The UK Constitution

Question 1

What is a constitution?

Answer 1

• A set of laws/guidelines setting out how a political system works/where power is located.
• Defines powers/functions of gov/rights of ordinary citizens in relation to the gov.

Question 2

Functions of a constitution

Answer 2

• determine distribution of political power within state
• est. political processes that make system work
• states limits of gov power
• states rights of its citizens
• est. rules by which nationality created
• to be able to be amended from time to time

Question 3

What are the features of the British Constitution?

Answer 3

• legislature - have to pass through HoC/HoL/receive royal assent
• executive - cabinet system
• judiciary - Supreme Court (since 2005) deals w/all major cases; civil/smaller cases in local courts
• elections - GE every 5 yrs (use FPTP)
• multi-level governance - was member of EU until 2020 (a lot of policy influenced by EU); devolution; local councils/mayors throughout England.

Question 4

Found: Magna Carta

Answer 4

• 1215
• agreement between John/barons
• concession to specific demands; many clauses now replaced

Question 5

Found: Bill of Rights

Answer 5

• 1689
• Reaction to rule of James ii
• est. principles of frequent parliaments, free elections, Parliamentary Privilege

Question 6

Found: Act of Settlement

Answer 6

• 1701
• desire to exclude James II/heirs
• link between Catholicism/tyrannical rule

Question 7

Found: Act of Union

Answer 7

• 1707
• Eng/Scot had shared monarch since 1603 w/separate parliaments; now bound under Westminster

Question 8

Found: Parliament Acts

Answer 8

• 1911, 1949
• reduced power of HoL
• cannot interfere with HoC
• HoL only able to delay legislation

Question 9

Found: European Communities Act

Answer 9

• 1972
• Passed by Heath’s gov
• Britain became part of EEC (forerunner of EU)

Question 10

What have developments to the constitution done?

Answer 10

• Increased rights of ppl
• transferred power to parliament
• united UK
• increased power of HoC
• made UK part of EU

Question 11

What are the main features of a codified constitution?

Answer 11

• written in one doc; entrenches certain laws, so can be harder to change

Question 12

What is parliamentary sovereignty?

Answer 12

• has power to make/unmake any laws and cannot be bound by another institution/itself

Question 13

What is the rule of law?

Answer 13

• the idea that everyone should follow the same rules/no one is above the law.

Question 14

What is a unitary model of gov?

Answer 14

• where parliamentary sovereignty is focused on central power/gov.

Question 15

What is the difference between human rights and civil rights?

Answer 15

• human rights apply to everyone (free speech); civil rights are rights of particular groups, granted by gov.

Question 16

What is the difference between individual and collective rights?

Answer 16

• the rights of a singular person vs rights of a group.
• examples of them conflicting: A v Secretary of State for the Home Department - 9 men convicted without trial, as there was suspicion they could be national threat; LGBTQ+ vs Religion - Lee v Ashers Baking Company (2018) bakers refused to add pro-LGBTQ+ slogan to customer’s cake, as it was against their religion.

Question 17

Reforms that happened under New Labour and Conservative govs

Answer 17

• Decentralisation - powers divided between local govs regionally/within UK; eg Scotland Act 1998.
• Democratisation - greater power given to public over particular institutes; eg Greater London Authority Act allowed for directly elected London mayor.
• Modernisation - updating political institutes so are not outdated; Constitutional Reform Act 2005 allowed for creation of Supreme Court.
• Enhancing rights - greater protection of an individual’s rights/freedoms; Equality Act 2010, so one cannot be discriminated based on protected characteristics.

Question 18

What are some of the reforms that happened to the HoL?

Answer 18

• House of Lords Reform Act 1999 - limits no. of hereditary peers to 92.
• House of Lords Reform Bill 2012 - Lib Dems intro’d 3 stage process to further modernise; opposed by Tory MPs.
• House of Lords Reform Act 2014 - peers can leave/retire.

Question 19

How well does the constitution protect rights?

Answer 19

WELL: values civil liberties w/formal support of human rights (HRA), also strong legal protections via ECHR; HRA incorporates ECHR into UK law, EU law also provided additional protection; has strong institutional framework that protects rights beyond courts.
NOT WELL: existing framework (HRA/ECHR) vulnerable to political attack; Brexit removing safety net from certain non-discrimination migrant/labour rights formerly provided by EU law; UK govs are able to pass legislation diluting rights protection esp w/anti-terror laws/migration.

Question 20

What are the 6 main sources of the UK constitution?

Answer 20

• statute law
• common law
• conventions
• royal prerogative
• authoritative works
• treaties

Question 21

What is statute law?

Answer 21

Acts of Parliament; includes laws that define who can vote/human rights; as part of EU, European laws/treaties took precedence.

Question 22

What is common law?

Answer 22

• legal precedent resulting from rulings of senior judges
• passed down over the years
• can be modified by statute law eg not one law makes murdered a criminal offence, rather the notion that is a crime and has always been viewed as that.

Question 23

What are conventions?

Answer 23

• unwritten rules/procedures concerned with parliament/smooth running of constitution
• eg - monarch formally invites leader of largest single party to form gov; monarch gives royal assent; Salisbury-Addison Convention 1945 - HoL agreed not to delay any manifesto promises of Attlee’s gov.

