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Constitution Flashcards

1
Q

Define a constitution + constitutionalism

A
  1. A set of rules that establish and describe the distribution of power within a state
  2. Constitutionalism- is a principle that government operates within a set of constitutional rules and not in arbitrary fashion
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2
Q

What are the elements of a constitution?

A

A: assets rights of citizens
P: political process
L: limits
A: amendments
N: nationality rules
D: distrubutes political power

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3
Q

Explain how the constitution asserts the rights of citizens?

A
  • Democratic countries have a ‘bill of rights’ preventing the government from erasing people’s human rights
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4
Q

Explain how the constitution ensures the political process

A
  • Constitutions establish how the relationship between insitituions + the rules which govern them
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5
Q

Explain how the constitution places limits on power

A
  • British constitution has no limits on the power of Parliament (which is the soverign), so can do what they chose
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6
Q

Explain how the constitution allows for amendments

A

UK
1. Simple parliamentary structure
2. The slow evolution of laws
* Referendums are needed for change - France + Ireland
* In the US they need a majority of 2/3 in both the HOC + 3/4 of the 50 states

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7
Q

Explain how the constitution regulates for nationality

A
  • Constitution defines the terriotry which makes up the state
  • Constitution establishes who is entitled to be a citizen
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8
Q

Explain how the constitution distributes political power

A
  • All of the ultimate power lies in mostly one place (UK)
  • Constitution includes federal settlements where power is distrubuted between national government + local governement (US)
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9
Q

What are the features of the UK Constitutions

A

P: parliamentary sovereignty
U: uncodified
U: unitary
F: fusion of power
F: flexible

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10
Q

Explain how the constitution allows for parliamentary sovereignty

A

Parliamet has absolute power to make, repeal and amend any law

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11
Q

Explain how the constitution is uncodified

A
  • The UK Constituion is uncodified so its not confined to one document and can be written across multiple documents
  • A codified constitution is written across a single document
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12
Q

Explain how the constitution is unitary

A

A system of government in which power lies in one central body

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13
Q

Explain how the constitution allows for the fusion of powers

A

When the executive branch + legislative branch of government intermingle
e.g Rishi Sunak is both the MP for Richmond (Yorks ) + a member of the executive branch (PM)

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14
Q

Explain how the constitution allows for flexibility

A

Changes in the constituion can occur without a special produre `

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15
Q

Why is the constitution necessary?

A
  • Ensures political stability + order (particularly after a revolution)
  • Often supports a democracy
  • Often the basis of all other laws - constitutional sovereignty - not in the UK
  • Defines what a nation is
  • Protects human rights
  • Helps to prevent abuse of power by the executive
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16
Q

Give two arguments in favour of a codified constitution, and two arguments against

A

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 / Codified constitutions are too hard to change/ No consensus on what it should include

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17
Q

Explain five strengths and five weaknesses of the UK constitution, not including arguments about codification as these have already been done

A

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. Two-party system allows easy removal of govt/Normally strong and stable government
4. Independent & neutral Supreme Court created/Executive has power to fulfil its pledges
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/Referendums compromise parliamentary sovereignty
4. Lower turnout / Parliament not representative/Parliament not an effective check due to whips
5. Disillusionment / Power too concentrated so can be an elective dictatorship / Requires clarification from unelected courts

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18
Q

Explain what the Magna Carta is (1215)

A
  • Limits power of the monarch + allows for accountability
  • Habeas Corpus: no illegal imprisonment + a right to a fair trial
  • Inspired the 1689 Bill of Rights
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19
Q

Explain the 1689 Bill of Rights

A
  • Reinforced the petition of rights + how a monarch’s powers were limited
  • Parliamentary privilege - freedom for MPs to say anything in parliament, without the threat of prosecution (even if illegal)
  • Only parliament + not the monarch could levy taxes
  • Parliament must meet quite frequently
  • Free elections of MPs
  • No excessive bail or ‘cruel and unusual punishment’
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20
Q

