Constitution Flashcards
What are the elements of a constitution?
A: assets rights of citizens
P: political process
L: limits
A: amendments
N: nationality rules
D: distrubutes political power
What are the features of the UK Constitutions
P: parliamentary sovereignty
U: uncodified
U: unitary
F: fusion of power
F: flexible
Give two arguments in favour of a codified constitution, and two arguments against
IN FAVOUR:
1. It would provide great clarity by setting out the rules + limit the power of the executive
2. It would protect the rights of citizens+ it would educate the public
AGANIST:
1. It would remove the flexibility and adaptability that is the constitution’s strength / It would put too much power in the hands of judges / It would undermine parliamentary sovereignty
2. Values change and a codified constitution would only reflect the mood of the time
Explain five strengths and five weaknesses of the UK constitution, not including arguments about codification as these have already been done
STRENGTHS:
1. Has evolved gradually over time / Adaptable /More referendums recently brings legitimacy
2. Lords has an important advisory voices/Devolution has improved representation
3 Independent & neutral Supreme Court created
5. Parliamentary sovereignty places power in hands of elected representatives/Gov accountable to Parliament who can remove
WEAKNESSES:
1. Devolution has destabilised the Union & unfair to England / Electoral system unfair
2. Rights and rule of law not protected / Changes can be undone by any future Parliament
3. Lords are unelected
4. Lower turnout / Parliament not representative
5. Power too concentrated so can be an elective dictatorship
Explain the Parliament Act (1911 + 1949)
- Abolished the power of the Lords to veto a bill which orginated in the Lords
- Lords could only ‘delay’ legislation for 2 years - changed to 1 in 1949
- ‘Money bills’ could only be delayed for one month
- Length of parliament was reduced from 7 years to 5 years
- Salisbury Convention: prevent the Lords from voting against an elected government’s legislation from its manifesto
- Led to the Supremacy of the Commons = more legitimacy
What are the advantages and disadvantages of a codified constitution?
Advantages:
* Higher status than all other law
* Clear laws which cannot be misinterpreted
* Courts can easily decide whether an act is or isn’t constitutional
Disadvantages:
* Very rigid + difficult to amend - generally requires a supermajority in excess of 50% in a referendum
* Becomes very important within the nations psyche e.g US
Explain the Great Reform Act of 1832 + 1867 Electoral Reform Act
- Extended the vote to the new middle classes + gave parliamentary representation to the new industrial workers (tenant farmers + property owners)
- Increased electorate to 65,000
- Limited the powers of the Commons more as the choice of the cabinet members was no longer there decision but that of the HOC
- 1867; Gave the vote to some ‘free’ male workers and began the process of creating a mass electorate
Explain the implications of an uncodified constitution in the UK
Strengths:
* Principles can be impacted by government interference and changed based on each party’s beliefs
* It’s flexible
* Allows for parliamentary sovereignty
Weaknesses:
* Citizens’ rights aren’t entrenched, so can be easily violated + removed
* Many features don’t make sense + require further modernisation
* Gives too much political power to judges who are unelected + unrepresentative - ‘tyranny of judiciary’
Explain the key principles of the Human Rights Act of 1998 + Parliamentary Sovereignty
- Incorported the rights in the European Convention on Human Rights into UK statue law
- New laws must be compatible with this or will be striken down by the courts until overturned or amended by parliament
What are the pros of the Westminster Model?
Pros:
- The constitution is uncodified + easily amendable
- Parliament can force the resignation of the government, if it’s not fulfilling its duties no-confidence votes + committes
- The independent and unelected judiciary upholds the rule of law but cannot overturn Parliaments laws leading to the ‘tyranny of judiciary’ where unelected judges have too much power
- Increased use of referendums since 1997 has added legitimacy to constitutional changes
- Constitution has been improved by the creation of an independant + neutral Supreme Court
- Devolution has improved political participation + more proportional electoral systems are used in the devolved bodies
What are the cons of the Westminster Model?
