UK GOVERNMENT - The Constitution Flashcards
1
Q
What is a constitution?
A
The rules of the political game, defining the powers and responsibilities of different groups and how government and the people should behave.
2
Q
What is the difference between the construction of a codified and uncodified constitution?
A
codified constitutions are layed out in a single document, whereas uncodified constitutions are spread out over multiple.
3
Q
What three democratic countries have uncodified constitutions?
A
The UK, New Zealand, and Israel
4
Q
What is the difference between a federal and unitary state?
A
power is spread between multiple sources in a federal state, whereas in a unitary state it is centralized to a single place.
5
Q
What 6 ideas do constitutions establish?
A
- Distribution of political power
- Political processes
- Competences of government
- Rights of citizens in relation to the state
- Rules of nationality
- Rules of amendment
6
Q
On the level of governmental power, how is the UK’s constitution peculiar?
A
Given the rule of ‘parliamentary sovereignty’, there is no limit to the powers of the UK Parliament; whereas, other constitutions (such as France) circumscribe their governments.
7
Q
On the level of amendment, how is the UK’s Constitution strange?
A
Amending the constitution is quite easy, it can be changed with a new parliamentary statute, the slow evolution of unwritten rules, or the publication of new guidance.
8
Q
What is required for and amendment in France and Ireland?
A
A referendum
9
Q
Development of the UK Constitution - 1215:
A
Magna Carta is signed in by King John, establishing Rule of Law and its application to the Monarch
10
Q
Development of the UK Constitution - 1689:
A
Parliament passes The Bill of Rights due to worries of William III and Mary exceeding their powers, establishing Parliamentary Sovereignty.
11
Q
Development of the UK Constitution - 1701:
A
The Act of Settlement established the legal rules for the succession of the Throne; however, its significance lies in establishment of the monarch as the ruler of the whole of the UK (aside from Northern Ireland (added in 1921)).
12
Q
Development of the UK Constitution - 1707:
A
The two Acts of Union abolished the seperate Scottish Parliament and established the Modern Great Britain. A similar Act of Union added Ireland in 1801, which was changed to Northern Ireland in 1921 after the independence of the Irish Free State.
13
Q
Development of the UK Constitution - 1911/49:
A
The two Parliament Acts dissolved the equal status between the Houses of Parliament, making the Lords now only capable of delaying legislation and not interacting with ‘money bills’.
14
Q
Development of the UK Constitution - 1972:
A
The European Communities Act brought the UK into the European Economic Community which would later become the European Union. This had multiple effect such as moving sovereignty to the EU and away from Parliament.
15
Q
Development of the UK Constitution - 2017:
A
After the Brexit Referendum, the European (Notification of Withdrawal) Act gave Parliamentary consent to the UK’s exit from the EU.
16
Q
What 3 features must a constitution have to be codified?
A
- It must be contained in a single document
- It must have a single source/have been created at a single moment in history even if amended
- Constitutional laws must be clearly distinguished from non-constitutional laws
17
Q
On the level of protecting rights what is a strength of uncodified constitutions?
A
In times of crisis, an uncodified constitution can be easily changed. For example, after the Dunblane Massacre in 1997, Parliament introduced sweeping gun regulation - compare this to the USA and the second amendment.
18
Q
On the level of protecting rights what is a weakness of uncodified constitutions?
A
This malleability can also make it very easy to negat people’s rights; governments can capitalise on populist fear to overturn certain rights. For example, after 9/11, Blair passed a law that allowed terrorists to be jailed for 90 days.
19
Q
What does ‘entrenchment’ mean?
A
Constitutional rules are well protected and dificult to change, often requiring a super-majority
20
Q
On the level of entrenchment, how is the UK different from most other democratic countries?
A
In the UK, sovereignty lies with Parliament instead of the constitution. This inhibits entrenchment as Parliament can easily change it by pasing a new statute.
21
Q
What is an example of a fundamental change to the UK constitution?
A
The 1998 Human Rights Act incoporated much of the European Convention on Human Rights to the UK constitution very easily.
22
Q
What is another reason the government can change the constitution so easily?
A
Given that most governments have a large majority in the Commons, it is very easy to pass legislation and amend the constitution.
23
Q
Give an example of the failings of an unentrenched constitution.
A
The Fixed Term Parliament Act 2011 intended to fix a parliamentary term to 5 years. However, since 2015, there has been an election in 2017 and 2019. Ultimately, the Dissolution and Calling of Parliament Act 2022 repealed it.