Explain the 1701 Act of Settlement

A
  • Parliament picked the monarch + banned Catholics from having the throne
  • No foreigner can be an MP
  • Nobody who recieves money from the Crown (including pensioners) can be an MP - prevents a monarch having excess power
  • Judges commissions are only valid for good behaviour
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21
Q

Explain the 1707 + 1800 Act of Union

A

1707 Act of Union
* Brought Scotland into the country of Great Britain
* Scotland wanted a federal approach where they wouldn’t be subordinate to Westminister
* At the time Scotland wasn’t subject to English taxes
* Negotiated a union - minimal English investments, higher taxes + less MPs than in even Cornwall - disappointing deal
* Scotland kept its own church, legal system + local government
* Scotland’s coinage, tax, trade, parliament + flag became the same as England’s
* By 1978 there was a devolution referendum but it didn’t meet the ‘winning threshold’

1800 Act of Union:
* Brought Ireland into the union + abolished the Irish Parliament

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22
Q

Explain the Parliament Act (1911 + 1949)

A
  • 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
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23
Q

Explain the significance of the Magna Carta

A
  • Basis for future constitutional statues - Licensing Act (1695); publications no longer led to any censorship + Act of Settlement (1701)
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24
Q

Explain the significance of the 1701 Act of Settlement

A
  • Led to the Crown Act 2013 - allowing first-born daughters (not just sons) to asend the throne
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25
Q

Explain the significance of the Parliament Act

A
  • The Act was intended as temporary - many disliked the hereditary nature of the Lords + wanted it to be abolished
  • 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
  • Shows the possible need for a codified constitution
  • Can be used in ethical issues
  • Encourages stronger views in the Lords for the sole purpose of delaying legislation
  • Some argue that the 1949 Parliament Act is unconstitutional as the 1911 Act was used to pass out
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26
Q

Explain the European Communities Act of 1972

A
  • UK joined the Common Market (EEC), the European Coal and Steel Community + the European Atomic Energy Community
  • EU legislation on regulations etc became directly applied to the UK even without parliament having approved it - shifted parliamentary approval in the UK
  • Some EU legislation e.g directives are incorporated by parliament into UK law
  • When interpretation of EU law was in doubt the UK must refer to the European Court of Justice - which strikes down any UK legislation that’s incompatible with UK law
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27
Q

Explain the significance of the European Communities Act 1972

A
  • Parliament cannot pick + choose which provisions of EU law to follow
  • Any unwanted EU law provisions were removed from UK statute law on a case-by-case basis
  • Removed parliamentary sovereignty
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28
Q

What are the advantages and disadvantages of a codified constitution?

A

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

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29
Q

What are the advantages and disadvantages of a uncodified constitution?

A

Advantages:
* Not entrenched so amendments can be made
Disadvantages:
* Judicial review is limited because there is no single document that senior judges can’t clearly say if an act is or isn’t constitutional
* Parties can choose not to follow aspects of the constitution which don’t align with their ideologies
* Constitutional law has the same status as regular law

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30
Q

Explain the Great Reform Act of 1832

A
  • Extended the vote to the new middle classes + gave parliamentary representation to the new industrial workers (tenant farmers + property owners)
  • Abolished seperate representation of the underpopulated ‘rotten boroughs’ - created seats for urban areas
  • Increased electorate to 65,000
  • Made it impossible for the Lords to control the composition of the House of Commons through patronage
  • Limited the powers of the Commons more as the choice of the cabinet members was no longer there decision but that of the HOC
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31
Q

Explain the 1867 Electoral Reform Act

A
  • Gave the vote to some ‘free’ male workers and began the process of creating a mass electorate
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32
Q

Explain Statute Law

A
  • Law created by parliament + has to be approved by the HOC+HOL as well as the monarch
  • Implemented by the executive + executed by the courts
  • Supreme source of constitutional law due to parliamentary sovereignty
  • Example = Great Reform Act 1832
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33
Q

Explain what common law is

A
  • Legal principles that have been discovered, devolved + applied by UK courts
  • Senior judges can conduct judicial review to clarify/establish a legal position if it’s unclear/absent
  • Parliamentary sovereignty means they can overturn such common law
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34
Q