Cons
* Government can use legislation to restrict the rights of citizens, and the judiciary cannot prevent it; courts cannot protect rights aganist Acts of Parliament as Parliament has sovereignty, HRA, Equality Act etc
* Parliament is still unrepresentative of the population
* Devolution to has meant that England isn’t well represented
* UK electoral system is no longer fit for purpose now that there are more parties than just Conservative or Labour
- The existence of the HOL is undemocratic; it is unelected, includes 92 hereditary peers
- The executive dominates the legislature, a government with a majority can do anything they want - elective dictatorship
- Parliament is not an effective check on government because of the party whip system; means MPs aren’t effectively representing their constitutents
- Increased use of referendums has comprised parlaimentary sovereingty; people are voting on issues they don’t truly understand
Evaluate the changes New Labour made to rights in the constitution in protecting citizen’s rights
Rights = HRA brought ECHR into UK law + Freedom of Information Act
Sucesses:
* All new bills must be HRA-compliant
* HRA brought ECHR into UK law
* Ensured rights such as right to fair trial, freedom from slavery + respect for privacy
* Freedom of Information Act gave the public the right to request access to information held by public authorities - made the cover-up of DV allegations by police come to light
* In 2020, a series of FOIA requests revealed detailed spending data for the UK government’s response to the COVID-19 pandemic and disclosed how billions of pounds were allocated for various aspects of the pandemic response. It included specific figures and budgets which facilitated accountability and public scrutiny
Failure:
* If Parliament passes a law which isn’t HRA compliant - it cannot be overruled by judges
* Example, in 2005 government passed a law on limited freedom of movement for suspected terrorists even though it went against the ECHR
* Freedom of Information Act allows ministers to veto some applications, which has been done 5 times
What achievements did Labour achieve in reforming the consitution?
Rights:
* Human Rights Act 1998
* Freedom of Information Act 2000
Devolution:
* Scottish parliament created
* NI assembly created
* Welsh assembly created
* Electoral mayor of London + London Assembly
Electoral Reform:
* New electoral system in devolved assemblies as well as the EU + mayoral elections
Parliamentary Reform:
* House of Lords Act 1999
* Limited reforms to the HOC
Judiciary:
* Constituional Reform Act 2005
* UK Supreme Court opended in 2009
Evaluate the changes New Labour made to the consitution to allow for devolution
Devolution = transfering of certain executive + legislative powers from central government to subnational insitutions
Successes:
* Labour created devolved bodies for Scotland, Wales + Northen Ireland - to reduce support for the pro-independance SNP
* More powers given to these bodies - leads to increaed political participation
Failures:
* ‘West Lothian Question’
* The Barnett formula meant that Scotland, Wales + Northen Ireland all received more money to sepnd per person than England
* In Northen Ireland, the power-sharing governemnt has fallen apart
* Scottish independance wasn’t stopped by this devolution
Evaluate the changes New Labour made to the consitution to allow for more regional and local governments
Regional and Local Government = created metro mayors + a London Assembly
Successes:
* Mayor of London had gotten increased powers since the Act of Parliament 2007 + 2011
MoL has control over:
* housing
* waste management
* economic devlopment
* policing
* transport
* environment
Failure:
* In 2004, a referndum was held to test public opinion over elected regional assemblies - North East - 78% of voters chose ‘No’
* In 2010, when Labour left there were only 10 elected mayors, by the start of 2024 there were 25
* 3 areas have also voted to abolish the position of mayor
Evaluate the changes New Labour made to the consitution to allow for electoral reform
Electoral Reform = implented proportional electoral systems outside of Westminster as a trial for reforming first-past-the-post
Successes:
* AMS (additional member system) for the Scottish + Welsh assemblies
* More proportional STV in Northen Ireland to ensure balance between unionists + nationalists
Failures:
* Labour commissioned a report from the Jenkins Commission which suggested that the first-past-the-post system be changed to the Alternative Vote + system
* Labour didn’t act on the report, as they now knew they could win under FPTP and wouldn’t benefit from the reform
Evaluate the changes New Labour made to the consitution to allow for Lords reform
Lords Reform = HOL was dominated by hereditary peers, Labour wanted to reduce the no of hereditary peers + make it an elected chamber
