THE CONSTITUTION

Question 1

describe the nature of the UK constitution, and explain each definition

Answer 1

1. un-entrenched
   - laws in the UK are not entrenched, and so have a level of flexibility to change by an Act of Parliament
2. un-codified
   - the constitution comes from a range of sources, one of the sources being this idea of interpretation, which is equal to all other laws
   - the constitution and its contents doesn’t come from one source
3. unitary
   - a system of government whereby power is centralised and concentrated in a main government
   - legal sovereignty is centralised in the gov
   - administrative divisions have power which only the central government has given to them

Question 2

what are the twin pillars of the constitution and describe this dynamic

Answer 2

1. parliamentary sovereignty
   - the concept that parliament is the supreme, authoritative body in government, there is no other body which can adopt its power
2. the rule of law
   - equal treatment and accountability under the law, and promotes the law creating a democratic state

*the idea that these two policies should complement one another to enforce a balance between sovereignty and accountability
- parliament must enact laws which enforce the rule of law
- describes how parliament should operate

Question 3

what are the 6 main sources of the UK constitution and describe each source

Answer 3

1. statute law
   - there is no higher law - laws approved by both houses of parliament and there is no greater source of the constitution
2. common law
   - laws which are interpreted by the judiciary, due to a lack of specificity in statute law, and which set precedents
3. conventions
   - political traditions, which are not legally binding but widely recognised and influential in politics
4. authoritative works
   - written texts with major political significance which help to make up the constitution
   - describe how governments run, but is not legally binding
5. treaties
   - legally binding written agreements between political or international institutions
6. royal prerogative
   - powers designated by the monarch to be used by the PM

Question 4

when common law is enacted, what happens

Answer 4

common law becomes equal to statute law

HOWEVER: interpretations made by the judiciary (ie common law) cannot contradict statute law

Question 5

define federal, entrenched and codified

Answer 5

federal:
- power of a central, ‘federal’ government, but powers are reserved to individual states, giving states a degree of sovereignty

entrenched:
- laws are deeply embedded in a system and are therefore less flexible
- therefore, a supermajority is required to amend such laws

codified:
- one single document which contains all operational government measures

Question 6

bullet point the characteristics of the UK constitution

Answer 6

• evolutionary
• flexible
• constitutional monarchy - balance of power between the monarch and parliament (ie King is the head of state)
• un-codified
• unitary (TURNING QUASI-FEDERAL)
• un-entrenched
• promoting the ‘twin pillars’ of the rule of law and parliamentary sovereignty

Question 7

what are the functions of a constitution

Answer 7

• regulates the relationships and power dynamics between the branches and institutions in gov
• establishes and outlines the duty, composition and functions of the government (LIMITED GOVERNMENT)
• outlines the relationship between the state and individual, to entrench the rights of citizens - LIMITED GOV to protect individual rights

Question 8

define devolution

Answer 8

• the decentralisation of power from the central government to sub-bodies and institutions, which challenges the idea that the UK constitution is unitary
• devolution has allowed it to become quasi-federal

Question 9

give the 6 key political documents which allow for the development of the constitution

Answer 9

1. 1215 Magna Carta
   - gives people the right to a swift and a fair trial, and limits the king’s powers
   - protection from arbitrary arrest
2. 1689 Bill of Rights
   - established free and fair elections which would eradicate cruel punishment
   - protect people from arbitrary arrest
   - increase power of parliament
3. 1701 Act of Settlement
   - strengthened the parliamentary system of government (as it would not allow catholics to take the throne) which further took power from the monarchy and invested it into the public
4. 1707 Acts of Union
   - formed GB and invested power into Westminster
   - collective unification
5. 1911+1949 Parliament Acts
   - 1911 - parliament could only delay laws for two years
   - 1949 - parliament can only delay laws for one year, and cannot veto money bills - limited the power of the house of lords, and enhanced the power of the commons

6.1972 European Communities Act
- the UK formally became a part of the EU under the treaty of Rome and had access to the European Economic Community
- EU law is superior to UK law

Question 10

explain what is meant by a unitary government

Answer 10

• central government (ie westminster) has supreme political power over any local / sub-government
• this means the legislature is sovereign, and the most authoritative institution in government