Explain what conventions within the law are

A
  • Rules or norms of behaviour considered to be binding - neither codified or legally binding
  • 2011 Cabinet Office Manual sought to bring together these conventions in a single document
  • Example = Royal Assent - a monarch will always agree to sign legislation passed by the two houses since 1707
  • Example = Gordon Brown announced that the UK wouldn’t declare war without parliamentary debate
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35
Q

Explain Authoritative Works within the Law

A
  • Long-established legal + political texts that have become accepted to set out ‘who can do what’ under the UK constitution
  • Have no fomal legal status but have ‘persuasive authority’
  • Example = Erskine May’s 1844
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36
Q

Explain what EU law is

A
  • Following 1972, the treaties establishing EU law + judgements from the European Court of Justice became part of the UK constitution
  • EU law then took precedence over UK law
  • May proposed the ‘Great Repeal Bill’ to automatically make all applicable EU law into UK law - then parliament could pick which ones to amend or overturn
  • EU law was eventually withdrawn from UK law through European Union (Withdrawal) Act 2018
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37
Q

Explain the implications of an uncodified constitution in the UK

A

Strengths:
* Principles can be impacted by government interference and changed based on each party’s beliefs
* It’s flexible + open to social and political change within society
* 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’

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38
Q

Explain the key principles of Parliamentary Sovereignty

A
  1. Means that Westiminister Parliament is the supreme law-making body
  2. Can legislate on any subject of its choosing
  3. Legislation cannot be overturned by any higher authority
  4. No parliament can bind its successors - all legislation can be amended - HOC has the greatest influence
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39
Q

Explain the key principles of EU membership + Parliamentary Sovereignty

A
  1. EU law had precedence over UK law which challenges the idea of parliamentary sovereignty
  2. Parliament retained authority by choosing to leave the EU
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40
Q

Explain the key principles of the Human Rights Act of 1998 + Parliamentary Sovereignty

A
  1. Incorported the rights in the European Convention on Human Rights into UK statue law
  2. New laws must be compatible with this or will be striken down by the courts until overturned or amended by parliament
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41
Q

Explain the key principles of Devolution + Parliamentary Sovereignty

A
  1. Scotland, Wales + NI have primary authority over devolved issues such as education
  2. Westminister can’t make laws on devolved issues but has ‘sole authority’ over ‘reserved matters’ e.g the economy
  3. The Scotland Act 2016 states that the Scottish parliament + government are permanent institutions + cannot be abolished without approval in a referendum
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42
Q

Explain the key principles of Referendums + Parliamentary Sovereignty

A
  1. Settles constitutional issues e.g devolution - shows the shift from parlaimentary soereignty to popular sovereignty
  2. Referendums can be advisory but by not following the result, goverenments make themseleves unpopular + increase the chance of losing the next general election
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43
Q

Explain how the Parliamentary System operates

A
  1. The executive + legislative branches are fused
  2. The legislature can dismiss the executive - the government is accountable to parliament who can remove the government with a no confidence vote + dissolve them with a general election
  3. Parliamentary elections decide the government
  4. There is a collective government led by the PM who chairs a cabinet of senior ministers - collective responsibilty requires he cabinet to support government policy
  5. Seperate Head of State, as the UK is a constitutional monarchy; the modern monarch has a ceremonial role but doesn’t have prerogative powers
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44
Q

What is the ‘Westminister Model’?

A
  • There is no strict seperation of powers between the executive (gov) and the legislature (parliament)
  • The government is drawn from parliament but is also accountable to parliament
  • This is the opposite to a presidential government where the executive is seperately elected to the legislature, so is accountable to the people not the legislature
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45
Q

What are the features of the ‘Westminster model’ and what challenges do each of them face?

