mocks yr13 paper 2 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