Constitution Flashcards

1
Q

What are the principles of the UK constitution?

A
  • Parliamentary sovereignty
  • The rule of law (nobody is above the law)
  • Parliamentary gov. under a constitutional monarch
  • The unitary State (one central state rules all the divisions)
  • EU membership (EU law is binding)
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2
Q

What is a statute law

A

A law passed by parliament which adds to the constitution

e.g. Human rights act (1998), Equality act (2010), Marriage act (2013)

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3
Q

Benefits of a Codified constitution

A
  • More consistent
  • Easy to refer to/access
  • Same rules and values for each president/government
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4
Q

Benefits of an uncodified constitution

A
  • Easier/simpler to change

- More able to evolve over time

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5
Q

How has Devolution been a constitutional reform since 1997? (1997-2007)

A

1997

Referendum’s were held to decide if Scotland & Wales wanted their own elected government. Both voted yes.

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6
Q

How has the HRA been a constitutional reform since 1997? (1997-2007)

A

Came into force in 2000
It incorporated European convention on human rights into British laws. There was a committee to check legislation for infringements in HRs. Was the first time UK citizens could claim.

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7
Q

How has the House of Lords been a constitutional reform since 1997? (1997-2007)

A

1997

A parliamentary bill, removed the right to hereditary peers in the HoL, 92 were still allowed

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8
Q

How has the Supreme Court been a constitutional reform since 1997? (1997-2007)

A

The constitutional reform act (2005) meant that the judiciary and executive were separate. One could no longer sit in both

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9
Q

How has the Fixed Term Parliaments Act been a constitutional reform since 1997? (2010-2015)

A

2011
A general election now happens every 5 years, so snap elections are harder to call. Does allow election if the gov. losses a vote of no confidence.

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10
Q

How has Attempted Electoral Reform been a constitutional reform since 1997? (2010-15)

A

The was a call to change FPTP to AV. But in a referendum FPTP got 68% of the vote

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11
Q

How has Parliamentary Reform been a constitutional reform since 1997? (2010-15)

A

Giving backbenchers more influence, addressed excessive power of the HoC. Parliamentary backbenchers committee introduce. E-petitions introduced.

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12
Q

How has Further Devolution been a constitutional reform since 1997? (2010-15)

A

More centralisation to bring power to the people. Wales given primary legislative power. Scotland have the right to very income tax by 10p.

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13
Q

How has Changing significance of FTPA been a constitutional reform since 1997? (2015-)

A

It worked between 2010-2015 but, there has been more frequent elections due to a loop-hole to now do one whenever.

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14
Q

How has EVEL been a constitutional reform since 1997? (2015-)

A

2015
Only MP’s of english constituents can vote for laws that effect only England. Since Scottish, Welsh and Irish MP’s had too much power voting on legislation for both countries.

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15
Q

How has Brexit been a constitutional reform since 1997? (2015-)

A

There was a referendum on whether the UK should stop being a member of the EU, as it was one of Cameron’s manifesto commitments in the 2015 general election.

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16
Q

How has The Human Rights Act improved the British Political System?

A

1998

  • Enshrined ECHR in UK law, so it could beupheld in courts
  • The judiciary can declare ‘incompatibility” of laws, and tell politicians to adapt laws
  • Committee to check laws don’t infringe on human rights
17
Q

How has The Human Rights Act NOT improved the British Political System?

A
  • Parliament can ignore if they want to –> sovereignty is too weak
  • Gov. can repeal when they want
18
Q

How has Devolution improved the British Political System?

A
  • More trust in government

- Better descriptive representation

19
Q

How has Devolution NOT improved the British Political System?

A
  • UK no longer a unitary state, now a quasi-federal
  • pre-EVEL there was more power for non-english MPs, and the Weslothian Question still unanswered
  • Increased calls for independence
20
Q

How has Parliamentary Reform improved the British Political System?

A
  • Reduced the No. of hereditary peers, so it less anachronistic
  • Backbench MP role expanded
  • Secret ballot so whups mean less
21
Q

How has Parliamentary Reform NOT improved the British Political System?

A
  • Unelected peers are still a problem, not fully legitimate

- Doesn’t have huge significance, haven’t addressed the key problems with the HoC, ‘elective dictatorship’

22
Q

How has UK SC reform improved the British Political System?

A

The constitutional Reform Act 2005:

  • Ended the lord chancellors power to be a member of all 3 branches
  • Reduced government influence on appointment of judges
  • Strengthened the separation of powers
23
Q

How has UK SC reform NOT improved the British Political System?

A
  • Didn’t go far enough

- A codified constitution would allow the court to check the government

24
Q

How has the FTPA improved the British Political System?

A
  • Limits the power of the PM

- Elections cannot be called it times of high popularity

25
Q

How has the FTPA NOT improved the British Political System?

A
  • Early elections could still be called (as the act could be overruled with a 2/3 majority)
  • BoJo used a loophole and called an election with a simple majority
26
Q

How has the House of Lords Reform Act (2014) improved the British Political System?

A
  • Gives existing peers the right to retire/resign –> 54 peers retired in 2 years
  • Allows peers to be removed for serious criminal offences
27
Q

How has the HoL Reform Act (2014) NOT improved the British Political System?

A
  • Still hard to punish lords for non-attendance

- Still unelected so there is scope for corruption