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A level politics > The constitution > Flashcards

The constitution Flashcards

1
Q

Constitution

A

A document which spells out the principles by which a government runs.

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2
Q

How has power in the UK evolved?

A

It has moved away from crown to parliament

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3
Q

How is the British monarchy described and what does it mean?

A

-Constitutional monarchy
-Hold limited power according to the rule of law

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4
Q

Uncodified constitution

A

one that has several sources, which may be written or unwritten. It does not represent a higher law.

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5
Q

unentrenched constitution

A

means the way in the which the state is governed and the rights of the people within it can be altered.

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6
Q

What does the uncodified constitution mean for the rights of citizens?

A

The rights of citizens are not written in any single document.

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7
Q

Parliamentary Sovereignty

A

Parliament is the supreme legal authority in the UK, which can make and end laws

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8
Q

Results of Parliamentary sovereignty

A

The rights of British people are not protected by a higher law.

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9
Q

Places where peoples rights are properly protected?

A

USA

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10
Q

How are British peoples civil liberties protected? 2

A

-Government should act according to the rule of law
-Independence of the judiciary from the government

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11
Q

Rule of Law

A

principle that the law applies to everyone, even those who govern

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12
Q

How is the UK state described and why?

A

-Unitary state
-Westminster has ultimate authority and say over every part of the UK

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13
Q

What is a federal state and example

A

-Power is shared and dispersed
-USA

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14
Q

How is the unitary state if the UK challenged?

A

It is challenged by devolution as it allows power to be dispersed to different parts of the UK

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15
Q

How does devolution not challenge a unitary state?

A

In theory Westminster can always reclaim power

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16
Q

How has the UK constitution developed?

A

It has developed over time as a result of many different sources

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17
Q

Statute Law, is it strong?

A

Laws passed by Parliament, Parliament is sovereign so there is nothing stronger than this.

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18
Q

Common Law

A

A law established by following earlier judicial decisions

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19
Q

Conventions

A

an unwritten (uncodified) understanding about how something in Parliament should be done , although not legally enforceable

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20
Q

Example of a convention

A

Salisbury convention, Lord Salisbury accepted that the house of Lords should not use its conservative majority to wreck labours manifesto promises as they were elected.

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21
Q

Magna Carta date and what is it

A

no freeman can be punished without trial (1215)

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22
Q

Bill of Rights date and what it contributes to the constitution

A

(1689)
- guaranteed further basic rights, for example, free elections
- limitations on the power of the Monarch

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23
Q

Authoritative works

A

works written by scholars seen as experts in the constitution- they outline what is ‘correct’ for the UK constitution.

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24
Q

Examples of authoritative works

A

Bagehot’s The English Constitution (1867)

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25
Q

What was the years of Blairs government?

A

1997-2007

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26
Q

What did Blair feel about the constitution? 2

A

-He felt that it was urgently in need of reform
-Power was too centralised in Westminster

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27
Q

What did Blairs constitutional reform programme centre around? 4

A

-Decentralisation
-Democratisation
-Transparency
-Rights protection

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28
Q

What was Labours main aims with devolution?

A

Give Wales and Scotland more power of their own

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29
Q

how did Scotland and Wales feel about greater independence

A

Scotland voted with a large majority whilst Wales voted with a tiny margin.

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30
Q

date of Northern Irish assembly vote & result

A

1998 voted for it with the power shared between the unionists and the republicans

31
Q

What is the benefit of devolved assemblies?

A

gives the countries more suited policies

32
Q

How did Blairs gov help individual towns and cities?

A

Gave them the power to elect their own mayors

33
Q

Concern about mayoral elections? example

A

They have a very small turnout so this can undermine legitimacy.
-2017 Andy Burnham, Greater Manchester, 28.9%

34
Q

Why did Tony Blair take issue with the house of Lords?

A

He felt that the hereditary peers were undermining the legitimacy of the house.

35
Q

Who was the biggest majority in the HOL before the reform?

A

Hereditary peers

36
Q

When was the HOL reform?

A

1999

37
Q

What was the compromise in the HOL reform?

A

92 hereditary peers

38
Q

Why was the HOL act controversial?

A

It was meant to be a stage one but nothing was done after 1999 to introduce and elected chamber

39
Q

Blair and electoral reform

A

Before the election Blair had talked about how he wanted electoral reform but after he got a massive majority he wasn’t so keen.

40
Q

What did happen with electoral reform under Blair?

A

He was prepared to accept a new electoral system for the devolved regions

41
Q

Where did the HRA come from?

A

It put the European Convention of human rights into British law

42
Q

Example of where the human rights act was used

A

2006 Laporte case article 10, freedom of expression was used to show that the police had acted illegally by stopping the anti Iraq war protesters from reaching RAF Fairford.

