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Introduction Programme > Devolution and Constitution. > Flashcards

Devolution and Constitution. Flashcards

1
Q

What is devolution?

A

The transfer of power from central government to local/regional government.

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1
Q

What is a federal constitution?

A

Power divided between central federal government and component parts.

Division/sharing of power between national and state government.

E.g US

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2
Q

What are the pros of devolution?

A

-Remote central government
-Local units of government to aid people’s wishes.

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3
Q

What are the cons of devolution?

A

-Jurisdictional problems between the different institutions and legal systems.

-Nations treated differently can cause problems/resentment.

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4
Q

Why is there asymmetry in the UK?

A

Different parts of UK have different forms of devolution and varying degrees of power.

Deals with demands within the existing constitutional system.

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5
Q

What are the seven functions of the constitution?

A

1) Furthering wellbeing
2)Power accountable
3)Constructing an identity
4)Managing disagreements.
5)Protecting dissenting viewpoints

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6
Q

What has legitimacy to make changes?

A

Political institutions and the electorate.

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7
Q

What determines constitutional rules?

A

Political actors and referendums.

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8
Q

What did Griffith say about political constitutionalism?

A

‘Law is not and cannot be a substitute for politics’

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9
Q

What does law facilitate?

A

Politics to behave in a particular way.

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10
Q

What did Adam Tomkins state about political constitution?

A

‘Parliaments will always enjoy greater democratic legitimacy than courts’

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11
Q

What other things are politically constitutional?

A

-Conventions of government.
-Parliamentary process.

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12
Q

What are parts of the legal constitution?

A

-Written documents/texts form legal principles from constitutional rules.

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13
Q

What does the legal constitution determine?

A

The scope and remaining constitutional texts/rules.

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14
Q

What does legal constitutionalism protect?

A

Minority constitutional rights in the face of majority wishes.

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15
Q

What does Tomkins say about legal constitutionalism?

A

‘Human dignity and individual autonomy… government, politics and majority rules should not trespass these fundamentals’

16
Q

What will law always seek to invalidate?

A

Political action which disrespects those principles.

17
Q

What statutes are examples of legal constitutionalism?

A

-Human rights act 1998
-Constitutional reform act 2005

Common law

18
Q

What does Griffith say about the constitution?

A

‘Everything that happens is constitutional, and if nothing happens that is constitutional too’

19
Q

What is unitary constitution?

A

Ø Single centralised source of sovereign power superior over other sources.
Ø Constitutional power emanates from the centre.
Distributed power can always be recalled.

20
Q

What is a federal constitution?

A

Ø Distribution of power, multiple sources.
Ø Certain powers are ascribed to different levels and may not be exercised on other parts of the state.
Power is not normally able to move between different levels.

21
Q

What is parliament?

A

‘A unitary concept of sovereignty.’

22
Q

What is a presidential constitution?

A

-Legislative and executive branches are separate.
-Specific powers accrue to each branch.

23
Q

What is a parliamentary constitution?

A

Ø Legislative and executive branches overlap
Ø Government exits for so long it commands the confidence of parliament.
Ø Less clearly defining line between powers belonging to each branch.

24
Q

What is a democratic constitution?

A

Ø Power and legitimacy derived from the electorate.
Ø Defined franchise, possibly universal.
Regular elections.

25
Q

What is an oligarchical constitution?

A

Ø Small group hold most of the power.
Ø Lack of elections
If there are elections, limited choice of party

26
Q

Where is the term devolution derived from?

A

The Latin for ‘roll down’.

27
Q

What happens in a federal or confederal system?

A

Every constituent part of state enjoys autonomy and sovereignty.

28
Q

What is federalism?

A

The division and sharing of power between national and state governments e.g US.

29
Q

What is devolution in UK?

A

In theory reversible and product of UK statute.

30
Q

What is meant by UK devolution being assymmetric?

A

Different parts of UK have different forms of devolution and varying degrees of power.

31
Q

What is an example assymmetry?

A

Scotland, Wales and Northern Ireland have executive and legislative devolution, yet Mayor of London only has executive powers.

32
Q

What does the Sewel Convention mean?

A

UK Parliament can still legislate in devolved areas but due to this convention it only does so with explicit consent from the relevant devolved body.

33
Q

What is an autocracy system?

A

Single person holds absolute power and authority over the state.

Introduction Programme (3 decks)

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