GOVP2 - Constitution Flashcards
Example of judge-led inquiry
Hutton inquiry on Iraq, which ended up becoming political as little blame on Blair, more on BBC for ‘sexing-up’ the whole event
Why has the role of courts increased (obscure reasons)?
More complexity in government leads to more conflict, more emphasis on civil rights and rule of law, lack of desire by politicians to tackle sensitive issues like abortion
Why do the Supreme Court no longer receive outside political pressure?
The Lord Chancellor role has been limited, and the Law Lords are no longer parts of the executive
How are Supreme Court’s neutrality assured?
JAC choosing judges, fixed salary not approval of Parliament, no debate or criticism in Parliament of judicial verdicts
Which law created the Supreme Court?
Constitutional Reform Act 2005
Why does the JAC get it’s way?
There are restrictions on the Lord Chancellor’s ability to reject judicial nominations, and for SC only 1 name should be received
How many members of the SC are there and how many are females?
12, 2, though Baroness Hale is the President
Why has the Supreme Court been criticised in it’s make-up?
They are all old, Oxbridge products who are not in touch with the rest of the population and can’t work with issues of human rights and civil liberties
What did Lord Donaldson have to ask in the 1980s, showing the age of the Law Lords?
What is snogging?
Which law secures judges’ tenures?
1701 Act of Settlement
How often are judges dismissed?
No SC or equivalent since before the 20th century, one lower judge in 1983 for whisky smuggling
Which rules bind judges to silence?
Kilmuir Guidelines, 1955 Lord Chancellor, no judicial debate on public policy
Which areas for instance have led to more judicial activism?
Cases on governmental secrecy, Brexit, industrial relations, political protest and race relations
How have the Kilmuir Guidelines changed?
They have allowed interviews with judges, and some senior judges have commented on public policy in recent years
Example of politics in the judiciary
Solicitor-General aiding Blair in making sure Iraq was legal under ministerial guidelines
Why should judges not seem political?
It ruins the idea of their impartiality
Why has the trade union movement been critical of the judiciary?
In the 80s union funds were removed in sequestration cases such as SOGAT 82, as well as 1997 Griffiths attack on the innate conservativism of judges due to their class (unsympathetic to strikers or minorities)
Number of judicial review cases in 1981 and 1996
500 up to 4,000
Example of Major dispute with judiciary
Michael Howard decision to ban Rev. Moon from coming to UK overturned by judges
Example of upholding of HRA and judicial activism
2002 decision to overturn parts of Nationality, Immigration and Asylum Act
Example of anti-racism of Law Lords
2004 Prague Airport case where attempts to stop Roma population reaching UK to claim asylum were criticised
Name of conservative reaction to judicial activism
Judicial restraint, judges should apply laws no matter the policy implications or the judges views
Why did centralisation under Thatcher lead to more judicial activism?
Labour councils wished to protect their rights and uphold them in court
Why did the 90s become more of a nightmare for the Tories than the 80s had been?
Court of Human Rights in Strasbourg started to overturn politicians decisions
What was prior to the Human Rights Act of 1998?
The European Convention which upheld some rights from 1965 for UK citizens
How long does it take to reach Strasbourg courts and how much does it cost on average?
5-6 years, £30,000
Example of rights won by individuals under HRA
Prisoner rights to a lawyer and to write to their MP
What can a judge do to work against a statue law?
Make a declaration of incompatibility about it allowing Parliament the ability to quickly change it
When did the HRA come into effect?
October 2000
How has the HRA aided the judges in decision making?
Instead of having to spend ages focussing on many laws, all the relevant laws are codified
Example of failure of HRA
Schoolboy arsonist allowed back into classroom due to infringement of right to education otherwise and 2013 case on prisoner voting declined, even though EU had complained on blanket ban
Who put forward the idea of a separation of powers?
Baron de Montesquieu
Who put forward the idea of Parliamentary Sovereignty and rule of law?
A V Dicey
Who saw that the fusion of powers was key for British governmental success?
Walter Bagehot
How have changes in the UK constitution been described by Hanson and Walles?
New wine in old bottles
What was the Bill of Rights of 1689 and what did it build upon?
A set of positive freedoms put forward after the Glorious Revolution, built up the Magna Carta
Who wrote The English Constitution and when?
Bagehot in 1867
What did Bagehot say made the fusion of powers and Parliamentary system so successful?
The ability to combine gradualism and quick adaption
Which law created the Welsh Assembly?
Wales Act 1998
Which royal prerogative power is held by the Lord Chancellor?
Ability to exercise mercy (though used to be Home Secretary until Blair 2005 changes)
Which book, written by who, sets out the customs and laws of Parliament?
Erskine May’s Treatise on the Law, Privileges, Proceedings and Usage of Parliament (1844)
2 examples of Common Law affecting the constitution
2002 Lindsay case (changes to HR Revenues and Customs policy on seizing goods) and Belmarsh case 2004 (holding terrorists indefinitely)
2 examples of conventions ministers are under
Collective and individual cabinet responsibility
Which legal case made it clear EU law held primacy over UK law?
Factortame case (on a fishing dispute) 1989/1990
Why did constitutional change rear it’s head in the 70s?
Scottish/Welsh/Irish nationalism as well as economic downturn - maybe constitution was root of problem, also changes with joining EC in 1973
Why are quangos unpopular and how many were there in Autumn 2007?
Too many (883), expensive, secret and unaccountable
Why were the 80s times of interest in constitutional change?
One-party nature of Tories seen as weakening civil rights, Cabinet and civil service, and replacing them with unaccountable quangos
Which law revolutionized the judiciary under Blair?
2005 Constitutional Reform Act
Why is party discipline seen as a fault in the constitution?
It removes much ability of Parliament to by an executive watchdog
How was Blair’s leadership style seen as bad for the constitution?
It centralized too much power to No.10
Example in recent years of when a codified constitution could have been useful
2010 Hung Parliament, role of the monarch in such situations
Example of PM power over constitution
Blair unilaterally changing PMQs to one session
Reason why codified constitutions aren’t all great with liberties
Zimbabwe? USA under Jim Crow laws?
