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A Level Politics > P2 T1: The Constitution > Flashcards

P2 T1: The Constitution Flashcards

1
Q

1.1 Define constitution

A

Set of political principles by which a state is governed, especially in relation to the rights of the people it governs

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2
Q

1.1 Define codified constitution, give three features

A

When a constitution is written down in a single document

Features:
- Authoritative - stands above statute law
- Entrenched
- Judiciable - an issue can be decided by a court of law

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3
Q

1.1 Define entrenched

A

Firmly established and difficult to change

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4
Q

1.1 Define uncodified constitution, give three features

A

Constitution is from a variety of sources without a single document

Features:
- Not authoritative - constitutional laws equal to statute laws
- Not entrenched - can be changed by passing a statute law
- Not judiciable - judges can’t declare laws as unconstitutional

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5
Q

1.1 Define parliamentary sovereignty

A

Parliament is supreme legal authority and can create/amend any law without being overruled by courts

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6
Q

1.1 Define unitary constitution, give its features

A

Constitution that concentrates power in a single body

Features:
- Supremacy of central govt. over local bodies
- Central govt. can abolish devolved govts.

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7
Q

1.1 Define federal constitution, give its features

A

Constitution based on principal of shared sovereignty between national & regional govts.

Features:
- Divide powers between two levels
- Regional govt. has power that can’t be encroached upon

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8
Q

1.1 Define Quasi-Federal

A

Division of powers between central & regional govts. but not formally - some features of federalism without its formal structure

e.g. parliament has power to abolish devolved govts. overnight

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9
Q

1.1 Give the key milestones in the development of the UK’s constitution over time

A

1215 - Magna Carta
1689 - Bill of Rights
1701 - Act of Settlement
1707 - Acts of Union
1911 & 1949 - Parliament Acts
1972 - European Communities Act
1997-2001 - New Labour reforms
2018 - EU Withdrawal Act

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10
Q

1.1 How did the Magna Carta (1215) contribute to the UK’s constitution?

A
  • Established idea of no imprisonment without trial
  • Restricted ability of the monarch to tax without consent
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11
Q

1.1 How did the Bill of Rights (1689) contribute to the UK’s constitution?

A
  • Established frequent parliament & elections
  • No right of taxation without Parliament’s agreement
  • Right to petitions
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12
Q

1.1 How did the Act of Settlement (1701) contribute to the UK’s constitution?

A
  • Settled succession to English & Irish thrones
  • Disqualified Roman Catholics from inheriting the throne (reversed in 2011)
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13
Q

1.1 How did the Parliament Acts (1911/49) contribute to the UK’s constitution?

A
  • Consigned HoL to a subordinate role - can only delay a non-money bill for no more than two sessions (down to one in 1949)
  • Money bills became law one month after leaving HoC w/o need for Lords’ approval
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14
Q

1.1 How did the European Communities Act (1972) contribute to the UK’s constitution?

A
  • Established UK’s membership of European Community
  • EC/EU law became a source of the constitution
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15
Q

1.1 How did the New Labour reforms (1997-2001) contribute to the UK’s constitution?

A
  • Introduced Human Rights Act (1998)
  • Devolution to Scotland, Wales, & NI (1998)
  • Established Greater London Authority (1999)
  • Reduced hereditary peers (2000)
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16
Q

1.1 How did the EU Withdrawal Act (2018) contribute to the UK’s constitution?

A
  • Repealed the 1972 European Communities Act
  • Legally enforced Brexit
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17
Q

1.1 What are the three issues to answer this question: Does the UK constitution do its job?

A
  • Sources of the constitution
  • Principles of the constitution
  • Strengths & weaknesses of the UK’s constitution
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18
Q

1.1 What are the four important sources of the UK’s constitution? Give info about them

A

Statute Law - law made by parliament, not all are of constitutional significance, e.g. Scotland Act ‘98, HRA ‘98, Fixed term Parliaments Act 2011

Common Law - legal system has developed over time, ‘judge-made laws’, judgements made on cases & similar actions are taken in future cases

Conventions - Unwritten traditions, e.g. a govt. resigning when they lose an election

Works of constitutional authority - Authoritative works written by constitutional experts explaining the political system, not legally binding

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19
Q

1.1 Define common law

A

Legal system that has developed over time from old customs & court decisions, rather than politicians

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20
Q

1.1 What are the four most important principles in the UK constitution?

A

Parliamentary sovereignty, constitutional monarchy, rule of law, parliamentary government

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21
Q

1.1 Why is parliamentary sovereignty a key principle in the UK constitution? Why are there issues to do with the EU surrounding parliamentary sovereignty?

