unit 1 constitution

Question 1

Magna Carter 1215

Answer 1

Sets out the principle that no one including the King is above the law, sets out the right to a fair trial for all free men

Question 2

Bill of Rights 1689

Answer 2

Established the idea that the Monarch’s power is reliant on the consent of Parliament and set up frequent parliaments, freedom of speech within parliament (parliamentary privilege) and free elections

Question 3

Act of Settlement 1701

Answer 3

Only a Protestant could become monarch and gave control over the line of succession to the throne to parliament

Question 4

Parliament Act 1911

Answer 4

In response to budget crisis, prevented Lords from delaying money bills and prevented delaying other bills for 2 years

Question 5

Parliament Act 1949

Answer 5

Reduced the period of delaying a bill to 1 year

Question 6

1972 European Communities Act

Answer 6

Gave EU law precedence over UK law, Brexit involves repealing this act

Question 7

What does uncodified mean?

Answer 7

Not written down, made up of multiple sources

Question 8

Rule of law

Answer 8

Everyone is subject to the law, the judiciary must be independent

Question 9

Devolution in England

Answer 9

English votes for English laws
Decentralisation of powers to cities

Question 10

EVEL

Answer 10

In 2015 EVEL was introduced, addressing the issues of Scottish MPs voting on issues that didn’t affect Scotland
Means certain parliamentary votes can only be attended by MPs from England/Wales
Applies to education, criminal and health law

Question 11

Decentalisation of powers to cities

Answer 11

Some city mayors have more financial powers and control over their city budget
Can keep revenue from business projects to be reinvested in the city
EG Manchester, Liverpool, Cornwall

Question 12

Scottish Parliament and Government

Answer 12

Scotland Act 1998
Scotland Act 2016
Indy ref

Question 13

Scotland Act 1998

Answer 13

Following a referendum in favour of devolution
Established a Scottish Parliament with powers of its own
First elections in 1999
AMS for voting members in parliament
Formed by largest party in parliaments

Question 14

Scotland act 2016

Answer 14

Second stage of devolution following indy ref
Powers include welfare service, air passenger duty and income tax

Question 15

Independence Referedum 2014

Answer 15

55% to 45% vote for No in answer to should Scotland be independent
After winning 48/59 seats in 2019, Nicola Sturgeon requested a 2020 ref2 but Boris Johnson declined
Cannot have another referendum without UK Government consent
Supreme Court ruled in Nov 2022 that proposed referendum was outside Scotland’s legislative powers
Section 30 order was passed to give Scotland the legislation for the initial referendum but this expired on 31st Dec 2014

Question 16

Devolution in wales

Answer 16

Government of Wales Act 1998
Government of Wales act 2014

Question 17

Government of wales act 1998

Answer 17

Welsh National Assembly established
No lawmaking/financial powers
Assembly could run public services and decide how to allocate funding
Powers for health, public services, education and agriculture

Question 18

Government of wales act 2014

Answer 18

Gave powers to the Welsh government over stamp duty and business taxes.
Stated a referendum would be held to decide whether Wales could have some control over the income tax of its citizens.
In 2015 the Welsh government was granted powers over income tax up to £3 billion per year without a referendum taking place.

Question 19

Northern Ireland Assembly and Executive

Answer 19

Good Friday Agreement
Devolution
Dissolved parliament

Question 20

Good Friday Agreement 1998

Answer 20

Restored devolved powers to previous dissolved Government
Established an assembly to be elected using proportional representation
All major parties guaranteed ministerial positions

Question 21

devolution

Answer 21

Healthcare, transport, agriculture, policing and education powers transferred
Granter power to pass laws not reserved for Westminster

Question 22

Dissolved Parliament

Answer 22

Parliament was dissolved in 2002 following tensions between Loyalists and Republicans
Reopened in 2007

Question 23

Successful reforms

Answer 23

Good Friday has helped to ensure peace in NI
The 2005 Constitution Reform Act established a Supreme Court which is independent of parliament and government
Fixed term elections prevent prime ministers calling a snap election to gain political advantage

Question 24

failure reforms

Answer 24

No electoral reforms away from FPTP
In 2017 SNP won 25 seats with 3% of the vote, Lib Dems won 12 seats with 7.4%
House of Lords unelected

Question 25

Against Reform

Answer 25

Increase divisions, disunity
Too many elections
No significant demand

Question 26

For Reform

Answer 26

Improve accountability
Increase political participation
Regional problems better addressed

Question 27

Parliamentary sovereignty

Answer 27

Parliament is supreme, no Parliament can bind its successor

Question 28

Unitary

Answer 28

Power is held by one central authority, diluted in recent years and now referred to a union state

Question 29

Unentrenched

Answer 29

A constitution with no special procedure for amendment.

