The UK Constitution Flashcards
A topic of the Politics A-Level, in class in Autumn 2019
1
Q
What is a constitution?
A
A set of rules that establish the rights, duties and powers of government institutions, as well as defining the relationship between state and individual.
2
Q
What type of state is the UK?
A
Unitary state - the constitution applies entirely to all areas countrywide
3
Q
What is the key concept behind a constitution?
A
That of limited government and protecting the individual.
4
Q
Is our constitution written down in a single document?
A
No - it is uncodified.
5
Q
When was our constitution first written down in some capacity?
A
The Magna Carta - 1215.
6
Q
What countries have uncodified constitutions?
A
UK, New Zealand and Israel.
7
Q
When was the last time the British monarchy said ‘no’ to the Prime Minister?
A
1707.
8
Q
What does ‘statute’ mean?
A
It is another word for a law created by Parliament and passed by them.
9
Q
What is ‘convention’?
A
Something accepted over time due to previous events.
10
Q
Who created the concept of the ‘Twin Pillars’?
A
AV Dicey.
11
Q
What is the first ‘Twin Pillar’?
A
The idea of Parliamentary Sovereignty: in the absence of a codified constitution, supreme power to legislate lies with the elected (and therefore legitimate) House of Commons.
12
Q
What is the second ‘Twin Pillar’?
A
The Rule of Law: this is a historical concept that no one is above the law and everyone is equal, this therefore ensures the law is always applied, and everyone can access legal redress.
13
Q
What are the other 3 characteristics of the Constitution?
A
Parliamentary Government (the executive and legislative of government and parliament are fused), Constitutional Monarch (now just a ceremonial role as royal prerogative powers have been passed to the executive), EU Membership & Devo-Max (pooled sovereignty is greater than national sovereignty).
14
Q
Info: 1215 Magna Carta
A
The Barons forced King John to sign this after his gross abuses of power. It is seen as a symbol of English liberties and legal due process (right to jury trial), as well as forcing the monarch to consult over taxation.
15
Q
Info: 1265 First Parliament
A
After a rebellion by the Barons (led by Simon de Montfort), Edward I accepted their demands for the ‘Model’ Parliament, to allow for wider representation and more control over taxation.
16
Q
Info: 1649 English Civil War
A
The only real cataclysm in the UK’s constitutional history; it ended with the beheading of Charles and the supremacy of Parliament.
17
Q
Info: 1689 Bill of Rights
A
William III & Mary II, replacing the often-tyrannical James II after the ‘Glorious Revolution’, affirmed the rights of Parliament; to be regular, chosen by fair elections and to have free speech.
18
Q
Info: 1701 Act of Settlement
A
Granted Parliament the right to determine the line of succession to the English throne… also enshrined the separation of Parliament, and the monarch (after the ECW).
19
Q
Info: 1707 Act of Union
A
United England and Scotland. Both now based under one Parliament in Westminster (until devolution), which would be sovereign.
20
Q
Info: Great Reform Act 1832/1867/1884
A
- Prior to this act, ‘rotten boroughs’ (under-represented constituency) allowed illegitimate MPs power, only those who owned property could vote in rural areas, the wealthiest voters had a ‘plural vote’ (they owned properties in more than one constituency!) and cities had no MP, leading to only 400,000 people on the electoral register. This act abolished all of that. By 1867 and then 1884 the right to vote was granted equally to most of the working class.
21
Q
Info: Parliament Acts 1911/1949
A
- Reduced the power of the House of Lords after it tried to block the Liberal People’s Budget. It could not delay ‘money bills’ and had its power of veto replaced with a 1-year delay. Often known as the ‘Salisbury Convention’.
22
Q
Info: Representation of the Peoples Act 1918/1928
A
- Allowed women the vote for the first time. Also lowered the voting age for men. Only the later act allowed equal gender suffrage at 21, followed in 1948 and 1969 by the end of plural voting and the lower age of 18.
23
Q
Info: 1972 European Communities Act
A
- Edward Heath’s Conservatives took the UK into what became known as the EU law. This would now take legal precedence over UK law if there was conflict.
24
Q
Info: 1997- Devolution
A
- New Labour decentralised power from Westminster to the assemblies in Wales, Scotland, Northern Ireland and London. Devo-Max in 2014 and the first elections for metro mayors in 2017 accelerated this process.
25
Info: 1998 Human Rights Act
- The acceptance of the ECHR into UK law means all legislation must avoid contravening our basic liberties. It has led to more frequent checks on politicians.