Question 11

describe the 3 features of an uncodified constitution

Answer 11

1. they are not authoritative
   - the laws of uncodified constitutions can be changed through ordinary acts of parliament
2. they are not entrenched
   - laws are easy and more flexible to change
   - the constitution and its laws are at the same level as regular laws - not engrained
3. they are not judiciable
   - because they are uncodified, and the constitution is not the highest body, there is no clear legal standard to declare laws to be unconstitutional or not and for laws to be judged against it
   - limits checks and balances

Question 12

is an un-codified constitution flexible or not flexible

Answer 12

flexible - laws are not entrenched and its quasi-federal nature means that there is that flexibility for devolved legislatures to make more pragmatic and targeted decisions

Question 13

how is the UK constitution amended

Answer 13

• through a public referendum to have political legitimacy on the matter
• through a parliamentary vote (because it is un-entrenched)

Question 14

describe the 2017 3 line whip on the EU withdrawal bill for Labour

Answer 14

• a 3 line whip was imposed on Labour MPs to vote against the EU Withdrawal Bill
• if you do not vote along party lines in these types of whip, you will have the whip suspended and are suspended from the party
• this displays how parties try to install unity and cohesion which expands the power of the opposition against the governing party

Question 15

give examples of statue law

Answer 15

1. statute law
   - Parliament Acts of 1911 + 1949
   - Freedom of Information Act 2000
   - Human Rights Act 1998 - ECHR
   - 2011 Fixed Term Parliament Act - hold an election whenever, as long as it is once every 5 years
   - 1999 House of Lords Act - removes and limits hereditary peers in the Lords to 92
   - 2005 Constitutional Reform Act - establishment of the SC - separate from Parliament

Question 16

give examples of conventions (4)

Answer 16

• the monarch will never refuse assent to a parliamentary bill
• if the government is defeated in a vote of no confidence in the House of Commons, it must resign - ie 1979 Callaghan
• Salisbury Convention - Lords cannot block a bill in the governing party manifesto
• the PM must consult the commons on military intervention (ie Cameron in Syria)
• PM must be a member of the HoC
• decisions of the Judiciary cannot be criticised by MPs or Ministers in public
• collective ministerial responsibility
• Parliament must meet at least once a year

Question 17

give examples of works of authority

Answer 17

1. Dicey - 1885 - intro to the study of the law of the constitution
2. Erskine May - 1844 - Parliamentary Practice
3. Bagehot - the English Constitution in 1867

Question 18

describe royal prerogative and give examples

Answer 18

• formal powers held by the monarch but exercised by the PM

examples:
- dissolution and summoning of parliament
- control of foreign policy
- power to declare war
- appoint and dismissal of ministers, judges, bishops, archbishophs (ie lords)

Question 19

give examples of common law

Answer 19

2. common law
   - A v Sec of State for the Home Department (law lords declare that the detention of people suspected of terrorism without trial is illegal)

• M v Home Office 1993 - the Home Sec cannot ignore the rule of law
• Costa v ENEL - established primary of EU law over member state law

however, courts cannot overrule parliament, and power lay with parliament because it consists of elected representatives

Question 20

is parliamentary procedure binding or not binding for future governments

Answer 20

parliamentary laws cannot be overturned, unless by future governments

Question 21

what was the issue of brexit and the passing of legislation

Answer 21

EU laws has to be replaced, so new bills could not be properly reviewed and scrutinised if they are all being passed too quickly
- laws would be implemented on behalf of devolved areas - less autonomy

Question 22

what is secondary legislation

Answer 22

a law which is not enacted by parliament, but by a government minister, under the power given to them in that law

Question 23

give examples of treaties

Answer 23

• Treaty of Rome which incorporated EU law into UK law
• 2024 - Partnership and trade treaty with Albania
• AUKUS - a treaty between the UK, Aus and US to promote stability in the indo-china sea
• Maastrict Treaty / Lisbon treaty

Question 24

list the pros of an uncodified constitution

Answer 24

• evolutionary / modern

Question 25

list the cons of an uncodified constitution

Answer 25

• less clear
• reliant on customs and traditions
• not authoritative, entrenched or judiciable

Question 26

give some more modern examples of significant works / acts of parliament

Answer 26

• 1998 Human Rights Act - incorporate ECHR into law
• 2010 Equality Act
• 2013 Marriage Act which legalised same-sex marriage

