The Constitution Flashcards
-Devolution is unfair
- Extended range of powers being devolved to a range of city regions based on major cities such as Birmingham, Manchester and Bristol, often led by a directly elected mayor. For example, Labour Andy Burnham was the first elected mayor of greater Manchester in 2017. This strengthened the powers of the regional government of the UK, debated matters of local community, and held the executive to account.
- The 1997 devolution referendum following the creation of the Scottish parliament and the transfer of devolved powers from Westminster to Holyrood extended and deepened democracy in scotland. It established accountable self-government allowing Scottish decision making on key issues in line with the choices of people in scotland. It also introduced a fairer voting system for devolved elections, power over health service, education and transport
- 1998 Belfast agreement for northern Ireland decentralised limit excessive executive powers and ability to control parts of the UK which is not clearly associated with domestic matters, It set up a new government for Northern Ireland, representing both nationalists and unionists..The Westminster government gave this government control over key areas such as health and education .
against
1Power could end up being too fragmented. Legislation can end up being confusing. For example, Sadiq Khan to decriminalise weed in London boroughs and not other parts of the country.
2. undermines parliamentary sovereignty of UK. The 2016 Scotland Act further constrained parliamentary sovereignty by establishing that Westminster cannot legislate on devolved areas without consent and devolution can only be overturned by a referendum.
3. The public are not necessarily keen on an English Parliament. Eg 2004 North-east England elections saw 77% vote no for regional devolution of powers. Also opinion polls seem to suggest there is little support for an English Parliament
For:
It has been successful and vastly accepted. Eg the Scottish Parliament introduced in 1999, as well as the Welsh Parliament and the Northern Ireland Parliament
Mayors introduced for example Mayor of Manchester in 2017, Andy Burnham
Removes the idea of over centralisation. Westminster is seen as an English Parliament
Devolved powers help solve the Barnett formula. The Barnett formula is spending less in certain areas in the UK per capita. Having devolved powers will help the UK increase spending in deprived areas
Devolved powers refer to Westminster as sovereign
4 nations are stronger together, Blair’s scotland constitutional reform
Belfast Agreement 1998. Northern Ireland used STV. Have the powers on Healthcare, Education and Transport
Against:
Power could end up being too fragmented. Legislation can end up being confusing. For example, Sadiq Khan to decriminalise weed in London boroughs and not other parts of the country
An English parliament would reduce the power of the UK Parliament. England holds 84% of the population, showing its representation
The public are not necessarily keen on an English Parliament. Eg 2004 North-east England elections saw 77% vote no for regional devolution of powers. Also opinion polls seem to suggest there is little support for an English Parliament
Evaluate the view that constitutional reforms introduced since 1997 have achieved their objectives
1.The freedom of information act in 2000.Freedom of information act, provides the public with access to information held by public authority. Revealed hundreds of thousands of phone calls to 101 emergency police going unanswered annually, more transparency.
2. Reduce the powers of the House of Lords -When the Labour government took office in 1997, the House of Lords was dominated by hereditary peers who owed their titles to inheritance. In what was intended as a transitional reform two years later, the government ended the right of all but 92 of these peers to sit in the Lords. House of Lords reform would reduce the influence of Labour’s opponents within the political system, as the majority of hereditary peers supported Conservative governments. The removal of most hereditary peers also gave the Lords a more ‘modern’ appearance
3.The 1997 devolution referendum following the creation of the Scottish parliament and the transfer of devolved powers from Westminster to Holyrood extended and deepened democracy in scotland. It established accountable self-government allowing Scottish decision making on key issues in line with the choices of people in scotland. It also introduced a fairer voting system for devolved elections, power over health service, education and transport .
against
1.In 2008 the government tried to block a request to expose information about MPs expenses claims,information was leaked into daily telegraph. MPs were forced to give up their seat because reform was weak before information was revealed. Government still had time to repeal for some time, likely other things the government was concealing.
2. House of lords are unelected and they can influence decisions and can change decisions made by the house of commons. During the Brexit legislation in 2017-2018, most observers didn’t think that the house of lords could play a crucial role. Conservatives and labour implemented for leaving the EU. however at the end of the process the government had been defeated by the house of lords 15 times in lords votes. It shows that the house of lords are still vital in parliament.
3.
undermines parliamentary sovereignty of UK. The 2016 Scotland Act further constrained parliamentary sovereignty by establishing that Westminster cannot legislate on devolved areas without consent and devolution can only be overturned by a referendum. David Cameron also stated in 2015 that the Scottish Parliament is going to be one of the most powerful parliaments in the world.
Evaluate the view that the UK need a codified constitution
1.Attacks on New York and Washington 2001, the threat of international terrorism became more visual, if the UK was entrenched it would become extremely difficult for parliament to pass a wide range of antiterrorism measures because of many constitutional restraints. Parliament could do what it wished, USA and other European countries had greater problems introducing anti terrorist legislation then the UK has.
2.In the 2010 election a coalition formed, there was no majority, there was confusion on what to do. Never happened for around 70 years, nevertheless the system was flexible to adapt to the new set of principles, was quietly drawn up and the coalition government was formed relatively smoothly.
3. allows the constitution to adapt and change to the new modernising world. -Scotland Act, Northern Ireland Act and Government of Wales Act 1998.
against
1.can infringe on human rights -There were numerous other measures introduced by Labour, claimed as necessary to fight the so-called “war on terror”, which was seen as perhaps the most serious threat to civil liberties.MPs rejected Blairs call for the pre-charge detention limit for terror suspects to be increased from 14 to 90 days. The move had attracted warnings of a possible infringement of habeas corpus. MPs later agreed on an increased time limit of 28 days.
