Politics: Unit 2 (British Constitution)

KEY STATUTES: What was introduced as part of the Parliament Act of 1911?

Limitation of the power of the House of Lords.

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KEY STATUTES: What did the Human Rights Act of 2000 introduce into UK law?

Government and subsidiaries had to conform to the European Convention on Human rights, restrictions on imprisonment.

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KEY STATUTES: What did the European Communities Act of 1972 introduce?

Established UK membership to the EU, transferred some powers to Brussels, allowed Britain access to the single market.

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KEY STATUTES: What did the Scotland, Wales and Northern Ireland Acts of 1998 introduce?

Increased devolution to the three national regions of Britain, and specified where power resides in different circumstances.

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What is the Salisbury convention (unwritten)?

States that the House of Lords is expected not to defeat any legislation that was specified in the ruling party's last manifesto.

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What are the Prime Ministers "prerogative powers" (unwritten)?

Gives the Prime Minister unrestrained power to appoint ministers, dissolve Parliament (i.e call general elections), grant peerages and honours, and declare war.

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What is collective Cabinet responsibility?

States that the government ministers should defend official government policy. Public disagreement leads to resignation or dismissal.

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What is civil service anonymity?

A principle which requires central government civil servants do not publicly acknowledge their precise role in policy-making.

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How does government formation take place?

The Queen invites the leader of the party that wins the General Election and holds a majority in the House of Commons to form a government and become Prime Minister.

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What are the main advantages of the British constitution?

Flexible so leads to rapid change when needed, rights are protected more quickly, electoral system makes gov't strong & stable, extremist parties unlikely to gain significant power.

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What are the main disadvantages of the British constitution?

Rights can be quickly taken away, power too centralised, elected dictatorships can wield unlimited power, peerages & QUANGO's gain too much power, gov't can withhold info for up to 30 years

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What are the main features of the British constitution?

Uncodified, flexible, easily amendable, centralised,sovereignty of parliament, constitutional monarchy, royal prerogative, fusion of powers, made up of several sources.

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Name the sources of the British constitution.

Constitutional conventions, Bill of Rights 1689, Law & customs of Parliament, Regulations, EU Law, Prerogative powers of the crown, Human Rights Act 1998, Magna Carta, Judicial reviews, treaties and agreements.

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What are constitutional conventions?

Unwritten rules that guide our constitutional behaviour, customs of political practice that are accepted and observed.

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What are some examples of constitutional conventions?

The general recognition that the choice of the Prime Minister should be made from the house of commons, and the proceedings of cabinet should be kept secret.

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What is the Bill of Rights (1689)?

An act of parliament which has become a basic document of English constitutional law. Statement of the rights which citizens living under a constitutional monarchy should possess.

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What is the Magna Carta (1215)?

Asserts the view that a monarch could and should be controlled by his people through Parliament.

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What impact does European Law currently have on Britain?

By joining the European Economic Community in 1973, the UK agreed to accept a body of constitutional laws that had been already passed on creation of the EEC (became the EU).

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What percentage of the UK voted to leave in the EU referendum in 2016?

51.9% LEAVE.

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Which takes precedent in the UK: UK or EU law?

EU Law.

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What are the laws and customs of Parliament?

Rules relating to procedures of the houses and the priviledges of its members.

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Where are these laws and customs found?

Standing orders, sometimes referred to by the speaker of the house, detailing the conventions of Parliament.

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What are the prerogative powers of the crown?

Royal prerogative powers consist of a number of powers and priviledges formerly performed solely by the monarch, now performed by ministers in his/her name.

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What is this more commonly known as?

Sovereignty of Parliament.

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What does this allow the government to do?

Executive not required to seek Parliamentary authority to take actions on most things.

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Where has this notably been rebuffed?

Supreme court ruling that the House of Commons must be consulted on Brexit decisions and EU negotiations.

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why did Tony Blair decide to make significant changes to the British constitution as part of New Labour's government?

Needed to be modernised post-Tory rule, desire for divuldged powers to Scotland, N.Ireland and Wales, need for more democracy, to encourage and promote further rights.

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How was the constitution modernised?

Institutions such as the Executive, parliament and the civil service were using outdated and inefficient procedures that were in need of reform.

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Why was more decentralisation needed?

Citizens in Scotland, N.Ireland and Wales wanted more focused legislation and more representation.

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What steps were taken to provide this for these areas?

Referendums on assemblies for Wales, N.Ireland and Scotland- Scottish Parliament, Welsh assembly, London assembly and N.Irish assembly set up.

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What was done to increase the rights of UK citizens?

