Example Questions Flashcards
Jenkins report
An electoral system should:
Allow Broad proportionality
Provide stable government
Provide more voter choice
Keep a good constituency link
Jenkins report recommend
AV - Jenkins report in support for AV by 85%
2011 ref, 68% voted to keep FPTP
For a codified constitution
Would provide greater clarity on what is / isnt constitutional
Authoritative reference in court
Limit power of state and its institutions
Would provide greater protection for rights of citizens
And better inform them
Our system is outdated
Most conventions date back to pre modern era
Against a codified constitution
Pragmatic adaptation has worked well so far and is preferable
No elite consensus on what a codified constitution should look like
Would be rigid and difficult to amend
Gives judges who are accountable greater political power
No great popular demand
Other issues more important
Explain and analyse the importance of 3 sources of uk constitution
- statue law. Any law created or passed in house of parl. approved by HOV/L+MON. Supreme source of constitutional law- override. Executed by cabinet and enforced by courts . Fixed term parl act 2011- 5 yearly elections to WP. Removed pms power to use prerogative power to call an election at a politically advantageous time. Overturned royal perogative which was established by inferior common law.
-conventions, rules or norms that are considered to be legally binding even when they are not codified or legally enforceable. Hard to define and unclear , ‘major bill’ convention or that royal assent is always granted. - works of constitutional authority, handful of long established legal and political texts that have come to be established as reference points of what is allowed under UK constituons. Eg Walter Bagehots the English constitution 1867- first set out the roles of cabinet and pm describing the latter as first among equals
Deserve and explain the key principles that underpin the uk constitution
- parliamentary sovereignty, A B Dicey twin pillar doctrine of parliamentary sovereignty holds that WP is supreme law making body. Legislative supremacy is constructed around three interconnected parts- parliament can legislate on any subject of its choosing; legislation cannot be overturned by any high authority; no parliament can bind its successors
-rule of law. Defines relationship between state and citizens. Ensuring that state action is limited and responsible. A V Dicey - twin pillar- no one can be punished without trial; no one is above law; subject to same justice.
-unitary state, constitutions may be classified according to whether they concentrate political power at the centre or divide it between central and regional government. The traditional British one is unitary. Highly centralised so sovereignty isn’t retained at WP.
Explain and analyse 3 ways the UK constitution has developed (if it says sources stick to statue law etc)
Magna Carta- 1215- guaranteeing freedom from church, king couldn’t raise taxes without people’s consent. Right to due process in law guaranteed. Lords created the first stepping stones for an uncodified government. However did not give many rights to ordinary people. Nobles could select a comittee of 25 to scrutinise the actions of the king. Although reissued and party altered in following decades seen as a landmark in the development of humane rights- some of its clauses are in other key documents like bill of rights.
- bill of rights 1688- only parliament could pass or remove laws. Only Parliament could raise money for government expenditure, only parliament could raise and maintain an army during peacetime. Therefore established legal postion of army .Parliamentary privlidge was established. Freedom of speech in HOC, MONARCH COULD NOT IGNORE PARL BY NOT CALLING IT. major milestone for uk constitution. No royal interference in elections. Established key principles of rights and freedoms in government. HOWEVER, Rights were vague and easily could be reinterpreted. Precise definitions of free elections unclear. Statue law held no legal authority and no formal procedure for removal of monarchy.
- act of settlement 1701- changing relationship between crown and government granted Parliament the power to choose the monarch. Judges could not be removed without consent of Parliament. Royal pardons became irrelvant in cases of impeachment . No foreign born man could sit in parliament or hold military command. Monarch had to be COFE and married to one to guarantee Protestant succession. FUNDAMENTAL PRINCIPLE THAT THE MONARCH EXISTED ON PARLIAMENT TERMS.
EXPLAN AND ANALYSE 3 WAYS N WHICH NEW LABOUR REFORMED THE UK CONSITUITON;
(1997-2010) ONE WAY NEW LABOUR REFORMED THE CONSTIUTION WAS WITH THE CONSTITUIONAL REFORM ACT (2005). THE CONSTIUTIONAL REFORM ACT CREATED THE SUPREME COURT WHICH BECAME THE HIGHEST COURT IN THE COUNTRY. THIS WAS SIGNIFICANT IN REFORMIG BRITAIN BECAUSE IT SEPERATED THE LEGISLATIVE AND JUDICIAL BRANCHES IT ALSO REFORMED THE ROLE OF CHANCELLOR DIVIIDNG THE POSITINS INTO THREE DIFFERENT BRANCHES (EXECUTIVE, LEGISLATIVE AND JUDICIAL). THIS CREATED AN EQUAL POWER BALANCE TOGETHER, RATHER THAN ONE PERSON HAVING ALL THE SAY. IT REFORMED THE PROCESS FOR SELECTING JUDGES THIS WAS SIGNIFICANT AS IT MADE THE PROCESS FOR SLECTING JUDGES AS IT MADE THE PROCESS MORE INDEPENDENT
Explain and analyse three different theories of representation (9).
