Consitution and Devo Flashcards
constitution definition
establishes rules and principles that govern an organisation
Magna carter
1215 trial by jury , no one above law, protection from illegal imprisonment
Bill of rights
1689, Act of parliament sets out basic civil rights. Limits monarchs power, free speech, free elections
Act of settlement
1701, settle the succession to the english. Catholics or married to catholics could not inherit the throne.
Parliament acts
1911 Limited leg blocking powers to 2 years. Life of parliament from 7 to 5.
1949 delay up to 1 year and established sov of commons
EC Act
1972 act of parliament bringing Uk into EU
Eu withdrawal act
repealed ECA 2018 started process trigged by article 50 to leave EU
Defying conventions
Johnson unlawfully proroguing parl to prevent discussion of brexit deal
Convention on military action
must ask parl for permission- cameron air strikes on libya parl said no
Salisbury convention
Lords can not obstruct bills from governing parties manifesto
When has sailsbury contention shown to be weak
2010 libD uni fees, in time of coalition it can be disregarded as the election didn’t produce clear mandates
Examples of Royal prerogative
Royal assent , power to dissolve parliament, power of patronage
Sewel convention
ensures that areas of devolved policy are not interfered with by westminster
When has the Sewel Convention been used
Gov used S.35 to block scottish gender Rec bil 2023. Scot parl objectified as westminster did not make any objections throughout the 9 month passage in holyrood
English Consitution
Bagehot
Principle of parliamentary sovereignty
Dicey
Treaties on the law privileges and proceedings and usage of parl
May
When has the authoritative work by May been used
Bercow during Brexit proceedings
Constitution should be codified because
there is a non obvious legal status of referendums due to parl sov
Examples new laws made quick due to the uncodified nature of the constitution
Secondary leg- ability to change Minimum wage
RVR marital rape - common law
2011 NI ASSM primary powers
2014 WALES powers of tax
uncodified nature allows judiciary to strike down
Acts under judicial review
Snp tries to do what from supreme court
Again 2nd INDYREF 2022
examples of asymmetry in devolved regions
Scotland has devo max while NI only has administrative powers
examples of asymmetry in england and scotland
England has 10 mayors + london assembly + PPCS compared scotland devo max and tax varying poets
How much of scotland voted remain
62%
examples of devolution making problems
Neverendums for brexit in scotland
and indy ref in scotland with SNP
as well as GRB 2023 being struck down
How have devolution ensured unity
Good friday agreement for NI
and Devo max in scotland
Differences in covid policy
Wales allowed 50 people to meet and scotland was the only nation to implement circuit breakers and was the first to lockdown
Sewel convention has allowed
more entrenchment for devolved bodies, 2016 scotland act and 2017 wales act made them permanent bodies in constitution so a referendum is needed to remove them
Public order act 2023
restricts right to protest
Police crime and sentencing act
Increase use of stop and search
what % of a constituency needs to sign for a by election
10%
BackBench Business committee
gives mps a voice and lets opposition debate serious issues free from gov control
BbBc have debated on what important issues
Brexit , how covid impacted BAME communities, improving cancer care
BbBc effect
Resulted in gov releasing secret papers and led to an inquest into hillsbrough
Liaison committee
ensures Pm answers for their actions subjecting them to strict scrutiny. twice a year. choose specific topics
Increase of Liaison com attention
since Johnson and there was increase scrutiny
Chair of Liaison com
Jenkin chosen by Johnson PM but praised for neutrality
BbBc rarely lead to action
Trump granted visa despite petition against him 1.6 mil
Not all Military action has consulted parl - may 2018 syria
Lords include party donors who
could be biased
PMQs negative
sparsely attended, Rishi 19% missed july 2023
Demands for indep
SNP going to supreme court + SNP leadership debates when Indy is main topic
and brexit 57% said would vote
remain if there was 2nd referendum
Tensions and inequality’s through devolved policy
Deposit Scheme Reform 2023
IMA 2020 regulations can only be enforced on scottish producers but still allows sale of other drinks. Uk ministers were willing to grant partial exemption excluding glass bottles, but defeats the point. Scot 1st minister called an “act of sabotage”
Scotland Act 2009
Allowed control of waste management and climate change
EVEL
left with WLQ but still unsolved and unfair to devolved regions
Metro mayors impact 2025 Khan
Against 3rd runway at heathrow
due to the noise and air pollution for local residents and is pleading to challenge govs proposals - advocates for constituency’s