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Politics > The Constitution > Flashcards

The Constitution Flashcards

1
Q

What does de jure mean?

A

The legal theory - what can happen legally

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2
Q

What does ‘de facto’ mean?

A

The situation in practice

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3
Q

What does a constitution provide in a liberal democracy?

A

A system of limited government

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4
Q

What are the four key features of a codified constitution?

A
  1. Located in one single document
  2. Authoritative/higher law: constitutional law takes precedence over statutory law made by congress
  3. Inflexible/entrenched - procedure to change is more difficult than ordinary law
  4. Supreme court can strike down and can void laws, deeming them ‘unconstitutional’
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5
Q

What are the four key features of an uncodified constitution?

A
  1. Located in a variety of sources, some written and some traditions/conventions
  2. Not authoritative - constitutional laws only have the status of ordinary laws
  3. Flexible/not entrenched - can be changed through normal law making process
  4. Not judiciable - judges cannot declare laws as ‘unconstitutional’
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6
Q

What kind of a path has the UK constitution followed in terms of development?

A

It has followed an evolutionary rather than revolutionary route - it is an organic entity

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7
Q

What has most of the development of the constitution focused on?

A

Decentralisation of power and limits on the power of rulers

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8
Q

What are the five principles of the constitution?

A

Parliamentary sovereignty, the rule of law, unitary state, constitutional monarchy, EU treaties

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9
Q

What are the seven sources of the constitution?

A

Statute law, EU law, Common Law, Royal Prerogative, Conventions and major works of authority and constitutional documents

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10
Q

List 3 key points of parliamentary sovereignty

A
  1. Parliament can legislate on any subject of its choosing
  2. Legislation cannot be overturned by any higher authority
  3. No parliament can bind its successors
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11
Q

What are examples of parliamentary sovereignty being undermined?

A
  • European Communities Act 1972 made UK partially subservient to European law.
  • Devolution - new labour gave away primary legislative control to Holyrood
  • the rise of referendums -> clash between direct and representative democracy
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12
Q

List four key points of rule of law

A
  1. Nobody can be punished if he/she breaches the law established before a court
  2. Nobody is above the law
  3. The law should conform to certain minimum standards of procedure
  4. The law should be reasonably certain or predictable
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13
Q

Why is the rule of law important?

A

It’s an essential part of a liberal democracy acting as a constitutional check on government.

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14
Q

Why do some consider parliamentary sovereignty taking precedence over rule of law?

A
  1. Parliament can technically override the principles of the rule of law by voting it so
  2. “Elective dictatorship” - government can dominate plmnt such as Blair and Thatcher years - parliamentary sovereignty becomes the wishes of the govt of the day.
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15
Q

What powers does the monarch have today?

A

Royal assent to bills and appointing important office holders

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16
Q

What powers would the monarch have in specific instances?

A

If parliament were hung, they would have to play an important role in calling a coalition government

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17
Q

What is a unitary state?

A

Ultimate legal sovereignty is retained in the centre. Subnational/devolved bodies do not have autonomous powers.

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18
Q

What is a federal state?

A

Sovereignty is divided equally in two: national (federal) government and the regional (state) government. No tier of government can abolish another tier.

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19
Q

What is a union state/kwasi federalism?

A

Political powers are decentralised in the centre but the component nations have a degree of autonomy through devolution.

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20
Q

What was the EU initially called?

A

EEC

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21
Q

Why did the UK initially want to join the EEC, and what did these aims develop to be?

A

Initially economic aims, became political

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22
Q

Why did EU law take supremacy over UK law? What case shows this in particular?

A

Because the UK signed treaties to join the EU and UK agreed to it initially. Merchant Shipping Act blocked by European Court of Justice.

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23
Q

Why could the UK still have been said to have been sovereign despite EU law supremacy?

A

Because when the system of votes was still intergovernmental, only one veto was required to block something.

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24
Q

What was the last Treaty signed by the UK with the EU before BREXIT?

A

Lisbon Treaty

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25
Q

What are the four reasons for constitutional reform?

A

Decentralisation, democratisation, modernisation and protection of rights

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26
Q

What are the three strengths of the HRA?

A
  1. A positive assertion of rights
  2. Ease and speed of access
  3. Government has responded to “declarations of incompatibility”
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27
Q

What are the 4 weaknesses of the HRA?

A
  1. Not an entrenched bill of rights
  2. It can be derogated out of
  3. Allows judges to overstep their traditional role
  4. Establishes an unhealthy abstract conception of rights”
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28
Q

What did the Jenkins report in 1998 suggest and what was the result?

