Politics MEC UK Government Constitution Flashcards
Magna Carta
1215
barons on King John
distinguished monarchy and tyranny
Glorious Revolution
1688
Monarchs William and Mary agreed to be a constitutional monarchy, accepting parliaments restraints
Bill of Rights
1689
frequent parliaments, establishing the start of parliamentary sovereignty
UK constitution is a
PUUF
PUUF
Parliamentary
Uncodified
Unitary
Flexible- Unentrenched
unitary meaning
Power is centralised and given out under one body – Parliament
Parliamentary advantages
Effective government…
* helps make the government stronger
* Due to uncodified nature, statute laws cannot be struck down with government support as it is sovereign
* Meaning, government can be strong and decisive
parliamentary disadvantages
Elective dictatorship…
- Once elected, UK governments can act however they please until re-election due to the sovereignty of parliament, which is controlled by the government of the day
- Due to this concentration of power, the government can re-shape the constitution, creating the impression that the constitution does not exist
Government can easily control parliament with effective whipping and a big majority
parliamentary examples
pros-
- Attlee’s government 1945-51, who set up the NHS and nationalisation
- Thatcher’s government that established privatisation of many industries
cons-
Starmers huge majority with only 34% of vote
currently 26 government whips
uncodified advantages
Flexible…
* Easy to change- all that is needed to change is statue or common law, much easier than a US amendment, as it is not entrenched
* Remains relevant and up to date- adapt easily
uncodified disadvantages
Uncertain…
* It is difficult to know what the constitution says
* Constitutions are more helpful when they are clear
The rules are not clear, especially unwritten ones like conventions, with statue, common laws and authoritative works being scattered in different sources
uncodified examples
pros- devolution in reaction to nationalism in Scotland and Wales
cons- Salisbury convention, Royal prerogative
unitary advantages
Democratic…
* Uncodified- supreme constitutional authority is with the house of commons
* So it emphasises the democratic nature of parliamentary sovereignty
unitary disadvantages
Centralised…
* Over-centralised system
* Government power must be limited in a liberal system of government
* However, our constitution stresses the importance of one over-arching power too much
* Ineffective checks and balances
unitary examples
pros- checks and balances made better by FOI act under Blair
cons- Parliaments Act reduced the power of the House of Lords so they are even less restricted
flexible/unentrenched advantages
History and tradition…
* Has evolved with time, meaning old-fashioned ideas do not become entrenched
* Codified systems codify rights relevant to the time
The British constitution’s flexible nature means that it is given an ‘organic’ character- conservatives tend to think this
flexible/unentrenched disadvantages
Weak protection of rights…
* There is nothing except desire for re-election that prevents a government from violating civil rights and liberties
flexible/unentrenched examples
- pro- leaving EU-The European Union Act 2020 after 1972 European Comunities Act
- con- The Human Rights Act of 1998 improved rights protection, but it did not become an entrenched because provisions can be set aside by parliament, e.g. terrorism legislation
statute law definition and example
laws decided and approved by parliament
most important source
Scotland Act 1998, establishing the Scottish Parliament
common law definition and example
- legal system in England that has developed over time from court decisions, rather than laws made by politicians.
