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Politics Paper 2 > The Constitution > Flashcards

The Constitution Flashcards

1
Q

What is a constitution?

A

A set of rules that establish duties, powers and institutions of government.

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2
Q

Functions of a constitution?

A
  • Allow people to express their beliefs
  • Prevents tyranny of the majority
  • Avoids conflict between institutions
  • Ensure limited government
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3
Q

Features of the UK Constitution?

A
  • Parliamentary sovereignty
  • Uncodified
  • Unitary
  • Fusion of powers
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4
Q

Sources of UK Constitution?

A 
Common law
-> Royal prerogative
Statute law
-> Fixed Term Parliament Act 2011
Conventions
-> PM ask Parliament before declaring War
EU Laws and treaties
-> European Communities Act 1972
Royal Prerogative
-> PM is Commander in Chief
Authoritative Works
-> AV Dicey's Law of the Constitution
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5
Q

What are the ‘Twin Pillars of the UK Constitution’?

A

Established by AV Dicey in ‘Introduction to the Law of the Constitution’.

  • Rule of law - everyone is subject to the law
  • Parliamentary sovereignty
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6
Q

Pros and cons of UK Constitution?

A 
\+Supreme law making authority
\+not bound by a successor or predeccessor
\+Competent to legislate
\+Can't be overruled
-Too powerful
-Territorial limitations
-Unentrenched
-Conflicts EU
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7
Q

Example of where Courts have sided with Parliament

A

Miller v Secretary of State for Exiting the European Union 2017: Parliament must vote before revoking Article 50.

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8
Q

Is the Constitution outdated?

A 
\+no outline of rights
\+conventions are centuries old
\+royal prerogative still exists
\+Unentrenched
-Changes with society
-Uncodified so flexible
-Common law can change
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9
Q

What are the aims of constitutional reform?

A

Democratisation
Decentralisation
Modernisation
Protection of rights

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10
Q

What reform outlined rights and freedoms in a single document?

A

Human Rights Act 1998

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11
Q

What reform banned hereditary peers, how many remained following?

A

House of Lords Act 1999, banned all but 92

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12
Q

What reform established the Supreme Court?

A

Constitutional Reform Act 2005

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13
Q

What reform gave access to information held on you by public bodies, and government activity?

A

Freedom of Information Act 2000

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14
Q

What reform act set the dates of General Elections?

A

Fixed Term Parliaments Act 2011, every 5 years unless there is a super majority

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15
Q

When was the Alternative Vote Referendum, what was the outcome?

A

2011, 42% turnout, 68% said no.

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16
Q

What limits have been placed on surveillance?

A

Protection of Freedoms Act 2012

17
Q

When was it allowed for Peers to resign?

A

House of Lords Reform Act 2014

-58 resigned within 3 years, and 4 removed

18
Q

When was it first allowed for an MP to be removed within his terms, and on what condition?

A

Recall of MPs Act 2015, following the Expenses Scandal
10% of constituents have to sign a petition
-> Fiona Onasanya, Peterborough

19
Q

When were surveillance powers extended?

A

Investigatory Powers Act 2016

20
Q

Arguments for uncodified?

A

FLEXIBILITY
-Growth of PM’s prerogative was able to happen after 9/11 and COVID thanks to flexibility
-adaptable
-> O’Donnell Rules for 2010 coalition
NORMALITY
-government can deal with crisis (2013 US shutdown over Obamacare)
-Unwritten conventions, common law and traditions
-> Salisbury convention suspended for Brexit vote
PRAGMATISM
POLITICISING JUDICIARY
judiciary would have to be politicised to enact the constitution. questions independence?

21
Q

Arguments for codification?

A 
JUDICIAL REVIEW 
increases transparency
HUMAN RIGHTS
safeguard them
PARLIAMENTS SOVEREIGNTY AT TOO HIGH COST
we sacrifice civil liberties for sovereignty.
-> Coronavirus Act 2020
PM HAS TOO MUCH POWER
too few checks and balances
CLARITY FOR UK CITIZENS
apathy at present prevails
22
Q

For English devolution?

A
  • Most populous country, but has no government
  • Barnett formula calculated spending per head is less in England than Scotland
  • 2015: Cornwall given powers
  • Mayors show it works (e.g. Sadiq Khan)
23
Q

Against English devolution?

A
  • Westminster suffices
  • English Votes for English Laws 2015 (although that has since stopped)
  • 2002: rejected in North East England by 78%
  • Little legitimacy due to low turnouts
  • > West Midlands Police and Crime Commissioner 2021: 31%
  • > Scottish Parliament 2021: 63.5%
24
Q

Arguments devolution hasn’t worked?

A
  • UK has became quasi federal
  • Only so many powers to devolve
  • Unbalanced
  • Calls for independence
    • > # IndyRef2
  • Doesn’t work
    • > Northern Ireland 2017 shutdown 3 years
  • Low turnouts
    • > Scotland: 63.5%
25
Q

What did the Scotland Act 1999 set out

A

The Scottish Parliament

26
Q

What did Scotland Act 2012 set out

A

Vary income tax up to 10% (note: Wales didn’t get to even hold a referendum on this until 2014, and only secured the right in 2017)
Further powers

27
Q

What did the Scotland Act 2016 set out?

A

Set tax rates and thresholds
50% of VAT (Wales still doesn’t get this)
Legislative jurisdiction over welfare, etc.
Recognised permanence

28
Q

What did Wales Act 1999 set out?

A

Welsh Assembly

29
Q

What did Wales Act 2014 set out?

A

Smaller taxes
Framework of referendum
Devolve income tax

30
Q

Has Scottish devolution worked?

A 
\+Scottish Assembly has control over many areas including welfare and road signs
\+Access to 50% of VAT
\+85% turnout in independence referendum
-63.5% turnout, 2021
-55% voted remain
31
Q

Has Welsh devolution worked?

A

+63% voted for further devolution

  • 35% turnout, 2011
  • 2019: Wales voted Labour by a large in Westminster
  • Fewer legislative powers (e.g. not on law and order)
  • No tax varying powers
32
Q

Has Northern Ireland devolution worked?

A

+powers over health and social services, justice, etc
+ended strife
-no tax varying powers
-2017-2020 shutdown
2017: 65% turnout
2 First Ministers have resigned from 2021-22

Politics Paper 2 (6 decks)

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