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AQA A-level Politics > UK government: sources and nature of the british constitution > Flashcards

UK government: sources and nature of the british constitution Flashcards

1
Q

Definition of government.

A

A set of institutions by which a society makes its laws and enforces them.

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2
Q

3 parts of government?

A

Legislature - making laws - parliament
Executive - carrying out laws - pm
Judiciary - interpreting laws - supreme court

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3
Q

Why is there a separation of powers?

A

To prevent dictatorship and bring democracy ensuring no selfish intentions.

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4
Q

Explain the link between HOC, HOL & the Monarch.

A

HOC -> HOL -> Monarch
->laws ->
<- power <-
HOC is the lower chamber and they make the laws.
HOL are hereditary and not elected. The PM selects them. They are the upper chamber and they can reject or accept laws.

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5
Q

The Westminister model

A

Independant judiciary.
Uncodified constitution.
Executive is accountable to pmt.
Doctrine of parliamentary sovereignty.
Fusion of exec & leg.

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6
Q

Definition of Constitution

A

Body of laws/rules that sets out the way the state is organised. Its purpose is that it establishes relationship between the people and the state.

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6
Q

Constitutions consists of?

A

Determining who makes decisions.
Usually includes Bill of rights (1791 US)
Judiciary can address any abuses of power or ‘unconditional acts’.
‘Limited govt’ = democracy.

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7
Q

Codified consists of?

A

Written regulations in single document.
Offered status of fundamental law (above the legislature/congress)
Provisions are entrenched. (requires supermajority - above 50%)

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8
Q

Uncodified consists of?

A

No single source - more organic - ‘unwritten’.
Unentrenched - easily amended.
Limited judicial review.
Parliament has legislative supremacy.
UK constitution is unitary -power in pmt.

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9
Q

Definition of Parliamentary privilege.

A

Pmt have the authority to make laws & receive the freedom of speech in pmt without any legal procedures.

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10
Q

Describe Statute law.

A

Law by parliament.
Supreme source of constitutional law.
e.g. Great reform act, Human rights act, EU communities act.

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11
Q

Why are the HOL useful?

A

Politically useful because they are unbiased and moderate. The ones who aren’t hereditary are chosen based on skill.

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12
Q

Describe Common law

A

Made by supreme court.
Judicial review - clarified unclear statute laws.
Govt can overturn because of parliamentary sovereignty.
Can only call something unlawful not unconstitutional.
Includes royal prerogative (powers of crown) e.g. right to appoint ministers & declare war.

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13
Q

Describe Conventions.

A

Law that is not written but is considered the norm.
e.g. monarch
Conventions may fall into disuse and new ones may be established.
e.g. 2007 - Gordon Brown announced Uk won’t declare war w/o parliamentary vote.
e.g. royal assent

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14
Q

What does the 2013 report of the Commission on the consequences of devolution for HOC (McKay Commission) recommend?

A

Only english MPS should be allowed to vote on measures which were identified as affecting only England.
- first used in Jan 2016 e.g. housing and planning bill.

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15
Q

Definition of Rights.

A

A right is a legal or moral entitlement to behave in a particular way.

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16
Q

Definition of Civil liberties.

A

Fundamental freedoms that are enjoyed my citizens under the style of limited govt practised in most liberal democracies.

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17
Q

What liberties are they granted?

A

Right to assemble, privacy, ownership of property, fair trial, freedom from oppression, slavery, arbitrary arrest etc.

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18
Q

How does AV Dicey claim freedoms are protected?

A
  • Through parliamentary sovereignty
  • Through common law (ease law)
  • Public opinion would not stand for.
    govt intruding on long standing
    freedom.
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19
Q

What is the Human rights act 1998?

A
  • Incorporated convention of Human Rights into Uk law.
  • Cases referred to EU court of HR.
  • Rights are more entrenched.
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20
Q

What is the European convention of human rights? (ECHR 1950)

A
  • intergovernmental body established by Europe council separate from Eu.
  • alleged vios of ECHR investigated by ECHR & tried in EU court of HR in Strasbourg.
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21
Q

What is the royal prerogative?

A

Remaining powers exercised by the crown.
e.g. to seek a dissolution or prorogation (suspension) of pmt.
e.g. BJ asked the queens permission to prorogue pmt for 5 weeks.

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22
Q

What is Authoritative works?