Introduction of the Human Rights Act (1998), Freedom of Information Act (2000), Civil Partnerships Act (2004).

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What were the main changes to the British constitution under Tony Blair?

Human Rights Act, Devolution, Decentralised, Devolution, Electoral Reform, Parliamentary reform, Judicial reform, Freedom of Information, Civil partnerships.

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Why can the Government no longer control lending rates for the UK?

The Bank of England was made independent under Blair.

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Why was the introduction of the Human Rights Act (1998) not seen as a complete success?

Article 5 of EU convention on Human Rights overturned (liberty and security for all, even terrorists) and reforms were incomplete or partial, and areas of the UK had varying law changes

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Which attempted devolution of power in the UK failed after a referendum in the area?

North East England Assembly.

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In what year was the North East England Assembly referendum?

2004.

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Why was the decentralisation of power from Westminster not a complete success?

Only 12 local authorities adopted the elected mayor model.

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What reforms were made to the House of Lords?

All but 92 hereditary peers removed, reforms on power, business of the House and processes/practises.

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Why were all but 92 hereditary peers removed?

To combat the common stereotype that all members of the House of Lords were older, white, conservative or right-wing men.

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What further action did Tony Blair's government do to combat this stereotype?

Added significant numbers of Labour, Liberal Democrat and other/non-affiliated Lords to balance the opinions.

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What reforms were made to the Judiciary?

Almost completely separated from the fusion of powers between the executive and the legislature to provide independence, Supreme court set up (from 2009), new appointment system to make appointments more open, changes to the role of Lord Chancellor.

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What is meant by a constitutional monarchy?

Government ministers are politcally accountable to parliament and legally accountable to the crown.

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What was the Glorious Revolution of 1688?

Established the supremacy of parliament over the monarchy, after parliament helped the daughter of King James II and William III of Orange.

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What roles does the Queen/ monarchy perform as monarch?

Ceremonial duties, often serve in armed forces, represents the country and people, gives honours, pulic engagements, ambassador, head of CofE, assigns PM, owns all land, head of state, Royal Assent, gives power to parliament.

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What are the positives of retaining a monarchy?

No power to overthrow democracy anyway, acts as an ambassador, attracts a large amount of tourism and is therefore a boost to the economy.

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What are the negatives of retaining a monarchy?

No power to act on anything, out of date.

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What are the two key areas of law?

Criminal law and Civil law.

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What is Criminal law?

On issues regarding behaviour "disapproved by the state".

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What is Civil law?

On issues regarding relationships between individuals and groups.

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What are the types of laws in the UK?

Common law and Statute law.

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What is Common law?

Based on previous decisions and circumstances, sometimes uncodified, can be influenced by previous court rulings.

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What is Statute law?

Based on bills passed by parliament outlining precise laws, usually codified.

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Which act reformed the structure of the Judiciary in the UK?

CRA- Constitutional Reform Act (2005)

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What is the highest level of court in the UK currently?

Supreme Court (12 "law" Lords).

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What issues do Crown courts deal with?

Criminal offences- usually presided over by circuit judges or recorders/ high court judges in serious cases.

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What issues do County courts deal with?

Civil offences- usually presided over by circuit judges or high court judges for complex cases.

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What issues does the Court of Appeal deal with?

Appeals from cases of the Crown Court.

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Who presides over appeal cases in the Court of Appeal?

EITHER: One appeal court judge OR two senior high court judges.

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Where else can appeals to the Court of Appeal come from?

Hears cases of appeal from the High Court, and in some cases county courts.

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Where did the powers of the Supreme court formerly reside?

With the House of Lords.

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What is the role of magistrates?

First stage in dealing with serious crimes such as **** and murder, which are then referred to the crown court for sentencing, but most often deal with more minor crimes such as ASB.

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How many magistrates are there in the UK?

21,500.

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How old must you be to become a magistate?

Between 18 and 70 years of age.

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Who presides over young offenders cases?

Specially trained magistrates.

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What is the role of a jury?

Charged with deciding whether a defendant is guilty of a crime or not- selected at random from the population.

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What is the role of a judge?

Undertake specialist training to preside over specific areas of court proceedings such as murder/****, interpet the law and issue sentences based on the decision of the jury, also listen to arguements and maintain order during court proceedings.

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How were judges formerly appointed?

Appointments made by monarch on recommendation of PM & Lord Chancellor, lower level vacancies (High Court Judges) only advertised since 1990's), No obligation to fill vacancy with an applicant, known as "secret soundings" - nature of appointments.

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What sort of people are appointed as judges?

