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71 Cards in this Set

  • Front
  • Back

What was the 1215 Magna Carta?

Signed by King John, reduced his powers as King and allowed formation of powerful parliament + basis for English citizens rights

What was the 1689 Bill of Rights?

Established basis for frequent parliaments, free elections + free speech in parliament - formalised declaration of rights - agreed parliament should wield supreme political power

What was the 1701 Act of Settlement?

Law that forbade Catholics from becoming or marrying monarchs, thus ensuring the monarchy would never be captured by Catholics

What was the 1707 Act of Union?

Joined England and Scotland under one flag and monarchy, forming the UK

What were the 1911+1949 Parliament Acts?

Two acts which reduced to power of the House of Lords - could only delay, not block, bills voted for in the commons

What was the 1972 European Communities Act?

Britain became EEC/EU member - became subject to EU laws and treaties

What was the 1998 Scotland Act?

Weakened central power in Westminster in a major constitutional change, devolved some Westminster powers to a new Scottish parliament

What was the 1998 Human Rights Act?

Incorporated European convention on human rights into British law - clear rights defined how judiciary protects people from government/ Insitutional abuse

What was the 2005 Constitutional Reform Act?

Creates supreme court, ended fusion of powers + secretary of state for justice incorporated role of Lord Chancellor

What was the 2011 Fixed Term Parliaments Act?

Ended royal prerogative right of PM to call 'snap' general election - Parliament runs full 5 years unless MPs vote for early election / vote no confidence lost by government

What is a codified constitution?

A single written document that sets out the rules for government.

What is an uncodified constitution?

When there's no single document that's sets out the rule for governance.

What is parliamentary sovereignty?

Parliament is the supreme legal authority in the UK

What is a unitary constitution?

All legal sovereignty is contained in a single place

What is a federal constitution?

Sovereignty shared between central government and individual states - own rights

What is statute law?

The body of law passed by parliament, underpinned by parliamentary sovereignty - not all laws are constitutional

What is common law?

Legal principles laid down by judges in their ruling in court cases, important when statute law is unclear

What are conventions?

Customs and practices that don't have legal force - challenged and changed by parliament and accepted over time

What are EU treaties and laws?

Agreements with other EU member states, joined in 1973 - 2016 referendum chose to exit

What are the benefits of a constitution?

Stops a small group taking over


Regular fair elections


Stops government acting too quickly


Prevents unfair laws being imposed


Stops government becoming too powerful

What are the features of the UK constitution?

Unelected head of state


Uncodified


Unentrenched


Partial fusion of powers


Unitary constitution

What constitutional reforms did Labour introduce 1997-2010?

Devolution


Human Rights Act


The Supreme Court


House of Lords


Electoral Reform

How did Labour reform Devolution 1997-2010?

Reduced pro-independence support and brought conflicting unionist and nationalist factions together


Raised West Lothian question and 'Barnett Formula'

How did Labour reform The Human Rights Act 1997-2010?

Enshrined rights so judges couldn't strike them down


Declared exemption from article 5 and introduced 2005 control orders e.g. limited movement

How did Labour reform The Supreme Court 1997-2010?

2005 Constitutional Reform Act - 4 years later : high court of appeal, independent branches

How did Labour reform the House of Lords 1997-2010?

Ended the right of all but 92 peers, reduced conservative party, no political dominance in the house of lords


PM/party leaders continued to make political nominations, no agreement reached to make lords somewhat elected

How did Labour reform Electoral Reform 1997-2010?

Proportional representation introduced for elections to Scottish parliament and other smaller assemblies


Labour had no interest in Changing Westminster after crushing defeat in FPTP

What is the West Lothian question?

Scottish MPs could vote on English matters but English MPs couldn't vote on Scottish matters

How did the coalition reform Fixed Term Parliaments post-2010?

Established that a new parliament must be elected on a fixed date at 5 year intervals - only held earlier if 213 MPs vote for one / PM loses vote of no confidence


Theresa May called early 2015 election

How did the coalition reform the House of Lords post-2010?

No major reform since 2010 Plans for a elected House of lords- dropped after rebellion by 91 backbench Conservative MPs - 'revise and delay'

How did the coalition reform the Commons post-2010?

Charis of House of Commons select committees to be chosen by MPs rather than have selection influenced by party leaders


Select committees advisory only

How did the coalition reform Devolution post-2010?

Wales referendum - March 2011 - direct law-making power in all 20 policy areas + 2012 Scotland Act - tax rights + EVAL - January 2016 - ended West Lothian queston


Scotland remained part of UK (55%)

How did the coalition reform Citizens Rights post-2010?

2015 Conservative manifesto pledged to replace Human Rights Act


No change to current HR Act

How did the coalition reform the European Union post-2010?

UK voted to leave EU June 2016


Undecided deal - limited law change but loss of EU authority

What is devolution?