43
Q

Why should the significance of the HRA not be exaggerated?

A

Parliament still has the right to repeal the Act

44
Q

How have the limitations of the HRA been illustrated?

A

Belmarsh case, after 9/11 the Blair government suspended article 5, the right to liberty.
He said that the HRA would not prohibit them from confronting terrorism.

45
Q

How was the Supreme court reformed?

A

It ended the HOL judicial aspect and the supreme court opened in 2009.

46
Q

How was the appointments process in the supreme court reformed?

A

Instead of there being a nomination process there was a committee that allows for more transparency.

47
Q

Date of the David Cameron coalition?

A

2010-15

48
Q

Fixed term parliament act date and what it did

A

2011 meant that an election had to be held exactly five years later. It does allow an election in the event of a vote of no confidence.

49
Q

why was electoral reform attempted under the coalition of 2010-15?

A

Because the Lib Dems often fell foul due to FPTP when they were in the coalition with Cameron they asked for a vote on the electoral system in Britain.

50
Q

What was election was allowed for electoral reform under the 2010-15 coalition?

A

The AV referendum in 2011

51
Q

2010-15 coalition most positive legacy?

A

The Parliamentary reform

52
Q

What was done by the 2010-15 coalition for backbenchers?

A

Backbench committee was created to give them control over what is debated in parliament.

53
Q

How did the 2010-15 make parliament less alien to the public?

A

They introduced electronic petitions.

54
Q

Power of Recall, what is it and date

A

2015 MP’s can be recalled if 10% of constituents sign a petition after the MP has been arrested or removed from parliament for more than 21 days

55
Q

Extended Scottish devolution date and what is it?

A

2016 Scotland Act gave Scotland maximum devolved powers.

56
Q

who brought up the west Lothian question?

A

Tom dalyell

57
Q

West Lothian Question

A

Why can Scottish and Northern Irish MPs vote on key issues that only concern England but English MPs cant vote on devolved issues.Why can Scottish and Northern Irish MPs vote on key issues that only concern England but English MPs cant vote on devolved issues.

58
Q

How has devolution impacted Scotland?

A

SNP replaced Labour as the dominant party

59
Q

Why has devolution raised questions?

A

It is completely asymmetrical as Scotland has more power than Wales and Ireland and England has no specific assembly.

60
Q

Scotland specific legislation 2

A

-first place to ban smoking in public places
-free tuition
-First country to give free sanitary products

61
Q

How are Scottish powers protected?

A

They are featured in the UK constitution

62
Q

Indication that Scotland is happy in the UK, how many?

A

The support for the SNP declined in the 2017 election, lost 21 seats

63
Q

Difference between Wales and Scotland devolution

A

Wales was not offered any legislative powers

64
Q

Wales Act 2017

A

Allowed to vary income tax

65
Q

When was N. Ireland given its own Parliament?

A

1922

66
Q

When was the Parliament of N. Ireland interfered with and why? date

A

1972 because of the escalating violence How was the Irish parliament reinstated? The good Friday agreement negotiated a power sharing assembly which represented both unionists and Nationalists.

67
Q

What is the relationship between peace and the Irish Parliament

A

As long as the North and the South of Ireland have cordial relations then the parliament can stay

68
Q

Issues with Irish devolution 2

A

2002-7 the assembly was suspended due to conflict between unionists and nationalists. It was suspended again in 2017 when there was disagreement over a language act.

69
Q

Ways in which there could be further reformation 3

A

-elected house of Lords
-Electoral reform at Westminster
-English devolution

70
Q

Advantages of the House of Lords as it is 3

A

-Experts in every field means its ability to scrutinise is strong
-In cases of dispute the commons still holds ultimate power
-If both the Commons and Lords were elected there could be gridlock

71
Q

Arguments in favour of devolution 3

A

-England is by far the most populous nation so should have its own parliament
-devolution has created an asymmetrical UK and so an English parliament is needed to even it out
-The system of elected mayors shows how power can be successfully Decentralised which makes a case for English devolution

72
Q

Arguments against English devolution 3

A

-Very little positive demand for this reform. North East even voted against its own assembly in 2004
-The establishment of an English Parliament would challenge Westminster
-Further devolution would add another layer of government which might be undermined by the fact the turnout will likely be low as is inline with the turnout for mayor elections and the like.

73
Q

Three arguments for a codified constitution

A

-Entrench British civil liberties and rights as they are not currently protected
-In a codified system judges are able to protect the constitution where as now they are not able to
-Power of the executive would be constrained by a rigid document meaning they cannot just do as they please

74
Q

Describe the main features of the Uk constitution?

A
  • parliamentary sovereignty
  • the rule of law
  • a unitary state

A level politics (32 decks)

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