- R v R 1991 case- modern marriages equals
conventions definition and example
unwritten understanding about how something should be done
- Royal Prerogative being used by the PM
- salisbury
- resign if lie to parliament
- debate before war
authoritative works definition and example
books written by constitutional experts explaining how a political system is run
not binding
Walter Bagehot’s - The English Constitution from 1867
B and B Labour 1997 to 2010 devolution pros
- governments closer to their citizens
- more accountable
- more relevant
-much more regionally sensitive - Scotland- almost always supported to be given more responsibilities by Scots
B and B Labour 1997 to 2010 devolution cons
- threatens stability of the UK
-SNP maj. 2016, 2014 Indy Rev - regional unfairness
- West-Lothian Q, EVEL failure
- subordinate devolved bodies
B and B Labour 1997 to 2010 electoral reform pros
-AMS in Scotland and Wales gives smaller parties 1st seats- John Mason Ind. 2024
- STV power-sharing NI- DUP deputy, Sinn Fein 1st
- successful to make it more proportional
B and B Labour 1997 to 2010 electoral reform cons
- disappointing participation- 55% Scotland 2016
- not in Westminster
B and B Labour 1997 to 2010 referendums pros
- representative democracy
- more legitimacy
- sometimes high participation- 72% Brexit
B and B Labour 1997 to 2010 referendums cons
- undermine Parliamentary Sovereignty- Brexit Cameron
- divisions in society- Scottish Indy Rev
- issues too complex for a public vote
B and B Labour 1997 to 2010 HRA 1998 pros
- citizens now have a clear list- culture of rights- example of USA, pleading the 5th
- clear power of executive
- increased role of judiciary- more restriction on parliament
B and B Labour 1997 to 2010 HRA 1998 cons
- can be abused- suspected terrorists Abu Hamza delayed deportation
- judges unelected so less democratic
- not entrenched so can be abolished- Cameron only stopped by coalition, 2019 manifesto wanted to change
- judges can only ‘declare incompatible’ Rwanda’
- Prevention of Terrorism Act- weak
B and B Labour 1997 to 2010 FOI pros
- right to know
- files from any agency
- more transparency, less disruption- stop and search FOI by Liberty in 2010 for police
B and B Labour 1997 to 2010 FOI cons
- 2008 expenses scandal- reduced trust, Blair claimed £116 to pay for his TV licence
- ability to reject foi requests, £450, vexatious
B and B Labour 1997 to 2010 HOL reform pros
- free of electoral limits- experts can be from any party, 26 bishops, 184 crossbenchers
- more asserted
- prevents gridlock as not unelected, 800 unelected
B and B Labour 1997 to 2010 HOL reform cons
- 800, too big
- 90 hereditaries
- appointed- more power to PM, 87 appointed by Johnson
B and B Labour 1997 to 2010 judicial reform pros
- more willing to check on executive- Court of Appeal 2023 Rwanda,
2019 Supreme Court Johnson prorogue Parliament unlawful - better social representation- JAC
B and B Labour 1997 to 2010 judicial reform cons
- no powers to restrict the government
- just moved, not powerful enough- Lord Chancellor made into Justice secretary
- Most Justices of the Supreme Court have been privately educated and attended Oxford or Cambridge
Coalition 2010-2015 reform fixed term parliaments pros
- no longer MP manipulative election dates
- summer, poor/ strong candidates
Coalition 2010-2015 reform fixed term parliaments cons
- 5 years too long, zombie parliament
- 2015
- 2017 snap election, 2019 election- does not limit PM power
Coalition 2010-2015 reform Wright reforms pros
- select committees revitalised- 2018 universal credit, info on waiting times
- e-petitions process huge success- 2019 fracking CPRE, over 200,000 sig.