24
Q
Is the UK Unitary or Federalist?
A
Neither, due to the recent devolved bodies, the UK has become quasi-federalist where some power is spread out but it is largely centred in Parliament (solely, legally speaking).
25
Define ‘legal sovereignty’
Ultimate power and the source of all political power, as enforce by the legal system and the state
26
Define legal sovereignty and give an example.
Where supreme legal authority lies; in 2005, Labour would have breached Article 5 of the HRA with its use of control orders if it weren’t for the Counter Terrorism Act 2005.
27
Define political sovereignty and give an example.
The realistic ability to exercise legal power; legally, the government could abolish the HRA but that wouldn’t be realistic so they do not have the political authority to
28
Define popular sovereignty and give an example.
Democracy is built on the will of the people being fulfilled; 78% of MPs voted to trigger Article 50 despite 80% voting to remain in the EU because the referendum showed the will of the people.
29
Define pooled sovereignty and give an example.
When Parliament shares its legal authority with groups like the EU or NATO; pre-HRA, Parliament had to make sure its laws aligned with the ECHR.
30
What are the ‘twin pillars’ of the British political system and according to who, when?
In the 1800s, A. V. Dicey called parliamentary sovereignty and Rule of Law the ‘twin pillars of the British political system’.
31
What is Rule of Law?
Everyone is treated the same by the law and the Constitution is based in such laws.
32
What is the importance of Rule of Law?
The idea of law falls apart if people are no longer willing to follow them as they feel they are being treated unfairly by them.
33
What are the 5 sources of the UK Constitution?
- Statute Laws
- Constitutional Convention
- Authoritative Works
- Common Law
- Treaties
34
What is the highest source of the UK Constitution and why?
Statute laws take precedent over other sources as it is created by Acts of Parliament so has legal authority.
35
What is a constitutional convention and why are they important?
It is an unwritten rule that is considered binding to all members, they make up much of the Prime Minister’s powers such as patronage and conducting foreign policy.
36
What is an authoritative work?
Key constitutional principles are often clarified by legal scholars and experts over time. Eventually, these calrifications become part of the constitution.
37
What is 'common law'?
Common law is largely a relic from Anglo-Saxon principle, whereby law is developed through historica usage and tradition.
38
What is the most important application of common law?
Asserting and protecting the basic rights of citizens from encroacing governments.
39
Why has common law become less important?
Most common law has been replaced by statutes and the HRA (1998).
40
What are treaties?
Formal agreements with other countries, usually ratified by Parliament.
41
What is the importance of treaties to the relationship between the UK and the EU?
Most of the relationship between the UK and the EU was defined by treaties such as the Lisbon Treaty 2009 that gave the EU full legal personality and abolished the European Community.
42
What is the most famous UK treaty?
The European Convention on Human Rights that bound the British and made them subject to the European Court of Human Rights, arguably losing some sovereignty.
43
Outline 3 statute laws.
- Human Rights Act (1998): Incoroprated the ECHR into UK law
- Freedom of Information Act (2000): introduced the righst of citizens to see all official documents to see non-national security official documents
- Fixed Term Parliament Act (2011): attempted to have an election every 5 years, abolished in 2022
44
Explain 3 constitutional conventions.
- The Salisbury Convention: the HOL shall not block legislation that appeared in the government's most recent manifesto
- Collective responsibility: all members must support the government policy or face resignation
- Government formation: the King must invite the leader of the largest party in the Commons to form a government
45
Outline 3 authoritative works
- A. V. Dicey and Rule of Law
- Blackstone and Parliamentary Sovereignty
- The 'O'Donnell Rules' of 2010 and the formation of a coalition government
46
Outline three treaties.
- The Maastricht treaty (1992): created the European Union
- The Lisbon Treaty (2009): funtioned as an EU constitution
- The Paris Climate Change Accords (2015): commited the UK to cut carbon emmissions
47
How are the prerogative powers both constitutional conventions and common law?
Both are based in long, uncodified tradition so the line often blurs.
48
What were the 4 main aims of New Labour for constitutional reform?
- Democritization: by removing undeomcratic institutions and processes
- Decentralization: by dispersing power to smaller regions
- Stronger protection of rights: by bringing the ECHR into UK law
- Modernisation: by removing outdated processes
49
What were New Labour's 2 intended House of Lords reforms and how successful were they?
