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Lecture notes

Constitutional law : notes , mindmaps and essays

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Complete notes , essays and mindmaps on the following topics in Constitutional law : nature and sources of the constitution, parliament , executive , rule of law , parliamentary sovereignty , devolution, human rights act. All essays included received a high 2.1 or a 1st.

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  • January 18, 2021
  • 1
  • 2020/2021
  • Lecture notes
  • Oxford
  • All classes

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House of Lords/ representation/ referenda
lecture notes – Dr J Hunter

 House of Lords cannot really ‘speak for’ the people; unelected
 Bringing to light all relevant opinions and possible views
 Dawn Oliver – the house of lords is a body of voices
 Surveys suggest there is strong public support for an elected upper
chamber but also strong antipathy towards party political allegiance
being a dominant feature in the lords
 Lords is not a ‘microcosm of the people’- John Adams
 Symbolic representation is valuable

Legitimacy?
 Proposals for reform tend to be conflicted between democratic
legitimacy and the purpose of non-partisan legislative scrutiny
 Bingham’s – Council of the Realm – best of both worlds
 Upper and lower house may begin competing if upper has
legitimacy
 Can legitimacy be achieved without popular election?


 Is it better to have one chamber that is representative and another
which has integrity and freedom from bias?
 D Oliver suggests a completely independent appointments
commission; take this power away from the political influence from
PM
 Meg Russell- House of Lords has had a sense of perceived
legitimacy

Representative democracy
 Minimalist view of democracy – accountability comes through
election
 Those in power can be removed

2 points of challenge to this view of democracy
1. Referendum
 1975 - EC
 2011- AV
 2016- EU
 Many argue that referendums are out of place in. Representative
democracy; others say that they complement them
 Stand-alone pre legislative referendums are problematic; voters do
not know what they are voting for
2. Recall of MPs Act 2015
 Allows constituents to be able to recall MPs
 MPs are protected against purely political challenges

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