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Politics Paper 1 > The UK Constitution > Flashcards

The UK Constitution Flashcards

1
Q

What is a constitution?

A
  • A set of laws/guidelines setting out how a political system works/where power is located.
  • Defines powers/functions of gov/rights of ordinary citizens in relation to the gov.
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2
Q

Functions of a constitution

A
  • determine distribution of political power within state
  • est. political processes that make system work
  • states limits of gov power
  • states rights of its citizens
  • est. rules by which nationality created
  • to be able to be amended from time to time
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3
Q

What are the features of the British Constitution?

A
  • legislature - have to pass through HoC/HoL/receive royal assent
  • executive - cabinet system
  • judiciary - Supreme Court (since 2005) deals w/all major cases; civil/smaller cases in local courts
  • elections - GE every 5 yrs (use FPTP)
  • multi-level governance - was member of EU until 2020 (a lot of policy influenced by EU); devolution; local councils/mayors throughout England.
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4
Q

Found: Magna Carta

A
  • 1215
  • agreement between John/barons as first formal attempt to limit powers of monarch; significant as starting point for future reference.
  • concession to specific demands; many clauses now replaced.
  • cannot sell, deny or delay justice.
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5
Q

Found: Bill of Rights

A
  • 1689
  • Reaction to rule of James ii
  • est. principles of frequent parliaments, free elections, Parliamentary Privilege
  • did not cover the rights of ordinary men or women.
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6
Q

Found: Act of Settlement

A
  • 1701
  • desire to exclude James II/heirs; ensure Protestant succession.
  • link between Catholicism/tyrannical rule
  • did nothing to propel Britain towards being a modern democracy.
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7
Q

Found: Act of Union

A
  • 1707
  • Eng/Scot had shared monarch since 1603 w/separate parliaments; now bound under Westminster
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8
Q

Found: Parliament Acts

A
  • 1911, 1949
  • reduced power of HoL
  • cannot interfere with HoC
  • HoL only able to delay legislation
  • failed to address main issue of HoL being unelected.
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9
Q

Found: European Communities Act

A
  • 1972
  • Passed by Heath’s gov; only by 309-301.
  • Britain became part of EEC (forerunner of EU)
  • starting point of somewhat problematic relationship with EU.
  • criticisms of erosion of parliamentary sovereignty.
  • ultimately did not change the way in which British politics is done.
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10
Q

What have developments to the constitution done?

A
  • Increased rights of ppl
  • transferred power to parliament
  • united UK
  • increased power of HoC
  • made UK part of EU
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11
Q

What are the main features of a codified constitution?

A
  • written in one doc; entrenches certain laws, so can be harder to change
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12
Q

What is parliamentary sovereignty?

A
  • has power to make/unmake any laws and cannot be bound by another institution/itself
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13
Q

What is the rule of law?

A
  • the idea that everyone should follow the same rules/no one is above the law.
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14
Q

What is a unitary model of gov?

A
  • where parliamentary sovereignty is focused on central power/gov.
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15
Q

What is the difference between human rights and civil rights?

A
  • human rights apply to everyone (free speech); civil rights are rights of particular groups, granted by gov.
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16
Q

What is the difference between individual and collective rights?

A
  • the rights of a singular person vs rights of a group.
  • examples of them conflicting: A v Secretary of State for the Home Department - 9 men convicted without trial, as there was suspicion they could be national threat; LGBTQ+ vs Religion - Lee v Ashers Baking Company (2018) bakers refused to add pro-LGBTQ+ slogan to customer’s cake, as it was against their religion.
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17
Q

Reforms that happened under New Labour and Conservative govs

A
  • Decentralisation - powers divided between local govs regionally/within UK; eg Scotland Act 1998.
  • Democratisation - greater power given to public over particular institutes; eg Greater London Authority Act allowed for directly elected London mayor.
  • Modernisation - updating political institutes so are not outdated; Constitutional Reform Act 2005 allowed for creation of Supreme Court.
  • Enhancing rights - greater protection of an individual’s rights/freedoms; Equality Act 2010, so one cannot be discriminated based on protected characteristics.
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18
Q

What are some of the reforms that happened to the HoL?