1. To remove all hereditary peers; although this was compromised down to 92 out of the 753 staying, it was hugely successful and had strong effects on the workings of the HoL
2. To replace the HoL with an elected or partly-elected chamber; this was taken off the agenda after sufficent obstruction
50
What act removed most hereditary peers and what was the compromise to keep 92 known as?
- The House of Lords Act 1999
- The Cranborne Compromise
51
What was the main New Labour HoC reform concerned with?
Departmental select committees
52
What were three New Labour HoC reforms?
- 2004: awarded additional salaries to the heads of DSCs
- 2010: introduced a system for electing heads of DSCs
- 2010: introduced the Backbench Business Comittee which gave more power to MPs
53
What 2 acts were the strongest rights reforms introduced by New Labour?
- The Human Rights Act 1998
- The Freedom of Information Act 2000
54
Outline two things the Human Rights Act did.
Incorporated the ECHR into UK law, making all public bodies subject (except maybe Parliament) and gave courts the right to enforce it as it becomes relevant.
55
Even with Parliamentary sovereignty, why is the ECHR binding on all parts of the UK?
If the government wishes to pass a law that contravenes, they must give an overwhelming reason to do so.
56
How is Parliament still sovereign even with the HRA?
Parliament still has legal sovereignty as they have the ability to repeal it at any time, tough they do not have the political sovereignty.
57
How wsa the FOIA 2000 different to similar acts in other parts of Europe?
It was watered-down: the security services are exempt and the government can censor any information for national security.
58
Outline the events of the 2009 Parliamentary Expenses Scandal.
In 2008, the Daily Telegraph was granted a request to release the details of expenses claims made by MPs. The exposed widespread abuse of the system even led 6 MPs and 2 Peers to be sentenced to prison time and MPs like Phil Hope to pay on excess of £40,000.
59
Give an example of an expense found in the 2009 Parliamentary expenses scandal.
Conservative MP Peter Viggers had claimed over £30,000 in gardening expenses over three years and had attempted to claim a 'pond feature' for £1,650 which would later be dubbed the "floating duck island".
60
Why did New Labour originally propose electroral reform?
Fears of needing the LibDems to form an outright majority led Blair to absorb some of their proposals, such as electoral reform.
61
Why did New Labour never push forward with general election reform?
By the time Lord Jenkins report reccomending AV+ be used, enthusiasm had waned and New Labour had benefitted from FPTP so had no real reason to change it.
62
What electoral reform did New Labour carry out?
Devolved bodies like the Northern Irish, Scottish, and Welsh Parliaments were all given alternative voting systems so they could be more representative of their country.
63
What led to the creation of the Constitutional Reform Act 2005?
Growing suspicion of the relationship between the judiciary and the government during Lord Faulkner's investigation into government actions surrounding the Iraq War.
64
How did the CRA seperate judiciary and government?
The role of the Lord Chancellor was originally highly ranking in all three branches, this percieved lack of judicial independence was ameliorated by merging the role of the Lord Chancellor with the Justice Secretary and removing the judicial aspects.
65
Why did the CRA establish the Supreme Court?
Previously, the highest Court of Appeal was the Law Lords who were members of the House of Lords; this dual-membership of the judiciary and the legislature was seen as innappropriate.
66
Why did the CRA change the way judge are appointed?
Given that judges were largely appointed by the PM and Lord Chancellor, there was a constant danger and fear that appointments would be made on the basis of ideology rather than qualification, which would corrupt Rule of Law.
67
How did the CRA ensure the independence of judicial appointments?
Although the government has final say, the Judicial Appointments Comittee gives all nominations to ensure a level of qualification. Additionally, appointments to the Supreme Court, the highest court in the land, is completely independent.
68
Why was the Fixed Term Parliament Act 2011 created?
There wer fears Parliament could easily defeat the coalition if it became divided and that the threat of calling an election could be used to bully the LibDems into submission; the Act took the ability to call an election out of the PM's hands and remove the danger of disagreement equalling destruction.
69
Despite it's repeal, how has the FTPA 2011 been impactful?
Both times, the PM has sought the permission of Parliament to call a snap election and a general election was called 5 years after the second; this shows a convention-in-the-making whereby the PM will seek the permission of Parliament to call an election or adhere to the fie-year rule.
70
Outline the Recall of MPs Act 2015.
The Act allowed for constituencies to 'recall' an MP who had been involved in dubious actions, requiring a petition by at least 10% of constituents.
71
Give the first and latest MPs who have lost their seats due to Recall elections.