A
  1. Uncodified constitution; defacto ‘higher law e.g Human Rights Act gives statturory basis for rights, Scotland Act 2016 gives permance to the Scottish Parliament
  2. Parliamentary sovereignty; EU membership, use of referendums, devolution, HRA 1998
  3. Collective government; presidentialisation, dilution of collective responsiblity
  4. Executive dominance over the legislature; decline of party cohesion, reduced likelihood of single-party govs with large parliamentary majority, governmentdefeats in the HOL
  5. Limited role of the judiciary; increase in judicial review + creation of the Supreme Court
  6. Unitary state; legislative devolution + the ‘English Question’, increased support for Scottish independence
  7. First-pas- the-post electoral system; changes to FPTPoperates (single-party gov = less likely, new electoral systems beyond Westminster
  8. Two-party system; decline in support for Conservative+Labour (until 2017), rise in multiparty politics at Westminster
  9. Representative democracy; increase use of direct democracy (referendums), fall in turnout at general elections - rise in anti-politics
46
Q

What are the pros of the Westminster Model?

A

Pros:

  • The two-party system means voters are presented with a clear choice between voters + opposition
  • 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
  • (e.g Health+Social Care Committee + Science+Technology Committee that questioned staff on Covid decisions oin Oct 2023)
  • The system of representative democracy means that the government is held accountable through elections
  • 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
  • Individual ministerial responsibility means that ministers are accountable to Parliament
  • The electoral system has historically produced strong single-party governments, so that governments can deliver their promises
  • Increased use of referendums since 1997 has added legitimacy to constitutional changes
  • HOL advisies on legislation without the pressure of party politics + the whip system
  • Constitution has been improved by the creation of an independant + neutral Supreme Court
  • Government can pass most of its objectives because it requires a majority in Parliament as the executive operates through the legislature, avoiding gridlock
  • Devolution has improved political participation + more proportional electoral systems are used in the devolved bodies
  • Leaving the EU has restored parliamentary sovereignty
47
Q

What are the cons of the Westminster Model?

A

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 despite the first Asian PM and the most diverse parliament in history
* Anti-politics is on the rise as more people beome disillusioned with the political system meaning there is an increased threat to politicans
* Devolution to Scotland,Wales and NI has meant that England isn’t well represented; English votes for English laws hasn’t fixed this problem
* UK electoral system is no longer fit for purpose now that there are more parties than just Conservative or Labour
* Uncodified constitution means its unclear and requires judicial reviews often
* The elctoral system results in wasted votes and safe seats; only the voters in marginal constituencies have a real say in the outcome
* The existence of the HOL is undemocratic; it is unelected, includes 92 hereditary peers and can be used by past PMs to reqrd donors or use them to the party’s advantage
* Local government is weak
* There are limited opportunities for political participation outside of elections, people become more disinterested in politics
* The executive dominates the legislature, a government with a majority can do anything they want - elective dictatorship
* Turnout in general elections is significantly lower than it was years ago suggesting lower political engagement
* Parliament is not an effective check on government because of the party whip system; means MPs aren’t effectively representing their constitutents
* The concentration of power at the centre means that politics isn’t responsive to local needs and issues
* Increased emphasis on party leaders has led to a move towards presidentialism instead of cabinet government directed by consensus
* Increased use of referendums has comprised parlaimentary sovereingty; people are voting on issues they don’t truly understand
* Scotland, Wales + NI have been taken out of the EU aganist their will
* Devolution risks the breakup of the Union, the Scottish Parliament’s creation hasn’t diminshed calls for Scottish independance
* Parliaments cannot bind another Parliament; important constituional changes can be undone by the next Parliament

48
Q

Explain the Rule of Law

A
  • Nobody is above the law
  • Nobody can be punished without a fair trial
  • The general principles of constitutions are made by judegs; not from parliament or the executive
49
Q

Explain Parliamentary Sovereignty Under a Constitutional Monarchy

A
  • Parliament faces the verdit of electorate every 5 years
  • Government ministers are politically accountable to parliament + the Crown
  • Glorious Revolution of 1689; made parliament supreme over time
50
Q

Explain what a Unitary State is

A
  • Sovereign is located at the centre; it’s centralised and homogenous
  • Central government has supremacy over other tiers of government; they can reform or abolish them
  • Local gov has very little power + regional gov is often weak or non-existant
  • Subnational insitutions don’t have autonomous powers that are constituionally safeguarded
51
Q

What are the similarities between the UK and US constitution?