Question 27

describe and give examples of the key constitutional reforms made under Blair in the categories of:
- house of lords reform
- electoral reform
- devolution
- human rights act
- supreme court

Answer 27

1. 1998 Human Rights Act (enshrined into ECHR)
2. passing of key devolution laws (see later flashcard)
3. House of Lords Act 1998 - reduces the number of hereditary peers to 92 - more professional and efficient body
4. Passing of the PPERA act (political parties, elections and referendums act) - enforced regulations on political parties and spending per constituency in one election
5. passing of the 2000 Freedom of Information Act
6. introduction of the Wright reforms 2009
7. introduction of the Constitutional Reform Act 2005
8. passing of the Good Friday Agreement with Ireland

Question 28

describe and give key examples of key constitutional reform made under the Coalition 2010-2015

Answer 28

1. 2011 Fixed Term Parliament Act
2. introduction of English Votes for English Laws in 2015 (was stopped in 2021)
3. devolution measures, notably to Wales and other devolved bodies (described in other flashcards)
4. House of Lords Bill in 2012
5. House of Lords Reform Act 2014 - members of the lords could be forced to be removed for breaching their power
6. expansion of the freedom of information act
7. recall of MPs act 2015
8. electoral system voting measures - look at AV referendum and the use of AMS in london assembly elections in 2000 (more of a shift toward proportional voting measures)

Question 29

give a detailed breakdown of devolution in SCOTLAND

what are the reserved powers of Westminster

Answer 29

1. 1998 Scotland Act - allows for the establishment of the Scottish parliament (Holyrood), along with giving primary powers (healthcare, education) and tax varying powers to Holyrood
2. 2012 Scotland Act - devolution of additional taxation etc
3. 2014 Scottish Independence Referendum - led to the SNP gaining 56/59 seats in scotland due to a close referendum result 55% to 45%
   - as a response, Cameron initiates the formation of the Smith Commission, which recommended that expansive devolution was considered and would be fully enforced in the 2016 Scotland Act
4. 2016 Scotland act - expanded Scottish powers in terms of transport, energy, social security and income tax

reserved powers:
- immigration
- defence

Question 30

describe the changes made in the 2009 Wright Reforms

Answer 30

• establishes Backbench Business Committees, which would have 20 days to promote debates over topics of their choice
• chair of select committees was established by secret ballot
• composition of committees would be proportional to the party composition of the house of commons
• this would expand parliamentary scrutiny and ensure the work of governments are closely watched

Question 31

describe and give key examples of key constitutional reform made under the Conservative government post 2015

Answer 31

1. enforcement of English Votes for English Laws from 2015-2021
   - balance of power in legislature and promote fair representation
2. BREXIT* 2020 - referendum on continued membership of the EU (EU referendum bill and EU withdrawal bill to trigger article 50)
3. devolution laws introduced, esp in Scotland and England
4. repeal of the fixed term parliament act in 2022 - limits executive power

Question 32

give a detailed breakdown of devolution in WALES and describe what powers its government currently has

Answer 32

1. Government of Wales Act 1998 which created a national assembly, allowing elections in 1999 + giving secondary legislative powers (ie can only interpret laws, not create them)
2. Government of Wales Act 2006 which created a Welsh Assembly Gov and executive body which is different from the National Assembly + referendum on primary legislative powers
3. 2011 Welsh Referendum - 64% ‘yes’ to give Wales the power of passing primary legislation by expanding powers of the National Assembly (60 members) and acting on devolved matters without approval from Westminster (ie health and education)
   — Silk Commission established, which examined how devolution could be used to further benefit wales
4. 2014 Wales Act - devolution of financial power
5. Wales Act 2017 - gave more powers of transport and energy, along with income tax varying powers (formulate policy in all parts, except those reserved to Westminster)

powers:
- education
- environment
- health
- welfare
- agriculture
- transport
- economic development

powers still with westminster:
- defence
- economic policy
- foreign policy
- energy
- immigration

Question 33

give a detailed breakdown of devolution in IRELAND and describe what powers its government currently has

