mocks yr13 paper 2 Flashcards

1
Q

name 3 functions of the constitution

A
  • establishes relationship between branches
  • establishes and limits government power
  • asserts rights of citizens and how they should be protected
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2
Q

name the 7 stages of the development of the constitution

A
  • 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
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3
Q

what are the 4 types of sovereignty?

A
  • legal sovereignty
  • political sovereignty
  • popular sovereignty
  • devolved sovereignty
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4
Q

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?

A
  • 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
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5
Q

how have constitutional reforms impacted these features?

A
  • 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
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6
Q

what are the 5 types of sources that make up the uncodified constitution?

A
  • statute law
  • conventions - not written but binding
  • authoritative works - guidance and clarity
  • common law
  • treaties - agreements with external bodies
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7
Q

list blair’s 5 constitutional reforms

A
  • devolution
  • HRA 1998
  • house of lords reform
  • freedom of information 2000
  • supreme court 2005
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8
Q

what was the devolution reform?

A
  • 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)
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9
Q

3 positives and negative impacts of devolution

A

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

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10
Q

what was the HRA 1998?

A
  • incorporated ECHR into UK law (constitution)
  • binding on all bodies but parliament
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11
Q

3 positives and negative impacts of HRA

A

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

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12
Q

what was the house of lords reform?

A
  • removed majority of hereditary peers from house of lords (93 left)
  • only life peers appointed by lords
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13
Q

3 positives and negative impacts of house of lords reform

A
  • 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
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14
Q

what was the freedom of information act 2000?

A
  • allowed public to request official info held by public bodies - except national security
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15
Q

3 positives and negative impacts of FOI act

A
  • 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’
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16
Q

what was the introduction of the supreme court?

A
  • 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
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17
Q

2 positives and negative impacts of the supreme court

A
  • 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
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18
Q

what was the fixed parliament act 2011?

A
  • 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
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19
Q

2 positives and negative impacts of the fixed parliament act (REMOVED)

A
  • 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
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20
Q

what further devolution took place?

A
  • 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)
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21
Q

what was the recall of mps act 2015?

A
  • 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
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22
Q

positives and negative impacts of the recall of mps act

A
  • 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)
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23
Q

what was english votes for english laws 2015?

A
  • 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
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24
Q

positives and negative impacts of evel

A
  • 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
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25
Q

what was the EU (withdrawal agreement) act 2020?

A
  • britain left the european union
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26
Q

3 positives and negative impacts of EU act 2020

A
  • 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
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27
Q

4 arguments about further reform

A

english parliament
english regional assemblies
replace HRA with british bill of rights
codified constitution

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28
Q

what are the 7 key features of the house of commons?

A

frontbenchers
backbenchers
select committees
legislative committees
party whips
the speaker

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29
Q

what are the 5 key features of the house of lords?

A

life peers
hereditary peers
lords spiritual
crossbench mps (no party affiliation)
lord speaker

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30
Q

what are the 7 stages of the legislative process?

A
  • 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
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31
Q

what are the 5 types of legislation?

A

public bills
primary legislation
secondary (delegated) legislation
private members bills
private bills

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32
Q

what is parliamentary privilege?

A
  • being able to say anything in parliament and not be punished
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33
Q

what are backbenchers and their functions?

A
  • legislation - priv members bills
  • debate
  • representation
  • scrutiny - can join select committee, threaten rebellion
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34
Q

how influential are backbenchers? 3 points each

A
  • 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
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35
Q

functions of house of commons

A
  • scrutiny
  • legislation
  • representation
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36
Q

powers of house of commons

A

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

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37
Q

what are peers and their functions?

A
  • representation
  • legislation
  • scrutiny
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38
Q

functions of house of lords

A
  • representation
  • legislation
  • scrutiny
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39
Q

powers of house of lords

A

delay
amendment recommendations
question ministers
debate

40
Q

what is the opposition?

A
  • party with second largest majority
41
Q

3 limitations of the lords

A

dont have financial priveldge
delay for up to 1 year
salisbury convention manifesto

42
Q

roles of the opposition

A
  • 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)
43
Q

4 types of parliamentary questions

A

pmqs
urgent questions
ministerial questions
written questions

44
Q

parliament’s effectiveness of the legislative function

A
  • quantity vs gov dominates
  • quality vs maj gov rish through process
  • checked vs amaendments can be defeated
45
Q

parliament’s effectiveness of the representative function

A
  • 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
46
Q

parliament’s effectiveness of the scrutiny function

A
  • 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
47
Q

what are select committees?

A
  • committees with specialised focus on policy area
  • government party has majority
  • recommendations - response within 2 months
48
Q

3 arguments for and against the effectiveness of select committees?

A

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

49
Q

what are public bill committees?

A
  • created temporarily to examine a bill and scrutinise
  • created after 2nd reading
  • often dominated by whips - lack of expertise (sarah wollaston 2011)
50
Q

example of 3 important select committees

A

public accounts committee
backbench business committee
liason committee

51
Q

3 arguments for and against electing members of house of lords

A
  • hereditary peers are undemocratic vs most have been taken out
  • democratic legitimacy vs balance currently, no party dominates
  • social diversity vs expertise
52
Q

what are the 5 key roles of the executive?

A
  • legislation
  • budget and finance
  • develop and make policy decisions
  • foreign policy
  • crisis
  • organise and manage state services
53
Q

what are the 4 main positions in executive?

A
  • pm (and advisors)
  • ministers (and junior ministers) - departments
  • cabinet members
  • senior civil servants
54
Q

what are the 4 main roles of the pm?