A

Advised that AVt (uses both AV and CPL) was the best system to use. Report ignored by govts.

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29
Q

What year was the Constitution Reform Act?

A

2005

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30
Q

Why was there a need for the Constitutional Reform Act 2005?

A

Lord Chancellor had too many roles and acted as a lynchpin between Judiciary, Government and Parliament power.

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31
Q

Why was there concern about the role of Lord Chancellor?

A
  1. Ran against principle of the separation of powers
  2. Concern that the overlap of power may not conform to the ECHR, right to fair trial
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32
Q

What were the previous three roles of Lord Chancellor?

A

Head of Judiciary, Member of Government, Speaker of the Lords

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33
Q

What was reformed in relation to Lord Chancellor’s role?

A

No longer head of judiciary, no longer speaker or presiding officer of lords

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34
Q

What else did the Constitutional Reform Act reform?

A

Established a supreme court (Lords no longer highest court in the land) and created the Judicial Appointments Commissions (JAC), creating transparency in appointments ensuring merit remains sole criteria

35
Q

How did CRA 2005 give a loss of power?

A
  1. Removed government power of patronage, prevents arbitrary actions as well as party line influence.
  2. A more open and standardised selection process
36
Q

How does govt still retain some influence over JAC?

A
  1. Is entitled to be consulted by the commission
  2. Can veto the first two choices of the commission.
37
Q

What are the three main effects of judicial reform?

A
  1. Separation of judiciary and government
  2. Introduction of Supreme Court - only cosmetic
  3. Appointment of senior judges
38
Q

What was the first stage of parliamentary reform?

A

90% of hereditary peers removed

39
Q

What has happened to the second stage of parliamentary reform?

A

The second stage stalled, from 1999 there has been no further reform. Had been an agreement for a partially or fully elected Lords but it has now been 25 years.

40
Q

Why was there a significant clash between the coalition parties?

A

Lib Dems are a party of reform, Tories are a party of … none of it.

41
Q

What are two failed reforms by the coalition?

A

Introduce a fully elected Lords and reduce the number of MPs.

42
Q

What are three successful coalition reforms?

A

Fixed Term Parliament Act, Scotland Act 2012, Wales Act 2014

43
Q

What are the three main reforms attempted by 2015-2019 govts?

A
  1. City devolution outside of London - success
  2. Recall of MPs Act 2015 - success but more limited than originally envisaged
  3. Extension of Welsh and Scottish devolution (The Scotland Act 2016 and Wales Act 2017) - success is open to interpretation
44
Q

What are the three main reforms of Johnson?

A
  1. BREXIT
  2. Reversal of EVEL
  3. Reversal of Fixed Term Parliament Act
45
Q

What are four examples of Johnson stretching the constitution?

A
  1. Attempting to illegally prorogue parliament to prevent remainers from blocking BREXIT legislation
  2. Threatening to block NI protocol, would have been breaking international law
  3. Broke spirit of Ministerial Code - not sacking Priti Patel
  4. Liaison Committee Scandal - appointed Bernard Jenkin as chair and only appeared once in 13 months
46
Q

Why is there a need for a codified constitution?

A
  1. a growth in power of govt and PM
  2. increasing govt power over state in general
  3. to clarify powers for modern challenges of BREXIT and devolution
47
Q

Who supports a codified constitution?

A

Lib Dems, Unlock Democracy, Liberty and some elements of Labour Party

48
Q

Why would one argue against a codified constitution?

A

Its flexibility and ‘organic’ nature is an advantage

49
Q

What are the 6 specific arguments for a codified constitution?

A
  1. Opportunity for modernisation, clarification of powers and checks and balances within the state
  2. Process of codification has already begun
  3. Education and citizenship
  4. To protect human rights
  5. Ends periods of elective dictatorship
  6. A codified constitution would establish principle of limited government
50
Q

What are the 6 specific arguments against codifying the constitution?

A
  1. Effective government
  2. Checks and balances already exist
  3. Pragmatic adaption is better
  4. Would lead to ‘judicial tyranny’
  5. Entrenched, codified constitutions don’t allow flexibility
  6. No pressure or agreement for change
51
Q

What is devolution?

A

The transfer of power from a superior body to an inferior one

52
Q

What are legislative powers?

A

Can make laws in their territories

53
Q

What are administrative powers?

A

Powers given to the devolved bodies who can implement laws and services

54
Q

What are financial powers?