26
Codified Definition
A constitution has been created into a single, written, authoritative form. It lays out the principles of the system, the duties and powers of governmental institutions and citizens' rights and freedoms. The 3 key features include it being higher law, entrenched and judiciable.
27
Uncodified Definition
Most constitutions are, in some way written, however these do not exist in a single document and are created organically.
28
Federal Definition
Sovereignty divided between two levels of government, both of these levels possess a range of powers within a jurisdiction that cannot be encroached upon.
29
Unitary Definition
Constitutional supremacy of central government over local / devolved assemblies & bodies.
30
Rigid Definition
Difficult to amend, ignore or destroy. Amendments are only informally made by the interpretation of judges.
31
Flexible Definition
Adaptable to changing situations. However, many parts of the UK Constitution have been very resistant to change.
32
Most important source of the UK Constitution
Statute Law: created by Parliament, highly authoritative written rules created through updating previous legislation and common law / conventions.
33
Second most important source of the UK Constitution
Common Law: 'made' by judges when they intercept the meaning of all laws in the context of the cases that come before them. Using judicial precedent this promotes the idea of everything being permitted that is not prohibited.
34
Third most important source of the UK Constitution
Conventions: non-written and more informal, makes politics workable in day-to-day life. Many conventions have been integrated into common or statute law.
35
Fourth most important source of the UK Constitution
EU Laws / Treaties: applied to all UK law since its entry in 1973 and erodes sovereignty(?).
36
Least important source of the UK Constitution
Works of Authority: important and respected books / articles providing information on what is considered to be 'constitutionally proper', yet these are not legally enforceable.
37
Democracy definition
Derived from the Greek 'demos' (people) and 'kratos' (power). The idea of government being 'for the people, by the people, for the people' (Abraham Lincoln).
38
Direct features of the UK
Referenda, E-Petitions, Recall of MPs, Digital Democracy, Cyber-activism.
39
Advantages of Direct Democracy
All votes count the same, people participate and take their responsibilities seriously, no need for representatives, encourages debate and a sense of community.
40
Disadvantages of Direct Democracy
Impractical in larger democracies, many will not take part, the most articulate take advantage of the rest, very little protection of minority viewpoints.
41
Advantages of Representative Democracy
Practical strong and stable, political parties protect different societal interests, elections ensure scrutiny, politicians tend to be the best informed.
42
Disadvantages of Representative Democracy
People might not bother participating, elites end up running parties, minorities are still under-represented, politicians avoid accountability to their constituents.
43
Suffragists definition
Worked for over 50 years by campaigning peacefully for women's rights. In an organisation that was founded in 1897.
44
Suffragettes definition
Dubbed by the media as more violent and radical protesters, set fire to churches etc.
45
How did women win the vote?
The suffragettes turned the public against the campaign due to the force-feeding etc police therefore inflicted. The First World War was seen as the turning point as women helped the allies win it.
46
Key principles of Parliamentary Government
The executive and legislature are fused, government is made up of the majority party elected MPs, strong and stable majority governments, head of state and government roles separated.
47
Features of 'presidential' style elections
Separation of elections, personnel and powers.
48
Parliamentary Privilege definition
Asking questions that reveal state secrets or break the law & immunity from being sued for libel in Parliament buildings.
49
What does adversarial mean in the context of Parliament?
There is an in-built check on government by their opposition.
50
The functions of Parliament
Legislation, scrutiny, providing ministers, representation.
51
Role of the Monarch
Ceremonial roles, eg royal ascent, queens speech, dissolving Parliament.
52
Role of the HoC
Examination and approval of the financial affairs of gov, complete with veto of legislation, dismissal of gov by a vote of no confidence, committee examination, approval for amendments.
53
Role of the HoL
Examining secondary legislation/recommendations, delaying primary legislation.
54
How are peers selected?
Selected through self-selecting their own peers based on their experience after a peer dies. Appointed by the PM/monarch, selected for scrutiny.
55
Interesting Lords include:
Baroness Greenfield (neuroscientist with 32 honorary degrees), Tina Stowell (Tory, helped Stonewall achieve gay marriage), Patricia Hollis (Labour, led the tax credit cuts revolt 2015).
56
Types of Peer in the HoL
Law Lords (until 2009), Lords Spiritual, Life Peers, Hereditary Peers.
57
What is a crossbencher?
A non-partisan, non-affiliated peer. Important as they should be able to give neutral scrutiny.
58
Main roles of the HoC speaker
Referee the order of debate, has to take into consideration the whipping system.
59
Main roles of the HoL speaker
Sets the order for debate, more civilised chamber, no whipping system.
60
Why does the HoC have more power than the HoL?
