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Politics > The constitution > Flashcards

The constitution Flashcards

1
Q

define constitution

A

set of rules for the government and sets out power and responsibilities

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2
Q

why do we need a constitution

A
  • political stability and order
  • support democracy
  • important after revolution or upheaval
  • define a nation
  • protects rights
  • often basis of all laws
  • helps to prevent abuse of power
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3
Q

define codified constitution

A

written down in one document and have a higher status than other laws, like USA

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4
Q

features of codified constitution

A
  • entrenched- protected by higher courts and needs special procedures to amend
  • federal- power is shared between institutions
  • rigid- hard to amend and alter
  • judicable- the judiciary are the final arbiters and guardians of the constitution and can declare the government’s actions unconstitutional
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5
Q

define uncodified constitution

A

made up of several sources which are not all written, and is the same status as other law, like UK

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6
Q

features of uncodified constitution

A
  • non-entrenched- constitutional laws are no different from statue laws
  • unitary- power is concentrated within a single body, like Parliament
  • flexible- changed without lengthy or difficult process
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7
Q

magna carta 1215 on constitution development

A
  • signed by King John to promote peace between him and his barons
  • demand of monarchical power so they are less powerful
  • stated no one should be deprived of liberty or property without due process of the law
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8
Q

bill of rights 1689 on development of constitution

A
  • passed by Parliament in response to rule of King James II
  • parliamentary sovereignty established
  • reinforces habeas corpus- no illegal imprisonment
  • protected freedom of speech in parliament
  • only parliament can levy taxes
  • no excessive bail or cruel or unusual punishment
  • parliament must be held frequently
  • free elections
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9
Q

act of settlement 1701 on development of constitution

A
  • ensured crown would pass through sophia’s line and remain in protestant hands
  • led to formation of the UK with inclusion of Scotland
  • have to be a british citizen to be a MP
  • no one receiving money from the crown can be a MP
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10
Q

acts of union 1707 on development of constitution

A
  • parliament has control over all of UK but scotland wanted federal approach
  • scotland keep their own church, legal system and local government
  • referendums in 1979, 1997, 2014 for scottish devolution and independence
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11
Q

Parliament Act 1911 and 1949

A
  • people’s budget proposed a new land tax which conservative peers opposed so liberal government reduced the power of the Lords
  • they could delay legislation for 2 years, cannot veto bills that originated in the commons, and Parliament term reduced from 7 to 5 years
  • 1949- reduced delaying power to one year and money bills could only be delayed for a month and not amended
  • allows supremacy of commons as the elected house
  • encouraged stronger views to be expressed in the Lords
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12
Q

European communities act 1972

A
  • Britain joined european economic community ( now EU)
  • EU law would take precedence over UK law
  • helps when UK is in conflict and can refer to EU law
  • voted to leave in 2016
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13
Q

sources of UK constitution in order of importance

A
  • (EU law/ treaties)
  • statute law
  • common law
  • conventions and authoritative works
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14
Q

what is statue law and examples

A

laws passed by parliament, which are sovereign as Parliament is sovereign
( 1998 Scotland Act, Government of Wales act and Northern Ireland act created devolved bodies)

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15
Q

what is common law and examples

A

legal principles laid down by judges in their rulings, which provides precedent for later judgements
(habeas corpus- protection against unlawful imprisonment)

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16
Q

what are conventions and examples

A

customs and practices that are not legally binding but generally accepted over time
(government will not order military action without approval from Parliament, royal assent of bills)

17
Q

what are authoritative works and examples

A

textbooks and widely respected constitutional documents that help explain the political system
(Dicey, Bagehot, Magna Carta)

18
Q

what is EU law/treaties and examples

A
  • agreement with other EU states, however not since 2016, and treaties with other countries
    (Maastricht treaty)
19
Q

define parliamentary sovereignty and features

A

principles that Parliament can make, amend or unmake any law and gave absolute power in the country
- legislation cannot be struck down by higher body
- no parliament can bind its successor so laws can be changed and amended
- can make laws on any subject
- can restore itself any devolved powers

20
Q

define rule of law and features

A

all people and bodies must follow the law and can be held to account if they do not
- everyone is entitled to a fair trial and no one should be imprisoned without the legal process
- all citizens are equal
- public officials are not above the law
- judiciary must be independent of political interference