A

It has the ability to alter or create any law it wishes

There is an argument that the EU undermines parliamentary sovereignty because it takes away power from the UK’s govt. as it has to submit to international law. However, this argument is not valid as the UK used its parliamentary sovereignty to sign up to the EU in the first place.

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22
Q

1.1 Why is constitutional monarchy a key principle in the UK constitution?

A

The monarch serves as a symbol of unity above party politics, however they have little power because there would be a revolution

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23
Q

1.1 Why is rule of law a key principle in the UK constitution?

A

In absence of higher law, govt. is still subject to legal constraints, the govt. is not above the law

24
Q

1.1 Why is parliamentary government a key principle in the UK constitution?

A

Fusion of legislative & executive branches, with the leader of the largest party becoming the PM

25
1.1 KTD: Is the UK constitution fit for purpose? Give the arguments FOR
FOR: - Flexibility - easy to change as not entrenched, statue law is easier to implement than amending a constitution, constitution remains relevant & up to date - Democratic rule - authority lies in elected HoC therefore all changes are democratic, Powers of HoL reduced in Parliament Acts - History & tradition - old ideas are not entrenched within the constitution, codified systems codify old ideas, 'organic character' of the constitution as it changes over time - Effective govt. - strong & decisive action, e.g. Atlee/Thatcher
26
1.1 KTD: Is the UK constitution fit for purpose? Give the arguments AGAINST
AGAINST: - Uncertainty - difficult to interpret constitution, flexibility is bad, need to be clear & rigid to tell govts. their boundaries, confusion surrounds constitutional roles (esp. conventions) - Centralisation - ineffective checks against govt., liberal democracies have limited govt. power, UK has overly powerful executive - Weak protection of rights - organic nature so people's rights can easily be infringed - Elective dictatorship - govt. can do what they like until next election, govt. can reshape constitution how they wish, effectively this means the UK has no constitution
27
1.2 When considering how constitutional reforms under Blair & Brown (1997-2010) have improved the political system, give the positives and negatives of Devolution. Have these reforms gone far enough?
+ves - Devolved bodies put power closer to the people, decisions more region sensitive -ves - Threatened stability of the UK - SNP won a majority in Scot. Parl. 2016 which encouraged a 2nd ref. after Brexit ref. Far enough? - Scotland reps. can vote on English problems but not vice versa, devolved bodies can be abolished
28
1.2 When considering how constitutional reforms under Blair & Brown (1997-2010) have improved the political system, give the positives and negatives of electoral reform. Have these reforms gone far enough?
+ves - successful to increase proportionality, AMS in S+W has given smaller parties/inds a chance -ves - PR has not increased turnout, top-up element creates tension between constituency members & list members Far enough? - No PR in Westminster elections
29
1.2 When considering how constitutional reforms under Blair & Brown (1997-2010) have improved the political system, give the positives and negatives of referendums. Have these reforms gone far enough?
+ves - rep. democracy supplemented by direct democracy, legitimacy to major changes -ves - undermines parliamentary sovereignty, divisions in society e.g. Scot ref., some decisions too complicated for the public Far enough? - Refs. can only be called by parliament, not the people
30
1.2 When considering how constitutional reforms under Blair & Brown (1997-2010) have improved the political system, give the positives and negatives of HRA 1998. Have these reforms gone far enough?
+ves - citizens aware of rights, stops executive abusing power, judiciaries can declare laws incompatible -ves - created a more litigious culture, gives rights to 'wrong' people e.g. terrorists Far enough? - HRA not entrenched, judges cannot prevent legislation - only declare it incompatible
31
1.2 When considering how constitutional reforms under Blair & Brown (1997-2010) have improved the political system, give the positives and negatives of House of Lords reform. Have these reforms gone far enough?
+ves - Free of electoral limits, can be more representative of parliament -ves - removal of hereditary peers has not reduced size of HoL, mainly appointed Lords give more power to PM Far enough? - Still unelected, elected Lords could prevent 'elective dictatorships'
32
