British constitution Flashcards
(70 cards)
1
Q
How should the constitution of a Western Liberal democracy be evaluated?
A
a. A guarantee of democratic elections
b. Respect of human rights
c. Balance of individual and collective rights
d. Lays out where power lies
e. Has clear mechanisms for resolving conflict
f. Easy to understand
g. Is flexible
h. Upholds the rule of law
2
Q
Is the constitution codified?
A
No, it’s uncodified, so is not found in one single document or place
3
Q
Is the constitution unitary?
A
Yes, so most power lies with the centre, eg Westminster Parliament
4
Q
What is the opposite of a unitary constitution?
A
A federal constitution which is found in the US and Germany
5
Q
Who has the final say on what the Constitution says?
A
Parliament is sovereign
6
Q
What does ‘No Parliament can bind its successor mean’?
A
What one elected parliament enacts as legislation, a later parliament can change or revoke eg the European Union (Withdrawal Agreement) Act 2020
7
Q
What does the constitution operate under?
A
The rule of law
8
Q
Describe sovereignty in the US
A
In the US the constitution is sovereign which means it is not flexible and adaptable
9
Q
List the sources of the British constitution
A
- Constitutional statute law
- Common law
- The royal prerogative
- Conventions
- Works of authority
- International agreements and
- Less significantly authoritative opinions
10
Q
What is statute law?
A
Acts of Parliament which form the most important source of the British constitution.
11
Q
What is an example of Statute law?
A
The Representation of the People Act 1969 which defined who can vote by lowering the age from 21 to 18
12
Q
What was the effect on Statute law when the UK was still in the EU?
A
Before 2020, when the UK left the EU, European law indirectly formed part of the British constitution. European laws and treaties eg the 2007 Lisbon treaty had precedence over laws passed by Westminster. This was a clear limit on parliamentary sovereignty.
13
Q
What is Common law?
A
Laws passed down through judgements in courts, this is known as judicial precedence
14
Q
What is an example of common law?
A
The criminality of murder
15
Q
What can common law be modified by?
A
It is often modified by statute law
16
Q
Example of common law being affected by statute law
A
There is no specific law making murder a criminal offence, just the clear notion that it’s seen as a crime by the state. Many statute laws over time have dealt with the punishments for murder, eg abolishing the death penalty in 1965
17
Q
What is the royal prerogative?
A
Residual powers excercised in the name of the Crown
18
Q
Examples of prerogative powers
A
They range from high profile powers like suspension of parliament to low profile powers like issuing UK passports
19
Q
In the modern world how significant are prerogative powers?
A
They are key in boosting the powers of the PM and of the executive
20
Q
What was the scandal over the suspension of Parliament?
A
PM Johnson sought the Queen’s permission to prorogue Parliament for longer than the usual 5 weeks in 2019, likely to avoid full scrutiny of his Brexit proposals, later it was ruled unlawful by the UK Supreme Court. Demonstrates judicial independence from the executive
21
Q
What are conventions?
A
They are generally agreed rules and procedures that are not written down anywhere
22
Q
Why are conventions important?
A
They enable politics and Parliament to function efficiently and smoothly
23
Q
What is an example of a convention?
A
Perhaps the most important convention in terms of legislation is the monarch granting royal assent to all bills passed by both houses of Parliament. Denial of royal assent today would cause a constitutional crisis
24
Q
Example of royal assent being witheld
A
The last time it was with held was in 1707 when Queen Anne refused to sign the Scottish Militia Bill
25
What are works of authority?
They comprise of a variety of books and documents that deal with areas like parliamentary procedure and responsibilities of government. They are arguably the least visible and clear sources
26
What is an example of a work of authority?
A.V. Dicey's Introduction to the Study of the Law of the Constitution. He identified the 'twin pillars' of democracy as well as conventions like 'The King must assent to any bill passed by the two houses of Parliament' and he asserted the importance of parliamentary sovereignty.
27
How important are authoritative opinions?
They lack the authority held by laws and can easily be overruled by parliamentary statute
28
What is the Magna Carta?
A royal charter of rights produced in 1215
29
What clause of the Magna Carta is the most important today?
The right of all 'free men' to justice and a fair trial
30
Why is the Magna Carta significant?
a. First formal attempt to limit the monarch's powers and put them under the rule of law
b. Principle of justice for all is central to the current UK judicial system
c. Some of its clauses heavily influenced later documents like the European Convention on Human Rights
31
Why is the Magna Carta not significant?
a. Many of its terms were specific to that period in history
b. It was fundamentally just an unsuccessful peace treaty instead of a turning point in universal human rights
c. Only four of its clauses are unrepealed today
32
What were the key terms of the Bill of Rights?
