Constitution and Devolution Flashcards
What are the Key principles of the UK constitution?
Parliamentary Sovereignty, Unitary, Uncodified, Constitutional Monarchy, flexible, Fusion of Powers, Rule of law.
What are the Sources of the UK constitution?
Statute law, Common law, Works of Authority, Codes and Conventions, EU laws and treaties.
Should the UK have a codified constitution?
Yes: decentralise power, limit an overly powerful government, clarify the law.
No: make out of date legislation hard to change(eg america 2nd amendment etc).
Benefits of constitutional change post ‘97? (Rights)
HRA 1998, 2010 Equality act.
Benefits of constitutional change post ‘97? (Devolution)
Brought greater powers to Scotland, Wales and Northern Ireland. E.g. 2012 Scotland Act = borrowing budget of £2.2bn + increased powers e.g. drug regulation; also Scotland act 2016 and Wales act 2017 = Increased Fiscal powers.
Has continued devolution undermined the union? (yes)
2014 Scottish independence referendum, SNP’s rise in popularity, Scottish Parliament, Quasi Federal state with increased decision making authority e.g. welsh rates of income tax April 2019.
Has continued devolution undermined the union? (no)
Westminster is still central to government, all assemblies apart from Scottish Parliament can be dissolved as they are not protected by the constitution.
What have we seen change over time with anti terror legislation? (post 9/11)
2005 prevention of terrorism act, counter terrorism act 2008, protection of freedoms act 2012.
What have we seen change over time with anti terrorism legislation, freedom and rights? (pre 9/11)
1998 HRA, 2000 FOI.
What have we seen change over time with anti terrorism, legislation, freedom and rights? (anomaly)
2010 Equality Act.
Constitutional change post ‘97? (judiciary)
Constitutional reform act 2005
Constitutional change post ‘97? (parliament)
2011 fixed terms government, HOL act 1999 abolishing hereditary peers(cutting the number to 92).
What is the significance of the Humble address?
Shows commons power to hod the government to account and shows the influence of works of authority(Erskine May).
What is the Humble address and why is it relevant?
Humble address see’s Parliament petition to the queen for documents to be produced. The first time it has been used since 1866 was in 2017 to get the government to release documents on the effect of Brexit on the British economy.
