The Constitution Flashcards

1
Q

Sources of Power

A
  • Statute law (momentous AoP that set the Constitution)
  • Common law (Any AoP)
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2
Q

Conventions

A
  • PM shouldn’t sit in the Lords
  • Salisbury convention (Lords don’t oppose legislation that was in the gov manifesto)
  • CMR
  • Ministerial code of conduct
  • House of Commons should vote on military action
  • Referendums for constitutional changes
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3
Q

Blair’s development of the Constitution

A
  • Decentralisation
  • Democratisation
  • Transparency
  • Rights Protection
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4
Q

Devolution

A
  • Devolved powers to Scotland, Wales and NI
  • Referendums in Scotland and Wales
  • Good Friday Agreement
  • Policies are more suited to those in the regions
  • North-East rejected Assembly (78%:22%)
  • London Mayor - encourage accountability and transparency - haven’t encouraged democracy (Andy Street, West midlands mayor, 31.2% turnout
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5
Q

House of Lords Reform

A
  • Removal of all but 92 hereditary peers
  • Life Peers
  • HOLAC established
  • Greater expertise
  • No democratic legitimacy
  • Kier Starmer wants an elected Assembly of Nations and Regions
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6
Q

Electoral Reform

A
  • Jenkins commission
  • AV alternative recommended
  • Blair ignored reports
  • Devolved bodies could have their own ES’s
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7
Q

HRA

A
  • 1998, incorporated the whole ECHR intro British Law
  • Enacted in 2000
  • Protects civil liberties - 2010 HJ+HT vs Home Office
  • Public bodies are expected to work in accordance
  • Could be repealed at any time
  • Cannot be used to strike down Lords
  • Belmarsh Case
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8
Q

Supreme Court

A
  • Established in 2009
  • CRA 2005
  • Law Lords to Justices
  • JAC and HOLAC
  • Powers of Lord Chancellor diminished
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9
Q

(Coalition Gov) Fixed-term Parliament Act

A
  • Election every five years
  • Broken by May and Johnson
  • Was repealed in 2022
  • Meant to increase stability and prevent snap GEs when a gov is strong
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10
Q

Electoral Reform

A
  • AV referendum failed
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11
Q

Parliamentary Reform

A
  • PBBBC (gave backbenchers more control over parliamentary proceeding)
  • Voting on SC membership
  • E-petitions
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12
Q

Devolution

A
  • 2011, Wales voted for PLP (Wales Act 2014)
  • Scottish Act 2016 - could borrow up to 5b
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13
Q

Power of Recall

A
  • Recall of MPs 2015
  • Have to be sentenced, suspended from Parliament for 10 days or lied
  • Peter Bone, Wellingborough 2024
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14
Q

Scottish Devolution

A
  • Ref in 1997 for PLP
  • Have powers in health, housing and education
  • Reserved powers like foreign policy
  • Scotland Act 2012 - vary IT up to 10p and can borrow 5b
  • Can only be abolished by referendum
  • Ban smoking in public, voting age reduced, free uni education, free med prescriptions
  • Voted to stay in EU - 62%
  • Calls for Independence
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15
Q

Welsh Devolution

A
  • Voted against an Assembly at first
  • 1997 gave SLP
  • 2011 gave Wales PLP
  • 2017 Wales Act gave domestic powers and can only be abolished by referendum
  • Rid of single use plastic, opt-out organ donor scheme, climate emergency
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16
Q

Northern Ireland Devolution

A
  • Poor history
  • Good Friday Agreement
  • Power-sharing assembly
  • Shut down 2002-2007
  • SLP - Human Trafficking Act 2015
  • Brexit as caused NI goods crossing problems
17
Q

Devolution should be extended to England

A
  • National identity
  • England has most people
  • Asymmetric UK
  • Devolution has been popular
  • Mayors show that powers can be decentralised
18
Q

Devolution shouldn’t be extended to England

A
  • Increase national tensions
  • Already been voted against
  • Already have Westminster
  • Little demand
  • Could encourage extremism
  • Another layer of gov
  • Turnout for mayors and PCC is low
  • 41% of pop has a metro mayor
19
Q

DEVOLUTION HAS BEEN A CONSTITUIONAL SUCCESS: YES

A
  • Wales and Scotland were governed by Tories which they didn’t vote for
  • Encouraged Self determination
  • Participation has improved
  • Encouraged power-sharing in Ireland
20
Q

DEVOLUTION HAS BEEN A CONSTITUTIONAL SUCCESS: NO

A
  • Asymmetric UK
  • Constitutional conflict between bodies (Westminster didn’t allow second independence ref)
  • Calls for independent Scotland - weaker UK
  • Stormont was closed for periods
  • Turnout of mayors has been low (average is 28%)
21
Q

THE UK SHOULD HAVE A CODIFIED CONSTITUION: YES

A
  • Higher form of law - protection of civil liberties
  • Allow judges to use HRA to strike down
  • SC authority would be enhanced
  • Establish sovereignty
  • Rights of minorities enhanced
22
Q

THE UK SHOULD HAVE A CODIFIED CONSTITUTION: NO

A
  • Uncodified allows for flexibility
  • Uncodified puts power more with representatives over judges
  • Civil Liberties are protected by HRA
  • Uncodified allows for a more flexible relationship with devolved bodies