Constitution Flashcards
What are the pillars of the constitution
-Parliamentary sovereignty
-Rule of Law
-Unitary State
-Constitutional Monarch
What is Parliamentary Sovereignty
Can pass any law
Independent
Can’t bind successors
What is Rule of Law
Habeus corpus
Nobody is above law
Minimum standards of procedure
Law should be certain
What is Unitary State
Ultimate sovereignty held in Westminster
(With an argument that could be made against the federal state)
What is a Constitutional Monarchy
Federal head of state, no real power
Constitutional Reform
HRA 1997
- enshrined the ECHR in UK law
- speed of access
- can be derogated out of
- New Labour
Constitutional Reform
Electoral Reform
- devolved bodies use AMS
- Northern Ireland uses STV
- Scottish local elections use STV
Constitutional Reform
Act 2005
- attempted to reduce overlap between the executive and judiciary
- reformed role of Lord Chancellor, splitting it between Lord Chief Justice
- established supreme court
Constitutional Reform
Fixed Term
Parliament Act
- Parliament could only sit for 5 years
- Repealed by Boris Johnson
Why is devolution important?
- Democratic deficit
- Avoid breakups (Scottish independence)
- Peace in Northern Ireland
Scottish Devolution
- happening since the 19th century
- 1997 referendum - 74% voted in favour
- 2016 DEVOMAX: gave more tax powers
Welsh Devolution
- less demand for devolution
- “can’t give one without the other”
- 1997 Wales Referendum: 50.3% voted yes
Northern Ireland Devolution
- used in the Good Friday agreement
- establishing NI house was aimed to get both sides to work together
Funding devolution
Barnett Formula by GDP
West Lothian question
- EVEL
- Why should devolved ministers vote on matters that wont affect them