 2004 Hunting Act
36
What is the Salisbury Convention?
The House of Lords will not oppose the second or third readings of bills promised in an elected government's election manifesto
37
What was the main way that the Scotland Act of 2016 devolved power to Scotland?
It gave the Scottish government the power to vary tax (e.g. income tax)
38
Shown in the Brexit process, what is the main criticism of unetrenched, flexible constitutions?
It is unclear or causes confusion
39
An example of the centralisation of power in the UK constitution was in 2023, when the Westminster government used the Scotland Act to prevent what Scottish legislation?
Gender Recognition Bill
40
How does the UK constitution enable the government to be stronger and more effective?
FPTP elections usually return governments with parliamentary majorities, meaning that they can pass legislation and statute law is sovereign
41
The ability of the UK's flexible constitution to evolve without major constituional overhauls has enabled better protection of BLANK , for example when the BLANK codified the BLANK into the constitution.
rights, Human Rights Act, ECHR
42
The organic and evolutionary nature of the UK constitution means rights may not be well protected because future governments are able to do what?
Amend or repeal the legislation through a simple parliamentary majority
43
What happened in the 2010 case HM Treasury v Ahmed?
Suspected terrorists had their assets frozen and the Supreme Court ruled that the Human Rights Act had been breached
44
What evidence is there from Tony Blair's first two governments (1997-2005) of an elective dictatorship in the UK?
Due to the size of Labour's Commons majority, the government did not lose a single division
45
How did the Covid-19 pandemic show evidence of an elective dictatorship?
The executive was able to use emergency powers granted through delegated legislation, without parliamentary scrutiny
46
What does the UK constitution allow for in terms of power, which may be more difficult in a codified constitution?
Peaceful transitions of power
47
UCL's Constitution Unit found that 77% of people felt they have too little influence over how the UK is governed in 2022, what is it about recent transitions of executive power that may have contributed to this?
Recent prime ministers e.g. May, Truss, Sunak only had a mandate from the Conservative Party, not the electorate
48
Other than the House of Lords Act, the Human Rights Act and the creation of devolved governments in Scotland and Wales, identify three other constitutional reforms enacted by Labour governments between 1997 and 2010.
The Freedom of Information Act (2000, enacted in 2005), the creation of an elected London mayor and the Greater London Assembly and directly-elected mayors in some towns and cities, the use of PR some elections (e.g. European) and the Constitutional Reform Act of 2005 (creating the Supreme Court)
49
What is the Recall of MPs Act of 2015?
It enables constituents to force a by-election if 10% of eligible voters sign a petition when the sitting MP is sentenced to prison, is convicted of submitting false or misleading expenses or faces a suspension from the house for a breach of parliamentary standards
50
Which constitutional reform of the 2010-15 coalition government removed the power to call a general election from the prime minister?
Fixed Term Parliaments Act (2011)
51
The wright Reforms implemented by the Conservative/Liberal Democrat coalition made what reforms to parliamentary select committees?
Chair(-persons) are elected directly by the House and while members are nominated by the whips, they are chosen by the House
52
What is the BbBC established by the Wright reforms?
Backbench Business Committee
53
Arguably the best-known of the Wright reforms, the BbBC will consider a motion when triggered by what?
An e-petition with 100,000+ signatures
54
What evidence is there that the creation of Police and Crime Commissioners has not significantly strengthened democracy?
Turnout is very low in these elections, typically c. 15%
55
Between 2015 and 2021 'EVEL' was in place in the House of Commons, what did that mean?
English votes for English laws (MPs for English constituencies were able to veto laws applying to England only)
56
Why was EVEL abolished in 2021?
Its application was too complicated
57
What is the West Lothian question?
The issue of MPs from Northern Ireland, Scotland and Wales being able to vote on motions that only affect England, while English MPs cannot affect the decisions of devolved assemblies/parliaments
58
Apart from changes in London, what is the most significant current feature of English devolution, starting in 2017?
The creation of metro mayors across metropolitan regions such as Greater Manchester, the West Midlands and West Yorkshire
59
How many regions outside of London have metro mayors?
7
60
What additional power was granted to the metro mayors for Greater Manchester and the West Midlands in the Spring Budget 2023?
Greater control over spending as part of the 'levelling-up agenda'
61
In what ways are the current Supreme Court justices of the UK unrepresentative of the UK population?
The average is in the mid-60s, there is only one female, none are from ethnic minorities and 10 of them attended Oxford or Cambridge University
62
The original US Constitution, by enshrining life, liberty and poperty at the heart of the US political system shows what flaw in codified constitutions?
They reflect the specific political bias of those who write them
63
By what margin did the Scottish electorate reject independence in IndyRef 2014?
55%-45%
64
Now under so-called 'devomax', Holyrood has what three types of power?
Administrative, legislative and financial
65
What percentage of people in Scotland voted to remain with the European Union in the 2016 EU referendum?
63%
66
With which party did the SNP join in a coalition at Holyrood in 2022, showing that proprtional representation can benefit minor parties?