A

Documents with no formal legal status but do hold persuasive authority.
e.g. the english constitution by Walter Bagehot.
e.g. Erskine May’s parliamentary practice.
e.g. the cabinet manual (2010)

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23
Q

What is the cabinet manual?

A

Produced by coalition government. to offer guide to how govt will work. 110 pages describing, ministerial conduct, cabinet composition & scrutiny of govt by pmt.
David Cameron “TCM sets our internal rules and procedures under which the govt operates”

24
Q

What was the Magna Carta? (1215)

A

Royal charter of rights agreed between king John & his barons as response to king’s political crisis. Baronial rebellion.
63 clauses e.g. Free men given right to free trial.
Limiting powers of monarch.
:( Today only 4/63 clauses remain unrepealed today.

25
Q

What was the BOR (1689)?

A

After Glorious revolution & flight of King James who undermined pmt, pmt invited William and Mary from Holland to assume crown.
BOR was one of key terms, consisted of; frequent pmts, free elections & freedom of speech within pmt - PARLIAMENTARY PRIVILEGE, no tax without pmt agreement.

SIGNIFICANCE;
pmt continued to meet each year since 1689.
established parliamentary sovereignty.

26
Q

What was the Act of Settlement 1701?

A

Follow up after BOR. Main aim was to ensure protestant succession to the throne.
Conferring line of succession on descendants of electress sophia of Hanover.
Key milestones as parliaments need for protestant heir was prioritised over hereditary institution.

27
Q

What is Parliament acts 1911 & 1949?

A

Reduced power of HOL.
After HOL rejected people’s budget.
Law ended veto of lords over legislation, restricted their power to delay bill for 2 years & delaying money bills.
1949: reduced delay to 1 year.
Unelected chamber could no longer frustrate the will of elected chamber.
Any bill passed by HOC would become law after 1 year.

28
Q

What is European Communities act 1972? REPEALED

A

Enabled accession of the UK to the European economic community (E
EC)
12 clauses, 300 hours debate, barely passed second reading with 309-301 votes.
All legislation had to conform with European law. Undermines parliamentary sovereignty.

29
Q

What democracy did Tony Blair promise when he won by a landslide (1997)?

A

He passed 12 constitutional bills.
Main reform themes:
- Modernisation of political institutions
- Greater democracy e.g. referendums.
- Devolution of powers away from centre.
- Emphasis on Human rights especially minority groups.

30
Q

House of Lords act 1999

A

Removed all but 92 hereditary peers!& introduced nominated peers “people’s peers”.

31
Q

Constitutional reform act 2005

A

Created a separate supreme court, greater sense of judicial independence & separation of powers.

32
Q

House of Lords reform bill 2012

A

Proposed 80% elected members & 20% nominated & no hereditary peers.
Bill abandoned as 91 conservative peers voted against it.

33
Q

Succession to the crown act 2013

A

Enabled eldest child of monarch to ascend to throne irrespective of their gender. & allowed heir who married Roman Catholic to success to throne.

34
Q

House of Lords reform act 2014

A

Existing peers given right to retire or resign. 106 retired.
Removal of peers for non attendance e.g. Baron Wolfson, or who committed criminal offences enabled.

35
Q

Referendums (Scotland & Wales) act 1997

A

Allowed referendums to be held in Scotland and wales over the creation of devolved assemblies.

36
Q

2011 fixed-term parliament act (FTPA)

A

Prime minister requires 2/3 of pmt support to call an early election.
AV referendum held 2011 to replaced FPTP but defeated by margin of 68%-32%.

37
Q

Scotland, Wales & Northern Ireland act 1998

A

Set up devolved assemblies.
2004 regional referendum held on creation of elected regional assembly & rejected 78-22%

38
Q

Human rights act 1998

A

Incorporated ECHR into uk law. ECHR taken into account when judging cases involving human rights, so less cases referred to European court of HR.

39
Q

Freedom of information act 2000

A

Gave individuals greater access to info held by public bodies- local and National govt.

40
Q

Equality act 2010

A

116 measures to combat discrimination & promote fair society.

41
Q

Protection of freedoms act 2012

A

Citizens offered greater protection through scrutiny of security services e.g. M15 & M16.

42
Q

Data protection act 2018

A

Strict controls on handling and saving of personal data by govt & private bodies e.g. schools, businesses & councils.

