paper 2 cramming Flashcards
name 3 functions of the constitution
- establishes relationship between branches
- establishes and limits government power
- asserts rights of citizens and how they should be protected
name the 7 stages of the development of the constitution
- magna carta 1215
- bill of rights 1689
- act of settlement 1701
- act of union 1707
- parliament acts 1911 and 1949
- european communities act 1972
- EU act 2020
what are the 4 types of sovereignty?
- legal sovereignty
- political sovereignty
- popular sovereignty
- devolved sovereignty
what is the rule of law?
what is a unitary constitution?
what does the fusion of powers mean?
what does parliamentary sovereignty mean?
what does it mean that the constitution is unentrenched?
- everyone is obligated to follow the law
- power is central to one location (westminister)
- government made up of members either in HOC or HOL
- parliament is the supreme decision making body
- not set in stone - flexible and able to amend through an act of parliament
how have constitutional reforms impacted these features?
- uncodified = brexit removes important source of law
- unentrenched = scottish parliament safe from abolition due to high support for devolution (semi-entrenched)
- parliamentary sovereignty = referendums make pop sovereignty clash with par sovereignty
- unitary = quasi-federal due to devolution - different laws in different areas
- fusion of powers = greater separation due to SC
what are the 5 types of sources that make up the uncodified constitution?
- statute law
- conventions - not written but binding
- authoritative works - guidance and clarity
- common law
- treaties - agreements with external bodies
list blair’s 5 constitutional reforms
- devolution
- HRA 1998
- house of lords reform
- freedom of information 2000
- supreme court 2005
what was the devolution reform?
- transfer of powers to different regions in the uk (decentralisation)
- asymmetric powers
- each have assembly (parliament in scotland and wales) and executive
- devolution can be suspended (NI 7 times)
3 positives and negative impacts of devolution
positives vs negatives
- makes gov more region sensitive VS regional unfairness
- power sharing in NI reduced secretarian violence VS west lothian Q - should non english mps be voting on english only laws?
- electoral systems more proportional in devolved areas VS power sharing = less stability
what was the HRA 1998?
- incorporated ECHR into UK law (constitution)
- binding on all bodies but parliament
3 positives and negative impacts of HRA
positive vs negative
- affordable access to justice - dont have to travel to european court of human rights VS given unelected judges too much power over gov
- balance between par sov and holding parliament to high standard VS lack of entrenchment
- limits power of executive (incompatibility) VS parliament can ignore incompatibility statements
what was the house of lords reform?
- removed majority of hereditary peers from house of lords (93 left)
- only life peers appointed by lords
3 positives and negative impacts of house of lords reform
- undemocratic element removed VS should eventually lead to fully elected chamber - hasnt happened
- future conservatives scrutinised more thoroughly VS lords can only delay non money bills for a year and cant block manifesto
- independent body approving appointments (House of Lords Appointments Commission) VS PMs can reward supporters via peerages
what was the freedom of information act 2000?
- allowed public to request official info held by public bodies - except national security
3 positives and negative impacts of FOI act
- transparency - more opportunities for scrutiny VS hasnt prevented cover ups - info leaked informally
- brought uk in line with other western democracies VS weaker than other laws - exemptions of certain info
- allowed education to how government works and for interactions happen VS gov can limit further - not royal correspondence after ‘black spider memos’
what was the introduction of the supreme court?
- CRA 2005 - open SC in 2009
- replaced lords role as judiciary - increasing separation of powers
- transferred 12 most senior judges
replaced lord chancellor with lord chief justice
2 positives and negative impacts of the supreme court
- independence to challenge government VS not much power as can only interpret laws and parliament gives power
- senior judges appointed by JAC, reduce political interference and no bias VS narrow social backgrounds; position used to enter political arena - miller cases
what was the fixed parliament act 2011?
- general election every 5 years unless general consensus to call it earlier (2/3 maj or lose vote of no confidence)
- dates out of pms control
2 positives and negative impacts of the fixed parliament act (REMOVED)
- power out of pms control - cant call snap election VS force an unpopular gov for 5 years (can be changed anyways)
- greater political stability VS not prevented snap elections (eg. 2019) - capitalise off of popularity in polls
what further devolution took place?
- scotland act 2016 - increased devolved powers (welfare provision and set rate of income tax) - dev permanent unless voted against in referendum
- wales act 2014 - power to raise new forms of tax
- wales act 2017 - decide own electoral system but not for general elections
- 6 england cities and regions elected mayors to decide on transport, planning, housing etc (such as greater manchester combined authority)
what was the recall of mps act 2015?
- allowed mps to be held to account and punished if they are found guilty of misconduct
- if 10% of constituents sign recall petition, a by-election is called to find replacement
positives and negative impacts of the recall of mps act
- punishes innappropriate actions whilst being hard to remove VS doesn’t guarantee they will be punished if petition doesnt get enough signs (eg. Ian Paisley Jr)
- act is used appropriately and as intended (eg. fiona onasanya for a criminal conviction) VS can till stand in by-election (eg. chris davies after falsifying expenses claims)
what was english votes for english laws 2015?
