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A Level Politics > The Constitution > Flashcards

The Constitution Flashcards

1
Q

What is a constitution?

A

A set of rules for governing a government.

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2
Q

What does it mean if something is entrenched?

A

It is protected and therefore hard to amend and make changes to.

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3
Q

What does it mean if a constitution is codified?

A

Where the key constitutional structure and arrangement in a state are collected together within a single legal document.
E.g. US Constitution (1787)

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4
Q

What does it mean if the constitutional is unitary?

A

A unitary system is based on the principle of parliamentary sovereignty.
This means that supreme power remains in the hands of a single source.

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5
Q

What is parliamentary sovereignty?

A

Parliamentary sovereignty is a principle of the UK constitution.
It makes Parliament the supreme legal authority in the UK which can create or end any law.
It essentially means all power lies with Parliament.

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6
Q

What is the rule of law?

A

The key idea of the rule of law is that the law should apply equally to all rulers and ruled alike.

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7
Q

What is statute law?

A

Statute law refers to laws passed by Parliament.

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8
Q

Name an example of a statute law.

A

Freedom of Information Act.

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9
Q

What is common law?

A

Common law is the part of English law that is derived from custom and judicial precedent rather than statutes.
According to common law, judges must consider the decisions of earlier courts (precedents) about similar cases when making their own decisions.

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10
Q

What are conventions?

A

A Convention is a long established, informal and uncodified procedural agreement followed by the institutions of state.

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11
Q

Name an example of a convention in the UK.

A

The idea that a PM should resign after losing an election is a convention and not a law.

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12
Q

What are authoritative works?

A

Books written by constitutional theorists that are considered to be authoritative guides to the UK’s uncodified constitution.

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13
Q

Name an example of an authoritative work?

A

Erskine May’s Parliamentary Practice (1844)

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14
Q

What are treaties?

A

A treaty is an agreement under international law that is entered into between two or more countries
In the UK, many of these were EU treaties.

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15
Q

What is devolution?

A

Devolution is about the transfer of power by a central government to local or regional administrations.

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16
Q

What are the five main sources of the UK’s uncodified constitution?

A

EU treaties
Statute law
Common law
Works of authority
Conventions

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17
Q

What are the twin pillars of the Uk constitution?

A

Rule of law and parliamentary sovereignity.

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18
Q

Is the UK constitution codified?

A

No

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19
Q

Is the UK constitution flexible?

A

Yes- any of its sources can be changed without any lengthy or difficult process (this is in the context of rule of law however).

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20
Q

Is the US constitution rigid?

A

Yes- an amendment requires a two-thirds majority votein congress plus three-quarters of state legislatures.

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21
Q

Is the UK constitution entrenched?

A

No

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22
Q

Is the UK constitution judiciable?

A

No- judges cannot challenge Parliament’s ability to make or amend statute laws.

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23
Q

Is the UK constitution unitary?

A

Yes, a unitary system is based on parliamentary sovereignty.
For example, the power of the Scottish and Welsh parliaments could be taken away from them by Parliament in Westminster.

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24
Q

Is the UK constitution revolutionary or evolutionary?

A

Evolutionary as it has evolved over centuries and have constantly changed and adapted to circumstances.

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25
Q

Name the six documents which signify an important stage in the UK’s democratic history.

A

Magna Carta (1215)
Bill of Rights (1689)
Act of Settlement (1701)
Acts of Union (1707)
Parliament Acts (1911 and 1949)
The European Communities Act (1972)

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26
Q

Can common law contradict statute law?

A

No

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27
Q

What concept did the Magna Carta (1215) introduce?

A

The concept of habeas corpus- the right to be brought before a court to hear the charges against you.

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28
Q

Name five reforms that enhance democracy.

A

House of Lords reform 1999
Electoral reform
Recall
Reforms in the House of Commons
EVEL

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29
Q

What was the HoL reform 1999?

A

Limited the number of hereditary peers to 92.
Labour government.

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30
Q

What was electoral reform?

A

Introduced PR in all devolved assemblies, leading to much fairer representation of the people’s views.
Labour government

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31
Q

What was recall?

A

The 2015 Act introduced a process by which an MP can be recalled by their constituency to face a by-election.
Coalition government.

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32
Q

What were reforms in the House of Commons?

A

The Wright Reforms redistributed power to backbenchers and from the government.
Labour government.

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33
Q

What was EVEL?

A

That laws concerning England only have a greater input from MPs representing English constituencies.
Conservative Government.
No longer exists.

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34
Q

Name two reforms that enchanced rights.

A

Human Rights Act 1998
Freedom of Information Act 2000

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35
Q

What is the HRA 1998?