Usually born into the professional middle classes, often educated at public schools then Oxbridge, usually white, older males.

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Why were the law lords removed and put into the Supreme Court?

Judges should be completely impartial and have no political affiliation.

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Why was the Supreme Court set up?

Concerns over impartiality, criticism of opaque system of appointments, widespread confusion over the role of law lords.

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What is a "meritocracy"?

A system of society whereby people are promoted or achieve success due to their skills and efforts, rather than their background or connections?

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Define nepotism.

Succeeding due to who you know, rather than what you know.

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Give a quote to show why British judges are often seen as out of touch with society.

""Blacks" should not serve as judges because of their "alien" cultural backgrounds"- Lord Denning 1970's.

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Why should judges be independent?

Role is to protect the liberties of British citizens whilst protecting the country by hearing court cases and sentencing criminals.

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What is judicial independence?

The principle that those in a judicial role should be free from political control or affiliation.

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What is judicial neutrality?

Where judges operate independently and impartially in the administration of justice. This is an essential requirement of law enforcement.

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What are the six pillars of judicial independence?

Security of tenure- open ended terms until 75 years old, guaranteed salary- prevents incentive, offence of contempt in court, separation of powers, independent appointments system, strong training and experienced judges.

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What are the threats to judicial neutrality?

Social background of judges, intolerance of ethnic minorities & activists, viewed with suspicion by trade unions and minorities.

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What happened in the A v Secretary of State for the Home Dept case?

UK did not sign up to article 5 of the EU Convention on Human Rights, allowed them to detain terror suspects without timeframe, held 9 suspects without evidence, deemed incompatible with section 23 of the EU convention and so appeal was given.

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Who agreed to this appeal?

The law lords of the House of Lords in 2004 (pre Supreme Court).

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How was the EU Convention on Human Rights used on the James Bulger case?

Entitled the killers to a new identity and to be released at just 18, 7 years into their sentence.

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What is judicial review?

Courts are responsible for the actions of public bodies, including government ministers and outside agents.

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What powers were given to Scotland in 1997 as part of the devolution of power under Tony Blair?

Agricultural, Crown Estate, forestry, fishing, education, health and social work, housing, justice, policing, local government, fire service, transport, tax credits, tuition fees, VAT royalties.

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What powers were given to Wales in 1997 as part of the devolution of power under Tony Blair?

Agriculture, forestry, fishing, education, environment, health and social welfare, housing, fire and rescue, economic development, transport, highways, landfill tax, welsh language,,

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What powers were given to Northern Ireland in 1998 as part of the devolution of power under Tony Blair?

Agriculture, education, environment and planning, health and social services, enterprise, trade, investment, local government, justice, policing, corporation tax, transport, pensions and child support, culture and sport.

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What are the powers retained by Westminster called?

"Reserved powers".

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What are the advantages of the Human Rights Act 1998?

Increases awareness, fairer to minorities, gives people more rights, more opportunities for minorities, closer pay gaps, more equality in job opportunities.

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What are the disadvantages of the Human Rights Act 1998?

Legislation alone can't reduce discrimination, more emphasis within education and training is needed, difficult to police, still big pay gaps, top positions still held by older white men.

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What are Civil Liberties in the UK?

Right to life, freedom of expression, to protest, free from arbitrary arrest, torture and association, right to fair trial, to vote and property rights.

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Name the 3 main acts introduced under Tony Blair's new labour to increase the rights of UK citizens.

Human Rights Act 1998, Data Protection Act 1998, Freedom of Information Act 2000.

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What system does the British parliament operate?

Bicameral system.

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What is a Bicameral system?

A parliament with two chambers (House of Commons and House of Lords).

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What is the third part of the UK legislature?

The monarchy.

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Which countries use a Unicameral system?

Bulgaria, Sweden.

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Which countries use a Bicameral system?

UK, USA, Italy.

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What are the three main roles of Parliament?

Creation/ amendments to legislation, representation of the people, oversight of the Executive.

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How are bills passed through parliament?

After debating, bill is voted on by members of parliament, and if a bill gains more than 50% of the votes then the bill goes to the House of Lords for scrutiny.

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What is meant by oversight of the Executive?

Parliament has a duty to scrutinise the work of the executive, and to investigate government actions e.g misfiring of Trident test missile 2017.

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How is the British constitution unitary?

Laws apply equally across the land.

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What is the most important principle of the British constitution?

Sovereignty of Parliament.

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Define the term "anti-constitutional".

Where actions take place that ignore constitutional rules in order to make change happen.

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Politics: Unit 2 (British Constitution)

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