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Constitution Flashcards

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1
Q

Is the UK constitution evolutionary or revolutionary

A

Evolutionary: it is shaped by gradual law change over time rather than a sudden event that overthrew a central power

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2
Q

Name 2 examples of revolutionary constitutions

A

France and the USA

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3
Q

What did the Magna carta do in 1215

A

Barons placed limits of the power of the monarchy, ensuring the crown was not above the law

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4
Q

What did the parliments acts of 1911 and 1949 do

A

1911: Took away the house of lords rights to veto law, but instead delay it
1949: shortened right to delay from 2 years to 1 year.

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5
Q

What did the European communities act of 1972 do

A

The Uk officially joined the EU, and later declared that european law would take precedence over domestic law

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6
Q

What does entrenched mean

A

The constitutional lasw is impossible to be altered without complicated procedures requiring the agreement of more than just the legislature

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7
Q

Is the UK’s constitution entrenched

A

No

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8
Q

What does uncodified mean

A

The Uk constituiton is derived from a variety of sources

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9
Q

As the UK constitution is not entrenched and therefore doesn’t represent highert law, what does this give parliament

A

Sovereignty

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10
Q

What protects rights of British citizens

A

The judiciarys interpretaitons of law following natual justice, and the principle that the government should act according to rule of law

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11
Q

What does it mean that the UK is a Unitary state

A

It means that power is very centralised, as parliament has complete power to enact law

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12
Q

What does the US having federal; states means

A

States have powers that can’t be overrided b y the central government

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13
Q

What challenges the idea of the UK being a unitary state

A

Devolution to the Scottish parliament and Welsh assembly

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14
Q

What are the five things that form the UK constitution

A

Statute law, common law, conventions, treaties and historic events

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15
Q

What is statute law in terms of forming the constitution

A

Momentous acts of parliament contribute to the constitution

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16
Q

Provide 2 examples of statute law forming the constituion

A

The parliament act of 1911, which removed the House of lords rights to Veto, and the Human rights act 1998 which incorporated EHCR into Britishj law, so that public bodies hav e to act according to these guidelines

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17
Q

What is common law in terms of forming the constitution

A

The ways in which to judiciary interprets the meaning of law contributes to the development of case law, this is very important when statute law is unclear

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18
Q

Name an example of common law forming constitution

A

Entick VS Carrington ruled that the executive cannot infringe upon liberties fo citizens without legal justification

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19
Q

What are conventions in terms of forming the constitution

A

Normallities which arent recognised by law but are the standard

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20
Q

Provide an example of a convention influencing constitutional law

A

Salisbury convention- The House of Lords does not coppose legislation within the winning party’s manifesto

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21
Q

What are landmark decisions in terms of forming the constitution

A

Historial events so momentous thaty the contribute towards constitution

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22
Q

Provide an example of A landmark decision which influenced the constitution

A

The Magna Carta in 1215

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23
Q

Name an example of an authoratitive work that influenced constitution

A

AV Diceys introduction to the law of constition- introduced twi n pillars

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24
Q

What is AV Dicey’s twin pillars

A

He suggested that the constitution sits upon the requirements that there is parliamentary sovereignty and rule of law