A

Made the European Convention on Human Rights (ECHR) lae accessible in UK courts, making it easier for UK citizens to access their rights.
Labour government.

36
Q

What is the Freedom of Information Act 2000?

A

Provided public access to documents held by public authorities.
Labour government.

37
Q

Name four reforms that decentralise power.

A

Devolution
Exiting the EU
Elected Mayors
PCC

38
Q

What is devolution?

A

Devolved powers to Scotland, Wales and Northern Ireland put local representatives in charge of local issues.
Labour government.

39
Q

What was Brexit?

A

Returned all decision making powers back to Parliament, which is directly accountable to the British people.
Suggested under conservative government.

40
Q

What are elected mayors?

A

Gave powers over large areas to locally elected mayors.
E.g. Andy Burnham of Manchester.
Conservative government

41
Q

What are Police and Crime Commissioners?

A

Elected representatives who are responsible for the efficient and effective policing of an area.

42
Q

Name two reforms that ‘modernise the system’.

A

Fixed-term parliaments Act 2011
Constitutional Reform Act 2005

43
Q

What is the Fixed-term parliaments Act 2011?

A

Fixed the dates of Uk general elections to once every five years to reduce the PM’s prerogative power.
Coalition government.

44
Q

What is the Constitutional reform Act 2005?

A

Established the Supremem Court in place of the Law Lords and separated the role of Lord Chancellor into three separate roles and people.

45
Q

What is the Wright Committee?

A

Established in 2009 to improve the procedures and relevance of Parliament.

46
Q

Who introduced the Wright Committee in full?

A

The coalition government- 2010

47
Q

Name three suggestions of the Wright Committee.

A
  • Chairs of departmental and other select committees should be directly elected by secret ballot of the HoC.
  • Members of select committees should be selected within party groups.
  • Backbench business should be schedules by the House rather than the ministers.
48
Q

What did the Scotland Act 1998 do?

A

Gave primary powers and income tax-varying power, +/- 3p per pound.

49
Q

What did the Scotland Act 2012 do?

A

Gave a small extension of powers, increase of tax-varying power to +/- 10p and devolution of some additional taxes.

50
Q

What did the Scotland Act 2016 do?

A

Extended powers in relation to transport, energy and social security benefits, and to set income tax rates and thresholds, as well as to receive the proceeds of national VAT.

51
Q

Name three things the Scottish Parliament have control over.

A

Education
Local government
Health and social services

52
Q

Name three things the Welsh Assembly has control over.

A

Education and training
The environment
Culture, including the Welsh language, and sport

53
Q

What did the Wales Act 1998 do?

A

Gave secondary legislative powers to the Assembly.

54
Q

What did the Wales Act 2006 do?

A

Provided for an additional referendum on primary legislative powers.

55
Q

What did the Welsh devolution referendum in 2011 do?

A

Voted ‘yes’ yo give the Welsh Assembly direct law-making power in 20 devolved areas such as health and education.

56
Q

What did the Wales Act 2014 do?

A

Gave minor tax powers and a referendum on income tax-varying power.

57
Q

What did the Wales Act 2017 do?

A

Provided for a reserved powrrs model and a transfer of further powers in transport and energy, and gave income tax-varying power to +/- 10p without a referendum.

58
Q

Name three things the NI Assembly has control over.

A

Education
Economic development
Agriculture

59
Q

What was the Northern Ireland Act 1998?

A

Based on the Belfast Agreement, created the Assembly and related institutions and gave the Assembly power to legislate in transferred matters.

60
Q

What was the St Andrews Agreement 2006?

A

Renewed devolution in 2007.

61
Q

What happened in terms of devolution in 2010 in Northern Ireland?

A

Devolution of policing and criminal justice.

62
Q

What was the Corporation Tax (Northern Ireland) Act 2015?

A

Devolved power to set corporation tax.

63
Q

Where is the power to make secondary legislation set out?

A

In primary legislation.

64
Q

Whats the difference between primary and secondary legislation?

A

Primary legislation provides the framework while secondary legislation adds the rules and procedures.

65
Q

When did Scotland get primary legislative powers and when did Wales get them?

A

S= 1998
W= 2011

66
Q

Name five ways devolution could be classed as a success?

A

Has not led to the break-up of the UK.
Devolved assemblies are very popular in the regions and nobody is suggesting it should be overturned.
Welsh interest in devolution has increased.
Has secured a peaceful environment in NI for 20 years.
Elected mayors have led to greater regional identity in England.

67
Q

Name five ways devolution could be classed as unsuccessful.