A
  • House of Lords Reform Act 1999 - limits no. of hereditary peers to 92.
  • House of Lords Reform Bill 2012 - Lib Dems intro’d 3 stage process to further modernise; opposed by Tory MPs.
  • House of Lords Reform Act 2014 - peers can leave/retire.
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19
Q

How does the constitution protect rights well?

A
  • values civil liberties w/formal support of human rights (HRA), also strong legal protections via ECHR.
  • HRA incorporates ECHR into UK law, EU law also provided additional protection.
  • has strong institutional framework that protects rights beyond courts.
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20
Q

What are the 6 main sources of the UK constitution?

A
  • statute law
  • common law
  • conventions
  • royal prerogative
  • authoritative works
  • treaties
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21
Q

What is statute law?

A

Acts of Parliament; includes laws that define who can vote/human rights; as part of EU, European laws/treaties took precedence.
eg. Representation of the People Act 1969.

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22
Q

What is common law?

A
  • legal precedent resulting from rulings of senior judges
  • passed down over the years
  • can be modified by statute law eg not one law makes murdered a criminal offence, rather the notion that is a crime and has always been viewed as that.
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23
Q

What are conventions?

A
  • unwritten rules/procedures concerned with parliament/smooth running of constitution
  • eg - monarch formally invites leader of largest single party to form gov; monarch gives royal assent; Salisbury-Addison Convention 1945 - HoL agreed not to delay any manifesto promises of Attlee’s gov.
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24
Q

What is the royal prerogative?

A
  • formal powers of monarch exercised by PM/gov
  • eg prorogation of parliament (Johnson 2019 - had to seek permission of Queen, but she had to agree).
  • modern monarchy must be above party politics/play only a ceremonial role.
  • appointing ministers, making international treaties, calling GEs etc lie with executive, not legislature.
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25
Q

What are authoritative works?

A
  • variety of books/docs that deal with areas such as parliamentary procedures/responsibilities of gov
  • The English Constitution - Bagehot (1867) - distinguishes between efficient/dignified; cabinet holds most of real power.
  • Introduction to the Study of the Law of the Constitution - Dicey (1885) - explains/identifies main characteristics; twin pillars of democracy - monarch cannot veto any bill passed by HoP; asserted notion that Parliament has right to make/unmake any law.
  • Parliamentary Practice - Ershine May (1844) - includes standing orders of each chamber, historical procedure, key rulings by Speaker.
  • Cabinet Manual (2010)
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26
Q

What are treaties?

A
  • UK signatory to no. of international agreements eg ECHR/areas such as dealing with climate change.
  • gov obliged to abide by their terms or face legal challenges
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27
Q

In what ways have political institutions been successfully modernised?

A
  • HoL has undergone substantial transformation since 1997; smaller, more diverse, less Tory-dominated; easier to hold peers accountable.
  • Creation of SC has enabled clear separation between executive/judiciary; has remained politically neutral/apolitical unlike US counterpart.
  • Notion of gender equality has reached even traditions of royal family.
28
Q

In what ways has the protection of human rights been successfully developed?

A

YES:
- landmark legislation in area of human rights has increased awareness/visibility of rights, especially of minority groups.
- Important role of SC in interpreting legislation has increased protection of citizens’ rights.
- laws concerning privacy/access (Freedom of Information Act, Data Protection Act) to information have also enhanced rights of everyone; made public bodies/powerful institutions more accountable/responsible.

29
Q

In what ways has democratisation been successful?

A
  • Police Reform Act 2011 - direct election of police/crime commissioners has enhanced opportunities for political participation/local democracy.
  • Reform of EP elections has enabled greater variety of parties to be represented including UKIP/Brexit Party + BNP; proportionately more Greens/Lib Dems.
  • Greater autonomy in large cities/post of Mayor of London has attracted high-profile incumbents; several other cities have embraced idea eg Andy Burnham elected Mayor of Greater Manchester in 2017.
30
Q

In what ways has devolution been successful?

A
  • popular support has increased; originally in 1997, Wales backed plan by 50.3% to 49.7%; in 2011 another vote to expand law-making powers backed by 63.5%.
  • NI -> end Troubles.
  • stopped full separation of Scotland from UK in 2014.
  • has worked well in Scotland/Wales; number of powers has increased.
31
Q

Arguments for the codification of the British Constitution.

