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gov pol > nature + source of the uk constituion > Flashcards

nature + source of the uk constituion Flashcards

1
Q

4 essential components to the british constitution

A

unitary, uncodified, parliamentary sovereignty, rule of law

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2
Q

what is rule of law

A

no one is above the law not parliament nor the monarch

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3
Q

what does uncodifed mean?

A

The British constitution is found in various places in multiple forms and evolves in line with changing social attitudes

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4
Q

what does unitary mean?

A

Most of its power is centralised in west minister

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5
Q

5 historical sources of the british constitution

A

the royal prerogative, statute law, common law, works of authority and conventions

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6
Q

What is the royal prerogative and an example

A

(highly significant) It enables ministers the approach the monarch and seek approval EG in 2019 boris johnson approached the Queen to suspend/prorogue parliament for longer than the 5 week norm.

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7
Q

What is statue law and a relevant example

A

An act of parliament (statute) is a law made by parliament, it starts as a bill and is passed by both houses to then be given royal ascent. EG representation of peoples Act of 1969 that lowered the voting age from 21 to 18

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8
Q

What is common law and a relevant example

A

Case/precedent law that has been developed by judges and courts, it will have been stated in individual trials and then has precedent on future cases. Applies to the population equally but statutes can be made like EG granting the disabled rights to the preferential parking space

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9
Q

what are conventions and a relevant example

A

They are unwritten rules or procedures that are generally agreed too, an understanding of how something should be done, a courtesy EG the monarch appoints the PM that will most likely be able to command the confidence of parliament.

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10
Q

When was a convention last defied by a monarch and why is it important today?

A

In 1707 when queen anne refused to sign the scottish militia bill making the most important convention being that the monarch must give royal assent to every bill passed

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11
Q

What is a work of authority?

A

a collection of books that have been unofficially agreed as an authority what is and how the constitution works

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12
Q

what are the 3 works of authority?

A

1867 walter bagenots the english constitution
1844 ershine mays parliaments practice
2010 cabinet manual

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13
Q

what was the aim of walter bagenots 1867 the english constitution

A

To distinguish between dignified and efficient aspects of the constitution, making the monarch the dignified due to its limited role and parliament efficient due to its larger role

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14
Q

What is ershine mays 1844 parliamentary practice and how is it used today

A

Seen as the bible of procedure and is often referred to by Lindsay hoyle the speaker to determine how to proceed EG John Bercow the old speaker stopped Theresa may in 2019 bringing back her Brexit withdrawal deal to be debated for a third time citing a 1604 convention

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15
Q

What is the 2010 cabinet manual

A

A document published. y the cabinet office outline rules and procedures for the operation of parliament. It indented to act as a clarifying device to formerly unwritten constitutional conventions

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16
Q

Why is the 2010 cabinet manual critiqued famously who by

A

In 2011 Gus o’donnell argued ‘it is not a constitutional innovation’ as it merely put into place what had previously been set out

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17
Q

what are the 5/6 historical milestones in the development of the constitution

A

1215 magna carta
1689 bill of rights
1701 act of settlement
parliament acts 1911 and 1949
the European communities act 1972

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18
Q

why was the magna carta written

A

it was written as a result of the political crisis following king john being accused of having too much power, barons were sick of paying for his wars

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19
Q

what is the purpose of the magna carta

A

it represents the first formal limitations on the monarchs power, placing them under the rule of law

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20
Q

what is the purpose of the 1689 bill of rights

A

the initial main purpose was to declare various practices of jamesIII as illegal seeking to eliminate royal inter fence in parliamentary matters

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21
Q

how did the 1689 bill of rights aim to reduce the monarchs power

A

reduced royal interference in parliamentary matters, making all elections free with members having freedom of speech and voting by establishing parliamentary prominence over the monarch

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22
Q

why was the 1701 act of settlement created

A

designed to secure the protestant succesion of the throne and strengthen the guarantee of a parliamentary system of government

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23
Q

what does the 1701 act of settlement outline and an example

A

it lays down the conditions to which the crown could be held (church of england) and further restricted the powers and prerogatives of the crown EG parliamentary consent must be given to go to war, it established judicial independence

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24
Q

What is the 1911 parliament act

A

It prevented the house of lords from outright blocking a bill making it so they could only veto it for two years also reducing the lifespan of a parliament from 7 years to 5

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25
Q

why was the 1911 parliament act introduced

A

David lloyd George’s “people’s budget” of 1909 was blocked

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26
Q

what is the 1949 parliament act

A

Meant the house of lords could veto a bill for only 1 year

27
Q

What is the 1972 european communities act

A

An act that meant that all British legislation must be inline with international EU laws and legislation

28
Q

4 reasons why the british constitution should be codified

A

clarity
removes vagueness
limits governments
protects human rights

29
Q

4 reasons why the british constitution should stay uncodifed

A

flexible
evolution not revolution
no demand
gives judges too much power

30
Q

how should the magna carta be viewed favourably?

A

it limits the power of an overreaching monarch
it sets out principles of equal access and equality
has had a major impact on future peace treaties and human rights acts

31
Q

how should the magna carta be viewed unfavourably?

A

Specific to its period, it intended to be a peace treaty but was unsuccessful in that as ten weeks later pope innocent III nullified the agreement plunging england into internal war.
the rights were for rich landowners or barons , common people were not included
the right to justice remains but overall only four clauses do remain

32
Q

how is the act of settlement viewed favourably?

A

protestant line of succession secured, this brought an end to over a hundred years of turmoil between protestant and roman catholic monarchs to an end
a clear bloodline was agreed

33
Q

how should act of settlement be viewed unfavourably?