Successes:
* House of Lords Act 1999 abolished all but 92 hereditary peers
* HOL would now appoint people based on merit so there would be a range of experts on different issues
Failures:
PM can make nominations to the Lords on the basis of party politics
* In 2006/7 the ‘cash for honours’ scandal became know where some men nominated for life peerages by Blair had loaned Labour large amounts of money
* David Cameron appointed more life peers per year than any PM ever - 243 in total
Evaluate the changes New Labour made to the consitution to allow for Commons Reform
Commons Reform = Reforms to be made were written in the Wright Committe but never happened
Successes:
* In 2009, Labour established theWright Committe to recommend how to improve the workings of the Commons
* Reported in 2009 but the recommendations weren’t acted upon until after the 2010 general election when Labour weren’t in power
Failures:
* Blair changed PMQ’s, instead of two 15-minute sessions per week it changed to one **30-minute session **- reduced the number of times he would be questioned
* Gordon Brown published a Green Paper called The Governance of Britain seting out his aims for constitutional change;
1. Would limit executive’s powers; make executive more accountable
2. Create British Bill of Rights
4. Lower voting age
5. Increase Parliament’s powers
* Brown was never able to implement his
Evaluate the changes New Labour made to the consitution to allow for judicary reform
Judicary Reform = head of the Law Lords - the highest court in the UK
Successes:
* Constitutional Reform Act 2005 - began to operate in 2009
* The Lord Chancellor was appointed by the PM + was head of the judicary, member of the executive + presided over the HOL
- CRA created selection committes to nominate judges to the Supreme Court, created role of Lord Speaker to presided over HOL + the Justice Secretary no longer has a leading role in all three branches of government
Failures:
* The Justice Secretary can still veto one name that the selection committe proposes to fill each Supreme Court vacancy - still gives the executive some power over who sits on the UK’s highest court
Name the constitutional reform enacted by the Conservatives since 2010 (including in Coalition), and give detail on what it did
2011 (Elections)
* Fixed-Term Parliaments Act; made it more difficult to call an early election. Parliaments to last 5 years
2012 (Rights)
* Protection of Freedoms Act; offered citizens protection from the state by regulating security and surveillance powers
2011 & 2017 (Devolution)
* Wales Acts; gave more powers to the Welsh Assembly (now Parliament), including taxation powers
2012 & 2016 (Devolution)
* Scotland Acts; gave taxation powers to the Scottish Parliament
2014 (Parliament)
* House of Lords Reform Act; gave peers the right to retire or resign. They can now be removed for non-attendance
2015 (MPs)
* Recall of MPs Act; voters can now recall their MP in cases of serious misconduct
2020 (Europe)
* European Union (Withdrawal) Act; pulled the UK out of the European Union
What did Nick Clegg’s House of Lords Reform Bill 2012 propose, and why did it fail?
- Clegg proposed a 300-member House of Lords, with elected members serving for 15 years
- It failed because 91 Conservative rebels sided with the opposition against the government
Explain how the reforms introduced by the 2010 Coalition goverenment changed the Commons?
- Chairs of select committees to be elected by secret ballot, not chosen by whips
- Establishment of a Backbench Business Committee
- Establishment of an effective e-petitions system
Explain English Votes for English Laws from 2015-2021
- Created a ‘grand committee’ stage for laws that only affected England or England + Wales- could be vetoed at this stage
- First used on a housing bill in Jan 2016
- Aimed to solve the ‘West-Lothian Question’
- EVEL can be seen as an attempt to undermine the arguments from the SNP for independance
Explain the Northern Ireland Protocal + the changes that have been made to it
- Created a new trade border between NI + GB - Johnson feared that this border will cut NI from the rest of the UK
- The Protocol was ruled legal by the Supreme Court (March 2022)
- Sunak replaced the ‘Windsor Framework’ which required fewer trade border trade checks
- Checks would be conducted in NI’s ports on certain goods coming from Great Britain
- Position of NI in the UK/Union is uncertain expecially since to Sein Fein’s victory in 2022
Why did devolution emerge in the 1997?
- The long period of a Conservative government there were increased demands for devolution In Scotland they voted for a Scottish parliament (74.3%) + for tax-varying powers (63.5%)
- In Wales 50.3% voted for a Welsh assembly
What powers do Scotland and Wales not have (reserved powers)?