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25
Name an example of Treaties affecting constitution
The Treaty of Accession suggested we would follow the treaty of Rome, so that the UK accepted existing European community law
26
What is a constitutional monarchy
A state where the monarchy have to follow rulke of law
27
What four main things did Blair aim to do when changing the constitution
Decentralisation, Democratisation, Transparency and Rights protection
28
How did Blair aim to decentralise power
Providing Welsh and Scottish their own elected governments
29
What did the good friday agreement do
Meant that Northern Ireland had a referednum to enforce a devolved assembly
30
What was the aim of Blair's devolution
To increase self determination of constituent parts of the UK, so state had more power to enforce change specialised to the needs of their citizens
31
As well as providing contries i nthe UK with powers what else happened in devolution
Creation of Metro mayors, who had power over towns cities and regions
32
What was the aim of introducing metro mayors
To mae the local government more accountable to the publiv
33
What did the hereditary principle do that was negatuve
It undermined the legitimacy of the house of lords, as these people werent elected but instead from aristocratic famillies and therefore had little expertise
34
What did Blair do about the hereditary principle
Removed the rights of hereditary peers ot attend
35
What was the Human rights act 1998
It incorporated the European convention fo HUman rights into British law
36
What did the HRA act do for the judiciary
Provided them with important new powers to protect civil liberties
37
What was the Laporte caseI
As case the showed how, when police stopped anti Iraw War protestors from reaching RAD fairford, they violated freedom of expresssionj nas well as the right to a private life
38
Why does the HRA actually have limited power
Parliament can enact law which violates the act with no need for a special process
39
What was an example of a limtiation of the HRA
The Belmarsh case- Parliament enbacted law that foreign terorrist suspects could be held indefinetely, this was illegal as it treated foreign suspects different from British one
40
What did the Constitutional reform act do in 2005
Ended the House of Lords Judiciary function, an enforced thje supreme court, Made the head of the judiciary a non political figure
41
What is the fixed term parliaments act- under the coalition government
It meant that the general election was held exactly five years after the last so that the prime minitist cannot easily call for a snap election
42
What was the further devolution under the coalition government
Wales voted in favour of haviung more legilative power and control overm Sctland also were given more power over tax
43
What did David cameron do in terms of constitutiona lrefornm
He increased devolved powers to Scotland and increased powers of metro mayors, incorporating more of them without referendums
44
What is the westlothin question
It wondered that since so much power had been devolved to other states, should westminster also be devolved to give england more power
45
What evidence is there that despite devolution, Scotland may want more independence
Scotland firmly voting to Remain in the EU
46
What is evidence that Scotland dont want further independence
The Scottishn n ationa party have declined in popularity from 2015- 2017, dropping 14%
47
What are the arguments for devoltuion to England and other regions
Previously, political power was largely held by England as it was the most populous nation. By introducing devolution, we increase the political representation of countries in the UK, and thus allow them to appropriately address their countires needs, maximising economic growth and social wellbeing. It also increases the accountabillity of local governmnet.
48
What is an example of the asymmetrical nature of Englands devolution
Barnett formula- Public funding is per capita less in Englandss than other parts of the UK
49
What are arguments against further devolution in Eengland anhd other regions
There is little English interest, and most citizens feel that their opinions are represented by Westminster- little enthusiasm for metro mayors etc, EVEL just increased the complexity of the political system, reducing efficiency, An english parliament would challenge authority of Westminster
50
What is EVEL
English votes for English laws- MPs representign areas outside of England don't have impact on our law change
51
What did Lord Hailsham say about the UK not havinbg a codified constitution
That England would become an 'elective dictatorship', as there is little challenging parliamentary sovereignty
52
What are key arguments against the UK's uncodified constitution
More protection for liberties of Brits, More authority to the supreme caught challening parliamentary sovereignty, Would vlarify the relationship between branches of the government
53
What are key arguments against a codified constitution
Flexibillity is extrmeely important for constantly evolving societal values, More democratic as there is more power for the elected reps, Judiciary are already successful at upholding liberties
54
What is an example of Flexibilltiy of the constitution being useful
Legalisation of Homosexuality, abortion and abolishing capital punishment in the 1960s
55
What is an exazmple of The US's entrenched constitution being inflexible
Suitable gun law is difficult to put in place due to the 2nd amendment.
56
Evaluate EVEL
EVEL aimed to address the Westlothian question, reducing the assymetry of reform by only allowing English MPs to vote for English law. However the scheme was eventually scrapped, as it reduced governmental efficiency and was rarely decisive, rather than increasing democracy.
57
Why was EVEL rarely decisive
Governments already usually had English majorities so outcomes didn't change
58
Why did EVEL not actually solve the Westlothian issue
In most instances the UK parliament still vote as a whole, England still had no seperate mparliament
59
When was the FTPA act repealed
2022
60
Why did FTPA need to be reformed
It caused political deadlock, as it was alot harder to trigger elections with a 2/3 majority.
61
What is an example of FTPA causing political deadlock
In 2021 it was hard to pass any policy regarding Brexit, as the house of commons was divided, and the conservatives had a very minor majority. To solve this BOJO wanted to call an election so the publuc could decide what direction to go in, but it was too difficult to.
62
Why can't the HOL ignore the salisbury convention if its not legally binding
Due to it overriding democracy, they would recieve backlash so that the house of lords would have power removed from them, it would also reduce legitimacy of the HOL.
63
What does Scotland voting remain in the EU illustrate about devolution
Devolution has failed to fully address the political preferences of the Scottish population.
64
What does de jure mean
Something recognised by law, but not actually coming into practice in reality.
65
What does de facto mean
Contrasts de jure, something that exists in reality, although it may not be officially recognised. It is something that describes how things actually work rather than how they are supposed to.
66
What is the Sewel convention
The government is not allowed to give direct orders to the Welsh and Scottish political bodies on issues they have precedent over
67
What is an example of the fixed term parliament act limiting people
BOJO in 2019 wanted to call a snap election but was incapable
68
What was the Recall of MPs act 2015
It allowed constituencies to vote on whether they would like their MP to be expelled from parliament, if 10% of the constituency agrees then they are expelled
69
What is an example of the recall of MPs act 2015 working
Chris Davies was ousted due to fake expense reports
70
What did the Recall of MPs act 2015 aim to do
Increase the accountability of local governments
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