One theory of representation is the Trustee model. This was proposed by Edward Burke. It said MPs are responsible for representing the interests of their constituents in parliament. Yet, once elected they are free to decide how to vote based on their own independent judgment of the merits on an issue ( they don’t need constituents approval). For example, Nick Boles was a Tory MP from Grantham and Stamford, he was a remainer in a leave constituency, he voted to remain, and therefore voted against his constituency and the tory party. He said he was putting the nation’s best interest before his parties. This theory is limited due to its strong elitist undercurrents, it is largely disliked due to the idea that MPs knew best because they had greater understanding of the affairs of the state. Another theory is the Mandate Theory. This theory is about MPs representing and carrying out party policies / manifesto pledges and not about that actual personality of the individual, after all it is the party that got them elected. For example, this is verified by Frank Field in Birkenhead – he was a long serving and highly respected MP but he stood as an Independent after leaving the Labour party in 2019 and lost to the very safe labour seat. Therefore the theory is borne out by many examples of MPs leaving a party mid term after gaining respect and then going onto lose. A rare exception, and rare case against the theory is that of Douglas Carswell moved to UKIP in 2014 and won his Clacton seat again, defeating the tories. This shows the theory does have its limits, although arguably, Carswell’s constituency were voting for the same policies ( a strong leave seat) rather than same personality to represent them in parliament. A final theory is the Delegate theory. This theory suggest that an individual is selected to act on behalf of others on the basis of clear instructions ( to delegate for their constituency). They should not depart from these instructions in order to follow their own judgement and preference (opposite to trustee theory). An example being that of Zac Goldsmith, he said he would resign from Regents Park Constituency if the government backed the third runway – he stuck to his word but lost the election. Another example is Stephen Loyd MP for Eastbourne. He said he would honour Brexit referendum because the nation and his constituency voted for it, therefore he broke his Liberal Democrat Whip. This theory is limited by the fact it is highly unlikely MPs will be able to reach a consensus among the whole constituency. It is difficult to work out what everyone wants. And, the theory even states that MPs are not expected to act as delegates; they are representatives who are free to exercise their own judgment on issues also.
Describe three ways of scrutinising parliament
One way is through PMQS these are held at noon on Wednesdays for half an hour it gives the opposition a chance to ask the Prime Minister and ministers unwelcome questions to expose weaknesses for example when Gordon Brown the then Prime Minister accidentally said ‘not only did we save the world’ instead of ‘not only did we save the banks’ they can also give positive publicity to opposition parties as when Tony Blair famously accused the then Prime Minister John Major of being ‘weak weak weak’ finally they keep the Prime Minister on their toes Tony Blair once recalled Prime Minister question times as being the most ‘nerve racking, discombobulating’ experience in his prime ministerial life however in some ways their efficacy is limited they can convey an image of theatricals and rowdiness former labour MP John Bercow claimed they are ‘an exchange of pointless and useless declamations’
Another way of scrutinising parliament is through parliamentary debates these are away for MP’s and peers to air their views about government actions and policies it is an opportunity for free expression of views and opinions about issues of the day they are televised to the public can watch and be informed this improves the access ability and transparency of parliament they are an opportunity to change how MP’s and peers might vote however most debates are a set piece occasions and MPs stay voting in party line instead they use the debate to impress their party leader to benefit their own career prospects
A final way of scrutinising parliament is through select committees these investigates and scrutinise actions of civil servants and ministers and each government department they are effective as less confrontational up then debates and Prime Minister question times in the main chamber debt reports are often hard hitting an influential for example in 2018 they recommended many measures to stop child obesity leading the government to ban sweets from supermarket checkouts they are often chaired by MP’s from the opposition party are not effective as the government has to respond in 60 days however this is limited as they have to respond but not enact consensus between parties is not always reached majority and minority along party lines
Explain and analyse three ways in which new labour reformed the UK constitution
ne way new labour reformed the constitution was with the constitutional Reform Act of 2005 the constitutional reform created the Supreme Court which became the highest court in the country. This was significant in reforming Britain because it separated the legislative and judicial branches it also reformed the role of chancellor dividing the positions into three different branches executive legislative and judicial this created an equal power balance and was significant as it meant three people had together rather than one person having the whole say filly it reformed the process for selecting judges this was significant as it made the process more independent this happened by inventing the additional appointment Commission for England and Wales for example positions were clear advertised and only the 1st candidate can be rejected.