43
Q

Freedom of information act 2000 (detail)

A

Public institutions have 2 main obligations:
1. Obliged to publish and give free access about their activities.
2. Members of public are able to make requests via info commissioners office for data & expect response in 20 days.

E.g. BBC asking local councils to reveal how many people sleeping rough in 2019

July- Sep 2020:
11,042 requests, 86% responded, 40% answered & 35% denied.

44
Q

Fixed term parliaments act 2011 (detail)

A
  1. Pm cant unilaterally go to monarch and seek dissolution of pmt & early election.
  2. Exceptions is when govt loses a vote of no confidence & when 2/3 want election.

Act overridden by Theresa May when commons voted 522-13 in favour of early election.
2019 - BJ tried to call thrice for early election & didn’t get 2/3 so he made Early Parliamentary general election act which requires only a simple majority. Which passed.

45
Q

Successes & Failures of modernisation of political institutions

A

Successes:
-HOL is smaller, more diverse & it’s easier to remove peers for misconduct.
-Judiciary given higher public profile.
-Gender equality e.g. in royal family.

Weaknesses:
-HOL reformation is incomplete.
-Power of Supreme Court = too much power in unelected justices, undermining pmt.
-Still illegal for monarch to be a Roman Catholic.

46
Q

Successes & Failures of greater democracy in political system.

A

Successes:
-Greater autonomy in larger cities & mayor of london post has attracted high profile incumbents e.g. BJ.
-Reform of EU not elections has enabled greater party rep - Greens.
-Election of PCCS has enhanced opportunity for political participation.

Weaknesses:
-Majority of cities rejected mayoral elections. 2016 Torbay voted to get rid of position of elected mayor.
- low turnout in mayoral referendums - 15% Middlesbrough 2013.
-Lack of enthusiasm to reform voting system - AV REFERENDUM

47
Q

Successes & Failures of Devolution

A

Successes:
- worked well, no. of devolved powers increased.
- popularity increases

Failures:
- in NI, failed renewable energy scheme meant assembly suspended Jan2017-Jan2020.
- support for devolution not increased. 78% rejected to create a north east regional assembly.

48
Q

Successes & Failures of human rights

A

Successes:
- increased awareness and visibility of rights
- private bodies and employers more accountable and responsible for info they hold.

Failures:
- expansion of rights led to rise of identity politics & clash between individual and collective rights
- controversial e.g. when Supreme Court ruled aspects of anti terror legislation incompatible with human rights act.
- FOI act declined often

49
Q

Definition of Elective dictatorship

A

Constitutional imbalance in which executive power is only checked by the need of govts to win elections.
Little scrutiny.

50
Q

How does British constitution protect rights?

A

-Formal support of human rights by govt. e.g. every parliamentary act contains declaration that act complies with HRA 1998.
-HRA incorporates ECHR into uk law. Eu law provides additional protection e.g. area of workers rights.
-14,000 applications made to Strasbourg from 1966-2010 but only 1.3% cases were a breach of human rights.

51
Q

How does British constitution not protect rights well?

A

-Option to withdraw from ECHR & have BOR.
-Parliamentary sovereignty rather than constitutional sovereignty.
-Social & economic rights are poorly established e.g. appropriate healthcare.
-Unelected PM makes decisions.

52
Q

What is a unitary state?

A

When power is in WM, centralised govt.

53
Q

For a codified constitution

A

-greater clarity on what is and isn’t constitutional
-removing vagueness of custom and tradition is effect modernisation
-easily understood & constitution could entrench key rights rather than leaving it to pmt.
-reduce power of executive.
-conventions are broken e.g. BJ tried to suspend pmt for 5 weeks.

54
Q

Against codified constitution

A

-discourages flexibility & adaptability.
-content for would be hard to decide.
-unaccountable judges given more power as they’d decide what acts are constitutional.
-lack of demand - AV referendum.
-undermines parliamentary sovereignty which served well.

55
Q

Definition of individual rights

A

Rights held by individual citizen e.g. fair trial.

56
Q

Definition of collective rights

A

Those rights that belong to groups ranging from formally organised groups e.g trade unions to faith based, sexuality, gender.
E.g. right to protection from acts of terrorism.

57
Q

Why do these conflict?

A

E.g. individuals have right to practise faith which involved not drinking alcohol or disapproving homosexuality which is at odds with collective rights of groups such as drinkers or LGBTQ+ community.

AQA A-level Politics (10 decks)

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