2.executive may become too powerful. - abuse of power by PM using their prerogative powers. -AGREE:
The Supreme court ruled over the executive. In 2019 uk supreme court of appeal and recently ruled lawfulness advice given by the queen by boris johnson to prorogue parliament for 5 weeks. The president of the supreme court explained all 11 justices sat on penal during 3 day hearing because the issue of whether parliament had lawfully prorogued was an issue of constitutional impatience. If Gina Miller’s appeal has not leaked out of parliament, they would have been prorogued until 14th october 2019, would have been scheduled a little over 2 weeks from the scheduled date for the uk to leave the EU. EU law forms part of the constitution so if the PM should be scrutinised by parliament as its a democratic body, most likely a codified constitution, PMs drive would have not been justifiable.
3. too many amendments in the constitution can lead it to be very complicated to understand. there has been 67 constitutional amendments since February 27 , 2017. lack of understanding of the constitution values the importance of the constitution, means the government are less required to follow the statutes.
Evaluate the view that the UKs constitutional arrangements undermine democratic principles
- Gives too much power to PMs, in 2019 uk supreme court of appeal and recently ruled lawfulness advice given by the queen by boris johnson to prorogue parliament for 5 weeks. The president of the supreme court explained all 11 justices sat on penal during 3 day hearing because the issue of whether parliament had lawfully prorogued was an issue of constitutional impatience. If Gina Miller’s appeal has not leaked out of parliament, they would have been prorogued until 14th october 2019, would have been scheduled a little over 2 weeks from the scheduled date for the uk to leave the EU. EU law forms part of the constitution so if the PM should be scrutinised by parliament as it’s a democratic body, most likely a codified constitution, PMs drive would have not been justifiable.
- House of Lords - undemocratic body. still hold a lot of power that can reduce power of elected bodies.House of lords are unelected and they can influence decisions and can change decisions made by the house of commons. During the Brexit legislation in 2017-2018, most observers didn’t think that the house of lords could play a crucial role. Conservatives and labour implemented for leaving the EU. however at the end of the process the government had been defeated by the house of lords 15 times in lords votes. It shows that the house of lords are still vital in parliament.2021-22 session also saw the largest number of defeats in one day since 1999, 14 on 17 January 2022.
3.The House of commons is made up mostly by the government and the government is elected through an unrepresentative system(FPTP). In 2019, the conservatives held 43.9% of votes, they gained extra 48 seats despite an increase of only 1.2% and 56% of votes left unanswered. The green party, lib dems, brexit party received 16% of the votes(5.2 million) between them and yet they only shared 2% of the seats. Lib Dems were also more disadvantaged; they lost a seat despite increasing the overall share vote of 4%. The conservatives gained 365 seats and this is above 50% of the seats in parliament.
against
1. The 3 separate branches consisting of the Supreme Court. limits the power of the legislative power and government.If Gina Miller’s appeal has not leaked out of parliament, they would have been prorogued until 14th October 2019, would have been scheduled a little over 2 weeks from the scheduled date for the uk to leave the EU.
2. House of Lords - since 1997 House of Lords act. reduce in power. limited hereditary peers to 97. salisbury convention. delay bill for a year.House of lords can’t stop peerage, 2020 house of lords appointments commission objected nomination of the tory donor peter crueldas, who had offered access to cameron and other ministers in exchange for party donations, Johnson ignored the usual protocol and did it anyway(3 days after he took his seat, crueldas gave the conservative party 500,000 taking donations well over 3 million.)
3.reduce extremist parties from interfering, still can get their objectives through. UKIP, one seat in 2015 with 12.6% of votes. still got Brexit done.
Evaluate the view that the house of commons fulfils its representative function more effectively than its legislative function
1.The House of commons is made up mostly by the government and the government is elected through an unrepresentative system(FPTP). In 2019, the conservatives held 43.9% of votes, they gained extra 48 seats despite an increase of only 1.2% and 56% of votes left unanswered. The green party, lib dems, brexit party received 16% of the votes(5.2 million) between them and yet they only shared 2% of the seats. Lib Dems were also more disadvantaged; they lost a seat despite increasing the overall share vote of 4%.
2.Commons is still not truly representative of society as a whole. 29% of MPs elected in May 2015 were female – an increase on the 2010 figure, which was 22 % – compared to 51% of the UK population. Currently 2019, 8% of MPs are BAME - the highest level since records began - but according to census data, 19.5% of the population comes from an ethnic minority.
against
3.Prime ministers with little or no majority in the House of Commons are more likely to come under pressure from rebellious MPs and will have to work much harder at securing the passage of legislation. Margaret Thatcher and Tony Blair suffered only four defeats in House of Commons votes in their respective 11 and 10 years as Prime Minister. minority governments are very uncommon.
1reduce extremist parties from interfering, still can get their objectives through. UKIP, one seat in 2015 with 12.6% of votes. still got Brexit done.
2.May 2015 were female – an increase on the 2010 figure, which was 22 %
Between 1918 and 2024, a total of 564 women have been elected as Members of the House of Commons. As of February 2024 there are 225 women in the House of Commons, the highest ever. This remains an all-time high at 35% and is the first time that female representation in the House of Commons is at more than a third.[2] The previous number was 208, set in 2017, which accounted for 32% of members elected or re-elected that year.[3] Additionally, at the 2019 general election more female than male Labour MPs were elected or re-elected (104 women out of 202 MPs in total) – the first time in Labour’s history that this has happened.
3. lack of scrutiny from MPs, party whips.Nowadays, PMQs humiliate the opposition rather than scrutinise legislation, ‘Tory Sleaze’
