1
Q
three (U) features of the UK constitution
A
- uncodified - not contained in a single writen document
- unentrenched - no special procedure to ammend it, meaning it does not have a status superior to other laws
- unitary - political power is centred in one place and all regional and political bodies are subordinate to it - Westminster parliament is sovereign
2
Q
constitution definition
A
set of rules setting out powers and structure of government and rights of citizens
3
Q
sovereignity definition
A
supreme power
4
Q
functions of a constitution
5 functions
A
- to define where power is distributed within the states/regions at all levels
- how power is distributed between institutions in each layer e.g. executive, legislature and how they operate
- what rights the citizens have
- territoral integrity of the state e.g. thisis the constitution for the UK
- how the constitution should be ammended
5
Q
what are the two pillars that the UK rests on
A
- parliament is sovereign
- the rule of law is paramount
6
Q
sources of the constitution
five sources
A
- statute law - laws passed by parliament that concern the constitution e.g. the HRA
- conventions - an unwritten rule or custom which is considered binding. usually a result of the passing down of royal prerogative powers e.g. Salisbury convention
- authoritative works - reference books by eminent scholars like AV Dicey that are not legally binding e.g. O’Donnell rules of 2010 on how a coalition government may be formed and the rule of law
- common law - judge made law which other judges follow establishing precedent, normally about rights
- treaties - binds the UK to a certain international obligation e.g. Paris Climate Accords 2015
7
Q
how has the UK constitution grown
A
organically - over time and not through an invasion or revolution
8
Q
key dates to do with the evolution of the constitution
5 key dates
A
- Magna Carta 1215: takes some power away from the king and establishes the rule of law
- Bill of Rights 1689: makes parliament sovereign and ensures the monarch stays within the constitution
- Reform Act 1832: first of many to extend the franchise - 1867, 1884-5, 1918 and 1928
- European Communities Act 1972
- EU withdrawl Agreement Act - passed January 2020
9
Q
democratising constitutional reforms: the lords
4 reforms
A
- 1999 House of Lords Act - labour removed all but 92 of the hereditary peers
- house of lords reform act 2014 - peers can retire/ if inactive (for long periods e.g. five years) they are forced to resign - before they could not resign
- house of lords reform act 2015 - can be removed for bad conduct
- current labour reforms - removing the rest of hereditary peers, establishing a retirement age
10
Q
democratising constitutional reforms: the commons
reforms
6 points
A
- increased power of select committes introduced in 1979 to scrutinise each government department
- in 2004 the chairs were then paid in order to increase their status
- by 2010, both liason and select chairs were elected, reducing the power of the whips
- liason committe, all the chairs interview the the PM twice a year
- recall of MPs act 2015 10% of constituents can petition if bad conduct e.g. Fiona Onasanya in 2019
- 2011 Fixed Term Parliament Act - PM can only call an early election if they get 2/3s support e.g. in 2017 and 2019. - repealed in 2022
11
Q
democratising constitutional reforms: the judiciary
one reform
A
- 2005 constitutional reform act - seperates the SC from parliament, takes away their roles in government and sets up an individual Judicial Appointments Commission to appoint judges
12
Q
democratising constitutional reforms: electoral reform
3 reforms
A
- devolved assemblies and parliaments use proportional representation
- new labour though ignored Lord Jenkin’s appointed commission’s recommendations of AV for westminster parliament
- regulated elections more effectively with the Political Parties, Elections and Referendums Act 2000 and 2009 which limit spending
13
Q
Rights reforms
2 reforms
A
- 1998 Human Rights Act - boosted status and awareness of rights. however SC can’t strike down an act but can recommend a Declaration of Incompatibility
- Freedom of Information Act 2000 - gives citizens and backbenchers the ability to see government information.
14
Q
why was there a growing demand for devolution in Scotland by 1997
2 points
A
- 1960’s and 70’s discovery of North Sea Oil boosts economic case for independent Scotland.
- typically left country that was enraged by Tory rule by 1997, particuarly poll tax. not a single Tory MP in Scotland 1997
15
Q
why was there growing demand for devolution in Wales by 1997
A
similar reasons to Scotland, minus the oil
16
Q
why was there growing demand for devolution in Northern Ireland by 1997
2 points
A
- local government and police were dominated by a Protestant majority
- Troubles still a problem. many saw power sharing form or devolution as a way to end this issue
17
Q
how was Scotland devolved in 1997
five points
A
- 1997 ref result: 70% yes to devolution
- devolution of some tax varying powers, education, health and transport powers to new Scottish parliament.
