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UK Politics > UK Constitution > Flashcards

UK Constitution Flashcards

1
Q

What is the nature of the UK’s constitution?

A

It is uncodified - it draws on a variety of sources, unlike the US

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2
Q

How does the uncodified nature of the UK’s constitution affect its flexibility?

A

It can be changed with a simple Act of Parliament, making it very flexible

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3
Q

What are the twin pillars of the UK constitution

A
  1. The rule of law
  2. Parliamentary sovereignty
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4
Q

Is the UK constitution entrenched or unentrenched?

A

Unentrenched

constitutional laws are no different than statute laws, meaning the constitution can be amended with an act of parliament

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5
Q

What is the judiciability of the UK constitution?

A

Judges cannot challenge Parliament’s ability to make or amend statute laws - it is non-judiciable

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6
Q

Explain the unitary system of the constitution

A

Based on parliamentary sovereignty - supreme power remains in a single source (parliament),

as opposed to a federal system as seen in the US

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7
Q

Is the UK’s system evolutionary or revolutionary?

A

Evolutionary: the system has been evolving over centuries; constantly changing and adapting to circumstances/current democratic requirements

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8
Q

What are the 5 main sources of the constitution?

A
  1. Statute law - momentous laws passed by parliament
  2. Works of authority - Significant books
  3. Common law - Judicial decisions based on long established practices
  4. Conventions - traditions and customs
  5. Treaties (previously including EU law)(replaced by Statute law after Brexit)

Statute law surpasses all of them.

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9
Q

What is the Magna Carta?

A

(1215) - checks power of king and confirms basic rights.

Clause 40 - used later to define Hebeas Corpus (right to fair trial and fair arrest)

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10
Q

What is the Bill of Rights?

A

(1689)

Further sets out the limits of royal power

requirements for regular parliaments and free elections

rule of law

prohibits cruel and unusual punishment.

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11
Q

What is the Act Of Settlement?

A
  • (1701) Prohibits roman catholics from getting the throne.
  • In 1999 the Scottish Parliament tried to repeal the act but failed.
  • Many bills have also failed to repeal this act.
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12
Q

What are the Acts Of Union?

A
  • 1707
  • parliamentary union of Scotland and England to be governed by Westminster.
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13
Q

What is the Parliament Act (early one)?

A
  • 1911
  • Parliament asserted supremacy of the HoC over the HoL by limiting their legislation blocking powers.
  • Legislation can be passed without the Lords permission if it meets the terms of the act.
  • Only delay money bills for 1 month.
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14
Q

What is the Parliament Act (later one)?

A
  • 1949
  • Limited Lords power further by reducing their general delaying power to 1 year instead of 2.
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15
Q

European Communities Act

A
  • 1972
  • Now repealed due to leaving the EU but just EU law
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16
Q

Human Rights Act

A
  • 1998
  • Guarenteed certain human rights, formalising the ECHR into law
  • Requires the Government to ensure legislation is compatible with convention.
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17
Q

House of Lords Act (early)

A
  • 1999
  • Abolished all but 92 hereditary peers
  • Meant that no political party had a majority.
  • Intended to be the first phase of reform, and hereditary peers were supposed to be removed fully later on - but this never happened
18
Q

House of Lords act (later)

A
  • 2014
  • Gave existing peers the power to resign or retire. This aimed to slow the increase of the chamber as it was becoming too large.
  • Allowed peers to be removed due to serious criminal offences.
  • By April 2017, 58 peers have resigned and a further 4 have been removed through non attendance.
19
Q

Scottish Devolution

A
  • 1997 referendum: 74% in favour, led to Scotland Act 1998
    • Primary powers and income tax varying power ±3p
  • Scotland Act 2012
    • Income tax varying power ±10p, additional taxes
  • Scotland Act 2016
    • Additional powers in relation to transport, energy and welfare
    • Substantial control over income tax, and the proceeds of national VAT
20
Q

What is the West Lothian Question?

A
  • Should MPs from devolved areas (aka not in England) be able to vote on english matters?
  • English Mps could not do the same in reverse, and it does not affect their constitutiencies.
21
Q

What was the solution to the West Lothian Question? Does this fully solve the issue?

A
  • English Votes for English Laws (EVEL) - Legislation that only affects England only requires majority of English MPs.
  • Not fully, a proposed new law can still be vetoed by a majority of all MPs even if a majority of English MPs are in favour.

It has been suspended during the pandemic because it is too difficult to count votes online. Shows its ineffective

22
Q

Welsh devolution

A
  • 1997 referendum: 50.2% turnout, 50.3% Yes - Welsh Act 1998
    • ​Secondary legislative powers
  • Wales Act 2006 led to 2011 Welsh devolution referendum; 35% turnout, 63% Yes
    • Direct law making power in 20 devolved areas, including health and educations
  • Wales Act 2014
    • Minor tax powers, such as stamp duty, business rates and landfill tax
  • Wales Act 2017
    • Income tax ±10p, further powers in transport and energy
    • Name changing powers; now Welsh Parliament/Senedd (2020)
23
Q

Northern Ireland devolution

A
  • Granted legislative powers and similar range of policy powers as Scottish government.
  • No tax raising powers, except the Corporation Tax (NI) Act 2010
  • Special procedures for cross community support. eg. power sharing executive.
24
Q

What happened in the Scottish Independence Referendum?

A
  • 2014
  • Voted no by 55%, very high turnout of 85%
  • Brexit has fuelled calls for another, SNP likely to win large majority in May 2021 elections and claim a mandate for one
25
Q

How did the Constitution change under the Blair/Brown government?