A
  • would provide better clarity on what is/isn’t constitutional.
  • removing vagueness of custom/tradition would represent modernisation of political process.
  • would provide further/more easily understood rights for all citizens.
  • could reduce concentration of power in hands of executive.
  • enable local gov/regional assemblies to enjoy permanence.
  • would end process of piecemeal codification eg Cabinet Manuel/Osmotherly Rules.
  • convention can/are broken eg when Johnson sought to prorogue parliament for 5 weeks, only unanimous ruling by SC stopped attempt (by convention, prorogation lasts for shorter periods).
  • one of only three countries.
32
Q

Arguments against codification of British Constitution.

A
  • currently encourages flexibility/adaptability eg calling of early elections; codified = more rigid.
  • would go against tradition of UK politics (evolutionary, rather than revolutionary).
  • parliament would struggle to come to a consensus on much of content.
  • would give unaccountable judges greater power -> required to make rulings on what Acts/measures constitutional; would politicise judiciary.
  • lack of popular demand for reform eg AV referendum in 2011.
  • would undermine parliamentary sovereignty, which has served well.
33
Q

How does the constitution fail to protect rights well?

A
  • existing framework (HRA/ECHR) vulnerable to political attack.
  • Brexit removing safety net from certain non-discrimination migrant/labour rights formerly provided by EU law.
  • UK govs are able to pass legislation diluting rights protection esp w/anti-terror laws/migration.
34
Q

In what ways have political institutions not been modernised successfully?

A
  • Reform of HoL remains incomplete/unfinished; attempts to build upon 1998 measure have come to nothing; UK remains virtually unique in democratic world in having entirely unelected second chamber.
  • Creation of independent SC has arguably led to too much power residing with unelected/unaccountable justices, undermining parliament.
  • Alteration of line of succession is very minor; remains illegal for monarch to be Roman Catholic.
35
Q

In what ways has protection of human rights not been successfully developed?

A
  • Could be argued that expansion of rights has led to identity politics/clash between individual and collective rights.
  • Freedom of Information Act - many requests for info declined.
  • Growing role of courts has led to controversy; SC ruled aspects of anti-terror legislation (eg freezing of assets of suspected terrorists in 2010) incompatible with HRA.
36
Q

In what ways has democratisation not been successful?

A
  • Provisions of FTPA easily overcome in 2017/2019 to bring about early elections.
  • Lack of enthusiasm for reform of national electoral system.
  • Mayor of London considered successful but in regions, picture more mixed; where referendums held on whether to establish mayoral elections, majority have rejected; 2016 - Torbay voted to get rid of position of elected mayor having approved it in 2005.
37
Q

In what ways has devolution not been successful?

A
  • has not succeeded everywhere; NI - policy disagreements/scandal over failed renewable energy scheme meant Assembly suspended Jan 2017-Jan 2020.
  • support for devolution in England has not increased; 2004 proposal to create North East regional assembly rejected by 78%.
38
Q

Describe the significance of the 1997 Referendums (Scotland and Wales Act).

A

It led to the creation of devolved bodies in Scotland and Wales.

39
Q

How did the 1998 Scotland, Northern Ireland and Wales Act impact governance in the UK?

A

It established devolved bodies for Scotland, Northern Ireland, and Wales.

40
Q

Define the purpose of the 1998 Human Rights Act in the UK.

A

It incorporated the European Convention on Human Rights (ECHR) into UK law.

41
Q

What change did the 1999 House of Lords Reform Act bring to the House of Lords?

A

It limited the number of hereditary peers to 92.

42
Q

Explain the electoral change introduced by the 1999 European Parliamentary Elections Act.

A

It established proportional representation instead of first-past-the-post (fptp) for European elections.

43
Q

How did the 1999 Greater London Authority Act affect local governance in London?

A

It allowed for the election of a directly elected mayor for London.

44
Q

What was the main objective of the 2000 Freedom of Information Act?

A
  • To provide greater access to information held by public bodies.
  • Around 120,000 requests are made each year under the Act, with private citizens making 60% of them, businesses 20% and journalists 10%.
  • Examples of facts that have been brought to light by the Act include a bailout of troubled academy schools, details of MPs’ expenses claims.
  • also more transparency about the historic actions of Gov, including complicity in torture in post-war Germany.
  • works to protect rights and freedoms by providing transparency on the workings of public bodies and more accountability on the Government – theoretically improving civil liberties in the UK.
45
Q

Describe the outcome of the 2004 Regional Referendum in North East England.