Answer 33

powers in NI came in 3 forms:
1. transferred - powers given
2. reserved - could be transferred in the future (with support from nationalists and unionists)
3. excepted - powers reserved to Westminster which cannot be transferred

1. Northern Ireland Act 1998 and the Good Friday Agreement - allow for a devolved assembly of 108 representatives through PR and elections in 1998, creates a ministerial council to promote co-operation
   (when elections are allowed, in 1998, 75% of voters supported the Good Friday Agreement)
2. 2007 - devolution was renewed in the St Andrews agreement
3. 2010 - devolution of policing and criminal justice
4. Corporation Tax of 2015 - devolved power to NI to set corporation tax

powers:
- transport
- economic development
- education
- housing
- environment
- justice
- agriculture
- health
- welfare
- social services

not powers:
- defence
- nationality
- foreign policy
- energy

Question 34

give a detailed breakdown of devolution in ENGLAND

Answer 34

1. Greater London Authority Act 1999 - allow for directly elected mayors and an assembly, which held elections in 2000 under AMS
   - attempted to create elected regional assemblies, which had a 78% no vote
   - established the Greater London Authority in 2000
2. English Votes for English Laws imposed in 2015 - which meant the representatives in devolved nations could not rule on matters which did not apply to them, but attempted to create a more representative political environment and ensure english concerns were dealt with by people with expertise - ended in 2021
3. the coalition government holds metro mayor elections in 2012 - only Bristol adopts a metro mayor, 78% vote no in 2012 elections in the north east – ie the West Midlands has a mayor (Andy Street)
4. Cities and Local Government Devolution Act 2016 - directly elected mayors, and devolved power over housing, education, transport etc
5. establishments of Regional Development Agencies under the Blair government in environment, transport etc – more regional and local control

Question 35

electoral reform under Blair

Answer 35

• passing of the PPERA Act - political parties, elections and referendums act 2000, which would regulate elections and referendums to ensure a fairer elections process, and eradicate the influence of money and finances in shaping voting behaviour and results
• London Assembly Elections 2000 - adoption of the AMS voting system to promote a degree of proportionality
• European Parliamentary Elections Act of 1999 which introduced a closed-list party system in European Parliamentary elections for the British politicians being elected - D’Hondt method which promote proportional representation to elect these 87 individuals
• Local Government Act 2000 - introduced the potential for directly elected mayors, not on a party basis
• introduction of the Jenkins Commission which would recommend the system of AV voting - this failed, but encouraged the coalition government to pursue this

Question 36

changes to the Supreme Court under Blair and describe these changes

Answer 36

• Constitutional Reform Act 2005 - creation of a supreme court, which would separate powers between law lords and members of parliament (remove a fusion of powers between the judiciary and legislature / any possibility of political bias in carrying out trials) to establish an independent judiciary and ensure proper transparency
  —– meant that senior politicians could not be elected to be in the courts, only those of high legal status to promote proper legal consideration
• would create the JUDICIAL APPOINTMENTS COMMISSION - ensure all members of the judiciary are appointed
• Constitutional reform and governance Act of 2010 which transferred power from the crown to parliament to ratify treaties, and would force a commitment to referendums
  (the act also established the idea that British forces could not be committed to combat without approval from parliament - ie 2003, Blair asks parliament for approval over troops in Iraq)

*would promote the independence of these branches of government and prevent government interference – would create a separate body to give it legal legitimacy

• removed the role of lord chancellor, and instead created the justice minister role

Question 37

devolution changes under Blair - just bullet points

Answer 37

scotland
- scotland act 1998
wales
- government of wales act 2006
- government of wales act 1998
ireland
- good friday agreement

england:
- creation of Regional Development Agencies
- attempted establishment of direct mayors
- AMS vote to make london assemblies

Question 38

house of lords reform under Blair

Answer 38

• house of lords act of 1999 - reduced the number of hereditary peers to 92 (CRANBORNE COMPROMISE) - wanted to remove the traditional associations with the house
• promoted a system of appointments, not hereditary nature

*reform to the lords under Labour was limited - there was too much internal party split about what MODERATE reform could look like, as the party did not want to undermine the foundations of parliament by implementing radical changes to the lords

