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politics paper 2 > summarised basics > Flashcards

summarised basics Flashcards

1
Q

what are the two fixed principles of the uk constitution

A

rule of law
parliamentary sovereignty

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2
Q

Magna Carta 1215

A

Established a legal limit to absolute monarchy

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3
Q

Bill of Rights 1689

A

Established the basis for the modern constitution
RoL, parliamentary privilege, parliamentary sovereignty, regular and free elections

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4
Q

1701 act of settlement

A

established parliamentary sovereignty

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5
Q

1707 act of union

A

Scotland joined uk constitution

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6
Q

Parliament Acts of 1911 and 1949

A

removed power from the House of Lords to veto legislation

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7
Q

Parliament Act 1999

A

removed hereditary peers

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8
Q

Define unentrenched

A

can be changed

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9
Q

define unitary

A

power centrally controlled

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10
Q

what are then five sources of the uk constitution with e.g.s

A

statue law - HRA
common law
conventions - CMR, Salisbury convention
works of authority
treaties - Rwanda bill rejected by HoL due to Eu treaties

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11
Q

What were the reforms Blair introduced in 1997-2010 (6) and what did he aim to do

A

he aimed to create more decentralisation, democratisation, transparency, protection of rights

devolution, London assembly and mayor, established the judicial appointments committee, constitutional reform act 2005, removed hereditary peers, HRA

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12
Q

What were the constitutional reforms/developments between 2010-2015 (6)

A

fixed term parliament act 2011
electoral reform referendum - AV
the wright reforms - greater power to backbenchers and increased importance of select committees
power to recall mps
further devolution
elected police and crime commissioners

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13
Q

What were the constitutional reforms/developments 2015+ (4)

A

greater English devolution - metro mayors
EVEL 2015, repealed in 2021
Brexit - Eu retained Law Act
Fixed Term Parliament Act removed as it was pointless in 2017 and 2019

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14
Q

Impact of constitutional reforms (2)

A
  • increased independence to Scotland and Wales - Wales introduce plastic bag charges 2011, Scotland no uni fees
  • recall of mps act has been effective
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15
Q

4 issues with constitutional development/reform

A
  • eu retained law act - secondary legislation
  • wm still holds power and purse strings
  • electoral reform
  • further devolution for England
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16
Q

good concluding point about the uk’s UNcodified constitution

A

codified can only reflect social and political attitudes of the time and therefore are beneficial with incremental changes

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17
Q

What 5 groups make up the HoC

A

Mps
Frontbenchers
Backbenchers
Whips (CONTROL PARTY DISCIPLINE AND ORGANISATION)
Speaker

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18
Q

Hoc legislative function pros and cons with some e.g.s

A

pros - passes legislation which becomes statue law, scrutiny in public bill committee stages

cons - too whipped e.g. crime and disorder act tories pushed through, anti terrorism legislation lab pushed through
- too much secondary legislation and statutory instruments with no real chance for debate - e.g. eu retained law bill and covid laws
- the government sets timescales and speed e.g. Rwanda bill rushed through

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19
Q

Hoc function of providing ministers pros and cons

A

pros - legitimised ministers elected to HoC

cons - limits the pool of talent
- too much ‘patronage’ power for PM, payroll vote, compromises an MP’s independent power to vote
- can be ignored e.g. Lord Cameron not elected

20
Q

Hoc scrutiny and debate function pros and cons e.g.s

A

pros - back bench business committee
- urgent questions e.g. Rudd 2018
- emergency debates e.g. oct 2019, mps forced through blocking a no deal brexit
early day motion
- petitions
cons
- heavily whipped
- parliamentary sovereignty

21
Q

What are the two ways the HoC can be representative

A

democratically - the vote
descriptively - societally similar

22
Q

HoC representative function pros and cons with evidence

A

pros - 10% more BME, reflective as 13-15% nat average BME
- LGBTQ 7%
- Women 34%

cons - 27% from private school v national 6%
- 1/3 oxbridge graduates

23
Q

HoL legitimisation and scrutiny function

A

l role - v. limited as NOT ELECTED
s role - can provide expertise and non biased scrutiny e.g. 2008 counter terrorism bill amended by the HoL
- scrutiny continues over parliamentary terms = more neutral and less whipped

24
Q

Govt v Backbenchers

A

backbenchers DONT have to vote with govt in both houses
however… it depends on the power of government and size of majority e.g. compare mays 2017 government with Blairs 1997 government