A

The elected regional assembly was rejected by voters.

46
Q

What was a key result of the 2005 Constitutional Reform Act?

A

It created the Supreme Court and separated the judiciary from the executive, replacing the Law Lords.

47
Q

How does the 2010 Equality Act protect individuals in the UK?

A

It prohibits discrimination based on protected characteristics.

48
Q

What does the 2010 Cabinet Manual outline?

A

It sets out the main laws, rules, and conventions affecting the conduct of the British Government.

49
Q

Describe the significance of the Police Reform Act of 2011.

A

It introduced the direct election of Police and Crime Commissioners, allowing the public to have a say in local policing.

50
Q

Define the Fixed-Term Parliament Act of 2011.

A
  • established that GE would occur every five years unless two-thirds of MPs voted in favour of an early election; it was repealed in 2022.
51
Q

How did the Electoral System Referendum of 2011 impact voting systems in the UK?

A

The referendum proposed an alternative vote system to replace first-past-the-post, but it was ultimately rejected.

52
Q

What was the purpose of the Protection of Freedoms Act of 2012?

A

It aimed to provide greater protection from state interference and enhance scrutiny of security services.

53
Q

Explain the House of Lords Reform Bill proposed in 2012.

A

It suggested a three-stage process for reforming the House of Lords, but it was rejected by the Conservative party.

54
Q

What change did the Succession to the Crown Act of 2013 introduce?

A

It established that the first-born child, regardless of gender, would be next in line for the throne.

55
Q

What did the House of Lords Reform Act of 2014 allow for its members?

A

It permitted members to leave or retire from the House of Lords.

56
Q

How did the Data Protection Act of 2018 relate to GDPR?

A

It implemented the General Data Protection Regulation (GDPR) in the UK, enhancing personal privacy protections.

57
Q

Define individual rights.

A

Individual rights are rights held by individuals, such as the right to a fair trial or the right not to face discrimination.

58
Q

Describe collective rights.

A

Collective rights belong to groups, which can range from formally organized groups like trade unions to faith-based groups, and also apply to the general population, such as the right to protection from acts of terrorism.

59
Q

How did the case of Ashers Baking Company Ltd impact the understanding of individual rights versus collective rights?

A

The case highlighted that the individual right to free speech and expression can prevail over the collective rights of a particular group, as the Supreme Court ruled that the bakery’s refusal was based on their beliefs, not discrimination against a person.

60
Q

What was the outcome of the Ashers Baking Company Ltd case in October 2018?

A

In October 2018, the Supreme Court overturned the judgment of lower courts, ruling that the bakery was not guilty of discrimination against a gay person, as they would have refused the request regardless of the customer’s sexual orientation.

61
Q

Discuss the practice of female circumcision in relation to collective rights.

A

Female circumcision is a common practice among certain communities in parts of Africa and the Middle East, raising questions about the balance between cultural practices (collective rights) and individual rights, particularly women’s rights.

62
Q

How did the 2016 case involving Uber drivers illustrate the tension between individual and collective rights?

A

In 2016, two Uber drivers sued the company claiming they were employees rather than self-employed, seeking benefits and fighting for the collective rights of all Uber drivers. This situation highlighted the tension where some drivers valued their individual rights to self-employment, while the collective rights of all drivers were ultimately prioritized.

63
Q

What is the significance of the Female Genital Mutilation Act 2003 in the context of child safeguarding in the UK?

A

The Female Genital Mutilation Act 2003 is significant as it makes FGM illegal and establishes a legal framework that requires schools and social services to report suspected cases, thereby protecting children’s rights and welfare.

64
Q

Explain the implications of prioritizing collective rights over individual rights in the case of Uber drivers.

A

Prioritizing collective rights over individual rights in the case of Uber drivers meant that while some drivers enjoyed the freedom of self-employment, the legal decision favored the collective rights of all drivers to receive benefits, potentially limiting the individual autonomy of some.

65
Q

Discuss the cultural implications of FGM in relation to UK societal values.

A

FGM is at odds with most countries’ cultural norms and values, particularly in the UK, where it is viewed as a form of child abuse, leading to a conflict between the rights of individuals to practice their culture and the rights of children to be protected from harm.

Politics Paper 1 (12 decks)

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