Question 39

rights protection reform under Blair

Answer 39

1. HRA of 1998
   - an act which incorporated UK law into european law under the ECHR
   - empowered the courts to create a declaration of incompatibility, if the government was violating individual rights, as the HRA would now entrench the bill of rights
   - gave more adequate and enshrined protections to individual human rights in the UK, as laws now cannot contradict this act
   - the HRA became regarded as the new bill of rights, which entrenched individual rights within the UK
2. Freedom of Information Act 2000
   - all information would be disclosed and provided to the people, but could be concealed if it interferes with government activity and intentions
   - aimed to expand government transparency

Question 40

give potential paragraphs to talk about when talking about reform and the changes it has brought and give examples under each of the 4 headings for the BLAIR gov

Answer 40

• democratisation
  
  • electoral reform
  • supreme court creation
• decentralisation
  
  • devolution
  • creation of the supreme court
• protection of rights
  - HRA
  - freedom of info act
• modernisation
  - reform to the lords
  - wright reforms
  - electoral reforms
  - modernisation of the judiciary

Question 41

devolution under the coalition government from 2010-2015 (just bullet point)

Answer 41

• 2012 Scotland Act
• 2014 Scottish Independence Referendum
• 2014 Wales Act
• 2011 Localism Act - increased the autonomy of the local government and expand the power over councils financially etc
• attempts at introducing directly elected ‘metro mayors’ - introduced in Bristol in 2012

Question 42

electoral reform under the coalition government and describe each

Answer 42

1. Fixed Term Parliaments Act of 2011 - gave the government to call an election whenever they wanted, as long as it was held once every 5 years - parties have the authority to hold elections whenever they want
   - an early election could only be called through a vote of no confidence, which would force a new government to be formed within 14 days
   - an early election can be allowed by a 2/3 majority in the house of commons or if there was vote of no confidence
   *aimed to remove the expansive authority of the ruling party to manipulate election timing
2. AV referendum 2011 - resulted in a ‘no’ for AV voting to be used for general elections
   - 68% no - against lib dem demands
3. Parliamentary Voting System and Constituencies Act 2011
   - advocated for the next election to use the AV system - amplifying demands for a more proportional and representative voting system
   - it also advocated for a reduction in the size of the commons to 600 and to reform constituency boundaries by having an equal number of voters per constituency

Question 43

what is an elected dictatorship

Answer 43

• the idea of dominance of the executive and dominance by one party in the commons, which cannot easily be phased out, as they will have sustained control for a long period of time

Question 44

give potential paragraphs to talk about when talking about reform and the changes it has brought and give examples under each of the 4 headings under COALITION GOV

Answer 44

1. democratising
   - attempted House of Lords Reform Bill 2012
   - fixed term parliament act - remove PM power
   - house of lords reform act 2014 - allow lords to resign
   - Recall of MPs Act 2015
2. decentralisation
   - scotland, wales, england, ireland
   - esp decentralisation of power and devolution to wales (ie government of wales act of 2017 - tax levying power)
3. rights protection
   - freedom of information act was expanded
   - police and crime commissioners act of 2012 which would enforce elected police commissioners and making the police more accountable to the public

modernisation
- house of lords reform act 2014
- house of lords reform bill

Question 45

describe the House of Lords Reform Bill of 2012

Answer 45

• aimed to replace hereditary members and peers with appointed members
• reduce the size of the lords to 450 members

*the bill had to be withdrawn due to opposition from the conservatives, but it showed an active attempt to modernise the lords system

Question 46

describe the recall of MPs Act 2015 and give an example

Answer 46

• constituencies were allowed to remove an elected representative between elections through signing a petition
• 5% of constituents would need to start a petition, and 20% of constituents would sign it
• promotes accountability and direct power to voters

*ie Peter Bone - 2023 sexual misconduct scandal against staff, which triggered the petition, and he lost the whip, but the recall act forced him to vacate in 2023

Question 47

example of the recall of MPs act not working

Answer 47

1. Ian Paisley - suspended from house due to financial scandal but the threshold could not be reached so he kept his seat
2. Chris Davis in Wales - he was convicrted under the parliamentary standards act and was still re-elected

Question 48

describe devolution under the conservative government since 2015

Answer 48

• wales act 2017
• 2020 welsh parliament established
• english votes for english laws – speaker decides if a matter applies to england only to give english MPs opportunities in the legislative process to veto anything they don’t like
• cities and local government devolution act 2016
• directly elected mayors (ie Sheffield City elected Dan Jarvis as mayor in 2018)