HoL have no electoral legitimacy, Salisbury Convention (created to force through iron & steel nationalisation).
61
What bills can the Lords not block?
Taxation and 'money' bills, manifesto pledges.
62
What is the difference between front-benchers and back-benchers?
Front are loyal to party and are cabinet in waiting, back are rebel MPs.
63
Sources of scrutiny to the government
Opposition party, select committees, party backbenchers, house of lords.
64
What does it really mean to 'legislate'?
To create laws.
65
What does a bill become when it passes into law?
Statute Law / Acts of Parliament.
66
What does it mean that Parliament is sovereign?
Only itself can make, unmake and amend laws.
67
Why do government bills take precedence?
Whipping system keeps MPs in line, 'guillotine motions' cut debates short, supremacy over HoL.
68
What are the types of bills that can come through Parliament?
Government Bill, Private Members Bill, Hybrid Bill (e-petitions etc).
69
What is a 'free vote'?
You do not have to follow your party whips and can therefore represent your constituents better.
70
An example of a free vote
House of Lords Stage 2 Reform 2003.
71
How can Private Member Bolls be initiated?
Ballot, 10-Minute Rule, Presentation on the 'floor'.
72
An example of a successful PMB
NHS Autism Care 2009.
73
White Paper Definition
A detailed plan that has been consulted on.
74
Green Paper Definition
Basic proposal to be consulted on before a detailed plan.
75
How many stages are there to passing a bill?
7: Consultation, 1st reading, 2nd reading, committee stage, report stage, 3rd reading, the 'other place'.
76
Info: Consultation stage of legislating
Provisions outlined in either a white paper or green paper and scrutinised by select committees.
77
Info: 1st reading of legislating
Bill title introduced to Parliament, but no debate or vote.
78
Info: 2nd reading of legislating
Full debate (half a day to two days) considering the principles of the bill. It can now be defeated, minister responsible explains the provisions, relevant opposition minister shows their views.
79
Info: Committee stage of legislating
Details are considered line-by-line by around 18 MPs. Most amendments are made at this stage, which is structured like the HoC chamber in miniature. Scrutiny unit joins in, with specialists preparing evidence and suggesting amendments.
80
Info: Report stage of legislating
Committee reports back to full HoC, who can reverse and amend changes. Bills now read out in full with detailed plans.
81
Info: 3rd reading of legislating
Short replication of the 2nd reading, bills can be around 2500 pages long, another vote held.
82
Info: the 'other place' of legislating
Once bills are passed by one chamber, they must go through this process again in the Lords, with time-limited debate. Then goes to royal ascent.
83
Scrutiny definition
Checking the actions of Parliament and mainly government.
84
The opposition: info
Provide a government in waiting, provide alternative budgets / queens speech, challenges PMQs with scrutiny.
85
Positives of the opposition
Involved in votes of no confidence and opposition days, get funding called 'short money' to continue scrutiny.
86
Negatves of the opposition
Their bills are often amended by other parties and have no power to stop that.
87
PMQs: info
Reformed by Blair in 1997 to make it one half-hour slot instead of two 15min slots.
88
Backbenchers: info
Hold their government to account through checks such as the Backbench Business Committee (proposed Harvey's Law in 2016). can also propose 'urgent questions' which have to be answered immediately in times of crisis.
89
Positives of the Lords
Can block most legislation for up to 1 year, tried to block AV referendum & tax credit cuts, sunset clause (allowing a bill to run out of time and become void, eg Prevention of Terrorism Act).
90
Negatives of the Lords
Can only veto if the HoC extends its 5-year term.
91
Drawbacks of Parliamentary Scrutiny
Delayed Drop, governmental majorities create majorities in Public Bill Committees, scrutiny overruled by patronage and whips.
92
What are opposition days?
When opposition parties have control over the Commons timetable. Labour = 18/20, SNP used theirs to oppose Trident in 2015.
93
Patronage definition
Power to hire and fire that the PM has (eg 21 rebel Tory MPs under Boris Johnson).
94
Whips power
Have all-encompassing power over party MPs - if they do not conform they could be subjected to patronage.
95
John Major & 'bastards'
This case is centred around Major's cabinet and the subsequent vote of confidence, which allowed him to stay in office with his 'nice guy' image tainted. A BBC interview (accidentally leaked) showed Major's true opinions on his backbenchers and this shows the power of the media.
96
Positive ways backbenchers can provide scrutiny (J. Major)
Issues dividing a party have to be addressed, leadership is challenged if divisions grow too large, 'political storms' would be faced if the PM sacked MPs and scrutiny would merely shift from inside Parl to outside.