A

undemocratic, anti catholic discriminatory
placed first born women behind second born males

34
Q

how are the parliament acts of 1911 and 1949 viewed favourably?

A

stopped unelected lords from overthrowing acts that had been set out in manifestos
prevented lords from preventing ‘the peoples budget’ that outlined unprecedented taxes on la downers and businessmen

35
Q

how should the bill of rights be viewed favourably?

A

less interference from monarchs and more power to parliament
freedom of speech within parliament
no taxation without parliament approval

36
Q

how should the bill of rights be viewed unfavourably?

A

parliament was in the power of the privileged, therefore power remained in the hands of the privileged
no freedom of speech outside parliament
the common people were still not included in any rights and would still be taxed by the privileged

37
Q

what were 3 recent constitutional developments and who were they brought in by

A

house of lords act 1999 blair
constitutional reform act 2005 blair
house of lords act 2014 blair

38
Q

what was the one recent failed constitutional development and who attempted to implement it

A

house of lords reform 2012, cameron

39
Q

what was the house of lords act 1999

A

removed all but 92 hereditary peers and created life peers

40
Q

what is the constitutional reform act 2005

A

removed the law lords from the house of lords and created the supreme court at middlesex guildhall establishing a separation of powers between the executive and the judiciary

41
Q

what was the house of lords act 2012

A

a failed act that was blocked by 91 tories that proposed 80% of lords be elected

42
Q

what was the house of lords act 2014

A

an act that meant lords/ladies could retire

43
Q

how successful were the house of lords reforms? (sc example and both sides)

A

the removal of the law lords created a separation of powers that allowed the government to be scrutinised by an outside separate body, successful when it stopped the 9 week prorogation of parliament by johnson in 2019 that would’ve prevented debate/voting on Brexit (g miller vs ), but it can be seen as a threat to parliamentary sovereignty as johnson was well within his prerogative powers to do so

44
Q

how successful were the house of lords reforms? (hol’s with example)

A

made the house smaller, more diverse, less conservative heavy with 261 tories in 2023 and had made it easier to remove lords as previously you could only remove them through the 1917 titles deprivation act that was implemented to remove ‘enemies’ during WW1 so wasn’t relevant anymore but now the 2014 hol reform act meant they can be removed for ‘gross misconduct’

45
Q

what is devolution

A

the transfer or delegation of power from a central body to a lower level with a smaller juradisction

46
Q

what are the two acts regarding devolution

A

scotland and wales act 1997
scotland, wales, northern ireland, wales act 1998

47
Q

what was the scotland and wales at 1997?

A

allowed for a referendum to be help over the creation of devolved assembles, both voted yes

48
Q

what was the scotland, wales, northern ireland act 1998?

A

subsequent of the 1997 referendum, set up elected devolved assemblies, created the scottish parliament

49
Q

what was the main recent human rights act?

A

the 1998 human rights act

50
Q

what did the 1998 human rights act do?

A

it encorporated the echr into uk law, guarentting the fundamental human rights
into law

51
Q

why was the echr created

A

in the wake of the holocaust to protect the people from the state, churchill was crucial in the drafting of this document

52
Q

why was the human rights act 1998 so important

A

despite signing the bill in 1951 it took until 1966 for individuals to petition to take their case the the ecthr a lengthy and costly process but the 1988 encorporation into uk law meant it could be heard in a uk court

53
Q

what are three other hr acts?

A

freedom of information act 2019; access to info held by public bodies
data protection act 2018;meant more stringent rules were put in place on handling and storing personal data
equality act 2010- brought together 116 separate measures to combat discrimination

54
Q

4 impacts of the hra

A

-public authorities must uphold human rights
- the courts must interpret legislation in line with human rights
-the government must assess whether legislation is in line with human rights
- the courts may review previous or potential parliament acts
- all individuals living under the uk government’s jurisdiction may claim breaches of their human rights (including immigrants)

55
Q

what are the 2 constitutional law ‘issues’?

A

-the echr takes precedent over uk law because of section 2 of the hra , some believe the uk should be in charge of themselves
-gives the judiciary too much power, implicit appeal gives judges the right to interpret the law how they wish, declaration of incompatibility pressurises the government and often forces the rejection of bills

56
Q

what rights issue does the hra/echr propose?

A

human rights inflation, they have gone from preventing world wars to a personal gain ‘suing’ issue

57
Q

examples of 4 individual rights

A

the right to privacy
the right not to be discriminated against
right to freedom of speech
right of employees to not be cooerced or intimated by others into taking industrial action

58
Q

4examples of collective rights

A

-right of religious groups to express and live their beliefs
-right of free press to investigate and run stories that they believe are in public interest
-right of groups to not be subject to hate speech
people who are suspected of terrorism or other violent crimes may have their phones tapped

59
Q

what is the example for individual rights being violated

A

a gay couple were denied a room at a bnb in 2006 by the christian owner who said it went against her convictions to have two men sleep in the same bed

60
Q

why were their rights violated

A

it is illegal to discriminate against sexuality under the equality act of 2006, and the owners directly discriminated against them

61
Q

what is the example for individual rights not being violated

A

a bakery in belfast owned by an evangelical family refused to bake a cake with bert and ernie on it because of what the symbol represented

62
Q

why did the bakery win their case on individual rights

A

because they objected to what the symbol represents and says going against their personal principles not because of the cause

63
Q

what are the three sections of recent constitutional developments

A

devolution, human rights reforms and modernisation

gov pol (5 decks)

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