Question 24

What is the royal prerogative?

Answer 24

• formal powers of monarch exercised by PM/gov
• modern monarchy must be above party politics/play only a ceremonial role.
• appointing ministers, making international treaties, calling GEs etc lie with executive, not legislature.

Question 25

What are authoritative works?

Answer 25

• variety of books/docs that deal with areas such as parliamentary procedures/responsibilities of gov
• The English Constitution - Bagehot (1867) - distinguishes between efficient/dignified; cabinet holds most of real power.
• Introduction to the Study of the Law of the Constitution - Dicey (1885) - explains/identifies main characteristics; twin pillars of democracy - monarch cannot veto any bill passed by HoP; asserted notion that Parliament has right to make/unmake any law.
• Parliamentary Practice - Ershine May (1844) - includes standing orders of each chamber, historical procedure, key rulings by Speaker.
• Cabinet Manual (2010)

Question 26

What are treaties?

Answer 26

• UK signatory to no. of international agreements eg ECHR/areas such as dealing with climate change.
• gov obliged to abide by their terms or face legal challenges

Question 27

Have political institutions been successfully modernised?

Answer 27

YES:
- HoL has undergone substantial transformation since 1997; smaller, more diverse, less Tory-dominated; easier to hold peers accountable.
- Creation of SC has enabled clear separation between executive/judiciary; has remained politically neutral/apolitical unlike US counterpart.
- Notion of gender equality has reached even traditions of royal family.
NO:
- Reform of HoL remains incomplete/unfinished; attempts to build upon 1998 measure have come to nothing; UK remains virtually unique in democratic world in having entirely unelected second chamber.
- Creation of independent SC has arguably led to too much power residing with unelected/unaccountable justices, undermining parliament.
- Alteration of line of succession is very minor; remains illegal for monarch to be Roman Catholic.

Question 28

Has the protection of human rights been successfully developed?

Answer 28

YES:
- landmark legislation in area of human rights has increased awareness/visibility of rights, especially of minority groups.
- Important role of SC in interpreting legislation has increased protection of citizens’ rights.
- laws concerning privacy/access (Freedom of Information Act, Data Protection Act) to information have also enhanced rights of everyone; made public bodies/powerful institutions more accountable/responsible.
NO:
- Could be argued that expansion of rights has led to identity politics/clash between individual and collective rights.
- Freedom of Information Act - many requests for info declined.
- Growing role of courts has led to controversy; SC ruled aspects of anti-terror legislation (eg freezing of assets of suspected terrorists in 2010) incompatible with HRA.

Question 29

Has democratisation been successful?

Answer 29

YES:
- Police Reform Act 2011 - direct election of police/crime commissioners has enhanced opportunities for political participation/local democracy.
- Reform of EP elections has enabled greater variety of parties to be represented including UKIP/Brexit Party + BNP; proportionately more Greens/Lib Dems.
- Greater autonomy in large cities/post of Mayor of London has attracted high-profile incumbents; several other cities have embraced idea eg Andy Burnham elected Mayor of Greater Manchester in 2017.
NO:
- Provisions of FTPA easily overcome in 2017/2019 to bring about early elections.
- Lack of enthusiasm for reform of national electoral system.
- Mayor of London considered successful but in regions, picture more mixed; where referendums held on whether to establish mayoral elections, majority have rejected; 2016 - Torbay voted to get rid of position of elected mayor having approved it in 2005.

Question 30

Has devolution been successful?

Answer 30

YES:
- popular support has increased; originally in 1997, Wales backed plan by 50.3% to 49.7%; in 2011 another vote to expand law-making powers backed by 63.5%.
- NI -> end Troubles.
- stopped full separation of Scotland from UK in 2014.
- has worked well in Scotland/Wales; number of powers has increased.
NO:
- has not succeeded everywhere; NI - policy disagreements/scandal over failed renewable energy scheme meant Assembly suspended Jan 2017-Jan 2020.
- support for devolution in England has not increased; 2004 proposal to create North East regional assembly rejected by 78%.

Question 31

Arguments for the codification of the British Constitution.

Answer 31

• would provide better clarity on what is/isn’t constitutional.
• removing vagueness of custom/tradition would represent modernisation of political process.
• would provide further/more easily understood rights for all citizens.
• could reduce concentration of power in hands of executive.
• enable local gov/regional assemblies to enjoy permanence.
• would end process of piecemeal codification eg Cabinet Manuel/Osmotherly Rules.
• convention can/are broken eg when Johnson sought to prorogue parliament for 5 weeks, only unanimous ruling by SC stopped attempt (by convention, prorogation lasts for shorter periods).
• one of only three countries.

Question 32

Arguments against codification of British Constitution.

Answer 32

• currently encourages flexibility/adaptability eg calling of early elections; codified = more rigid.
• would go against tradition of UK politics (evolutionary, rather than revolutionary).
• parliament would struggle to come to a consensus on much of content.
• would give unaccountable judges greater power -> required to make rulings on what Acts/measures constitutional; would politicise judiciary.
• lack of popular demand for reform eg AV referendum in 2011.
• would undermine parliamentary sovereignty, which has served well.