Question 49

what is devo max

Answer 49

• it is the concept of fiscal federalism, giving all powers to scotland and wales, but with no defence / military power
• devolving the maximum amount of power and authority to the scottish parliament

Question 50

describe the 6 aims of constitutional reform

Answer 50

• democratisation - removing undemocratic institutions and processes
• decentralisation - devolving power from a central, core government
• modernisation - removing traditional and outdated practices
• protection of rights - prevent an elected dictatorship
• provide a level of clarity and remove ambiguity
• create a more distinct separation of powers

Question 51

what is asymmetric devolution and what is the silk commission

Answer 51

• regions being granted unequal amounts of power

silk commision:
- ways in which financial, political and administrative powers are devolved in order to create a more responsive electorate

Question 52

what are statutory instruments

Answer 52

• forms of secondary legislation, allowing the government to introduce legislation able be able to bypass the scrutiny of the government

Question 53

describe what powers Scotland currently has, and what powers have not been devolved

Answer 53

major devolved powers:
- education
- environment
- health
- housing
- tourism
- agriculture, forestry etc
- justice, policing etc
- economic development
- transportation

not been devolved:
- constitution
- defence / national security
- foreign policy
- energy
- immigration
- trade / industry
- social security

Question 54

devolution in scotland was successful and a failure (ie policies)

Answer 54

successful
1. more representative, because government has more knowledge
- 2006 = scottish smoking ban
- 2018 = scotland amends legislation for free personal care for older people to expand to over 65s
- gender recognition act - safeguard the privacy of transgender people
- a much more specialised and unique judicial system
OR
after COVID = unique and tailored plans — financial support to fishing industry in scotland
- Coronavirus (Scotland) Act - protection for tenants

2. more efficient government
   - for example, 5 acts per year before 1997, 15 acts per year now
   - access to 90 million pounds more each year – flexibility
3. able to maintain co-ordination with westminster
   - COBR = allows for a co-ordination of government responses - ie all devolved nations presented a united decision on the Coronavirus Bill
   - Sewel Convention

failure:
1. parliament’s overarching power
- legislation to reform scottish law is constantly dismissed due to a lack of dominance in parliament
- internal market act 2020 - economic power
- EU (withdrawal agreement act) 2018 passed without support of the scottish parliament, and the EU (withdrawal act) 2020 passed, despite all 3 devolved legislatures withholding consent

2. lack of co-ordination
   - the Joint Ministerial Committee did not meet at all from 2002-2008, meaning there was a lack of consultation on laws being passed in devolved areas

Question 55

devolution in wales was successful and a failure

Answer 55

successful:
1. more representative
- Agricultural Sector (Wales) Bill 2014
- Legislative Competence Order
- transport (wales) act 2006
- after covid = grants for small businesses and properties under 500,000 pounds

2. more legislative power
   - legislative consent motions and the legislative consent motions – westminster requires consent from devolved nations to pass legislation in their areas
3. able to maintain co-ordination with westminster
   - COBR = allows for a co-ordination of government responses - ie all devolved nations presented a united decision on the Coronavirus Bill
   - Sewel Convention

unsuccessful:
1. still bound to the UK parliament by not being able to veto laws

1. parliament’s overarching power
   - legislation to reform scottish law is constantly dismissed due to a lack of dominance in parliament
   - internal market act 2020 - economic power
   - EU (withdrawal agreement act) 2018 passed without support of the scottish parliament, and the EU (withdrawal act) 2020 passed, despite all 3 devolved legislatures withholding consent
   - this has caused confusion with the extent of power
2. lack of co-ordination
   - the Joint Ministerial Committee did not meet at all from 2002-2008, meaning there was a lack of consultation on laws being passed in devolved areas

Question 56

devolution in england was successful and a failure

Answer 56

successful:
1. more local success
- ie within london = expansion of transport routes (ie elizabeth line)
2. more representative
- ie local mayors and city representatives in Bristol and manchester allowing for more tailored policy (ie manchester refused to allow the construction of casinos)
- west midlands authority gained a 1.1 billion investment package for infrastructure growth

unsuccessful:
1. policies were not long lasting
- ie EVEL - talk about the law related to sunday trading laws etc

