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politics 2 > constitutional reform > Flashcards

constitutional reform Flashcards

1
Q

basic features of UK constitution (for intro waffle)

A

uncodified = flexible
unitary - parliament is sovereign not federalised

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2
Q

structure of uk democracy (waffle

A

executive (pm&cabinet), devolved govts
legislature + HOL legislature
judiciary - uk supreme court

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3
Q

examples of UK constitution being flexible

A

1996 - Parliament passed law banning handguns due to a school shooting in Dunblane

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4
Q

difference between statute law and common law

A

statute law - laws passed by parliament, affect the political system and citizens’ rights

common law - legal principles laid down by judges in rulings. provides precedents for later cases, still has protection

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5
Q

what is convention

A

customs and practices that dont have legal force but have been broadly accepted over time. eg except in an emergency, the govt will not order military action without Parliamentary approval

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6
Q

what is authoritative works

A

textbooks that explain the workings of the political system but lack legal standing eg Erskine May’s ‘parliamentary practice’

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7
Q

what is uk constitution made up of

A

statute law, common law, conventions, authoritative works,

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8
Q

constitutional reform - parliamentary x7

A

-house of lords act 1999
-house of lords reform bill 2012
-house of lords reform act 2014
-the wright report 2009
-PMQs changed
-fixed term parliament act 2011
-dissolution act 2022

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9
Q

house of lords act 1999

A

reduced hereditary peers in House of Lords from 800->92 and introduced life peers
=reduced hereditary influence and increased scope for diversity

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10
Q

house of lords reform bill 2012

A

aimed to elect more members from the HOL -> 80% elected in 15 year terms
-lacked support and didnt become law

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11
Q

house of lords reform act 2014

A

more provision for resignation, retirement and expulsion from HOL
=improved opportunity for diversity and aimed to ensure Lords can be held accountable

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12
Q

the wright report 2009

A

proposed:
-reduction in number of select committees in HOc
-e petitions to be debated in the HOC

=would improve effectiveness of committees

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13
Q

PMQs changed

A

by tony blair
2x15 min slots to 1x 30 min slot
=improved efficiency of sessions and gravity of questions

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14
Q

fixed term parliament act 2011

A

sets fixed 5 year term for parliament and limited snap elections
=reduced the PMs power to call snap elections

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15
Q

Dissolution act 2022

A

repealed the fixed term parliament act 2011
-PM can now call election any time with the monarch’s permission

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16
Q

devolution constitutional reform x8

A

-good friday agreement 1998
-scotland act 1998
-scottish referendum 2014
-government of wales act 1998
-greater london authority 2000
-loct govt act 2000
-police and crime commissioners
-EU withdrawal act 2020

17
Q

good friday agreement 1998

A

irish devoltion and ended the troubles as it created a coalition govt
=peace, power sharing and cooperation

18
Q

scotland act 1998

A

established scottish assembly and granted powers such as education, health and justice
=raised questions over scottish self-governance and independence
led to the 2014 independence referendum

19
Q

government of wales act 1998

A

established welsh national assembly
=advanced self-governance

20
Q

greater london authority 2000

A

established greater london assembly and introduced the mayor of london (directly elected)
=better leadership and representation

21
Q

local govt act 2000

A

reform local govts in england and wales
increased services and accountability as well as elected mayors in some areas
=modernised and improved local govt effectiveness

22
Q

police and crime commissioners 2011

A

elected officials to oversee police forces
=made the police more community responsive and improved law enforcement relations

23
Q

EU withdrawal act 2020

A

formally seperated UK from EU
=affected trade, immigration etc

24
Q

electoral constitutional reform x4

A

additional members system
single transferrable vote
FPTP
increased use of referenda

25
Q

civil liberties const reform x 7

A

human rights act 1998
civil contingencies act 2004
identity cards act 2006
equality act 2010
investigatory powers act 2016
public order act 2023

26
Q

human rights act 1998

A

incorporated ECHR into UK statute law
=enables public to challenge public authorities over rights violations
=improved protection of rights and awareness

27
Q

civil contingencies act 2004

A

facilitates govt reponses to major emergencies and emergency regulation
=streamlined govt response and clarified roles and powers

28
Q

terrorism act 2006

A

strengthened measures to combat terrorism eg illegalised glorification of terrorism and also extended detention without charge for terrorism suspects
=strengthened response but raised concerns about civil liberty infringement

29
Q

identity cards act 2006

A

aimed to establish a national identity card system
repealed in 2008 over privacy objections
=raised debate over balance of security v individual freedom

30
Q

equality act 2010

A

established protected characteristics
=better rights culture and protection

31
Q

investigatory pwoers act 2016

A

extends govt agencies’ surveillance powers
=raised debate about security v liberty and privacy

32
Q

public order act 2023

A

gave law enforcement agencies greater powers to prevent protests deemed as disruptive eg climate protesters
=strengthened powers to prevent provocation of violence

33
Q

judicial constitutional reform x5

A

ministry of justice created
judicial appointments created
constitutional reform act 2005
miller v sec of state for exiting the EU 2017
uk supreme court ruling to hold scottish independence referendum 2022

34
Q

ministry of justice created

A

2007
to oversee aspects of the legal and justice system eg courts, prisons etc to ensure equality
=streamlined response and more focus +efficiency, and accountability

35
Q

judicial appointments committee

A

responsible for reccommending candidates for judicial appointments eg supreme court
=transparency, accountability, ensures choice is for

36
Q

constitutional reform act 2005

A

creation of supreme court - prior to this the HOL carried out which was a conflict of interest
JUDICIAL INDEPENDENCE
=separation of powers + modernisation

37
Q

miller v sec of state for exiting the EU

A

2017 whether the UK had the authority to trigger article 50 of the EU without parliamentary consent
(can theresa may legally declare to leave the EU without a parliamentary debate)
=high court and supreme court ruled saying the govt cannot do without parliament

=evidence the supreme court is seperate

38
Q

UK supreme court ruling on draft bill to hold scottish independence election referendum 2022

A

nicola sturgeon wants to hold a second referendum but the supreme court ruled she must pass the legislation

politics 2 (5 decks)

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