Another New Labour reform was the Human Rights Act of 1990 this incorporated the right set out in European Court of human rights allowing them to uphold to be upheld in UK courts this was a significant change to the UK constitution as previously citizens found it too expensive to take their breach of rights to international court by applying these treaties treaties of ECHR it meant that citizens were better protected and their concerns were more easily heard on the other hand it was greatly criticised by the conservative party at increased the political role of the judiciary they this meant giving more power to the unelected which they argued weakened the constitution
The creation of Prime Minister question times reform the UK constitution Prime Minister question times are a weekly 30 minute session where MP’s from across the Commons can ask the PM questions which he is unaware of this created a constitutional change because it changes how we hold the PM to account for their actions the leader of the opposition will always ask 6 questions with the other questions coming from backbenchers this provides parliament with the opportunity to scrutinise the Prime Minister and the government on any topic of their leadership this allows the British people to hear from both parties on the weeks key issues however Prime Minister question times can be used by the governing party to promote their own agenda effectively filling the 30 minutes with easy questions overall Prime Minister question times have allowed for greater accountability of the Prime Minister and therefore has reformed the UK constitution
Describe recent developments since 1977
ne example is the Freedom of Information act of 2000 this act required public bodies bodies like the government and NHS to make publicly available certain information about their activities such as an annual report and minutes of meetings and allows members of the Public to request information this was significant as Freedom of Information requests were popular 45,000 such requests made in 2016 alone it allows the public and pressure groups to identify possible examples of waste and inefficiency or even corruption of the public bodies however its significance is limited as public bodies can and often do refuse requests for information for example for national security in 2016 37% of all requests were declined the act therefore leads to a conflict between an individual’s rights of privacy and the right of the public to gain access to information about public officials
The fixed term parliament act of 2011 is another example this weekend the power of the minister’s snap election parliament now needed a vote by 2/3 majority to call an early general election it was significant as it allowed the coalition government to work well in this table and effective manner in the full five year term the political stability in turn was seen as beneficial for economic growth and longer term policy making it also was Farrah on the junior member of the coalition brackets Lib Dems after 2010 general election however the act was only passed in the 1st place because of the political circumstances annex pendency not out of high principles it could also be argued that even failed in its political aim to protect the Lib Dems who lost a significant number of MP’s after the five year coalition
Finally the Human Rights Act of 1988 it’s if citizens feel like the state has breached their rights they can take it up with the ECHR this was significant as it made incorporated rights set out in the ECHR into UK law allowing them to be upheld in court however it was criticised by the conservative party as it increased the political role of the judiciary and it gave more power to the unelected they argued it weaken the constitution
Explain how the constitution has develope
firstly Magna Carta in 1215 guaranteed freedom of the church from royal interference it gave the right to fair trial and the king could not raise taxes without people’s consent it gave the right to due process in law and nobles could select the committee of 25 to scrutinise actions of the king 63 provisions in a legal document created by the Lords it was the first stepping stone for an uncodified government however it didn’t give many rights to ordinary people and it was reissued an partly altered in following decades but it was still seen as a landmark document in the development of human rights some of its clauses are in other key documents like the Universal Declaration of the human rights
Secondly the Bill of Rights in 1688 this said only parliament could pass an remove laws and only parliament could raise money for government expenditure people could complain to the monarch through parliament only parliament could raise a maintain an army in peacetime and the parliamentary privilege meant that everyone had the right to free speech in court the principle of free elections away from government influence was established so essentially it removed royal interference in elections manik couldn’t ignore parliament by not calling it and it formally established parliament sovereignity however the rights were vague and easily re interpretated and the precise definition of free an elections was unclear
Third para
EXPLAIN AND ANALYSE THREE FACTORS THAT COULD POTENTIALLY AFFECT TURNOUT
ONE FACTOR THTA COULD AFFECT TURNOUT IS COMPLUSLORY VOTING. MANY PEOPLE NOW HAVE PARTISIAN DEALIGNMENT AND FEEL NO AFFILATION TO ANY PARTY DUE TO ISSUES AND EVENTS LIKE THE 2009 EXPENSES SCANDAL, WHICH CAUSED GREAT DISALLUSIONMENT WITH POLITICANS. THEREFORE, BY MAKING VOTING COMPULSORY TURNOUT WOULD INCREASDE BY MAKING THOSE UNMOTIVATED TO VOTE FOR A PARTY MOTIVATED. (australia do this has one of highest voting turnouts in world )
ANOTHER FACTOR THAT COULD AFFECT TURNOUT IS ONLINE VOTING. IN SOME CASES, PEOPLE DON’T VOTE DUE TO LIMITED MOBILITY AND POLLING STATIONS NOT BEING ACCESIBLE FOR THEM. THEREFORE, ONLINE VOTING WOULD BE SIGNIFICANT TO INCREASING TURNOUT AS IT GIVES MORE PEOPLE A CHNACE TO. THIS WOULD BE VERY MODERN AND SUITED TO MODERN DAILY LIFE; ‘SLACKTIVISM’ DESCRIBES PEOPLES TENDENCY TO PARTICIPATE IN A SUPERFICIAL WAY BY ‘LIKING’ OR SHARING POLITICAL CONTENT ONLINE, JUST AS EASY TO VOTE.
