UK Constitution Flashcards

1
Q

What are the five main principles of the traditional UK constitution?

A
  • Parliamentary sovereignty
  • Parliamentary government
  • Constitutional monarch
  • Unitary state
  • Rule of law
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2
Q

What are the five sources of the UK constitution?

A
  • Statute law
  • Common law
  • Conventions
  • Authoritative works
  • Treaties
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3
Q

What is Common Law?

A
  • Customs and judicial precedent (when judicial decisions clarify the meaning of statute or make rulings in the absent of statute)
    e.g., royal prerogative
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4
Q

What is Statute Law?

A
  • All legislation created by parliament.

e.g. 2005 constitutional reform act & 1918 representation of the Peoples act

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5
Q

What is the most important source of the UK Constitution?

A
  • Statute law due to the principle of parliamentary sovereignty.
  • All other sources can be overridden by statute law.
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6
Q

What are conventions?

A
  • Customs and practices which are accepted as the way of doing things.
  • Can be removed or made permanent by statute law.
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7
Q

What’s an example of a convention that became statute law?

A
  • Fixed term parliament act 2011.
  • It put into law the convention that the government should resign if it is defeated in a vote of no confidence.
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8
Q

What are treaties?

A
  • Agreements signed with other counties.

E.g the treaty that entered Britain into the EEC in 1972 and the Maastricht Treaty (1992) which established the EU.

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9
Q

Why do we need a limited government?

A
  • form of limiting power and checks, providing protection for the individual
    ‘Man is not free unless the government is limited’ -Reagan
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10
Q

What is parliamentary sovereignty?

A

Supreme, restricted power, which can in theory make, repeal or amend any law.

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11
Q

What is the ‘fusion of powers’?

A

Where the executive branch and legislative branch of gov intermingle.

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12
Q

How many seats are needed to fork a majority?

A

326

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13
Q

What is the Fixed Term Parliament Act 2011?

A
  • Removed the PM’s power to hold an early election and instead handed control to the House of Commons.
  • Under those rules an early election could only be held under certain circumstances - such as if two-thirds of MPs agreed to one.
  • It sets date of election to be every 5 years, reducing manipulation of the date. (There was an option to start an election based on opinion polls)
  • It was demanded by the Liberal Democrats.
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14
Q

What happened in 2022 which challenges the significance of the 2011 Fixed Term Parliament Act?

A
  • After winning the 2019 election, the Conservatives introduced a new law - called the Dissolution and Calling of Parliament Act 2022.
  • This restored the PM’s traditional power to call elections at a time of their choosing.
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15
Q

What was the Freedom of information act 2000?

A
  • It was a response to widespread perception that there was a need for greater transparency in gov.

E.g MP expenses scandal 2009 (The disclosure of widespread misuse of allowances and expenses permitted aroused widespread anger among the UK public).
Also, in 2023, Labour used this act to gain an insight into gov spending in private schools like Eton.

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16
Q

What were labours principles to constitutional reform?

A
  • modernisation
  • democratisation
  • devolution
  • stronger protection of rights
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17
Q

What was the HofL reform act 2014?

A
  • Peers given right to retire/resign their seats.
  • Also allows them to be removed as a result of a serious criminal offence.
  • 58 resigned under this term by April 2017.
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18
Q

What was the Scottish Act 2016?

A
  • Gave Scottish gov greater power of tax.
  • Act recognised permanence of devolution and that a ref would be required before Scotland parliament could be abolished.
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19
Q

What was the Investigatory Powers Act 2016? (Snoopers charter)

A
  • Expand the electronic surveillance powers of the UK intelligence and police.
  • Aims to improve the safeguards of the exercise of those powers.

(Regarded as a breach to human rights)

20
Q

What was the Repeal of the European Communities Act 1972?

A

Withdrawal of EU 2020

21
Q

Define devolution.

A

Transfer of political power from a central to subnational gov.

22
Q

What are the ‘reserved powers’ Westminster keeps?

A

Power over defence and foreign policy.