A
  1. The UK also has a supreme court
  2. Individual rights are protected in both countries
    - US in the Bill of Rights
    - UK in the Human Rights Act
  3. The US Constitution is federal (power is split between the federal government + the states)
    - the UK has become more federal since the 1997 devolution, but Parliament still has sovereignty
52
Q

What are the differences between the UK and US constitutions?

A
  1. US constitution is codified + entrenched
    - can only be changed through the amendment process in the US
    - can be done through parliament in the UK
  2. The courts in the US can ‘strike down’ any laws which are ‘uncosntitutional’
    - UK courts cannot overturn parliament
  3. In the UK there’s a fusion of powers as the executive operates through the legislature
    - in the US the branches of government are strictly seperated
  4. The UK system is parliamentary + the US system is presidential
53
Q

What were New Labour’s aims to reform the constitution?

A
  1. Modernise UK system including parliament
  2. Improve democracy with referendums + electoral system
  3. Devolution for Scotland + Wales
  4. Strengthen citizens rights
54
Q

Evaluate the changes New Labour made to rights in the constitution in protecting citizen’s rights

A

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

55
Q

What achievements did Labour achieve in reforming the consitution?

A

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

56
Q

Evaluate the changes New Labour made to the consitution to allow for devolution

A

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’ - Scottish MPs could vote on issues which affect England but English MPs couldn’t vote on issues which have been devolved to Scotland
* The Barnett formula (which set the levels of public spending in each constituent part of the UK) 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 wan’t stopped by this devolution

57
Q

The ‘West ? Question’ is why Scottish, Welsh or Northern Ireland MPs can vote in Parliament
on matters that only affect ?, whilst English MPs cannot do the same as the other nations in the UK have ? governments. After the ? general election, rules in the House of Commons were changed to introduce English Votes for English Laws, also known as ?. The ? decides which parts of a bill relates to England alone, then an England-only ‘legislative grand ?’ is formed to consider this. However, as these committees last an average of ? minutes, this has been accused of not being effective. It has also been accused of creating two ? of MP, and of being overly ? as it can add up to 8 additional stages in a bill’s legislative journey. [

A

The ‘West Lothian Question’ is why Scottish, Welsh or Northern Ireland MPs can vote in Parliament on matters that only affect England, whilst English MPs cannot do the same as the other nations in the UK have devolved governments. After the 2015 general election, rules in the House of Commons were changed to introduce English Votes for English Laws, also known as EVEL. The Speaker decides which parts of a bill relates to England alone, then an England-only ‘legislative grand committee’ is formed to consider this. However, as these committees last an average of two minutes, this has been accused of not being effective. It has also been accused of creating two classes of MP, and of being overly complex as it can add up to 8 additional stages in a bill’s legislative journey.

58
Q

Evaluate the changes New Labour made to the consitution to allow for more regional and local governments

A

Regional and Local Government = created new elected mayor of London (including other cities) + 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
* Idea of regional assemblies was rejected by 37 areas in referendums
* 3 areas have also voted to abolish the position of mayor

59
Q

Evaluate the changes New Labour made to the consitution to allow for electoral reform

A

Electoral Reform = implented proportional electoral systems outside of Westminster as a trial for reforming first-past-the-post (Labour didn’t feel they could win under first-past-the-post)

Successes:
* Labour introuduced proportional representation
* AMS (additional member system) for the Scottish + Welsh assemblies
* More proportional STV (single transferable vote) used in Northen Ireland to ensure balance between unionists + nationalists
* For the EU parliament a closed regional party list is used

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 (combing AV with a proportional list ‘top-up’ - similar to AMS but without the wasted votes that come from the FPTP part
* Labour didn’t act on the report, as they now knew they could win under FPTP and wouldn’t benefit from the reform

60
Q

Evaluate the changes New Labour made to the consitution to allow for Lords reform

A

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
* Before the act the Lords was dominated by those who’ve inheredited it - this ended the Conservative dominance within the HOL
* HOL would now appoint people based on merit so there would be a range of experts on different issues

