Retake revision Flashcards
What is an uncodified constitution
Not written down in one place
What is an unentrenched constitution
Nothing to protect it from being changed
What is a unitary constitution
The power is held in one place
What is a flexible constitution
Easy to change
What is an example of the constitution being flexible?
- Covid restrictions
- Firearms Act 1997
What is a parliamentary statute?
An act of Parliament (law)
What are conventions?
Unwritten traditions
Name an example of a treaty
- When part of the EU, the UK became subject to the body of the European Laws and treaties
- Other treaties with international bodies
What is common law?
Unwritten laws established through the courts over a long period of time
What are historic documents / authoritative works?
Works of legal authority, which act as guides to the operation of the constitution
What and when was the Scotland Act?
1998: Decentralised power from parliament in London to Scottish Parliament
How many Scottish voted for devolution, and what was the turnout?
74% voted
60% turnout
What powers do Scotland have thanks to devolution?
- Education
- Roads and public transport
- Policing
- To make criminal and civil law
- Power over local authority services
- Power to vary the rate of income tax up or down by 10p to the £
- Widened areas where scottish parliament can pass laws
- Regulating energy industry in Scotland
- Range of welfare services
- Half of the receipts from VAT collected in Scotland
- Some business tax
- Air passenger duty + control over its revenue
What laws did Scotland pass as a result of devolution?
- First place in the UK to ban smoking in public spaces
- Scotland’s freedom of info act 2002
- Scotland didn’t introduce tuition fees for its residents
- In 2016, the Scottish government ended the right of council tenants to purchase houses they lived in.
Scottish laws which differ to England
- You need to let someone use your toilet if they knock on your door
- Arson doesn’t exist. It’s called “wilful fire raising”
- Manslaughter doesn’t exist. It’s called “culpable homicide”
What kind of devolution was Wales given and why?
Secondary devolution, because only 50% of the population voted.
What does Northern Ireland have control over?
- The passage of laws not reserved to Westminster
- Education administration
- Healthcare
- Transport
- Policing
- Agriculture
- Sponsorship of arts
Name a consequence of devolution in Scotland
Party domination (SNP) leading to power over legislation
What is a backbencher?
MPs who are not part of the government or shadow cabinet.
What is a front bencher?
Someone in the government or shadow cabinet.
How long is a parliamentary session?
Spring to spring, 1 year long, with 5 in total
Does the UK have fusion or separation of powers?
Fusion of powers
What did the Parliament Act 1911 do?
Limited the Lords veto powers, allowing them to only delay primary legislation by 2 years.
What did the Parliament Act 1949 do?
Limited the Lords veto powers, allowing them to only delay primary legislation by 1 years.
What was the Salisbury convention
Constitutional convention whereby Lords cannot oppose a second or third reading of a governments manifesto promise
What was the Life Peers Act of 1958?
Increased the ability of MPs to change the Lords make up. Also allowed women to be appointed and decreased the power of the monarch to appoint.
What did the House of Lords Act 1999 do?
Decreased the number of hereditary peers to 92.
What is the Sewel convention?
Government must ask before taking back powers from devolved nations.
What are the functions of the commons?
- Legitimisation
- Legislation
- Scrutiny of legislation
- Constituency reputation
- Holding government to account
- National debates
- Representation of interests
What are the functions of the Lords?
- Delaying
- Scrutiny of legislation
- National debate
- Scrutiny of secondary legislation
What is primary legislation?
Important laws that need parliamentary approvalW
What is secondary legislation?
More minor or specialised legislation that comes under existing legislation (also called statutory instruments)
What committee scrutinises the Prime Minister and how many times a year does it meet?
Liaison committee - 3 times a year
Who makes up the executive?
- Prime Minister
- Cabinet
- Treasury
- Departments
What is the SEWELL convention?
Parliament must ask before taking devolved powers
How many people are in the cabinet?
20-25 people
Who can be found in the cabinet?
Health secretary, Foreign secretary, chief whip, prime minister
What is it called when there is no majority party?
A hung parliament
What is collective ministerial responsibility?
government ministers must resign if they disagree with government policy
What is individual ministerial responsibility?
Ministers are accountable for their whole department, and if someone makes an error they must resign. - Changed to apologise by Johnson in May 2022