23
Q

What is a primary legislative power Scotland holds?

A
  • Tax varying powers up to 10p in £.
  • Domestic policy (over transport, education etc).
24
Q

How many seats did SNP gain in 2019?

A

48/59 available

25
Q

What was the turnout of the 2014 ref?

A

85%

26
Q

What are examples to where Scottish devolution has made a difference?

A
  • care for elderly is free
  • prescriptions are free
  • no uni tuition fees
  • first to introduce centre assessed grades and vaccine passports (2021)
27
Q

What % of Scotland wanted to remain in EU?

A

62%

28
Q

What was the good Friday agreement 1998?

A
  • Nationalist and unionist conflict reached an agreement.
  • First and deputy first ministers must be one from each community.
29
Q

How can the Good Friday Agreement be seen as failed?

A
  • No assembly meeting for 3 years (2017-20)
  • currently, the DUP is refusing to cooperate in governing due to disagreement over the Windsor Framework/ Brexit deal (2023)
30
Q

How does STV help conflict in NI?

A
  • Encourages a coalition or a minority gov.
  • Formal agreement between Sinn Fein and DUP
  • 63% turnout in 2022.
31
Q

What was the voter turnout for the Welsh assembly in 2021?

A

47%

32
Q

What taxes are the Welsh Assembly in control of?

A

Land tax and landfill tax.

33
Q

What % voted against Scottish independence?

A

55%

34
Q

What was the turnout for the London mayor election in 2021?

A

42%

35
Q

What was the Salisbury convention?

A

HofL won’t vote against gov bill that was in their manifesto more than 2/3 times

36
Q

What are reasons for a codified constitution?

A
  • Human rights will be strongly safe and guarded for minorities and individuals.
  • PM has too much executive power.
  • Clarity to UK citizens.
  • More transparent.
  • Would give the judicial branch greater influence in their rulings, upholding the HRA and the constitution as it would be sovereign and entrenched.
37
Q

What are two reasons to keep an uncodified constitution?

A
  • Lack of demand
  • Flexible (COVID, terrorism)
  • HRA and legislation works
38
Q

Define ‘constitution’.

A

the basic principles and laws.

39
Q

What was the turnout for the NI election in 2022?

A

63% turnout

40
Q

Why can the STV in NI be seen as a failure?

A

Sinn Féin became the largest party in 2022, challenging the point of the STV promoting the chances of a coalition gov.

41
Q

What was the House of Lords Act 1999?

A
  • It removed the right of most hereditary peers to sit and vote in the Lords.
  • The Act allowed for 92 hereditary peers to remain in the House until full reform.
42
Q

What did the Constitutional Reform Act 2005 do?

A
  • Provided the separating of the judiciary from the legislature (Parliament) and the executive (government).
  • It reformed the office of the Lord Chancellor who, as head of the judiciary, appoints judges.
  • Established an independent Judicial Appointments Commission.
  • Sets up a supreme court, independent from the House of Lords, with its own appointments system, staff, budget and building (from October 2009).
43
Q

What is the Salisbury Doctrine/convention?

A
  • The Convention ensures that major Government Bills can get through the Lords when the Government of the day has no majority in the Lords.
  • In practice, it means that the Lords does not try to vote down at second or third reading or a Government Bill mentioned in an election manifesto.
  • The Parliament Acts 1911 and 1949 define the powers of the House of Lords in relation to Public Bills (including Private Members’ Bills).
  • All Bills have to be passed by both the House of Commons and the House of Lords except in certain circumstances.
44
Q

How are money bills passed?

A
  • They are certified by the Speaker and deal with taxation of public expenditure.
  • Money Bills start in the Commons and must receive Royal Assent no more than a month after being introduced in the Lords even if the Lords has not passed them.
45
Q

What power does the Lords have over most other Commons Bills that are not money bills?

A

The Lords can hold up a Bill it disagrees with for about a year but ultimately the elected House of Commons can reintroduce it in the following session and pass it without the Lords’ consent.