A
  • appoint cabinet and chair meetings
  • lead
  • chief policy maker
  • chief diplomat
55
Q

what is the cabinet?

A
  • selected individuals with specific roles - senior cabinet members
  • cabinet committees carry out detailed work
56
Q

what are the 3 main roles of the cabinet?

A
  • determining presentation of government policies
  • approving policy and settling disputes
  • determine reaction to crisis
57
Q

who are ministers?

A
  • secretary of state
  • minister of state (junior minister)
  • parliamentary under secretary of state
  • parliamentary private secretary
58
Q

what are the 4 main roles of ministers?

A
  • draft leg
  • speak in debates on leg
  • appear before select committees
59
Q

how does the executive propose legislation?

A
  • green paper - open to adjustments
  • white paper - to the house with details
60
Q

what is individual ministerial responsibility?

A
  • 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)
61
Q

limits to individual ministerial responsibility?

A

not taking responsibility of personal misconduct, policy failings, or department

62
Q

examples

A

2017 michael fallon
estelle morris - alevels in 2003
gavin williamson refused to take responsibility - alevel results algorithm in 2020

63
Q

what is collective ministerial responsibility and why is it important?

A
  • if a cabinet member disagrees publicly with legislation they resign
64
Q

limits to collective ministerial responsibility?

A

ministers disagree but dont resign

65
Q

example

A

robin cook - blair foreign sec
resigned over opposition to iraq war

66
Q

give 3 reasons for the breakdown of collective ministerial responsibility

A
  • divisions over issues - cameron brexit
  • referendums
  • personality clashes
67
Q

5 sources of the pm’s power

A

patronage
royal prerogative
parliamentary majority
party support
personal mandate

68
Q

power of patronage

A

the ability to hire and fire members of party/cabinet

69
Q

examples of pms who were able to claim personal mandate or not

A

claim
- blair - wide support and majority
not claim
- rishi and gordon succeeded leader without general election

70
Q

features of cabinet government

A
  • cabinet is regularly consulted
  • cabinet cooperates on policy
  • pm is leader but not dominant
71
Q

features of prime ministerial government

A
  • pm is domineering in cabinet
  • pm uses media to send messages out - not parliament or cabinet
  • cabinet packed with pms supporters
72
Q

3 features promoting the importance of the cabinet

A
  • dealing with crisis
  • policy formulation
  • settling disputes
73
Q

3 circumstances affecting the power of the cabinet

A
  • size of majority
  • characters within cabinet
  • issues
74
Q

3 features of a presidential government

A
  • leader cant be summoned through legislature - media holds to account
  • hears advice but can ignore cabinet
  • directly elected + separate mandate to those in legislature
75
Q

thatcher government

A

strengths:
- success in falkland war
- strong image
- majorities
weaknesses:
- poll tax
- poor image among working class

76
Q

blair government

A

strengths:
- good image - fresh
- liked by both working and middle class
- majorities
weaknesses:
- invasion of iraq
- opposition from brown

77
Q

what are the 4 main roles of the judiciary?

A
  • law - interpret, establish case law, declare common law
  • dispense justice
  • public enquiries
  • judicial review
78
Q

what is the supreme court?

A
  • highest court in land
  • only parliament can overturn decisions
79
Q

what are the 4 main roles of the supreme court?

A
  • hear cases of public importance
  • decide whether devolved judiciaries acted within powers
  • hear cases of constitutional importance
80
Q

what is the principle of judicial neutrality?

A
  • judges must not be biased
  • cannot show partisanship publicly
  • all judgements based on principle of law
81
Q

what is the principle of judicial independence?

A
  • judges cannot be influenced by other branches
  • enforce rule of law without external pressures
  • check on executive
82
Q

how is judicial independence upheld?

A
  • appointed by independent commission
  • incomes cant be threatened
  • judge for life - cant be dismissed if disagree with decision
83
Q

arguments for and against that supreme court is independent and neutral

A

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

84
Q

arguments for and against that supreme court protects rights

A

for
- incompatibility statements
- FOI cases
- enforces rule of law
against
- incompatibility statements not binding
- gov limit FOI
- act of parliament can overturn rights

85
Q

methods of supreme court ‘sovereignty’

A
  • ECHR
  • pressure to amend
  • impose common law - rights of citizens
  • ultra vires
86
Q

judiciary / executive conflicts

A
  • freedom of info
  • freedom of expression
  • judicial review
  • rights
87
Q

arguments for and against that supreme court is too powerful

A

for
- too much influence over public policy and domocratic process
- conflict through active court
against
- passive body
- politicans undermine independence

88
Q

3 ways parliament can control the executive and examples

A
  • veto gov legisaltion - may brexit deal in 2019 with 230 defeat
  • commons can amend legislation - backbenchers and lords reccomend
  • backbench rebellions
89
Q

3 ways the executive can control parliament and examples

A
  • majority exercise power
  • patronage = loyalty
  • lords can delay but not veto leg
90
Q

3 factors displaying the changing relationship between the executive and parliament

A
  • type of government
  • issue
  • authority of pm
91
Q

4 main features of the EU

A
  • social charter
  • free single market
  • most monetary union
  • customs union - no tariffs
92
Q

what was the factortame case?

A

eu laws on fishing rights took priority over uk laws that banned foreign vessels in uk waters

93
Q

political impact of brexit

A
  • 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
94
Q

constitutional impact of leaving the EU

A
  • 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
95
Q

3 arguments for and against the view that parliament is still sovereign

A

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