Reserved Powers:
* UK constitution
* Defence + national security
* Foreign powers
* Policing + justice (Wales)
Explain three positive consequences and three negative consequences of devolution
POSITIVES:
1. More representation = more participation
2. Few major disputes with Westminster + peace has been maintained in Northern Ireland
3. Allows nations to trial policies for rest of UK + has been a success so more powers devolved - ban on plastic bags etc
NEGATIVES:
1. Piecemeal approach + not holding union together
2. West Lothian Question + Northern Ireland government unstable
3. Barnett formula - different funding per person for different nations/Policy divergence/Mixed record of devolved governments
Explain the Yes campaigns aims
- Scottish people were the best placed to make decisions which impact them
- Wanted Scotland to have a ‘personal union’ with the UK - retain queen as head of state + keep the pound BUT have their own codified constitution, full control over welfare, foreign + defence policies
Explain the Better Together campaigns aims
- Scotland benefited from being in the UK + independance will damage the Scottish economy
- They argued that Scotland wouldn’t neccesairly join the EU automatically + wouldn’t be allowed the pound
What were the results of the Scottish independance referendum?
- 55.3% voted no to Scotland being independant
- 84.5% turnout + 1.6 million voters said ‘yes’ - 44.7%
Explain the details of the Scotland Act 2012
Increase in further power following the Calman Commission such as:
* More tax powers
* More borrowing powers
* Regulation of air weapons
* Regulation of drink driving limits
Explain the details of the Scotland Act 2016
Scotland Act 2016:
* Scottish government can change the political structure if there’s a 2/3 majority
* Given powers over welfare, housing, disability + universal credit
* Income tax rates, allowances + air passanger duty
* Regulates telecommunications
* Granted control over half the total receipts from VAT raised in Scotland
How does the Welsh parliament work?
- 40 members are elected in single-member constituencies using FPTP
- 20 members are elected in five multi-member regions using the regional list sytem of proportional representation
- Elections were held every 4 years but were extended to 5 years (Wales Act 2014)
Explain the details of the Wales Act 2017
Wales Act 2017:
* Established the assembly as a permanent feature of the UK constitution
* 2/3 of the members of the assumbly voted to rename it the ‘Welsh Parliament’
What were the results of the Welsh devolution referendum?
- 2011 referendum - 64% ‘yes’ vote
- The support for independance is low at only 10%
Explain the details of the Wales Act 2017
- Featured the proposals made in a second Silk Report
- Welsh rate of income tax + remove the need for a referendum to change it
- Devolved fracking, elections, road speed limits, landfill tax
Why may support for Scottish independance increase in the future?
- Ipsos poll - (May 2023) - for independance 51% + aganist independance 45%
- Support may grow as among 16-24 year-olds 72% of them support it as opposed to over-65 group of which only 26% support it
How does the Northen Ireland Assembly work?
- 1998 Good Friday Agreement established a power-sharing devolution
- The NI Assembly consists of 90 members elected by STV
- Election were held every 5 years
- NI Assembly has primary legislative powers - doesn’t have any major tax-raising powers, except corporation tax (2015)
- The first minister + deputy first minister - first minster leads the largest party + deputy the second-largest party
- Ministeral posts are allocated on proportional bias according to party strength
Give a timeline of key details for Northen Ireland devolution
1998 - Northen Ireland Act which formally established the assembly
2002 - Suspensionfrom Oct 2002 to May 2007, when the unionist parties withdrew
2003 - Election but no government as it was postponed until 2006
2006 - St. Andrews agreement - member of NI assembly would also be part of the transitional assembly
2007 - End to the deadlock
2010 - More powers were devolved - policing + justice matters
2007-2011 - A successful assembly term
2017 - Scandal + collapse - Sinn Fein withdrew from the assembly + Westminster ran NI
2019 - Westminster legalises same-sex marriage + abortion in line with Great Britain
2020 - Sixth assembly resumed
2022 - DUP’s first minister resigned - caused scond minister to lose position
2022 - Sinn Fein won but DUP refused to agree to elect a speaker - suspension + is now run by Westminster
2024 - Sinn Fein running government
What arguments are there for the creation of an English parliament?
- Complete devolution within the UK + resolving the ‘English Question’
- Federal UK parliament + government responsible for UK wide issues
- Give political + institutional expression to English identity
What arguments are there aganist the creation of an English parliament?
- Create an additional layer of government + create tensions between UK + English parliaments
- ‘Devolution all around’ wouldn’t create a coherent system because England is a much larger nation than the other nations in the union
- Limited support in England - at the highest just over 20% (2015) + for regional gov at the highest 29% (2009)
Why has devolution meant that parliamentary sovereignty has been limited in practice?
- Westminister can overrule or abolsih the devolved bodies but in practice Westminister isn’t sovereign over the domestic issues in Scotland, Wales and Northen Ireland (Scotland Act 2016)