21
Q

define devolution

A

giving away of power from central authority to a more local level

22
Q

devolution in england

A
  • 1999 london mayoral referendum brought back a london mayor and greater london authority under blair- share oversight on areas like transport and political
  • by 2015, a further 16 areas like liverpool and greater manchester adopted the elected mayor model
  • north east referendum in 2004 denied creating elected regional assemblies by 78%
  • blair set up regional development agencies but was scrapped under the coalition
  • “metro mayors” were created under the coalition which aimed to create the “northern powerhouse” and tried to drive regional growth by letting them make their own policy on housing, skills etc
23
Q

devolution in scotland

A
  • referendums in 1997 on devolved powers to scotland and to allow scottish parliament tax-raising powers, which were both won
  • scotland act 1998 gave primary powers and tax varying powers on income tax +/- 3%
  • scotland act 2012 gave an increased to tax-varying powers to +/- 10% and devolution of some other taxes
  • scotland act 2016 extended powers on transport, energy, social security, and full power over income tax
  • primary legislative powers without direction from Westminster, like no tuition fees
24
Q

devolution in wales

A
  • 2011 welsh referendum concluded 63.5% supporting transfer of direct law making power in 20 devolved powers like education, housing etc
  • wales act 1998 gave secondary legislative powers to the assembly
  • wales act 2014 gave minor tax powers and a referendum on income tax-varying powers
  • wales act 2017 allowed for further powers in transport and energy and varying income tax-paying power by +/- 10%
25
Q

devolution in northern ireland

A
  • 1998 good friday agreement referendum resulted in 70% voted in favour, and led to devolution to bring unionist and nationalists together
  • periods of suspension by UK government (2002-2007) due to breakdown of trust between unionist and republican groups
  • devolution of policing and criminal justice in 2010
  • 2015 corporation tax act devolved power to set corporate tax
  • reserved matters that are normally under the domain of Westminster can be legislated on with consent from NI secretary including financial services, firearms and broadcasting
26
Q

positives of devolution

A
  • more to local power
  • stop break up of UK
  • increase democracy and representation
  • allows innovation and new ideas
  • consensus politics
  • devolved assemblies are popular in the regions
  • secured peaceful NI for 20 years
27
Q

negatives of devolution

A
  • bureaucratic
  • asymmetric with different powers, like Wales has the weakest powers
  • still break up of the UK like scotland wanting independence
  • no codified in the constitution and westminster can take the powers away
  • west lothian question where non-english MPs can vote in Westminster but not vice versa
  • no strong desire for it, wales with low turnout (32.9%)
28
Q

how much of england is covered by economic devolution by population and economic output

A

41% of population
49% of economic output- urban areas

29
Q

examples of erosion of parliamentary sovereignty

A
  • eu law prevails over british law, and up to 2020 was binding on successor Parliaments
  • executive power has grown
  • use of referendums, where popular vote usually leads to governments following the outcome
  • HRA and ECHR
  • devolution
  • political restraints like pressure groups and trade unions
  • growing influence of media and public opinion- media endorsement
30
Q

pressure for reform in the 1990s

A
  • demands for modernisation under New Labour, like being open to demands from Charter 88 who wanted more open democracy and stronger guarantees of citizens rights
  • experience of conservative rule and lack of constitutional reform meant more people wanted it
31
Q

constitutional changes under Labour 1997-2010

A
  • house of lords reform- removed all but 92 hereditary peers, took powers away
  • electoral reform- PR in all devolved assemblies
  • devolution- devolved bodies following referendums in 1997-98
  • human rights act 1998 to make ECHR accessible in UK courts
  • creation of supreme court
  • freedom of information act 2000
32
Q

constitutional changes under coalition and conservatives

A
  • plans dropped for mainly elected HoL
  • referendum in 2011 for AV, but did not work
  • conservatives wanted to change to a british bill of rights
  • scotland and wales received more devolved powers, like direct law making powers
  • EVEL
  • fixed terms parliament act- election has to be called every 5 years
  • wright reforms redistributed power to backbenchers
  • recall of MPs across meant by elections can be triggered if at least 10% of constituents sign a petition
33
Q

debates for further voting reform

A

+ provide answer to west lothian question
+ facilitate a more federal model
+ allow for greater regional identity
+ helped solve regional problems like nationalists and unionists in NI
- asymmetric devolution
- england would dominate a federal assembly and its relationship with westminster would be complicated

34
Q

debates for electoral reform

A

+ PR in devolved areas is proven to be more representative
- AV referendum shows no appetite
- small parties don’t get represented

35
Q

debates for HoL reform

A

+ raise legitimacy of second chamber
+ more effective check on the executive
+ more professional and knowledgable people
- might challenge the authority of the commons

36
Q

alternative reform of Lords

A
  • reducing size of Lords to 600 within ten years
  • restricting new peerages to 15 year terms
  • appointing peers in relation to party’s election performance
37
Q

debates on changing UK constitution

A

+ can entrench human rights act and make it harder for parliament to take our rights away
+ power of executive will be restrained
- judges are not the best people to regulate the constitution as they are unelected
- no public demand for codified constitution and hard to come up with what it would entail

Politics (14 decks)

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