Green Party
67
Which event of 2023 best demonstrates the authority of Westminster over Holyrood?
The UK government striking down the SNP's Gender Recognition Bill
68
Which electoral system is used in elections to the Scottish parliament?
Additional Member System
69
What other name is given to the Belfast Agreement of 1998 that created the present system of devolved government?
Good Friday Agreement
70
How did the majority of people in Northern Ireland vote in the 2016 EU membership referendum?
Remain' (55.8%, compared with 44.2% 'leave')
71
What name was given to the changes to the Northern Ireland Protocol enacted in 2023 that the DUP refused to support?
Windsor Framework
72
How did the result of the 2022 Northern Irish Assembly election threaten unity (perhaps ironically)?
Sinn Fein has been the largest party and other parties refuse to enter government with them (and Sinn Fein support a united Ireland)
73
What evidence is there that devolution has failed to empower the people of Northern Ireland?
Repeated suspension of power-sharing and rule from Westminster in the absence of a Northern Irish government
74
In what three periods was control diverted back from Stormont to Westminster?
2002-07, 2017-20 and 2022-present
75
What electoral system is used in Welsh Assembly elections?
Additional Member System
76
By what margin did the people of Wales vote in favour of devolution in 1997?
50.3% to 49.7% (a difference of 6,721 votes out of 1.1m)
77
In what two ways have Senedd elections shown better representation of Wales than Westminster elections have of the UK?
More representation of minor parties (due to use of AMS) and greater proportion of women elected (43% vs 23%)
78
How has Welsh devolution shown that regional government promote the unity of the UK?
Demands for independence have arguably lessened since greater powers were granted when they were wanted (after the 2011 referendum)
79
Geographically, what do countries with a federal system of government tend to have in common in comparison with ones with unitary systems?
They tend to be bigger countries
80
Which feature of the royal prerogative that has passed to the prime minister includes the power to appoint government ministers?
Patronage
81
How did Boris Johnson abuse constitutional convention in 2019?
Unlawfully prorogued parliament (asked the Queen to end the parliamentary session early) to prevent parliamentary scrutiny of his Brexit deal
82
How did the then Speaker of the House of Commons John Bercow use Erskine May in 2019?
He ruled that the government could not put Theresa May's Brexit deal to a third vote, citing Erskine May as an authority on motions that motions that are essentially the same should not be brought back in the same parliamentary session
83
What is Royal Assent?
The final stage where a bill becomes statute law on the approval of the monarch
84
How did A.V. Dicey describe parliamentary sovereignty and the rule of law?
The "twin pillars" of the British constiution
85
Who wrote the authoritative work The English Constitution?
Walter Bagehot
86
Which act of parliament gives citizens the 'right to know' information held by public authorities?
Freedom of Information Act (2000)
87
In a major SCOTUK ruling of 2019, how did the judiciary show their independence by finding against the government on a constitutional matter?
By ruling in R (miller) v The Prime Minister that the prorogation of parliament had been unlawful and overturning the order
88
How would devolution between regions in the UK be described and what does this term mean?
Asymmetric - devolution is not equal across the regions. For example, Scottish parliament has tax varying powers, metro mayors have no powers over tax.
89
How many metro mayors are there in England?
Ten
90
What areas do mayors have power over?
Transport, skills, economic development, Greater Manchester, London and West Yorkshire have also taken over the role of Police Crime Commissioner
91
Why could devolution in England be argued to be less legitimate?
Turnout is often lower than general elections, Greater Manchester mayoral election 2021 had 35% turnout
92
What powers can metro mayors use that may make them more powerful?
Soft Power - Andy Burnham used his high profile and personal mandate (he won every Manchester region in most recent election) to prioritise homlessness in the city
93
What electoral system is used ot elect metro mayors?
FPTP - changed by the 2022 Elections Act form Supplementary Vote.
94
What was agreed as part of the trailblazer 2023 devolution deals?
Manchester and West Midlands metro mayors take on more powers over transportl, skills, housing, education programmes for post-19, larger role in achieving net zero
95
Why do the trailblazer deals show metro mayors enhance parliamentary sovereignty despite more powers being devolved?
New committees are being set up in Parliament to scrutinise their work
96
How could you argue that further English devolution is not legitimate?
2004 North East referendum produced resounding no to a NE Assembly
97
What arguments support that devolution threatens the union?
High support for independence in Scotland, exacerbated by their62% remain vote in Brexit and 2022 SC decision that parliament must offer a second referendum, not Holyrood, SNP argue it is not 'partnership of equals'
98
Why might devolution maintain the union?
Allows for tailored policy in local areas (Bus scheme in Manchester to tackle cost of living and improve transport), improves representation of minor parties focussed on regions
99
Give an example of how devolution has shown to potentially damage democracy
2020 GM Mayor Burnham campaigned against Tier 4 for Manchester yet found out Manc was placed in the highest restriction tier without additional support for businesses whilst doing a live interview.
100
What % of England now have a metro mayor?
41%