A

Different policies were necessary to support the different devolved regions in distinct ways.
England has been short-changed in the devolution settlement (however EVEL).
Has left the West Lothian question unresolved.
Interest in devolved assemblies is low, as shown by turnout.
Since the arrival of the Scottish Parliament, desire for independence has dramatically increased.

68
Q

How many voted for Scottish independence in 2014?

A

44.7%

69
Q

What was the turnout of the 2021 Senedd election?

A

46.6%

70
Q

What was the turnout of the 2022 Stormont election?

A

63.6%

71
Q

What was the turnout of the 2021 Holyrood election?

A

63.5%

72
Q

When was the Greater London Assembly created?

A

2000 by the Blair government.

73
Q

When was the NE Assembly referendum?

A

2004

74
Q

In the NE Assembly referendum how many voted ‘no’?

A

78%

75
Q

Name three areas with ‘metro mayors’.

A

Manchester
Peterborough
Tees Valley

76
Q

When were the majority of metro mayors elected?

A

2017

77
Q

Do the powers of metro mayors vary?

A

Yes

78
Q

Name some things which metro mayors have control over?

A

Developing economic growth strategies
Making policy on housing, skills and transport- e.g. Burnham signed off on a new £10 yearly charge for pensioners who wished to continue to use their TFGM travel passes on the regions trains and trams.

79
Q

Name three reasons for a codified constitution in the UK.

A
  • The majority principles of the constitution would be entrenched, safeguarding them from interference by the government of the day.
  • With an entrenched constitution, individual liberty would be more securely protected. Despite the HRA rights are still not adequately protected since the lack entrenchment- BJ’s government and reform.
  • The power of the executive would be constrained by a rigid, codified document. Codification would provide a counter-balance to the power of the executive.
80
Q

Name three reasons against a codified constituion in the UK.

A
  • A codified constitution would be less responsive and adaptable than an uncodified one. Since 1997, many constitutional reforms have been enacted to update the UK constitution- such as devolution.
  • The US Constitution has had an entrenched Bill of Rights for centuries but it didn’t stop African-Americans being lynched without any kind of trial- entrenched constitutions do not guarantee people’s rights in practice.
  • Government power may be more effectively contrained by regular elections than by a constitutional document- however repeal of FTPA.
81
Q

Name three arguments for greater devolution of England.

A
  • It would facilitate a more federal model of government- similar to the US.
  • EVEL does not resolve the WEst Lothian question and makes Scottish MPs second-class representatives at Westminster, weakening the unity of the UK.
  • Some parts of the UK such as Devon and Cornwall have a very strong national identity and would want the ability to make more decisions for their regions locally- however NE Assembly.
82
Q

Name three arguments against greater devolution for England.

A
  • England would dominate a federal assembly and its relationship with Westminster could become complicated.
  • EVEL has solved the West Lothian question and been used in westminster to pass English-only legislation (for example classing ‘affordable housing’ up the the price of £450,000).
  • Many areas of England don’t have a string sense of local identity and see themselves as English or even British.
83
Q

Name five weaknesses of the HoC, proposed reforms and the possible consequences.

A
  • Prime minister is not sufficiently accountable -> reform PMQ’s and increase regularity of Liason Committee -> could create more meaningful debate of issues.
  • Departmental select committees are still often ignored and not valued -> give them enforcement powers -> more accountable government.
  • MPs have little control over legislation -> more power to legislative committees and remove membership from whips -> legislative committees become more independent and better scrutiny.
  • Government majorities render the HoC useless -> change electoral system -> coalitions and minority governments might empower MPs.
  • MPs lack research facilities -> increase research support -> HoC would be more effective in making ministers accountable.
84
Q

How many HoL peers did Cameron appoint between 2010 and 2017?

A

295

85
Q

Name three things a committee led by Lord Burns in 2017 suggested in terms of a HoL reform.

A
  • Reduce size of Lords to 600 withtin 10 years and maintaining this until 2047 at least.
  • New peerages will be restricted to a 15 year term.
  • Political peers should be appointed in relation to a party’s election performance, taking into account the number of seats they win as well as the vote share it achieved.
86
Q

Name three reasons why the HoL should be reformed.

A
  • Full or partial election would raise the legitimacy of the second chamber.
  • An elected chamber would be a more effectove check on the executive, since the Salisbury Convention would not exist.
  • Lord Burns’ reform is moderate.
87
Q

Name three reasons why should not be reformed.

A
  • Election would eliminate the many experts who sit in it, including the experience of the ex-ministers and PM in the Lords.
  • Could challenge the authority of the Commons.
  • Hard to get a reform people agree on.

A Level Politics (18 decks)

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