2. lack of awareness and knowlege
   - turnout in west yorkshire was only 35% in 2021 = political apathy

Question 57

what is section 35

Answer 57

the idea that Westminster can block Scottish law if it may impact the rest of the UK (Westminster disapproving)
(ie Gender Recognition Bill)

Question 58

we should expand devolution / pros of devolution

Answer 58

1. less centralised government = decisions taken at an appropriate level
   - ministers in the UK would lack understanding of local politics
2. allows for more cultural identity and national feeling
3. allows for more representative decisions to be made
   - ie scotland introducing free tuition, proportional representation in its government etc

Question 59

we should not expand devolution / cons of devolution

Answer 59

• low voter turnout - 35% in 2011 welsh referendum
• expensive procedure -
• will only accelerate demands for independence
• devolution in unstable – there will always be more demands for independence

Question 60

what is the west lothian question and how did it effect the UK = HAGUE COMMISSION

Answer 60

• when MPs from devolved nations have the same right to vote at Westminster as MPs from within England, on laws which would only apply to england, despite such laws and regulations not applying to them, in areas such as health, housing etc
• non-english MPs can become UK ministers, and push through measures which only apply to england (ie tony blair and tuition fees)
• it was seen as a betrayal to scots because they were promised further devolutoon

impact:
- it meant that labour could rely on MPs from devolved regions to pass through controversial laws, which would only apply to england
- often meant a reliance and empowerment and amplification of the vote of devolved MPs

Question 61

should there be an english parliament: yes and no

Answer 61

yes:
- policies which purely effect london would be centred around english MPs - more knowledge
- 85% of the UK’s population live in England – more amplified voice and adequate representation - largest, yet lacks a parliament
- promote more regional identity (ie devon, cornwall etc)

no:
- english parliament would destabilise the UK and would challenge the authority of the UK parliament - less political co-operation and cohesion and more tension
- power would still be fairly centralised - a survey found that only 31% of people supported this idea
- would only further asymmetric devolution
- would allow a progression into a federal system

Question 62

give examples of democratisation, modernisation, decentralisation and rights in the conservative post-2015 government

Answer 62

democratisation:
- repeal of the fixed term parliament act = idea of regular and consistent elections to ensure stability

modernisation:
- introduction of english votes for english laws

decentralisation:
- wales act of 2017
- repeal of the fixed term parliament acts in 2021
- brexit
- the implementation of directly elected mayors in other constituencies

Question 63

give an example of the PM relying on MPs from devolved nations

Answer 63

• Blair wanted to set up foundation trusts in the NHS, and english MPs rebelled, cutting the Blair majority to 35 , yet 67 MPs from devolved nations were able to push through this policy

Question 64

what is the Barnett formula

Answer 64

when the funding of devolved administrations is adjusted to take into account public spending changes in england
- devolved nations spend more than the average on services (ie scotland = 115%, when england is 97%)

Question 65

positives and negatives of EVEL

Answer 65

positives:
- would increase representation, because legislation is more focused within the UK
- does not amplify the voice of devolved governments

negatives:
- some representatives are prohibited from engaging with legislation - creates this idea of exclusivity
- over 2/3 of governments since 1945 have not had a majority enough to have only english MPs voting

Question 66

advantages and disadvantages of:
- a unitary system
- conventions
- uncodified constitutions

Answer 66

unitary system:
advantages:
- centralised decision making = efficient
- faster implementation of policies and easy co-ordination
- cheaper, because administration is less branched

disadvantages:
- large centralisation of power
- lack of representation and understanding of nationalist sentiment etc
- slow response to local issues

conventions:
advantages:
- flexibility
- idea of tradition, and so can promote cultural co-operation

disadvantages:
- disconnected from society and do not allow for a modernisation of society
- ambiguity - not actually written
- dependence on tradition to make decisions - unsure how to proceed from there
- not legally binding

uncodified constitutions:
advantages:
- degree of flexibility and adaptability in times of crisis
- allows for constant development
- efficient decision making because there is no ‘procedure’ to follow

disadvantages:
- easy to manipulate for political purposes
- lack clarity
- lack of adequate rights protection