25
Q

Private members bills pros and cons

A
  • top 7 reach a debate stage
  • v. rarely successful but they do allow debate on issues the govt may avoid
  • they rely on being given time the by the govt.
26
Q

select committees pros and cons

A
  • since wright reforms they have been the most effective form of scrutiny
  • gives backbenchers to opportunity to question ministers and departments e.g. Cummings slating Johnson to the health committee during covid e.g. foreign affairs committee forced government to condemn china on the uighr human rights issue
27
Q

what is the opposites role

A

to challenge and expose government

28
Q

what 4 major players are the pm and cabinet made up of

A

pm
cabinet
civil servants
SPAD’s

29
Q

what are the 2 main roles of the executive

A

to introduce legislation from their manifesto
to react to circumstance

30
Q

what are the four main powers of the PM

A

to determine membership of govt and cabinet
to make senior appointments to civil service and judiciary
negotiate foreign treaties and controls military deterrent
recommend HoL appointment

31
Q

how important is the cabinet

A
  • v importnat, central core of govt driving force behind govt and can decide their fate e.g. Blair, thatcher, Johnson e.g. may unable to sack hunt in 2018

however..
- less important currently as the PM has its own staff and personal chief of staff
e.g. Johnson wanted to control appointment of all govt chief advisers , sajid javid resigned due to this
e.g. Cummings and Campbell more important than cabinet when SPADs under PM
PM decides who attends cabinet, the chief whip, HoL representative - able to coerce cabinet

32
Q

what does the pm have to decide between when selecting cabinet

A

unity
diversity of opinion

33
Q

what is the role of ministers (3)

A

in charge of departments
neutral civil servant advice
SPAD’s advice on political nuances

34
Q

IMR pros and cons

A
  • minister accountable to parliament for actions of their department and behaviour
  • ministerial code of conduct high standard of behaviour
    however…
  • not completely enforceable - CONVENTION
  • PM is the final judge
35
Q

examples of successful IMR resignations

A

2002 - Estelle morris resigned over a level grading fiasco
2017 - Patel resigned for having private meetings with the Israeli government
2023 - Pincher rape and inappropriate behaviour
2017 - Damian green resigned for having being found to lie about presence of porn on computer
2018 - Rudd after misleading MP’s over removal of illegal immigrants

36
Q

example of unsuccessful imr

A

2020 - Gavin Williamson and a levels blamed ofqual and didn’t resigned
2020 - Hancock avoided resignation during covid19 blaming public health England for covid crisis
- Sunak didnt resign as chancellor and reached the ministerial code

37
Q

what is imr made up of

A

legal responsibility and political responsibility

38
Q

explain cmr

A

the maintenance of the unity of government in public support of government policy.
if a minister publicly disagrees the convention states they should resign

39
Q

examples of cmr upheld

A

2018 - Johnson resigned not supporting may over brexit
2020 - sunak and javid not supporting Johnson
2023 - bravermann not following govt line on the Palestinian protests
2023-4- shadow cabinet resignation of jess Philips and afzal khan over Palestine

40
Q

example of cmr not being upheld

A
  • 2016 ref eu/brexit lead to the suspension of cmr allowing ministers to debate
    2018-19, may had many senior ministers disagreeing but not resigning e.g. Hammond and Davis this destabilised her government
41
Q

what are the three key roles of the scotuk in the uk constitution

A
  • key enforcer of the RoL - Judicial independence strengthens this
  • INTERPRETS acts of parliament
  • powerful influence over the executive - judicial review
42
Q

is the scotuk independent and neutral debate (3 for 3 against)

A

no..
- The new right argue it is “enemies of democracy” as seen by Johnson proroguing parliament
- “naturally conservative”
- inherent bias - pale male stale oxbridge - not neutral
yes..
- trained to be neutral
- appointed by JAC
- protecting the constitution

43
Q

is the scotuk able to limit the executive branch debate

A

yes..
- extensive used of HRA to advise and declare incapability influences the government
- able to judge if laws are implemented legally through judicial review
- can declare laws as ultra vires

44
Q

is the scotuk able to limit parliamentary sovereignty

A

yes..
- belmarsh case 2004 - anti terrorism act gave power for ‘foreign suspects’ arrested in the uk to be detained indetifintely
- the scotuk were able to judge this against the HRA and declare it is an incompatible
no…
- in turn parliament just reworded law and changed it to detention in the belmarsh case = scotuk irrelevant

eg. Rwanda - scotuk rejected as illegal with HRA however sovereignty in the constitution allowed parliament to declare Rwanda as safe not agreeing with undhr

45
Q

Parliament v the executive

A
  • elective dictatorship - exec dominates parliament = little scrutiny
  • if parliament doesn’t go against the government, sovereignty is transferred to the exec and then to pm

however…
- parliament control over may 2017-2019, Johnson pre election 2019
- strong scrutiny function through public account committee and liaison committee

46
Q

impact of globalisation on the relationship between branches

A

questions whether any country can have complete sovereignty over domestic laws due to influence from the UN, ECHR and corporations

47
Q

how has the eu law impacted the relationship between branches

A

less power to parliament and more to the executive as it is less democratic when eu laws are removed from our constitution.

politics paper 2 (3 decks)

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