- scottish, northern irish, welsh mps cant vote on laws only impacting england
- west lothian question
- jan 2016 - scottish mps barred from voting on the housing bill
positives and negative impacts of evel
- ensures representation in westminster and tackles west lothian question VS all mps can vote in final reading + increased gov dominance as conservatives had majority from 2015 to 2019 elections
what was the EU (withdrawal agreement) act 2020?
- britain left the european union
3 positives and negative impacts of EU act 2020
- law respected results of the referendum vs divisive issue
- issue of disrupted trade of NI and republic addressed (NI using EU rules on goods) VS different trading arrangements in the UK - no NI mp voted for law
- transition period allowed preparation VS put off difficult decisions regarding future relationship
4 arguments about further reform
english parliament
english regional assemblies
replace HRA with british bill of rights
codified constitution
what are the 7 key features of the house of commons?
frontbenchers
backbenchers
select committees
legislative committees
party whips
the speaker
what are the 5 key features of the house of lords?
life peers
hereditary peers
lords spiritual
crossbench mps (no party affiliation)
lord speaker
what are the 7 stages of the legislative process?
- first reading - no debate or vote
- second reading - debate and vote
- committee stage
- report stage
- third reading
- sent to other house (ping pong)
- royal assent
what are the 5 types of legislation?
public bills
primary legislation
secondary (delegated) legislation
private members bills
private bills
what is parliamentary privilege?
- being able to say anything in parliament and not be punished
what are backbenchers and their functions?
- legislation - priv members bills
- debate
- representation
- scrutiny - can join select committee, threaten rebellion
how influential are backbenchers? 3 points each
- more inclined to defy the whip VS rare, threatens promotion
- BBC has allowed issues to be raised VS debates in westminister hall - not the same status
- more influence in hung parliaments vs less influence in majority
functions of house of commons
- scrutiny
- legislation
- representation
powers of house of commons
approve/reject legislation
- vote of no confidence
- order ministers to floor to answer questions - select committee or in writing
- amend legislation
- debate on important issues
what are peers and their functions?
- representation
- legislation
- scrutiny
functions of house of lords
- representation
- legislation
- scrutiny
powers of house of lords
delay
amendment recommendations
question ministers
debate
what is the opposition?
- party with second largest majority
3 limitations of the lords
dont have financial priveldge
delay for up to 1 year
salisbury convention manifesto
roles of the opposition
- force gov to justify and explain
- shortcomings of the government
- present alternative
- preparing to be alternative gov if gen elec
- setting agenda for supply days (20/yr)
4 types of parliamentary questions
pmqs
urgent questions
ministerial questions
written questions
parliament’s effectiveness of the legislative function
- quantity vs gov dominates
- quality vs maj gov rish through process
- checked vs amaendments can be defeated
parliament’s effectiveness of the representative function
- voting can show issue opinion vs fptp is unfair and lords are unelected
- multiparty vs whips and 2019 no independents
- stand up for constituencies vs most mps vote with party
parliament’s effectiveness of the scrutiny function
- accountability vs punch and judy politics
- lords decrease in conservatives vs ping pong questioned when majority support
- minority parties hard to find support vs maj tends to limit scrutiny
what are select committees?
- committees with specialised focus on policy area
- government party has majority
- recommendations - response within 2 months
3 arguments for and against the effectiveness of select committees?
for
- taken seriously - 40% reccs are accepted
- beckbench concern - freedom from gov
- can summon witnesses for evidence
against
- can only make recommendations
- powers to compel witnesses are limited
- governing party has maj seats
what are public bill committees?
- created temporarily to examine a bill and scrutinise
- created after 2nd reading
- often dominated by whips - lack of expertise (sarah wollaston 2011)
example of 3 important select committees
public accounts committee
backbench business committee
liason committee
3 arguments for and against electing members of house of lords
- hereditary peers are undemocratic vs most have been taken out
- democratic legitimacy vs balance currently, no party dominates
- social diversity vs expertise
what are the 5 key roles of the executive?
- legislation
- budget and finance
- develop and make policy decisions
- foreign policy
- crisis
- organise and manage state services
what are the 4 main positions in executive?
- pm (and advisors)
- ministers (and junior ministers) - departments
- cabinet members
- senior civil servants
what are the 4 main roles of the pm?
- appoint cabinet and chair meetings
- lead
- chief policy maker
- chief diplomat
what is the cabinet?
- selected individuals with specific roles - senior cabinet members
- cabinet committees carry out detailed work
what are the 3 main roles of the cabinet?
- determining presentation of government policies
- approving policy and settling disputes
- determine reaction to crisis
who are ministers?
- secretary of state
- minister of state (junior minister)
- parliamentary under secretary of state
- parliamentary private secretary
what are the 4 main roles of ministers?
- draft leg
- speak in debates on leg
- appear before select committees
how does the executive propose legislation?