- 2019: Labour MP Onasanya was recalled due to a criminal conviction of 'perverting the course of justice' and lost her Peterborough seat.
- 2023: Conservative MP Bone was recalled due to bullying and sexual misconduct and lost his Wellingborough seat.
72
What fraction of MPs have lost their seat due to a recall election since 2015?
4/6
73
Outline the Government of Wales Act 2006.
Power over 20 ley areas may be transferred to the Welsh Parliament if the people of Wales vote for it in a referendum.
74
What areas did Welsh Parliament gain control over as a result of the 2006 Welsh Government Act?
20 key areas including:
- Health
- Education
- Transport
- Environmental policy
75
What did the Welsh Act 2014 do?
Gave the Welsh Assembly financial power to raise 25% of its annual budget.
76
What issue did the House of Lords Reform Acts of 2014/15 resolve?
By 2014, the Hol had grown to more than 900 members due to longer life expectancy and appointments. 2014 allowed peers to resign or retire and 2015 allowed them to be sacked.
77
What Scottish and Welsh devolution have the Conservatives done since 2015?
Due to a surge in Scottish nationalism, strong financial autonomy was granted to Scotland, this was known as 'devo-max'.
Additionally, similar levels of fiscal and legislative powers were granted to what would become the Welsh Parliament in to the Welsh Act 2017.
78
Outline 'English Votes for English Laws'.
EVEL introduced another stage of legislation where the Speaker would determine whether a law was relevant to devolved bodies; if not, the relevant bodies would gather and vote on if it would continue down the legislative process.
79
How was EVEL a success and a failure in solving the West-Lothian Question?
It meant that only English, and Welsh, MPs were voting for laws that only affected England, and Wales. However, decisions are tied together, when the London Olympics were ruled UK-wide, it sparked a row between Westminster and devolved bodies.
80
What is a Combined Authority? How many are there?
A Combined Authority is a region where local councils will combine resources and share services to maximise efficiency. There is currently 10.
81
What act officially created Metro-mayors?
The 'Cities and Local Government Devolution Act 2015'
82
What is the importance of the metro-mayors for devolution?
Over the 10 metro-regions, more than 40% of England lives under a devolved body.
83
Give two schemes by combined authorities.
- Greater Manchester: £30mn a year housing investment fund
- Tees Valley: £6mn housing delivery team
84
Define 'devolution'.
The process of delegating powers, but not soveriegnty, to dpecific regions of the country.
85
Why did devolution become so prevalent after 1997?
- Renewed nationalism in Wales and Scotland
- The Good Friday Agreement could be cemented by devolution to Northern Ireland
- New Labour was elected with a huge mandate for constitutional reform
86
Why is there little devolution to England?
Little demand, many see Westminster as the English Parliament as English MPs take up 533 of 650 seats and 85% of UK population.
87
What led to the abandoment of English regional devolution?
Deputy Prime Minister Prescott held a referendum in the North East in 2004 which was starkly shot down with a 78% 'no'.
88
What led to the creation of the Greater London Assembly and the London Mayor?
In 1985, Thatcher dissolved the Greater London Council, which she saw as a powerful stronghold of socialism in the centre of British Conservatism. Blair wished to restore this, additionally creating the first ever elected Mayor in British history.
89
What has Sadiq Khan done?
- Free school meals for all state primary school pupils
- Funded 1,300 more police officers
90
Why might further devolution to mayors be unnecessary?
People don't want it, 40% of the electorate voted in the 2024 London Mayor elections.
91
What primarily 2 acts pertain to Scottish devolution?
- The Scotland Act 1998
- The Scotland Act 2016
92
What lead to the Scotland Act of 1998? What powers did it include?
A referendum in Scotland asking whether they wanted a Scottish Parliament with law-making powers and whether it should be able to vary tax. The result was a 74% yes with a 60% turnout. Powers included: variation of income tax by 3% and health services.
93
What lead to the creation the Scotland Act 2016? What powers did it include?
At the start of the century, Scottish nationalism had grown to the point that a referendum on full Scottish independence was answered by 44.3% of Scottish voters with 'yes'. To capitalise, the main parties added devolution measures to their manifesto. Powers included: wider legislative power and half of receipts from VAT in Scotland
94
Why has further Scottish devolution been called for?
In Brexit, 62% of Scottish voter wanted to Remain in the EU. This has highlighted the difference in culture between Britain and Scotland and perhaps the only way to resolve it is independence.