1.2 When considering how constitutional reforms under the Coalition (2010-15) have improved the political system, give the features, positives, and negatives of Fixed-term Parliaments. Have these reforms gone far enough?
- Ensured parliaments can last a max. of 5 years +ves - PM cannot choose a GE date for personal gain -ves - 5 years too long - 'zombie parliament' Far enough? - 2017 'snap' election & 2019 election showed PM's power is not sufficiently limited
33
1.2 When considering how constitutional reforms under the Coalition (2010-15) have improved the political system, give the features, of further Welsh & Scottish devolution.
- 2011 Coalition increased power for the Welsh Assembly following 63% 'yes' in ref., primary law making powers, eventually tax raising powers in 2014 - 2012 - Scottish Parliament received more powers - similar to Wales (above)
34
1.2 When considering how constitutional reforms under the Coalition (2010-15) have improved the political system, give the features, positives, and negatives of the Recall of MPs. Have these reforms gone far enough?
- 2015 Recall of MPs Act - process where MPs can lose their seats if: convicted & sentenced, barred from HoC for 10 sitting days/14 calendar days, or if convicted of providing misinformation in HoC +ves - Ensures MPs aware of obligations -ves - Recall can be manipulated for party ends Far enough? - Genuine recall would be started by the electorate, recall in UK can only occur if MPs give permission
35
1.2 When considering how constitutional reforms under the Conservatives (2015-24) have improved the political system, give the features, positives, and negatives of the Metro Mayors.
- Mayors in Greater Manchester, Liverpool, and Sheffield, for example +ves - One person is responsible so can plan strategically, also seeks representation for regions -ves - Elected on a low turnout (roughly 20%), an English Parliament is the best way to give representation to areas of England
36
1.2 When considering how constitutional reforms under the Conservatives (2015-24) have improved the political system, give the features of Brexit. What questions did it raise?
- Formally left 1st Jan. 2020, EU law no longer took precedence over UK law Brought up Qs: - Should refs. be used for major constitutional changes? - Do PMs have the right to opt out of treaties? - Should Supreme Court involve itself in highly political affairs?
37
1.2 When considering how constitutional reforms under the Conservatives (2015-24) have improved the political system, give the features of the Fixed Term Parliament Act repeal.
Parliament repealed it in March 2022 - Cons. said it led to instability and Lab. claimed it 'propped up weak governments' in their manifesto
38
1.2 KTD: Should the UK constitution be codified? Give the arguments FOR
FOR: - Clear rules - in a single document, less confusion - Limited govt. - Solution to elective dictatorships by ending parliamentary sovereignty, prevent interference by current govt. - Neutral interpretation - would be 'policed' by senior judges - Protecting rights - would define relationship between state and citizens, rights protected - Education - highlights values of political system - clearer sense of political identity in increasingly multicultural society
39
1.2 KTD: Should the UK constitution be codified? Give the arguments AGAINST
AGAINST: - Rigidity - Higher laws harder to change than statute - become outdated - Unnecessary - Not most effective way of limiting govt. - strengthening checks & improving democracy better - Judicial tyranny - Judges unelected & unrepresentative - interpretations reflect preferences of senior judges - Legalistic - codify values important at the time, if const. allows change then no better than uncodified - Political bias - Enforce a set of values so inevitably biased - instead of educating they reinforce a prejudice
40
1.3 Define sovereignty
The principle of absolute and unlimited power, implying supreme legal authority or unchallengeable political power
41
1.3 What is the difference between administrative devolution and legislative devolution?
Administrative - regional institutions implement policies decided elsewhere, e.g. Secretary of State for Scot/Wales/NI Legislative - Elected regional assemblies, primary law making powers, e.g. Scot. Parl., Welsh Assembly, NI Assembly
42
1.3 What types of power do devolved bodies have? Which types of power are reserved only for Westminster?
Devolved bodies: agriculture, education, tax raising (only a little, not in NI) Reserved to Westminster: Foreign affairs, defence, immigration
43
1.3 Define asymmetrical devolution, give an example
Devolution operates differently in different regions, e.g. Wales had less power than Scotland when they got devolved bodies, Welsh thought this unfair, however the Welsh were less enthusiastic and their ref. about devolution was closer
44
1.3 Define primary legislative power
Ability to make law on matters devolved from Westminster