- elected by AMS from 1999 every four years
- 1998 Scotland Act
- labour executive at first
18
Q
how was Wales devolved in 1997
6 points
A
- 1997 ref result: 50.4% yes to devolution
- thus weaker devolution powers
- Welsh Assembly
- elected by AMS
- Government of Wales Act 1998
- purely administrative, allocated government funds to limited areas, had no financial control or ability to pass primary laws
19
Q
how was Northern Ireland devolved in 1997
4 points
A
- good friday agreement referendum: 71.1% said yes
- Belfast Agreement 1998 - powersharing agreement, ended the troubles,
- set up the Northern Irish Assembly which is elected by PR
- basic powers e.g. education, healthcare, policing, transport and agriculture
20
Q
further devolution in Scotland
four further reforms
A
- Scotland Act 2012: increased borrowing powers and tax provisions
- 2014 independence referendum - 55.3% no
- Scotland Act 2016: post 2014 ref, increased economic powers around tax and benefits, promised a referendum before they could be abolished thus promising its permanence
- 2022 SC ruling on second independence referendum - no, only once in a generation, led Sturgeon to resign
21
Q
devolution definition
A
the transfer by the centre of powers to subordinate authorities whilst retaining sovereignity
22
Q
laws that are unique to Scotland
five laws
A
- Scotland has distinct courts
- lower drink driving limits
- no tuition fees to residents
- free personal and nursing care for the elderly
- different licensing laws
23
Q
further devolution in Wales
3 further reforms
A
- Government of Wales Act 2006: leads to a referendum on further devolution in 2011 - 63.5% yes and 35.63% turnout
- Government of Wales Act 2014: could make primary legislation on taxes and expanded borrowing powers
- Government of Wales Act 2017 - greater power over borrowing and taxes, greater control over more areas e.g. energy, renamed Welsh parliament
24
Q
why did further devolution occur in 2014
3 points
A
- lib dems supported it
- increasing national sentiment
- fears of too much difference between Scotland and Wales (reason for further Welsh devolution)
25
how many people voted remain in the EU referendum in Scotland, Wales and NI
Scotland: 62% - majority remain in all councils
Wales: 47.5%
NI: 55.8%
26
further devolution in Northern Ireland
| 3 points
- suspended 2002-7
- in operation from 2007-2017 where it saw powers in relation to policing and justice transfered over
- collapses again from 2017-2020
27
2024 election results for nationalist parties
SNP: 9 - second largest party in Scotland
Plaid Cymru: 4
Sinn Fein: 7
DUP: 5
28
current majorities in national assemblies
Scotland: SNP (largest party since 2007)
Wales: always labour
Northern Ireland: powersharing between Sinn Fein and DUP
29
evolution of the SNP's seat share in Westminster
- 2010: 6
- 2015: 56
- 2017: 35
- 2019: 48
30
evolution of Plaid Cymru's seat share in Westminster
- 1997: 4
- 2010: 3
- 2015: 3
- 2017: 4
- 2019: 4
31
the West Lothian Question
Scottish MPs are able to vote on laws that don't affect their constituents - e.g. when they voted on if tuition fees should be increased to £3000 in 2004 when Blair needed their support yet it doesn't affect Scotland
32
EVEL
in 2015- passed by the conservatives
- made sure that the English and Welsh could be the only ones voting on issues that affect them
- didn't ensure though that measures desired by just them was passed though
- suspended in 2020
33
reasons for regional mayors
| four reasons
- local democracy is closer to the people, more accurately reflects demands
- needs within a city varies
- England is too 'London centred'
- devolving powers boosts local democracy
34
English mayors
- 2010-15 referendums in the 12 largest cities for mayors
- mayors in London, Liverpool and Greater Manchester
- control over policy areas such as policing, transport and economic development
- in 2011 referendums, only 2/11 voted to have a mayor
35
what were the results of the 2004 north east assembly referendum and what was the turnout
- 22.07% yes
- 47.71% turnout
36
Was the rule of law upheld by Johnson
many accused Johnson of being above it by proroguing parliament and parliament
- maybe not though as he was kicked out by party, but kind of due to other scandals
37
two types of parliamentary sovereignity
- legally sovereign: no higher law making body
- politically sovereign: the only body that represents the people
38
arguments that the constitution should be codifed
| 3 reasons
- protects human rights
- provides a check on the government by giving the SC the ability to make judgements and allows parliament to know its clear powers
- more clarity for citizens over their laws and constitution as a whole
39
arguments the constitution should remain uncodified
| 4 reasons
- allows for a strong government as it can be easily changed so they aren't bound by previous parliaments - doesn't limit them with protections the constitution puts in place
- it's flexible]
- a codifed constitution could politicise the judiciary as they become more involved in political issues
- not necessary to change it - it would take lots of time and money (conventions like the royal prerogative would need to be written down) and parliament has never execised its sovereignity in the way often feared
40
what does parallel consent mean in terms of the Northern Irish assembly
where a motion needs the support of half the MLA's in total and half the unionist and nationalist MLA's also
41
successes of the Northern Irish Assembly
| 3 successes
- power sharing has made it harder for paramilitary groups to recruit members. the police are more respected
- reduced unemployment and an increase in foreign investment
- they have a good record for PMB's with 34% becoming law compared to Westminster's 5%
42
failures of the Northern Irish Assembly
- the only period of extended devolved government was 2007-17. even this period saw tensions ball over with the UUP leaving the coalition in 2015
- the petition of concern allows the signatures of 30/90 MLAS to trigger a cross community vote e.g. in 2015, the DUP used it to block Sinn Feins proposals on same sex marriage in 2015
- they lag behind the republic of Ireland and the rest of the UK on issues like abortion and LGBT rights
- there remain concerns over oversight and corruption
43
how many times has the assembly been suspended since 1998
five times - the most recent being 2017-2020
44
what was the turnout at the 2021 Greater Manchester mayoral election to re-elect Andy Burnham
34.7%, suggesting a lack of participation
45
evidence the house of lords should be reformed
| 3 points
- problems with corruption e.g. when Blair was questioned by police in Cash for Honours scandal of 2006-7
- accusations of cronyism e.g. Blair appointed 374 life peers in 10 years, Cameron's resignation honours list appointed just 1 labour peer
- it is unelected and unaccountable
46
evidence the house of lords shouldn't be reformed
| 3 points
- benefits of expertise and being elected
- problems if it were to be elected
- there is the House of Lords Appointment Commission which only scrutinises or disapproves of recomendations
47
what global crisis allowed the devolved bodies to vary from the Westminster government in their response
covid as it was a health issue
