UK constitution Flashcards

Question

devolution argument

Answer 1

good for scotland quite good for northern ireland England doesn't get much (metro-mayors)

Answer 2

1. more power to existing devolved regions - unequal devolution off powers - make it more equal however, different appetite dfor devolution - poll from YouGov - Wales support - didnt want devolution in 1997

Answer 3

federalism: power is given equally and is protected by a constitution

Answer 4

answers West Lothian question

Answer 5

- Scotland act 1998 (established scottish parliament) - governemnt of wales act 1998 (established welsh assembly) - human rights act 1998 (translated ECHR into UK statute law) - House of Lords act 1999 (reduced number of hereditary peers to 920 - Constitutional reform act 2005 (created supreme court to take over from Law lords) - FTPA 2011

Answer 6

Set the dates of General elections to be exactly 5 years apart, 7th May 2015, 2020 etc Gave two possible routes to early elections: - 2/3 of MPs voted to have one - If the Government lost a formal "no confidence" vote which was based on a majority

Answer 7

Dissolution and Calling of Parliament Act, 2022 Repealed FTPA, restoring monarch's prerogative power to dissolve Parliament and call elections However, maximum parliament duration is 5 years

Answer 8

Supreme Court Verdict Common Law - derived from precedent and custom states that nuisance can be caused by any means The argument was made that the viewing platform is not a general and ordinary use of land, particularly in the area the Tate is in (as used in Bell v Ray 1873) Supreme Court ruled the Platform DOES constitute a nuisance, overturning the Court of Appeal ruling

Answer 9

- The gallery had a 360 degree viewing platform, constructed in 2000 that could now see into a new block of flats that had been recently constructed - The owners of the flats (Fearn and Others) argued that the Viewing Platform constituted "intrusive viewing" and this was a "tort of nuisance" under the UK's Common Law - Case ended up with the UK Supreme Court

Answer 10

- Infringement on the Rights of Society as a whole - "crimes against society" e.g. Murder and Theft - prosecuted by the state - tried in a Magistrates' Court or the Crown Courts - prison sentences, fines etc

Answer 11

Theft is defined in the Theft Act 1968” The offence of theft is defined in the Theft Act 1968. The UK uses statute law to clearly define many crimes (theft, fraud, etc.), while some areas (like murder) still rely partly on common law.

Answer 12

Human Rights Reform under New Labour Human Rights Act 1998 encompassed ECHR into UK Law Higher Courts with powers to issue "Declarations of Incompatibility" Gender Recognition Act 2004 allowed recognition for trans persons

Answer 13

Freedom of Information Act 2000 Act giving the right of access to information held by public authorities such as schools & hospitals

Answer 14

Devolution to Northern Ireland under New Labour 1998 Good Friday Agreement gave devolved powers health care transport education + to pass laws Coalitions mandated The largest unionist party and the largest nationalist party must share power. The First Minister and Deputy First Minister are joint and equal in authority. Ministers are allocated using the d’Hondt system (proportional representation). Self Determination British-Irish Council Promote cooperation on shared issues (transport, environment, energy). It strengthened UK–Ireland relations after decades of conflict. Decommission of Arms (IRA) Paramilitary groups (like the IRA and loyalist groups) were expected to give up weapons.

Answer 15

'cash for honours' tony blair repeatedly claiming he will "restore trust in the government" and calling conservatives "sleezy" but labour revealed they had Between 2006–2007, it was alleged that wealthy individuals who had loaned large sums to Labour were nominated for peerages. Around £14 million in secret loans were given to Labour before the 2005 election. Unlike donations, loans did not initially have to be publicly declared. Several lenders were later nominated for seats in the House of Lords. Lord Levy Michael Levy Blair’s chief fundraiser. Known as “Lord Cashpoint.” Arrested and questioned by police. Seen as central to arranging loans and nominations. The FOI Act was introduced by Tony Blair’s government to promote openness in public bodies. However, party political funding sits in a grey area because political parties are not public authorities under the Act.

Answer 16

- House of lords reform Allowed the expelling of non-attending and misbehaving peers 6 peers were expelled last year

Answer 17

Critics argue this creates an “elected dictatorship” situation — a phrase famously used by Lord Hailsham in 1976 — meaning a government with a strong Commons majority can pass or repeal major constitutional laws easily.

Answer 18

2️⃣ Electoral Referendum (Alternative Vote) What it did: Held a referendum in 2011 to replace FPTP with Alternative Vote (AV). Outcome / Success: Failed. 67% voted to keep FPTP. Evidence: Electoral Commission data (2011 AV referendum). Evaluation: Failure — Lib Dem priority for electoral reform was blocked by public vote.

Answer 19

Constituency Reform (Boundary Changes) What it did: Proposed to reduce number of MPs from 650 → 600. Equalise constituency sizes for fairness. Outcome / Success: Not fully implemented. Political disagreement delayed the changes, especially with opposition from Conservatives in 2013–14. Evaluation: Partial failure — plan abandoned for 2015 election; shows limits of coalition influence.

Answer 20

House of Lords Reform What it did: Promised to replace Lords with fully elected chamber. Reduce hereditary peers. Outcome / Success: Only minor reforms implemented: Small reduction in hereditary peers. Slight adjustment in appointments. No fully elected chamber introduced. Evaluation: Largely failed — key Lib Dem reform blocked by Conservative coalition partner. but got 6 memebrs expelled last year for not attending

Answer 21

GOAL: Make the HRA 1998 more robust within UK law. Lib Dem influence: Wanted courts to have stronger powers to strike down incompatible legislation and ensure better enforcement of individual rights. Conservative influence: Wanted to clarify limits of the HRA to prevent “judicial overreach,” but still keep basic protections. Key proposals: Ensuring the HRA remained central in UK law after European Court of Human Rights judgments. Encouraging UK courts to interpret legislation to comply with the HRA before going to Strasbourg. Outcome: No radical reforms passed, but the Coalition issued guidance and policy statements emphasizing courts’ duty to uphold rights. Maintained the HRA as the primary domestic mechanism for human rights, resisting pressures to repeal it.

Answer 22

“elected dictatorship” situation — a phrase famously used by Lord Hailsham in 1976

UK constitution Flashcards

(47 cards)