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Politics paper 2 > Constitution > Flashcards

Constitution Flashcards

1
Q

What was the result of the 2004 referendum on proposals for regional assemblies?

Where did it take place?

A
  • 78% ‘No’ vote
  • Occurred in the North-East
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2
Q

How did the Coalition attempt to create forms of devolution?

What did George Osbourne hope these councils would create in the North?

A
  • Forming of ‘city regions’ with directly elected ‘metro mayors’ at the head.
  • ‘northern powerhouse’, hope was to drive regional growth through improved transport links and investment in science and innovation.
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3
Q

Where are there Metro Mayors?

A
  • Cambridgeshire and Peterborough
  • Greater Manchester
  • Liverpool
  • Sheffield
  • West Midlands
  • Tess Valley
  • west of England
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4
Q

What led to more powers being devolved to Scotland in 2014?

What were the main policy area interests

A

-The Scottish Independence referendum, followed by the establishment of the Smith Commission, led to further powers being devolved.

-Main area relates to taxation and welfare, new powers included control over air passenger duty, licensing of onshore oil and gas.
Also some welfare benefits.

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5
Q

What is an example that devolved assemblies have increasing power?

A
  • Following Scotland Act 2016, Scotland now had control over taxation.
  • This meant that the Scottish parliament now represented 36% of devolved spending, compared with 10% when the parliament was established.
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6
Q

What are some key distinctions of Scottish policy from that of England?

A
  • No tuition fees
  • Free nursing care for the elderly
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7
Q

What are two arguments against further constitutional reform?

A
  • Current settlement protects the rights of citizens and recognises desire for autonomy in the component parts of the UK.
  • Lack of clear argument on form changes would take.
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8
Q

What are the arguments for more reform?

A
  • Current settlement is incomplete and illogical- eg unelected second chamber and voting system that imperfectly reflects preference of the electorate.
  • Federal solution could remove the anomalies created by the current ‘asymmetric’ devolution arrangements.
  • Citizens need greater clarity on nature of their rights.
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9
Q

Give an example of policy divergence in Scotland not being effective.

A

-There was change to tuition fees in Scotland, however this failed to address the poor/rich divide.

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10
Q

How has Scotland addressed local issues?

A

-Brought in minimum pricing of alcohol to 50p per unit. An extra £173m to tackle alcoholism and drug addiction in Scotland which is a key issue in the region.

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11
Q

How has devolution to Northern Ireland been effective?

How has it not been effective?

A

-The Good Friday Agreement 1998 brought a power-sharing government which looked to keep peace in the region following ‘The Troubles’.
Successful as it created a power-sharing government between Unionists and Nationalists.

-Power-sharing nature of the parliament can be questioned when it fell through in 2022 elections where Sinn Fein gained 27 seats compared to the DUP’s 25 seats. The DUP did not accept the government and as a result the government fell through. Showed devolution as ineffective as policy making was unable to go ahead- unrepresentative of the people.

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12
Q

What did the Scotland Act (2016) develop?

A

The right to set a rate of Scottish income tax higher or lower than the rest of the UK.

-Also gave Scotland 50% of the VAT revenue raised in Scotland (allowing them to control about £15 billion)

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13
Q

Arguments for and against England devolution.

A
  • It would complete Devolution and resolve the English Question/ It would create an extra layer of government and create tensions between the UK government and an English Parliament.
  • -It would create a more coherent system of devolution establishing a more ‘Federal Parliament’ with responsibility for UK wide issues*/Would not not create a coherent and equitable system as England is much bigger than other devolved areas.
  • It would give political and institutional expression to English identity and interests/ Limited support for an English parliament.
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14
Q

What was the result of the 2014 Scottish Independence referendum?

What was the turnout?

A
  • 55% no vote.
  • Turnout was 84%.
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15
Q

What was the result of the 2014 North East devolution referendum?

What was the turnout?

A
  • 77.9%
  • 48% turnout
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16
Q

What is the Barnett Formula and how does it disadvantage English citizens?

A
  • The Barnett Formula is the Formula used to appoint funding tho the devolved regions of the UK.
  • Under this Formula English citizens get the least funding per head despite making up a majority of the population.
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17
Q

Where there is devolution in England is it distributed fairly?

A

-Introduction of Metro Mayors across England has somewhat devolved significant powers to England. The London Mayor has control over policy such as housing, waste management, the environment and production of the London Plan as well as transport.

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18
Q

Examples of mayoral policy divergence.

A
  • Congestion Charge in London 2003 and ULEZ
  • Andy Burnham has own transport budget and £300m housing investment grant.
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19
Q

Devolved body divergence, prescription charges.

A

-England has prescription charges where other devolved bodies do no.t

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20
Q

Policy Laboratory in Scotland.

A

-Scotland’s Smoking, Health and Social Care Act 2005 influenced Westminster’s Health Act 2006- Banned smoking in public places.

21
Q

Lord Falconer quote on an English parliament.

A

an English parliament would ‘dwarf all other institutions’

22
Q

example of West Lothian question

A

Blair needed 67 Scottish and Welsh MPs to push through decisions to introduce foundation trusts in English NHS because of rebellion in 2003.

23
Q

Result of 2022 Bristol mayoral referendum.

What was the turnout?

A
  • 59% wanted to scrap mayor
  • Turnout was 29%
24
Q

What are the different levels of funding when it comes to Barnett Formula?