95
Why can one argue that Scottish Devolution is unnecesary?
Two reasons: the SNP the main party that calls for devolution and independence) laost 500,000 votes in 2024, possibly refelting a loss of belief. Additionally, thatcher argued that devolution is a road to independence and, given the majority don't want this, its unnecessary.
96
What 4 acts devolved powers to Wales?
- The Government of Wales Act 1998
- The Government of Wales Act 2006
- The Government of Wales Act 2014
- The Government of Wales Act 2017
97
Why is the existence of the Governmet of Waled Act 1998 perculiar?
There was very little interest: the 1997 Welsh Devolution referendum has a 50.5% 'yes' vote with a 50% turnout. It only really occured because New Labour was big on devolution generally.
98
What was the main role of the Government of Wales Act 1998?
It set up the Welsh National Assembly, which was given administrative power over areas like health, education, public transport, etc. but no ability to pass primary laws and no financial control.
99
What events led up to the 2014 Government of Wales Act?
The LibDems supported further decentralization and fears that the gap between the powers of Scottish and Welsh Parliament would be too wide led to the 2006 Act (gave minimal devolution) which promised a referendum in 2011 where 63.5% voted for further devolution.
100
What three provisions did the 2014 Government of Wales Act allot?
- A referendum in Wales on whether the Welsh government should have partial control over income tax
- Welsh Government gets control over various taxes, like business taxes and stamp duty on property sales
- Welsh Government gets limited power to borrow money
101
Give 2 key provisions of the Government of Wales Act 2017
- Ability to vary income tax by 10p on the pound
- Administrative and legislative responsibility for areas like energy efficency
102
How is Northern Irish Devolution peculiar?
There was a devolved government and Parliament in NI between 1921 and '72 when it had to be shut down due to sectarian violence.
103
Give 3 powers devolved to NI in the Belfast Agreement 1998
- Some passage of laws
- Education administration
- Healthcare
104
When did the Parliament dissolve the NI Assembly and what does it highlight?
Amongst increased tensions between Loyalists and Republicans, it was dissolved from '02 to '07, highlighting the continued sovereignty of Parliament over devolved bodies.
105
Give 3 differences between Scotland and England made by devolution.
- No uni tuition fees for Scottish students
- Free prescriptions
- Personal care for the elderly is free
106
Give 3 differences between Wales and England made by devolution.
- No school league tables
- Free prescriptions for under-25s
- Uni tuition fee capped at £6,000
107
Give 3 differences between Northern Ireland and England made by devolution.
- Gay marriage was not recognised till 2020
- Greater restrictions on abortions
- Free prescriptions
108
What is the debate on devolution and crisis management?
Is it better to have a united front when dealing with a national crisis or for individual regions to have their own strategies?
109
Give an argument for and against further judicial reform.
+ Previous acts made the judiciary more independent and willing to challenge the government (CRA), further reform could give them more power for scrutiny, such as giving them enforcement power
- This would require a codified constitution and a fundamental change to the UK political system. Additionally, an unelected group should not have more power than government (A.V. Dicey - Parliamentary sovereignty)
110
Give an argument agains further devolution.
- It has created a sense of unfairness in the UK, with things like the West Lothian question and the English support of Scotland's free tuitions (EVEL). Additionally, support may be limited.
111
Give an argument for and against further reform of the House of Lords.
+ Still got 92 hereditary peers (Starmer plans to get rid of them) and experts having more power could be good (Lord Sugar)
- Unnecessary: they lack power due to the Parliamentary Acts 1911/49 and the Salisbury Convention - Failure to stop Rwanda
112
Give an example and counter example for the positivity of a flexible codified constitution.
+ Allows quick response when needed: Gun laws were swiftly reformed after the Plymouth shooting but there are continued, difficult debates about gun laws in the US due to the 2nd amendment.
- May be too easy: Rwanda scheme and the Safety of Rwanda Bill allowing override of judiciary
113
Give an argument and counter argument for the positivity of executive power under an uncodified constitution.
+ Government represents the people of the time so should have sovereignty without the interference of past governments (AV Dicey: parliamentary sovereignty as one of two pillars of British Democracy) and allows them to respond appropriately- Blair's 90 day terrorist detentions
- A codified constitution can ensure the respect of people's rights by overzealous governments and act as another system of checks and balances - stopped Bush from declaring a US citizen an 'enemy combatant' without trial under the 5th amendment