- chairs paid additional salary
Coalition 2010-2015 reform Wright reforms cons
- backbenchers do not compel gov. to act
- e-pets just debated by BBBC
Coalition 2010-2015 reform PCCs pros
- democratic- stop and search still not been higher than 2012
Coalition 2010-2015 reform PCC cons
- 15% turnout
- re election prioritised, not policing
Coalition 2010-2015 reform Recall of MPs pros
- conv. offence
- barred from HOC
- false/misleading information
- Chris Davies, fake expenses, 2019, Brecon and Radnorshire
Coalition 2010-2015 reform Recall pros MPs cons
- petitions triggered by MPs not public
-can be unsuccessful- North Antrim Ian Paisley 2018, not enough signatures- 10%
Conservative 2015-2024 metro mayors pros
- rep. to English regions- W-L less bad
- 12 currently
- ## Andy Burnham Bee transport network 2 pounds
Conservative 2015-2024 metro mayors cons
- around 40% 2024 lONDON, failed referendum in the North East in 2004
- English parliament needed
- Issues with lobbying against the government Sadiq Khan, ‘London is open’
Conservative 2015-2024 EVEL pros
- deals w W-L Q
- differentiates certain areas- ‘London is open’
- 83% want to give them more power
Conservative 2015-2024 EVEL cons
- unnecessarily complex- 8 additional legislation steps, deciding is EVEL applies to Bill
- 2 classes of MP- claims 2nd class by SNP
Conservative 2015-2024 Brexit pros
- jan 2020
- democratic
Conservative 2015-2024 Brexit cons
- referendum doubt - Cameron thought lose- overrides parliament
- bad education- lie on bus
NI devolution facts
- 1998
- suspended 6 times
- Good Friday/Belfast Agreement
NI devolution pros
- peace mainly successful
- benefitted union
NI devolution cons
- unstable- only period of extended devolved government was 2007-17- suspended 6 times
- not brought together- politics wrought 93% of children in partisan schools
Scotland devolution facts
1998
- Primary legislative powers
-1997 72% yes
Scotland devolution pros
- more appropriate- after 2014, Sturgeon put more emphasis on gender equality and childcare- baby boxes, Focus on university- 2015 Widening Access
- good for Union- failed indy rev 2014
Scotland devolution cons
- risk to the union, Scotland overwhelmingly voted to remain 62%, SNP
- SNP decline has damaged trust
- Sturgeon resigned and arrested party funding- husband party chairman investigated for irregularity- damaged trust in politics
Wales devolution facts
1997
- Secondary legislative powers- gained primary in a referendum in 2011
- Less powerful as they cannot impact Some welfare powers and Crown Estate
Wales devolution pros
- began legislation later put elsewhere- Trialled key policies - Organ donation opt out and plastic bag charge
- political engagement- 2011 Second Ref showed an increase in support- 64%
Wales devolution cons
- people don’t care- 50% yes in 1997
- new M4 corridor by Newport put off for over 20 years- not prioritised
Aims of new Labour reforms
democratisation
modernisation
protection of rights
decentralisation
Parliament effectiveness legislation pros
- FPTP so strong government
- Lords is more defiant since 1999 reform- 69 defeats from 2017-2019 by the Lords
Private Members Bills facts
- 1/4 bills reached 2nd reading 2010-24 PMBs
- top 20 MPs drawn in a lottery for PMBs
- Assisted dying 2024- huge publicity
legislation cons
- PMBs
- Lords not strong enough- Johnson 2020 overturned his defeat by the Lords as he had a majority in commons
- whips too involved in pre-leg scrutiny and PBCs- 2013 Dr Sarah Wollaston- kept off the Committee on the Health and Social Care Bill
- Blair didn’t lose a vote in the commons from 1997 to 2005
Parliament effectiveness representation pros
- Most diverse parliament ever in 2019
- LGBTQ+ 64 MPs
- 14% HOC POC
- HOL experts- make up for representation in commons- 26 bishops
Parliament effectiveness representation cons
- gender- 41% female
- unelected and hereditary peers
- 1/3 went to an elite Russel Group
- FPTP to unproportional- 3% SNP 9 seats
Parliament effectiveness scrutiny pros
- 184 of Lords are cross benchers- less powerful whipping
- 2017-19 69 lords defeats
Select Committees
- Dr Sarah Wollaston- MPs chose to elect her Chair of the Health Select Committee in 2014
- 2019 Jeremy Hunt became chair of health committee and as former health secretary- significant charity
- Impactful- 30-40% taken onboard from select committees
Parliament effectiveness scrutiny cons
- HOL can only delay for 1 year
- PMQs- Badenoch’s question about McVitie’s factories had-hob nobs and ginger nuts
- Cameron Zingers