Question 30

Statute law

Answer 30

Law made by parliament
Eg 2005 Constitutional Reform Act created a separate Supreme Court

Question 31

common law

Answer 31

A legal system based on custom and court rulings

Question 32

Conventions

Answer 32

A way in which something is usually done, especially within a particular area or activity.

Question 33

Authorative works

Answer 33

Works written by experts describing how a political system is run, they are not legally binding but are taken as significant guides.

Question 34

Constitutional reform 1997 -2010

Answer 34

House of Lords reform, devolution, HRA, Supreme Court, electoral reform

Question 35

Demand for reform

Answer 35

Issues in NI, unhappiness in Scotland, New Labour promising change

Question 36

House of Lords act 1999

Answer 36

Reduced the number of hereditary lords in the House of Lords from 1,330 to 92
Modernised the House of Lords, means actual experts can be elected (Lord Norton - politics professor), underrepresented groups can be seen
Life peerages means Lords don’t have to worry about reelection, can focus on needs of the country
26 Bishops but no representation for other religions, HoL still unelected
2017 Burns report called for reduction of the over 800 members, large and costly

Question 37

devolution

Answer 37

1998 Scotland Act, Northern Ireland Act + Government of Wales Act
Growing demand
Collapse of power sharing agreement of NI in 2017
In 1998 Wales gained fewer powers than Scotland
2014 Indyref
2016 Brexit process, hard border Northern Ireland Act 1998
West Lothian question
Barnett formula worked out Scotland, Wales and NI receive more money per head than England

Question 38

Human rights act 1998

Answer 38

Incorporated the European Convention on Human Rights into UK law
Supreme Court can strike down secondary legislation that is incompatible with the HRA, but primary legislation they can only issue a doctrine of incompatibility
Fundamental rights of British Citizens laid out
Conservatives don’t like link to European Court of Human Rights at Strasbourg and want to replace the HRA with a British Bill of Rights
2005 control orders

Question 39

2005 Constitutional Reform Act

Answer 39

Created a SC, replacing the Law Lords where senior judges sat in HOL
Separated government and judiciary, formed SC and reformed appointment process for senior judicial appointments
Split the powers of Chancellor into 3, making judiciary more independent
Established a Judicial Appointments Commission to appoint candidates based on qualifications, before they were appointed by Lord Chancellor and PM, Gov makes final decision but JAC must approve
Clear separation of powers
SC is weaker, can’t strike down legislation, not very diverse

Question 40

electoral reform

Answer 40

New Labour brought about the AMS for Wales and Scotland and STV for NI
2011 ref on AV instead of FPTP, FPTP majority
Voting age, in 2014 Indy ref it was 16

Question 41

Reforms under the coalition 2010-2015 and since 2015

Answer 41

Fixed Terms Parliaments Act 2011 set 5 year periods between general elections, took away the power of PM to call snap elections can now only occur if 2/3 of MPs agree or no confident vote
In 2017 May was able to call a general election because 2/3 of MP agreed
2014 Government of Wales Act - control over some taxes, in 2015 granted income tax powers
Elected mayors 2010-2015, police commissioner introduced
In 2016 further powers to Scotland
2015 Recall MPs gave constituencies the power to recall inappropriate MPs if 10% of constituency agreed
From 2015 Conservatives gave power to bigger cities, 2016 Manchester was given the power to control budget for social care and healthcare

Question 42

Should reform be taken further?

Answer 42

Successful reforms - judicial system, devolution esp peace in NI, SC, fixed-term act
Failures - still FPTP (in 2017 SNP 35 seats 3% of vote, Lib Dems 12 seats and 7% of vote), HoL is unelected and undemocratic

Question 43

debate over the further devolution

Answer 43

Improve accountability, increase living standards and potentially political participation, regional problem better addressed
Increase divisions by promoting disunity, too many elections leading to voter apathy (lack of interest), not significant demand

Question 44

should the constitution be codified?

Answer 44

Protection of human rights, checks on gov power, clarity for citizens
1998 HRA act is codified but parliament can override
Clearer than uncodified Constitution
Uncodified constitution allows for a strong government, codified could politicise the judiciary, codified can limit government action
Changing to codified could be difficult, no major problems in the UK, may lead to SC dealing with issues (USA example) - unelected court dealing with political issues