The Nature of the British constitution

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What is a constitution?
Rules to establish and regulate the government, must be rules 'the people' consent to. Arguable Britain doesn't have a constitution because 'the people' have not consented
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What do constitutions establish?
Government by creating roles e.g. Prime Minister, and set out power limits to different bodies.
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What do constitutional rules ensure?
That bodies do not exceed their power
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What does Wheare say constitutional rules must do?
Establish and regulate, with regulating meaning interfering
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What is the difference between Britain's constitution and most other countries' constitutions?
Britain doesn't have a written constitution- 'uncodified'. Written constitutions are understood as the most important form of law
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Yet, what has been happening since the 1990s?
The constitution is becoming more written in statute and case, therefore is called uncodified rather than unwritten.
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What are the benefits of an uncodified constitution?
It has more flexibility. e.g. the US Constitution is very difficult to change.
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What is Devolution?
It has been the biggest drive towards change in the British constitution. It is distinct from federalism and decentralisation. It is the transfer or delegation of power to a lower level, by central government to local or regional administration.
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What is the difference between US distribution of power and UK distribution of power?
US: Power is evenly distributed, in UK, we are more decentralised, handing power to different regions.
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What are the key developments in devolution in Wales?
'Government of Wales Act 1998' and Government of Wales Act 2006'. 1998- Welsh assembly given power to make secondary legislation under authoritisation from the UK parliament, and act as an executive.
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2006- creates separate Welsh government to implement Welsh Assembly's legislation. In 2011 further powers were devolved to Wales, after a referendum, including powers in some areas to make primary legislation on specified topics.
Welsh assembly has right to pass laws in certain areas including: economic development, educating and training, environmental and planning matters, health and services, housing, social welfare.
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What did the Northern Ireland Act 1998 achieve?
Powersharing government; northern ireland assembly, northern ireland executive- a compulsory coalition to ensure that both unionist and nationalist views were represented in NI government. (p.sharing gov. split in 2017, hasn't been resolved)
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What did the Scotland Act 1998 achieve?
Devolution of executive and legislative power, Scottish assembly and government. SA specifies a list of reserved matters which Scot. Parliament has no power over. All other matters are devolved and can be legislated on by Scot. Parli.
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The scottish Parliament also has some limited tax varying power, does it use it?
No.
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Why was there a second Scotland Act in 2016?
After 2014 referendum was 'no', scottish par. in response to cross-party 'vow' were given "extensive new powers". This act is the response.
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What did the Scotland Act 2016 want to achieve?
Formal acknowledgment of devolution by stating Scott. Parl. and Scot. executive can't be abolished except by Scott. referendum.
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To enact into law recognition of Sewell Convention, according to which Westminster won't normally legislate on devolved matters, to devolve further matters to Scott. Parl. and executive.
A core aspect here is the feature of structural permanence of the devolution system: it is becoming harder to unravel.
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The West Lothian Question: English vote for English Laws. What are the issues?
Will devolution work for England as a whole? Or for English regions? How does the decision to leave the EU affect devolution: teh cases of Scot. and NI.
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Card 2

Front

What do constitutions establish?

Back

Government by creating roles e.g. Prime Minister, and set out power limits to different bodies.

Card 3

Front

What do constitutional rules ensure?

Back

Preview of the front of card 3

Card 4

Front

What does Wheare say constitutional rules must do?

Back

Preview of the front of card 4

Card 5

Front

What is the difference between Britain's constitution and most other countries' constitutions?

Back

Preview of the front of card 5
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