Comp 2: Constitution Flashcards

1
Q

Magna Carta Act

A
  • 1215
  • limits monarchs power
  • King couldn’t raise taxes so increases rights of the people
  • committees to scrutinise the monarchs actions extending parliaments power
  • no one deprived or liberty or property without due process of law
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2
Q

Bill of rights

A
  • 1689
  • freedom of speech in parliament
  • limit monarchs power
  • establish parliamentary sovereignty declaration of rights signed
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3
Q

Act of settlement

A
  • 1701
  • parl had power to chose monarch
  • monarch can’t take country to was without parl concent
  • privy council - monarch discussing with MPs
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4
Q

Act of union

A
  • 1707
  • Scottish parl united with wales and England creating UK
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5
Q

Parliament act

A
  • 1911
  • power of HOL challenged
  • power increased in HOC over HOL
  • lords can only delay bill for 5 years
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6
Q

Parliament act x2

A
  • 1949
  • HOL only delay bill for 1 year
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7
Q

European communities act

A
  • 1972
  • European economic communities laws become British laws and took priority over statue law
  • parliament no longer highest authority in Britain
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8
Q

EU withdrawal act

A
  • 2018
  • repeals ECA 1972
  • eu law wont apply in uk
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9
Q

EU withdrawal act x2

A
  • 2020
  • post Brexit trade deal established December 2020
  • uk no longer part of single market or subject to eu laws
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10
Q

Statute law

A

Made by parl and is most important source of constitution
- Scotland act 1998
- HRA 1998
- parliament act 1911- removing lords right to veto

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11
Q

Common law

A

Created by judicial rulings
- R v R 1991 - established principle that husbands could be guilty of raping his wife. Until this case there was no legal safeguard against rape in marriage.

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12
Q

Conventions

A
  • tradition/expectations
  • Salisbury convention - HOL can’t oppose legislation if it is in the winning parties manifesto
  • Sewell convention
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13
Q

Authoritative works

A
  • texts of profound political significance contributing to the constitution
  • Walter Bagehot explained relationship between monarchy, legislature, and executive making work core in constitutional text
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14
Q

Treaties

A

Written agreement between political entities.
- parliaments acceptance of Treaty of Accession to the European Economics Community 1972. Uk constitution changed since adoption of legislation that was enacted elsewhere.
- BUT… EU withdrawal act 2020 showed how Parliament has right to make but also repeal treaties.

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15
Q

Blair priorities

A
  • decentralisation
  • democratisation
  • transparency
  • rights protection
  • 179 majority
  • ## weak Tory opp -
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16
Q

Blairs reform included…

A
  • devolution
  • HOL
  • HRA
  • electoral reform
  • judiciary
  • freedom of information act
  • hoc
17
Q

HOL reform

A
  • removal of hereditary peers - 777 down to 92
  • HOL Act 1999
18
Q

Judicial reform

A
  • lord chancellor can’t have authority over HOL and no longer head of court system
  • no more senior judges in HOL and supreme court court
19
Q

Hoc reform

A
  • backbenchers ans select committees salaries increased
  • elected by MPs
20
Q

Electoral reform

A
  • Scottish parl and Welsh assembly = AMS
  • NI = STV
  • LND assembly = SV
21
Q

HRA reform

A
  • created incorporating ECHR within it
  • provided citizens to take issues to British courts
  • 2004 Naomi Campbell involving article 8 of HRA - right to private life - breached after press coverage of her in rehab clinic and declared illegal.
22
Q

Coalition aims

A
  • electoral reform = av referendum - lost, and 42% turnout
  • FTPA 2011 = (repealed in 2022) 2/3 MPs vote to call election
  • Wholly elected HOL
  • recall of MPs act 2015 - provided accountability
  • ## hoc reform - chairs to scrutinise govt
23
Q

Devolution referendums

A

Scottish devolution referendum 1997 - 74% yes = 60% turnout

Good Friday agreement 1998 - 71% yes = 81% turnout

Welsh devolution referendum - 50.3% yes = 50% turnout

24
Q

Devolution policy examples

A

Legal abortion act
- 1967 in England and Scotland and wales
- 2020 in NI

Free school milk
- 5 and under in England
- 7 and under wales

Per capita funding under Barnet formula
- England = £8816
- Scot = £10,536
- wales = £9996
- NI = £10,983

Assisted dying considered in Scotland 2024
- could create asymmetry with the uk and go against

Smacking kids
- illegal in Scotland and wales but doctors say it should be in England and wales too

25
Q

Metro mayors

A
26
Q

Sewel convention

A
  • 1998
  • ## Westminster can’t legislate on areas of devolved power without devolved assembly permission
27
Q

West Lothian question

A
  • raised in 1977
  • EVEL passed hoc on 2015