Failures:
* Labour didn’t make any more progress after the HOL Act
* 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

61
Q

Evaluate the changes New Labour made to the consitution to allow for Commons Reform

A

Commons Reform = Reforms to be made were written in the Wright Committe but never happened

Successes:
* In 2009, Labour established the Wright 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
3. Hold a consultation on moving elections to weekends - increase participation
4. Lower voting age
5. Increase Parliament’s powers
* Brown was never able to implement his proposals due to the 2008 financial crisis - in his 2010 manifesto, he promised referndums on the Lords + electoral system but lost

62
Q

Evaluate the changes New Labour made to the consitution to allow for judicary reform

A

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
* Blair’s government felt these joint power between the executive, legislature + judicary was unacceptable as the Lord Chancellor had a position in each branch; thought it was a ECHR breach (judge who is also part of the executive + legislature might not be impartial enough to guarantee a fair trial)
* 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

63
Q

Name the constitutional reform enacted by the Conservatives since 2010 (including in Coalition), and give detail on what it did

A

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

64
Q

What did Nick Clegg’s House of Lords Reform Bill 2012 propose, and why did it fail?

A
  • 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
65
Q

Explain how the reforms introduced by the 2010 Coalition goverenment changed the Commons?

A
  • 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
66
Q

What changes did the Conservatives want to make to Commons?

A
  • Liberal Democrats then blocked Conservative plans to reduce the number of MPs to 600 + make constituencies more equal; as it would have favoured the Conservatives
67
Q

What part of the Coalition agreement was carried out in 2011, but without the outcome that the Liberal Democrats had hoped for?

A
  • Alternative Vote referendum
  • May 2011 there was a referendum on the use of AV (wasn’t the Lib Des first choice which was STV) Instead of FPTP rejected by 68% who voted
68
Q

What changes did the Conservatives make to the Human Rights Act?

A
  • Conservatives wanted to replace the HRA with a British Bill of Rights but were blocked by the LIberal Democrats
69
Q

Explain the Fixed-Term Parliament Act 2011+ changes that have been made to it from 2011-2022

A
  • Removed the prerogative powers from the PM to set an election date
  • Elections had to be the first Thursday in May in the fifth year after an election
    Could only be changed by:
    1. a vote of no confidence
    2. a vote on a different election date receiving a 2/3 majority
    3. a special act with opposition support being passed in 2019 to allow an early election
  • 2015 first election under this act; the second was in 2017 + the thirs in 2019; showed the act was ineffective
  • Policy from Lib Dems to reduce the power of the executive + remove an advantage for the governing party has been removed/overturned
70
Q

Explain English Votes for English Laws from 2015-2021

A
  • Created a ‘grand committee’ stage for laws that only affected England or England + Wales that meant the MPs whose constituencies were impacted had the ability to veto a law
  • Bills affecting England or England + Wales can only pass with the ‘grand committee’s approval’
  • First used on a housing bill in Jan 2016
  • Aimed to solve the ‘West-Lothian Question’
  • Argubly created a difference between Scottish + English MPs
  • Didn’t stop Scottish MPs voting on English only matters all together (2016 stopped changes to Sunday Trading Laws that only affected England + Wales)
  • SNP described the removal of EVEL as humilation for the Tories
  • Critics viewed its removal as increasing the disparity in the way England was treated under devolution
  • Rees-Mogg MP said EVEL had “undermined” parliament
  • EVEL can be seen as an attempt to undermine the arguments from the SNP for independance
71
Q

Explain the Recall of MPs Act (2015)

A
  • The Recall of MPs Act (2015) legal means to remoce an MP if they receive a custodial sentence (from the courts)
  • Or are suspended from Parliament for more than 21 days + 10% of constituents sign a petition
  • It triggers a by-election
  • Before this MP was required to resign
72
Q