A

Devolved governments have money granted to them but giving tax raising powers allows the raising of extra funds

55
Q

What are the three main reasons for devolution

A
  1. End the democratic deficit - Conservative victories though Scotland and Wales always voted Labour
  2. Avoid break up of UK - independence sentiment rising
  3. Peace in NI - power sharing coalition was priority of GF Peace Agreement
56
Q

What are the reserved powers that Westminster holds back?

A

Foreign policy, defence, registration and funding of political parties, treason, civil service, the Crown.

57
Q

How much law making powers have been distributed?

A

Scotland: Large range of secondary law making powers
Wales: smaller range of law making powers
NI: limited law making powers

58
Q

How much tax raising powers have been distributed?

A

Scotland: full tax raising powers
Wales: can raise income tax but needs permission from Westminster
NI: No tax raising powers

59
Q

What two powers show asymmetrical devolution in the UK?

A

law making and tax raising

60
Q

Why was Scotland a ‘special case’ and different from Wales and NI even in 1997?

A
  1. Had had administrative devolution since 19th century
  2. Had own laws, though none passed since 1707
  3. Nationalist sentiment stronger and stronger political identity
61
Q

Why was Scotland Act 2016 such a significant step?

A

A step further towards independence, particularly following such a close referendum

62
Q

Why were less powers given to Wales than Scotland in 1998?

A
  1. Wales didn’t overwhelmingly vote for devolution
  2. Plaid was a lot weaker than SNP
63
Q

What was the motivation of giving increased powers to Wales in 2014?

A

Lib Dems were part of coalition and they supported further decentralisation of power.

64
Q

Why was NI very different to Wales and Scotland in terms of devolution?

A

It was part of wider resolution of 30 years of conflict

65
Q

Why were all parties guaranteed ministerial positions in NI govt?

A

All sections of a divided society would see representation and also a device to put off any future armed conflict

66
Q

How has NI assembly been unstable compared to other devolved bodies?

A

Nationalists in govt continue to campaign for more powers to be devolved. But the loyalist unionist community is not particularly enthusiastic about a home rule

67
Q

How has the NI assembly been said to illustrate that the UK is NOT a federal system?

A

The assembly has been suspended 3 times by Westminster due to tension and unwillingness to cooperate with each other.

68
Q

How are differing policies from England positive?

A

democracy - responds to demands of electorate

69
Q

How are differing policies from England negative?

A

Rights in a unitary state are supposed to be the same everywhere - if certain regions have better or worse rights then can lead to resentment.

70
Q

By what formula is the amount that the devolved bodies receive from Westminster calculate?

A

Barnett Formula

71
Q

What does the Barnett formula ensure?

A

that per capita block expenditure has been higher in NI, Scotland and Wales than in England

72
Q

Why do some want the Barnett formula to be scrapped?

A

the combination of devolution and higher public spending. English Democrats believe English taxpayer is subsidising the celtic periphery

73
Q

What was the west lothian question?

A

A constitutional anomaly - after devolution, scottish mps could vote on english domestic matters whilst english mps did not have the vote on scottish or welsh domestic matters

74
Q

What is an example of where celtic votes were crucial?

A

2003 vote on Foundation Hospitals

75
Q

What is EVEL?

A

English Votes for English Laws - a convention that Celtic MPs would abstain on votes only affecting England

76
Q

Why might EVEL benefit the tories?

A

It could take a large portion of their opposition away

77
Q

What does Prof. Vernon Bogdanor believe about the UK?

A

It is legally a federal state but politically acts as a quasi-federal state. Although Westminster has legal sovereignty, it no longer has political sovereignty

78
Q

Why are there limits on parliamentary sovereignty?

A

De jure Westminster is sovereign and can legally overrule or abolish devolved bodies but politically and de facto this is not possible

79
Q

What is devolution protected by?

A
  1. Conventions - Sewel Convention and referendums
  2. Law - Holyrood now backed by statute law
80
Q

What did the Smith Commission recommend?

A

More powers should be devolved

81
Q

Why did it recommend “the biggest transfer of powers to the Parliament since its establishment”?

A

Because it’s problematic that Holyrood has the power to spend money but not raise it in the first place

82
Q

Why did Nicola Sturgeon criticise the Smith Commission report?

A

It did not propose devolution of powers to set the personal tax allowance, corporate taxes or child and working tax credits - still too much power in Westminster

83
Q

How does further devolution pose serious questions about parliamentary sovereignty?

A

Would take more power away from Westminster and lead further to quasi-federalism.

Politics (7 decks)

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