The dispersal of power but not sovereignty within a political system

How has devolution increased?

Law making powers for devolved policy


Significant policy areas fully devolved


Scottish/Welsh assemblies have broad public support


Scottish devolution strengthened demands for independence


London devolution - congestion charge + elected mayors

What powers do Scotland have?

Raise/lower tax


Tourism


Justice + Policing


Fire services


Fisheries and forests


Social services

What powers do Wales have?

Welsh language + culture


Fire services


Fisheries + Forests

What powers do Northern Ireland have?

Justice + policing


Social services


Employment + Skills


Welfare + Pensions

What powers do all assemblies have?

Education


Economic development


Housing


Local government


Culture/sport


Environment


Agriculture


Transport

What powers do England still have?

Defence


Most taxation


Foreign policy


Constitutional matters


Welfare benefits


Trade


Currency / interest rates

What are the arguments for more devolution?

Scotland voted to stay in the EU therefore should be given a chance to remain as an independent country

What are the arguments against more devolution?

Scottish independence was rejected in the 2014 referendum and current system maintains a strong government

What are the arguments for more devolution in England?

Heavily populated, strong but different regional identities which are currently underrepresented and have different needs

What are the arguments against more devolution in England?

Current system effective, EVAL resolved issues


2004 - proposals for more regional assemblies was widely rejected

What are the arguments for more electoral reform?

Smaller parties under-represented and current system overrepresents large parties and more proportional results in Scotland, Wales and N.Ireland

What are the arguments against more electoral reform?

AV referendum in 2011 rejected and FPTP gives strong governments with clear mandates

What are the arguments for more House Of Lords reform?

Lords lack democratic legitimacy and are unelected and unrepresentative

What are the arguments against more House Of Lords reform?

Current system based on merit and experience and elected house would mirror the commons with professional politicians

What are the arguments for stronger human rights protection?

Not entrenched and can easily be modified, requires move protection, government can take away liberties

What are the arguments against stronger human rights protection?

1998 Act brought the UK into line with other EU states - human rights in national law - protected

What is direct democracy?

Individuals express their opinions themselves - originated in Athens

What is a representative democracy?

People elect representatives who take decisions on their behalf

What are features of direct democracy?

Individuals express opinions themselves


Not elective


Citizens active in decision making

What are features of representative democracy?

Citizens elect representatives to make decisions on their behalf


Citizens pass their authority to representatives


Regular elections


Elections for representatives are free / fair

What are the advantages of direct democracy?

Equal weights to all votes


Encourages participation


Removed need for reps.


Develops community + debate

What are the disadvantages of direct democracy?

Impractical in large state


People might not want to take part


Open to manipulation


Tyranny of the majority

What are the advantages of representative democracy?

Practical in a large state


Parties create pluralist democracy


Reduces tyranny of majority


Representatives held to account by elections


Politicians are better informed

What are disadvantages of representative democracy?

Reduced participation


Parties pursue own agenda


Minorities underrepresented


Elections 5 years apart


Politicians corrupt/incompetent

Referendum

A direct vote on a single issue usually requiring response to yes/no question

What is an unentrenched constitution?

Altered relatively easily by a simple majority vote in parliament so more flexible than codified

How can parliament be said to be sovereign?

Legislation cannot be struck down by a higher body


No parliament can bind it successor


Parliament can make a law on any subject

What is covered by the rule of law?

Everybody is entitled to a fair trial or be imprisoned without due legal process


All citizens must obey the law


Public officials are not above the law


Judiciary must be independent

What are authoritative works?

Textbooks explain the working of the political system such as Erskine May's Parliamentary Practice (1844)

How did the the Blair government try to extend regional decision-making?

By setting up unelected Regional Development Agencies, to promote economic development - abolished by the coalition who created 'city regions'

What are the new city regions?

Cambridgeshire + Peterborough


Liverpool


Greater Manchester


Sheffield


Tees Valley


West Midlands


West of England

How was devolution in Northern Ireland established?

1998 Good Friday Agreement - brought Unionists (pro-UK and Protestant) and Republicans together

What are arguments for extending devolution?

England is the most heavily populated part of the UK, receives less per person


EVEL weakens unity


Devolution has been effective


Strong UK regional identity

What are arguments against devolution?

England would dominate a federal structure


EVEL has resolved the West Lothian question


Most English people don't see the difference between England and British


Defeat of Blair's 2004 proposals

What are arguments for an entrenched and codified UK constitution?

Educate the public


Wouldn't make it impossible to amend the constitution


Greater clarity of rights


Protected by constitutional court - more legitimacy

What are arguments against an entrenched and codified UK constitution?

No public demand for change


Greater flexibility


Effective in complex situations


Doesn't require interpretation


Unjustified power in hands of unelected, unaccountable judges who are out of touch