97
Things limiting backbencher scrutiny (J. Major)
The PM still has the power of patronage if people disagree with him too much, Major survived his confidence vote despite this opposition due to whips.
98
What are the main groups MPs have to try and represent?
Their constituents, their own, their party/whips.
99
How well were women represented in HoC in 1979?
Only 3% of MPs were women.
100
What did Labour try and introduce to enforce diversity?
In 1993 they tried to introduce 50-50 shortlists, which did not work.
101
How many MPs were women in 2017?
31%.
102
What is the average length of service for MPs?
20 years.
103
How has the amount of ethnic minorities in the HoC changed?
There were only 4 in 1987, but this had increased to 52 by 2015.
104
What percentahe of Labour MPs identify as working class?
10%.
105
What is the pay gap between MPs and the average UK salary?
£45,000 (MPs earn £77,000/year).
106
What do select committees do?
Scrutinise each policy area / cabinet department, along with public accounts etc. Each comprises of 11 backbenchers reflecting the HoC majorities, any reports have to be replied to within 2 months.
107
An example of a select committee
Amber Rudd and the Home Affairs Committee: invited Rudd to give evidence to the Windrush scandal inquiry. She denied the Home Office was targeting deporting illegal immigrants and this was debunked due to leaked emails, and this would have unwittingly also deported Jamaicans from the 1960s who had papers taken away.
108
Strengths of select committees
Chairs tend to be a higher quality / experts, encourages cross-party cooperation, limited whip influence, 30-40% recommendations end up as government policy.
109
Limitations of select committees
Government does not have to take recommendations into consideration, dominated by governmental majorities, blocked some interviewees, committees challenge cross-party cohesion.
110
Info: Maternity Rights
MPs forced to choose between being an MP and a mum, debates over maternity leave in Westminster (reignited by an MP delaying a c-section to vote on May's deal).
111
Is Parliament representative of modern values? (maternity rights)
It is in the introduction of voting by proxy for a year long trial, but there is no paid cover work or recognisable maternity leave.
112
What is the difference between legislation passing through Parliament and legislation being passed by government?
Government just passes acts through Parliament when there is a clear majority as it has little significant opposition. Legislation is passed by Parliament if it is not a majority due to the higher level of scrutiny.
113
Which factors limit the power of majorities and whips?
Party de-alignment (less attachment to parties), minor party growth, pressure group membership, rational choice theory (changing voters).
114
1974: scenario affecting legislation
Minority of 301 seats, Labour-LibDem pact created, this led to an 8-month Parliament and a minority government was eventually formed.
115
1997: scenario affecting legislation
Landslide 418-seat majority, creating a honeymoon period in which to legislate due to the safety net of MPs/whips.
116
2013: scenario affecting legislation
Syrian Airstrikes conflict in HoC, more backbench rebellions.
117
Gerrymandering definition
Redrawing the constituency boundaries to 'pack & crack' voters.
118
What factors have helped scrutiny in the Lords?
Removal of hereditary piers in 1999, more experts therefore in HoL.
119
What factors have hindered scrutiny in the Lords?
Lords cannot veto, government uses statutory instruments to force through legislation.
120
When was the UK's last successful vote of no confidence?
1979.
121
What is a statutory instrument?
A type of delayed legislation (secondary legislation), introduced to free up Parliamentary time in the 1940s.
122
Ways in which e-petitions are good for democracy
Increases participation and awareness (the government e-petition website was visited 17 million times in 1 year), empowers citizens (all petitions with 100,000 signatures debated, eg Trump banned from entering UK with 1.2m sigs).
123
Ways in which e-petitions are bad for democracy
Some not accepted (eg NHS reform petition dropped), few petitions successful (47% rejected for failing to meet criteria).
124
Advantages of the Fixed Term Parliament Act
Less zombie governments, better planning (civil servants gaining stability).
125
Disadvantages of the Fixed Term Parliament Act
Less accountability (4-year fixed term would fit better with UK political rhythm), less media on elections and advertising (spending went down to £31.1m in 2010, tabloids do not have to struggle to find election dates).
126
Info: Recall of MPs Example
This case talks about Fiona Onasanaya, who was removed by a recall petition after being jailed for lying about a speeding offence. 27.6% threshold of votes, first MP to be removed by recall.
127
What is the recall of MPs?
An MP can be removed from a constituency if they are convicted or jailed after a criminal offence, and 10% of their constituents have to vote for their recall.
128
How is the recall system flawed?
It can only be triggered in specific circumstances, those recalled can still stand in by-elections, creates distrust in politics, affects the rule of law (criminals stand as MPs).