A
  1. HoL reforms 1999 (got rid of hereditary peers)
  2. Electoral reform (introduced Proportional rep in devolved bodies)
  3. Devolution
  4. HRA 1998
  5. FOI Act 2000
  6. Supreme Court
26
Q

How did the Constitution change under the coalition government?

A
  1. Fixed Term Parliaments Act 2011
  2. Further devolution to Wales
27
Q

How has the Constitution changed since 2015?

A
  • Further devolution to Scotland, Wales and Northern Ireland
    • Scotland Act 2016
    • Wales Act 2017
    • Corportation Tax (Northern Ireland) Act 2015
28
Q

Summarise 4 reforms that decentralised power (since 1997)

A
  1. Devolution to UK nations
  2. Brexit - returning all decision making to parliament
  3. Elected mayors
  4. Police and crime commissioners
29
Q

Summarise 5 reforms that enhanced democracy (since 1997)

A
  1. HoL reform 1999
  2. Electoral reform - PR in devolved assemblies
  3. Recall of MPs Act 2015 - MPs can be recalled to face by-election
  4. The Wright Reforms - backbench power
  5. EVEL
30
Q

What are the Wright Reforms?

A

Introduced in 2010, aimed to give the Hoc more scope for schedule

Chairs of departmental and select committees should be elected by secret ballot in the HoC

Backbench Business Committee (BBC) - backbench business scheduled by the House instead of ministers and one backbench motion per month for debate

The house can decide its own seating pattern

Introduction of e-petitions

31
Q

Summarise 2 reforms that enhanced rights (since 1997)

A
  1. HRA 1998; codified the ECHR into statute law
  2. Freedom of Information Act 2000; provided public access to documents held by public authorities
32
Q

Summarise 2 reforms that modernised the system (since 1997)

what did they do

A
  1. Fixed-term Parliaments Act 2011; fixed date of UK elections
  2. Constitutional Reform Act 2005; established Supreme Court replacing the Law Lords and seperated the role of the Lord Chancellor into three seperate roles
33
Q

Arguments that devolution has been a success

A
  1. UK still intact
  2. Devolved assemblies are popular and accepted by all main parties
  3. Welsh interest in devolution has increased
  4. Secured peace in NI
  5. Elected mayors have increased regional identity and ‘metro mayors’ in Manchester and Liverpool etc. have been introduced as recently as 2018
34
Q

Arguments that devolution has failed

A
  1. England and Westminster has slowly lost power; parliamentary sovereignty possibly challenged
  2. West Lothian question not fully resolved
  3. Low turnout in devolved assembly elections hints at low interest
  4. Scottish desire for independence has increased since the arrival of the Scottish Parliament
  5. There is also record backing for Welsh independence (40%) and a creation of the ‘Northern Independence Party’ for north england
35
Q

Arguments for a codified constitution

A
  1. Major principles entrenched, safeguarding them from interference
  2. Individual liberty and minority rights more easily protected, protecting tyranny of the majority
  3. Executive power constrained by a single document
  4. Independent judiciary ensure that constitution is upheld
36
Q

Arguments against a codified constitution

A
  1. Less responsive and adaptable - many reforms since 1997 may not have been possible with a rigid constitution
  2. Entrenchment of rights doesn’t equal enforcement, e.g. Bill of Rights in the USA did not stop lynching of African-Americans and slavery
  3. Government power can be effectively constrained by elections instead of a document
  4. Judges are not socially representative and are unelected - uncodified constitution protects against tryanny of the unelected judiciary
37
Q

Arguments for greater devolution to/in England

A
  1. Fully resolve the West Lothian question - EVEL does not solve it and creates second-class representatives at HoC
  2. Facilitate a federal government
  3. Provide stronger regional identity, and gives a voice to strong identity regions that want more local control (e.g. Cornwall)
  4. England is the only nation in the UK without a devolved body
  5. England currently recieves less money per person than other parts of the UK
38
Q

Arguments against greater devolution for/in England

A
  1. Could complicate the relationship between regions and Parliament
  2. Would create more asymmetric devolution - e.g. how Scotland has more powers than Wales
  3. Little public or party support
  4. England would dominate a federal assembly as the largest country
  5. EVEL has been used successfully
  6. Most English people don’t distinguish between England and the UK - there is no need for it
  7. Many areas of England don’t have a strong local identity and see themselves as English or Btitish
39
Q

What did a committee suggest for HoL reforms and who led this?

A
  • Lord Burns in 2017
  • Reducing the size to 600 peers until at least 2047
  • New peerages restricted to 15 year terms
  • Politcal peers appointed in relation to a party’s election performance
40
Q

Arguments for reforming the House of Lords

A
  • Full or partial election would increase the legitimacy of the second chamber
  • The current process is controlled by the PM and so benefits the governing party
  • An elected chamber may be a more effective check, as the Salisbury Convention would not exist
  • May balance the power of the Commons, which is controlled by the Executive
  • Reducing the size may make it more effective as there is more time for debate
  • 45/92 hereditary peers are Conservatives compared to 3 Lab and LD
41
Q

Arguments against reforming the House of Lords

A
  • It may challenge the authority of the Commons [not necessarily bad]
  • Election would eliminate the experts currently sitting in the Lords, including experienced former ministers
  • The current Lords better represents the popular vote than the Commons - the Conservative Party make up 46% of Lords that affiliate with a political party which is more proportional to the 43% of votes they recieved in the 2019 election than the current 56% of seats they hold in the Commons
  • The Lords works well - it is the most active chamber in the world as it sits for long periods of time and meets frequently
  • It has beeen a useful check on the executive as it is not dominated by parties - since 2019 the Government has been defeated 82 times in the Lords, including on controversial bills such as the Internal Market Billl

UK Politics (10 decks)

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