Explain the Northern Ireland Protocal + the changes that have been made to it

A
  • Aimed to up-hold EU single market rules without breaking the Good Friday Agreement
  • Checks would be conducted in NI’s ports on certain goods coming from Great Britain
  • NI would kepp following EU rules on product standards
  • Created a border between NI and the rest of the UK exists in the Irish Sea for certain goods
  • DUP + other Unionist parties were very unhappy as were the Conservatives (who were unhappy with their own agreement)
  • UK + EU are at offerheads as to how to resolve the issue and the DUP has prevented power-sharing agreement from functioning since recent elections
  • Position of NI in the UK/Union is uncertain expecially since to Sein Fein’s victory in 2022
73
Q

Explain how attitudes to devolution have changed

A
  • Since the start of the devolution project by Blair’s goverenment in 1997 it has increased devolution
  • Johnson a strong beliver in the union seemed less convinced; he said “devolution had been a disaster” in Scotland + was Blair’s “biggest mistake”
  • Johnson clashes with the SNP + didn’t work closely with the Scottish + Welsh goverenments during Covid
  • Johnson’s ‘Levelling up Agenda’ looks like being his version of devolution with local devolution in England; but is unclear what the uptake will be of the ‘opportunities’ offered
74
Q

What is devolution?

A

Devolution is the trasnfer of policy-making powers from the centre to subordinate subnational institutions

75
Q

Why did devolution not emerge in the 1970s? (Scotland)

A
  • Scotland had a referndum in which 52% of those who voted supported devolution (only 33% of the electorate)
  • Westminster stated that it needed to be backed by 40% of the electorate
76
Q

What acts occurred in 1998 regarding devolution and what did they do?

A

Scotland Act; established the Scottish parliament
Goverenment of Wales Act; established the Welsh Assembly (now parliament)

77
Q

What act occurred in 1999 regarding devolution in England?

A

Gretaer London Authority Act; established the London Assembly + the Mayor of London

78
Q

How does the Scottish parliament work?

A

There are 129 members elected through additional member system:
* 73 MSPs are elected in FPTP
* 56 MSPs are ‘additional members’ elected in eight multi-member regions each of which elects 7 members using proportional reprsentation

79
Q

Why did devolution emerge in the 1997?

A
  • 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
80
Q

What devolved powers do Scotland and Wales have?

A

Scotland:
* Landfill tax
* Income tax rates
* Health + social services
* Air passanger duty
* Education
* Housing
* Justice, police, prisons + elections
* Agriculture
* Onshore gas + oil extraction

Wales:
* Landfill tax + stamp duty
* Fracking
* Welsh rate of income tax (10 pence in of the pound)
* Health
* Education
* Environment
* Transport
* Local government elections
* Onshore gas + oil extraction

81
Q

What powers do Scotland and Wales not have (reserved powers)?

A

Reserved Powers:
* UK constitution
* Defence + national security
* Foreign powers
* Policing + justice (Wales)

82
Q

Why were the SNP not happy with the devolution agreements?

A
  • The SNP wanted ‘devomax’ to happen in which Scotland would fully control all taxes, duties + spending - full fiscal autonomy
83
Q

Explain three positive consequences and three negative consequences of devolution

A

POSITIVES:
1. More representation in SCO, WAL & NI now + devolution supported by voters in nations
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

NEGATIVES:
1. Piecemeal approach + not holding union together
2. West Lothian Question + Northern Ireland government unstable
3. Barnett formula/Policy divergence/Mixed record of devolved governments

84
Q

Explain the Yes campaigns aims

A
  • 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
85
Q

Explain the Better Together campaigns aims

A
  • 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
86
Q

What were the results of the Scottish independance referendum?

A
  • 55.3% voted no to Scotland being independant
  • 84.5% turnout + 1.6 million voters said ‘yes’ - 44.7%
87
Q

Explain the details of the Scotland Act 2012

A

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

88
Q

Explain the details of the Scotland Act 2016

A

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

89
Q

How does the Welsh parliament work?

A

The National Assembly for Wales has 60 members elected through additional member system (AMS)
* 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)

90
Q

What did Welsh voters decide in a referendum in 2011?

