Constitution Flashcards
Describe three functions of a constitution.
- Distributes power between different institutions
- Establishes how they relate to each other
- Establishes rights and freedoms of citizens
Why is the development of the UK constitution described as ‘organic’?
Developed gradually over time in an unplanned way.
Gradual shift of power from monarch to parliament and gradual increase in democracy.
Describe the difference between legal and political sovereignty.
Legal sovereignty: formal power, usually where laws are made (Parliament)
Political sovereignty: practical power (governing party, cabinet, prime minister)
Parliament is not politically sovereign – it has legal right to make any law it wishes, but not always the political ability to do so.
What are the three main features of the UK constitution?
- Uncodified
- Unentrenched
- Unitary
What is the difference between fusion of powers and separation of powers?
Separation: three branches of government (legislature, executive and judiciary) each have own powers, personnel and buildings. To create checks and balances.
Fusion: in UK, executive is formed from members of legislature
less fused since 2005 when law lords were taken out of HOL and made into supreme court
What have the aims of constitutional reform been in the period since 1997?
- Strengthen the Union
- Democracy
- Decentralisation (to ensure laws better meet local needs)
- Protection of rights
- Modernisation
Four key Labour constitutional reforms1997-2010
- Devolution including proportional representation (1998)
- Human Rights Act (1998)
- House of Lords reform (1999)
- Supreme Court (2005)
One strength and one weakness of the Human Rights Act 1998.
Rights can be enforced in UK courts: cheaper and easier
BUT the Act can be overturned by future act of parliament and Supreme Court cannot strike down legislation that is incompatible.
One strength and one weakness of the House of Lords reform of 1999.
Reduced hereditary peers to 92 and reduced overall size of Lords by half.
BUT didn’t put in place a fully developed alternative.
What was set up in 2005 to protect the constitution and enforce rights?
Supreme Court
Key Coalition constitutional reforms 2010-15.
- Further devolution to Wales 2014
- Fixed Term Parliament Act 2011 (repealed 2022)
- Recall of MPs 2015
- AV referendum 2011 (unsuccessful)
Key Conservative constitutional reforms 2015-date.
- Further devolution to Scotland 2016 (including control over income tax rates and all receipts from income tax) and Wales 2017 (including vary income tax by 10% and renaming Assembly as Senydd)
- Brexit (2020)
- Photo ID for elections 2022
- Ending of EVEL (2021)
- Ending of Fixed Term Parliament Act (2022)
What does quasi-federal mean?
It is so unlikely or difficult for power to be returned to central government that, to all intents and purposes, it is a federal system, even though it is not so in strict legal terms.
What two new electoral systems were introduced as part of the 1998 devolution reforms?
STV (Single Transferable Vote) in Northern Ireland.
AMS (additional member system) in Scotland and Wales.
Devolution has been asymmetric. What does this mean?
- Uneven across different areas
- No English Parliament
- Different powers for different English cities
- Scotland has full control over income tax, but other devolved authorities don’t
- Powers have been devolved to Wales more gradually and it is the only one that doesn’t have control over policing.
What practical difference has devolution made in Scotland, Wales and N.Ireland? Give two examples for each country
Scotland: free personal care for the elderly, no university tuition fees
Wales: free prescriptions for all under-25s, no school league tables
N.Ireland: peace, power-sharing: all major parties guaranteed ministerial positions, but long periods of suspension..
Ways in which devolution since 1997 could be described as a success.
- Strengthened the Union (2014 referendum)
- Peace in N.I, greater democracy (voting system reform)
- Decentralisation
- Distinctive laws to meet local needs (Covid response)
Ways in which the impact of devolution since 1997 could be described as negative.
- Calls for Scottish independence growing
- Low voter turnout
- Policy divergence means differing standards of provision in health, education, even protection of rights (gay marriage in NI)
- England doesn’t have devolution (no English parliament and regional bodies are patchy and inconsistent)
Areas of constitutional reform that you believe should be taken further.
- codification
- Lords Reform
- electoral reform
- HOC constituency boundaries
- further devolution
- Supreme Court powers to strike down laws Entrenchment of HRA