45
1.3 Summarise the 2014 Scottish Referendum, give its significance, and answer the question of whether another referendum is likely?
Events: - Sep. 2014, SNP & Greens vs. everyone else, 55% No, 85% turnout, 16s & 17s voted Significance: - Cameron PM & all English party leaders actively campaigned 'No' - 'Yes' vote would have been politically, constitutionally, & economically catastrophic Likely again? - 2015 election showed Scots. not done with ref., however feeling was not one for 20 years - Brexit reopened issue as Scotland voted 62% remain (hypocritical as DC said in 2014 that a 'No' vote would remove them from EU) - 2024 election destroyed SNP - put issue to bed
46
1.3 Summarise the key events of Devolution in Wales
1998: Govt. of Wales Act - Welsh Parliament was established 2006: Govt. of Wales Act - Primary legislative powers 2014: Wales Act - More powers, e.g. tax varying 2017: Wales Act - New tax varying powers +- 10p, Welsh Parliament established as permanent (cannot be abolished w/o ref.)
47
1.3 Define a reserved power model (Welsh Senedd)
Senedd can make laws on matters that are not reserved to Westminster (e.g. defence, immigration, foreign affairs are reserved)
48
1.3 Define secondary legislative power
Ability to vary some laws passed by Parliament, creating dependency on Westminster legislation
49
1.3 Define Unionist and Nationalist (Northern Ireland)
Unionist - those who want to remain a part of the UK (mostly protestant) Nationalist - those who want NI to be independent from UK & join Rep. of Ireland (mostly Catholic)
50
1.3 What are the the three categories for the powers of the Northern Ireland Assembly?
- Transferred - issues on which the assembly has full legislative powers - Reserved - can be transferred with cross-community consent - Excepted - cannot be transferred w/o primary legislaton from Westminster
51
1.3 Summarise the key events of Devolution in Northern Ireland
1993-94: IRA & loyalists announce a ceasefire 1998: NIA established because of GFA - required to have nationalists & unionists in govt. 2002-07: NIA suspended due to disagreements 2007: DUP's Ian Paisley & SF's Martin McGuiness became 1st & deputy First Minster (worked well together despite differences) 2017: DUP enters into a deal with the Cons. party
52
1.3 Outline some policies introduced by Scotland, Wales, and Northern Ireland's devolved institutions
Scotland: Abolition of tuition fees (2008), voting age to 16 for Scot. Parl., free prescriptions (2011) Wales: voting age to 16 for Welsh Parl., Free prescriptions (2007) NI: More restrictions on smoking laws (2006), Free prescriptions (2010)
53
1.3 Why is devolution in England different to the other nations of the UK?
There is no English assembly, instead it is more focused on directly elected metro mayors
54
1.3 Summarise devolution in England from 1997-2017
1997: Ref. on Mayor of London & Assembly approved 2012: Coalition offered 12 cities via ref., only three cities voted yes (Bristol, Liverpool, Leicester) 2017: Metro mayors elected in major cities, e.g. Birmingham, Manchester, Newcastle
55
1.3 Give the reasons why Covid was significant for devolution
Significance: - Health is a devolved issue so Scot., Wales, NI responsible for own restrictions - Brought effects of devolution to light - Highlighted dispersed power more than ever (Devolved bodies had different restrictions in place depending on their situation) - Sturgeon handled it better than Johnson - Scotland given economic support by Westminster - reminded Scots of harsh economic reality of independence - Andy Burnham, mayor of Greater Manchester, challenged 'Tier Three' designation w/o adequate financial support
56
1.4 KTD: Has devolution been a success? Give the arguments FOR
FOR: - Brought democracy closer to the people - policy differences specific to regions, e.g. local services - Devolved assemblies popular - no major parties oppose them, after 16/17 legislation Scot. & Wales cannot be abolished w/o ref. - Peaceful env. in NI secured for 20yrs - Metro mayors allowed better regional identity - 17m people represented, strategic decisions for whole cities - Welsh interest in devolution has increased, only 25% voted in favour in 1997 but has been a great success (e.g. now called Welsh Parl.)
57
1.4 KTD: Has devolution been a success? Give the arguments AGAINST
AGAINST: - Increased desire for Scottish indep. - exacerbated by Brexit ref. - Asymmetric devolution - differing powers is confusing, imbalanced, uncertain - NI govt. suspended and run from Westminster before - 2002-07 unionists withdrew from executive due to allegations of info sharing from SF to IRA - Metro mayor turnout is low (29% avg.) - England has been short-changed - 83% of UK's pop., EVEL is still unsatisfactory

A Level Politics (7 decks)

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