A

Northern Ireland- £11,590

Scotland-£11,247

Wales-£10,656

England-£9296

25
Q

What is a limitation of the HRA to do with the role of the judiciary?

A

HRA 1998 and constitutional reform act 2005 have allowed judges to issue a declaration of incompatibility - do not actively have any powers of enforcement nor can the declaration of incompatibility force government to change their actions

26
Q

What is a limitation of the UK Constitution to do with the role of the judiciary?

A
  • Judiciary do not have ability to strike down laws inconsistent with the constitution, doe to unentrenched nature.
  • The HRA 1998 and Constitutional reform act 2005 allow judges to issue a declaration of incompatibility, but lack ability to strike down laws, role of protecting HR and acting as check on parliament is therefore reduced.
27
Q

What is an example of the untrenched nature of the UK constitution not protecting rights?

A

-Passage of the ‘Prevention of Terrorism Act 2005’, allows the Home Secretary to impose control orders on suspected terrorists without trial- argued by Pressure Groups such as Liberty that this amounted to indefinite house arrest.

28
Q

Does the judiciary undermine or protect parliamentary sovereignty?

A

-It does not undermine parliamentary sovereignty.

29
Q

What did the HRA act 1999 do?

A
  • It enshrined the ECHR into UK law.
  • It emboldened judiciary ability to protect rights like right to privacy, family life and a fair trial.
30
Q

What did the constitution reform act 2005 establish?

What was the significance of this?

A
  • Established the Supreme Court.
  • This was significant as prior to its passing the highest court of appeal was the House of Lords.
  • The separation of powers upheld the sovereignty of both the judiciary and the legislature.
31
Q

How can it be argued that declarations of incompatibility are effective?

A
  • Example with the Belmarsh Prison Ruling whereby the Government were forced to release prisoners without trial.
  • The government are likely to listen to DOI as they wish to preserve the UK’s image of a country that upholds human rights and is a rights based culture.
  • As parliament is the body that makes this decision, it can be argued that parliamentary sovereignty has not eroded away.
32
Q

How is it argued that the House of Lords could be reformed to provide better democratic legitimacy?

A

-Reforms to make the HOL elected, previous reforms have been unable to provide this.

33
Q

How is the Lords limited in its scrutiny of the House of Commons?

How could moves to an elected chamber provide legitimacy?

A
  • The HOL is unelected and as a result its legitimacy of accountability is questioned.
  • Moves to an elected chamber would provide confidence to fully scrutinise the government and proposed legislation.

-

34
Q

What is an example of the Lords not having the confidence to fully scrutinise legislation?

A

-The Lords backed down from their demands of a sunset clause on the 2005 prevention of terrorism act.

35
Q

If the Lords do not defer to the commons, what can government do to push through legislation?

-Example?

A
  • The government can use the Parliamentary act to force a bill through.
  • Blair used this act to force through the banning of hunting with dogs with the Hunting Act 2004.
36
Q

What did the House of Lords Act 1999 do?

A

-Reduced the number of hereditary peers from over 1000 to under 700.

37
Q

What is membership of the HOLs now based on?

A

-Based on merit and expertise in a certain profession. e.g. Lord Sugar.

38
Q

What is the ratio of defeats for the commons vs the Lords under Blair?

A
  • Defeated only 7 times in commons
  • Defeated 400 times in the Lords
39
Q

What percent of Scotland voted to stay in the EU?

A

-60%

40
Q

What was the Parliament Act?

A
  • Affirmed Lords could not delay money bills
  • Non-money bills in 1949 a 1 year delay power was introduced
41
Q

What is an example of a convention? (created following the Iraq War)

A

-That except in an emergency, the government will not order military action without prior parliamentary approval.

42
Q

What did Lord Falconer say on an English Parliament?

A

-would ‘dwarf all other institutions’

43
Q

What percent of people strongly supported an English Parliament?

According to which survey provider.

A

-34%

44
Q

What was the turnout for the 2021 Senedd election?

For Stormont (2022)

General election

A

Synedd- 46.6%

Stormont- 63.6%

General Election-67%

45
Q

How was the fixed term parliament act circumvented in 2017?

A

-The conservative creation (under both May and Johnson) for the creation of the Early PArliamentary Election Act 2019 (EPGEA)

46
Q

What was the success rate for judicial reviews?

Who found this information?

A
  • 26% success rate 2012-2019
  • Found by New Law Journal
47
Q

What are some examples of weaknesses when it comes to the House of Lords Appointment Commission.

A
  • For example Peter Cruddas, mass donor to the Tories e.g. £500,000 to the party after becoming a peer, overruled recommendations of the HOLAC.
  • Appointments are open to nepotism, e.g. Jo Johnson.
  • 2006 Cash-For-Honours scandal. 4 mass donors of the Labour Party (equalling £5m prior to nomination) were nominated for life peerage.
48
Q

What is the composition of the Lords Appointments?

(hint working class vs political work)

A
  • 1% represent manual labour industries
  • 34% previously worked in politics
49
Q

What is an example of rights effectively being protected under the HRA?

(hint very cheap shop)

A
  • Geology graduate challenged governments ‘back to work scheme’ after learning right to be free from compulsory labour.
  • A move to a British Bill of rights would be inaccessible and legalistic.

Politics paper 2 (5 decks)

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