A
  • To ask Westminster for primary
    legislative powers
  • Referendum March 2011 (64% yes vote) led to the assembly having primary legislative powers
91
Q

Explain the details of the Wales Act 2017

A

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’

92
Q

What were the results of the Welsh devolution referendum?

A
  • 2011 referendum - 64% ‘yes’ vote
  • The support for independance is low at only 10%
93
Q

Explain the details of the Wales Act 2014

A
  • Gave the Welsh Assembly control over stamp duty + landfill tax
94
Q

Explain the details of the Wales Act 2017

A
  • 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
95
Q

Why may support for Scottish independance increase in the future?

A
  • 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
96
Q

What did unionists and nationalists believe about devolution?

A
  • Unioists want NI to remain part of Northen Ireland (Protestants + DUP) - 55%
  • Nationalists want to be part of the Repubic of Ireland (Catholic + Sinn Fein) - 45%
97
Q

Why are there many terrorist campaigns in NI?

A
  • Terrorist campaigns by republican + killed more than 3600 - IRA has adheared to ceasefire since 1995 but breakaway groups rmain active
98
Q

How does the Northen Ireland Assembly work?

A
  • 1998 Good Friday Agreement established a power-sharing devolution
  • The NI Assembly consists of 108 members elected by STV of proportional representation - cut to 90 after 2021
  • Election were held every 4 years, extended to 5 after 2011 election
  • 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
99
Q

Give a timeline of key details for Northen Ireland devolution

A

1998 - Northen Ireland Act which formally established the assembly
2002 - Suspension from 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 - Present - Sinn Fein won but DUP refused to agree to elect a speaker - meant the assembly couldn’t function + is now run by Westminster

100
Q

What is the ‘English Question’?

A
  • That an English parliament should be created that has legislative powers over domestic English issues - English votes for English laws
101
Q

Define what a quango is?

A
  • Quango = quasi-autonomous non-governmental organisation - an unelected public body repsonsible for funding an area of public body
102
Q

What arguments are there for the creation of an English parliament?

A
  1. Complete devolution within the UK + resolving the ‘English Question’
  2. Federal UK parliament + government responsible for UK wide issues
  3. Give political + institutional expression to English identity
103
Q

What arguments are there aganist the creation of an English parliament?

A
  1. Create an additional layer of government + create tensions between UK + English parliaments
  2. ‘Devolution all around’ wouldn’t create a coherent system because England is a much larger nation than the other nations in the union
  3. Limited support in England - at the highest just over 20% (2015) + for regional gov at the highest 29% (2009)
104
Q

What type of local governments are there in the UK?

A
  • 55 unitary authorities - full range of local services
  • 27 county councils - some local services (housing, leisure + rubbish collection)
  • 36 metropolitan borough council - local services in urban areas
  • 201 district councils - housing, leisure + rubbish
105
Q

What are local authorities responsible for?

A
  • Education
  • Social services (residental care + community care)
  • Public Housing
  • Roads (maintenance + regulation)
  • Transport
  • Environmental health
  • Leisure services
  • Planning permissions
106
Q

What powers do the Greater London Authority have?

A
  • GLA is responsible for economic development, transport, planning + policing
  • GLA has a directly elected mayor + 25-member London Assembly
  • Mayor sets the budget + policy for authority
  • Example policy - congestion charge on 2003 + ULEZ in 2019 + expanded in 2023
107
Q

What powers do the Greater Manchester Authority have?

A
  • GMA was created in 2011 + a further eight authorities were in place by 2017
108
Q

Why has devolution meant that parliamentary sovereignty has been limited in practice?

A
  • Westminister can overrule or abolsih the devolved bodies but in practice Westminister isn’t soverign over the domestic issues in Scotland, Wales and Northen Ireland (Scotland Act 2016)
109
Q

In what way is the UK quasi-federal?

A

Westminster opeartes as an English parliament by making domestic law in England but is a federal parliament for Scotland, Wales + NI

110
Q

How are the devolved administrations funded?

A
  • Funded by block grants from the UK Treasury, the size of the grants are decided by the Barnett formula (calcuates on the basis of the relative population)

Politics (11 decks)

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