A FINAL FACTOR COULD BE CHNAGING THE ELECTROAL SYSTEM TO THAT EVERYBODYS VOTES COUNT. FOR EXAMPLE A PROPORTIONAL SYSTEM.
Explain analyse three features of democracy 9 marks
ne feature of democracy is participation this is when people participate in politics through voting joining political parties or pressure groups or lobbying their elected representatives or government it is significant as it allows everyone to express their political opinions in a constructive way as their vote will be seen and heard another feature I have democracy is the rule of law this is the idea that laws apply equally to everyone and anyone who breaks a lot is punished this is significant as it shows no one is above the law and rule of law is one of AV divertices twin Pillars for a constitution another feature of democracy is elections people vote regulating elections there are many these may be to elect representatives representative democracy or directly decide on specific issues which is Direct democracy this is significant as people actively play a part in the government that’s built
First Pass the Post is not fit for purpose to what extent do you agree with the statement
Bullet point two out of the last four general elections 2010 and 2017 have not produced a clear winner with an overall majority
2010 led to a coalition government which took a week to agree
Wasted votes 2015 election youkip got 3.9 million votes only one seat
When is bonus and the 2019 election the Conservatives got 44% of the vote on 56% of the seats in 2015 the SNP got 50% of Scottish vote and 96% of Scottish sheets
2017 minority government under Theresa may
Turned out in 2001 was 59% which is improving but still below normal historic range is a participation crisis
Surplus about
Safe seats
Electoral deserts
Minority mandate
Elective dictatorship the First Pass the Post gives government large majority which means there are effectively unchecked like Margaret Thatcher and Tony blair
New electoral systems introduced since 1997 for dissolved institutions like the London Assembly and mayor please commissioners and European Parliament none of them used First Pass the post
Jenkins commission criteria included broad portionality and voted choice new life labour conference pledged to put electoral reform on their manifesto
Referendum endorsement of first past the post in 2011 not a fair test proportional system not one of the options and in many ways anticlag referendum
Arguments against the assertion May include
Tradition goes back to representation of the people act in 1919
Lack of perfect alternative
Majority mandates increasing 33% in 2010 49% in 2015
2011 AV VOTE indicated wish to keep first passed the post and very low to now 42% indicates apathy
Did deliver a single party majority in 2019
2015 did deliver the most social diverse Parliament in history
Simple today quick result and constituency link rough Justice tactical voting helps remove unpopular and fall failing governments like labour in 1979 conservatives in 1997 and labor into 2010
Does squeeze out extremists like the British National Party won two seats in in 2009 your opinion Parliament elections under the part list system but have never one seats in westminster
Works well in a two-party system returned to two particles in 2017 and 2019
It did meet two of the criteria of Jenkins commission constituency link and stable government
Synoptic links may be made in areas such as codified and uncodified constitutions federalism and Devolution and judiciaries any response that does not include synopic points cannot achieve above level 4 students would not need to cover each and every one of the above points to gain high marks equally some introduced further relevant points and these shall be credited credited the conclusion should clearly focus on the issue in the question in that evaluation it does not matter what view students reach however their position must be supported by arguments and exams