- green paper - open to adjustments
- white paper - to the house with details
what is individual ministerial responsibility?
- when a cabinet member acts with misconduct they are expected to resign
- even just based on association (estelle morris - alevels in 2003)
- pm can dismiss them (2017 michael fallon)
limits to individual ministerial responsibility?
not taking responsibility of personal misconduct, policy failings, or department
examples
2017 michael fallon
estelle morris - alevels in 2003
gavin williamson refused to take responsibility - alevel results algorithm in 2020
what is collective ministerial responsibility and why is it important?
- if a cabinet member disagrees publicly with legislation they resign
limits to collective ministerial responsibility?
ministers disagree but dont resign
example
robin cook - blair foreign sec
resigned over opposition to iraq war
give 3 reasons for the breakdown of collective ministerial responsibility
- divisions over issues - cameron brexit
- referendums
- personality clashes
5 sources of the pm’s power
patronage
royal prerogative
parliamentary majority
party support
personal mandate
power of patronage
the ability to hire and fire members of party/cabinet
examples of pms who were able to claim personal mandate or not
claim
- blair - wide support and majority
not claim
- rishi and gordon succeeded leader without general election
features of cabinet government
- cabinet is regularly consulted
- cabinet cooperates on policy
- pm is leader but not dominant
features of prime ministerial government
- pm is domineering in cabinet
- pm uses media to send messages out - not parliament or cabinet
- cabinet packed with pms supporters
3 features promoting the importance of the cabinet
- dealing with crisis
- policy formulation
- settling disputes
3 circumstances affecting the power of the cabinet
- size of majority
- characters within cabinet
- issues
3 features of a presidential government
- leader cant be summoned through legislature - media holds to account
- hears advice but can ignore cabinet
- directly elected + separate mandate to those in legislature
thatcher government
strengths:
- success in falkland war
- strong image
- majorities
weaknesses:
- poll tax
- poor image among working class
blair government
strengths:
- good image - fresh
- liked by both working and middle class
- majorities
weaknesses:
- invasion of iraq
- opposition from brown
what are the 4 main roles of the judiciary?
- law - interpret, establish case law, declare common law
- dispense justice
- public enquiries
- judicial review
what is the supreme court?
- highest court in land
- only parliament can overturn decisions
what are the 4 main roles of the supreme court?
- hear cases of public importance
- decide whether devolved judiciaries acted within powers
- hear cases of constitutional importance
what is the principle of judicial neutrality?
- judges must not be biased
- cannot show partisanship publicly
- all judgements based on principle of law
what is the principle of judicial independence?
- judges cannot be influenced by other branches
- enforce rule of law without external pressures
- check on executive
how is judicial independence upheld?
- appointed by independent commission
- incomes cant be threatened
- judge for life - cant be dismissed if disagree with decision
arguments for and against that supreme court is independent and neutral
for
- all have experience so are familiar with neutrality
- independent appointment process JAC
- cases have demonstrated willingness to take on gov
against
- media openly question decisions
- social diversity - unconscious bias
- parliament can limit powers - review set out in 2019 con manifesto
arguments for and against that supreme court protects rights
for
- incompatibility statements
- FOI cases
- enforces rule of law
against
- incompatibility statements not binding
- gov limit FOI
- act of parliament can overturn rights
methods of supreme court ‘sovereignty’
- ECHR
- pressure to amend
- impose common law - rights of citizens
- ultra vires
judiciary / executive conflicts
- freedom of info
- freedom of expression
- judicial review
- rights
arguments for and against that supreme court is too powerful
for
- too much influence over public policy and domocratic process
- conflict through active court
against
- passive body
- politicans undermine independence
3 ways parliament can control the executive and examples
- veto gov legisaltion - may brexit deal in 2019 with 230 defeat
- commons can amend legislation - backbenchers and lords reccomend
- backbench rebellions
3 ways the executive can control parliament and examples
- majority exercise power
- patronage = loyalty
- lords can delay but not veto leg
3 factors displaying the changing relationship between the executive and parliament
- type of government
- issue
- authority of pm
4 main features of the EU
- social charter
- free single market
- most monetary union
- customs union - no tariffs
what was the factortame case?
eu laws on fishing rights took priority over uk laws that banned foreign vessels in uk waters
political impact of brexit
- 2 pms resigned over issue
- divisions over type of brexit
- 51.9 voted for and 48.1 voted against
- new trade agreements - different for NI
constitutional impact of leaving the EU
- european court of justice no longer has jurisdiction - highest court of appeal on eu matters in SC
- divide with scotland
- NI has separate trade agreement with eu to avoid customs check with republic
- decisions on wheether current eu laws should be permanently transferred or scrapped
3 arguments for and against the view that parliament is still sovereign
for
- brexit - par has full legal sovereignty (factortame)
- sovereignty over devolved bodies
- parliamentary sovereignty
against
- political sovereignty - public determine the power
- devolution shifted sovereignty to public bodies
- executive sovereignty