The 1689 bill introduced frequent parliaments, free elections, parliamentary privilege and the need for parliament to approve all taxation. These clauses together represent the establishment of parliamentary sovereignty and the parliamentary state
33
Why is the Bill of Rights significant?
a. Parliament has met every year since 1968- before then it was an event not a permanent institution
b. Established Parliament's dominance over the monarchy
c. Introduced parliamentary privilege which prevails to this day
d. Created the parliamentary state which is an enduring feature of the British political system
34
Why is the Bill of Rights not significant?
a. Didn't cover rights of ordinary men and women eg doesn't mention freedom of expression or belief for everyone
b. Britain was far from a democracy in 1968 and Parliament was entirely composed of wealthy male landowners
35
What was the Act of Settlement?
The Act was introduced in 1701, largely as a follow up to the Bill of Rights. It's main aim was to secure a Protestant succession to the throne
36
Why was the Act of Settlement significant?
It reinforced Parliamentary sovereignty in laying down the criteria for the British monarchy
37
Why was the Act of Settlement not significant?
a. It did nothing to make Britain a modern democratic state
b. Settling the throne on one religious group seems a retrograde step in terms of equality and fairness
38
What were the Parliament Acts?
They reduced the power of the House of Lords. After the House of Lords broke with parliamentary convention in 1909 and rejected the Liberal government's 'People's budget' which had been passed by the House of Commons, a constitutional crisis occured. The 1911 Act meant they couldn't veto a bill, only delay it for two years. The 1949 Act meant they could only delay for one year.
39
Why were the Parliament Acts significant?
It increased democratic accountability of Parliament
40
Why were the Parliament Acts not significant?
It didn't address the fundamental issue of the unelected nature of the upper chamber
41
What was the European Communities act?
The 1972 act enabled the accession of the UK to the European Economic Community
42
Why was the European Communities Act significant?
a. Under the terms of the UK membership, all legislation had to conform with European law, which limited parliamentary sovereignty
b. The act was added to by further measures eg the 2007 Lisbon treaty
c. As the EU grew in membership and scope, the act could be seen as the starting point of the UK's problematic relationship with Europe
43
Why was the European Communities Act not significant?
a. Any loss of parliamentary sovereignty was purely temporary
b. It's an example of the idea that 'No parliament can bind its successor' and that 'What one parliament giveth, another taketh away' as the European Union (Withdrawal Agreement) Act 2020 repealed the 1972 act
44
What did Blair promise prior to his landslide victory?
'The biggest programme of change to democracy ever proposed'
45
What are key constitutional reforms in recent years?
1. Modernisation of political institutions
2. Greater democracy in the political system
3. Establishing devolved legislative bodies in the UK's constituent countries
4. Emphasis on human rights
46
What is an example of the modernisation of political institutions?
The 1999 House of Lords Act which removed all but 92 hereditary peers from the House of Lords, it also allowed for the introduction of more nominated life peers, including so called 'people's peers'
47
What is an example of greater democracy in the political system?
The 1997 Referendums (Scotland and Wales) Act allowed referendums to be held in Scotland and Wales over the creation of devolved assemblies. 'Yes' votes in both countries meant devolution could take place
48
What is an example of devolved legislative bodies in constituent countries in the UK?
The Scotland Act 1998, Wales Act 1998 and Northern Ireland Act 1998 set up elected devolved assemblies in these countries
49
What is an example of human rights reform?
The Freedom of Information Act 2000 gave individuals greater access to information held by public bodies including local and national government
50
Why has post 1997 modernisation of political institutions been successful?
a. House of Lords has become smaller, more diverse and less conservative dominated. It is easier to remove peers for misconduct or non attendance
b. The creation of the Supreme Court enabled separation of the executive and judiciary. Gave it a sense of corporate identity and increased its public profile. Managed to stay politically neutral
c. Notion of gender equality even reached the royal family
51
Why has post 1997 modernisation of political institutions not been successful?
a. House of Lords reform remains incomplete- there is still an entirely unelected second chamber and attempts at reform, like in 2012, have come to nothing
b. The creation of the Supreme Court arguably gave too much power to unelected and unaccountable justices and in doing so undermined Parliament
c. The alteration to lines of succession was minor, outdated in other ways eg still illegal for the monarch to be Roman Catholic
52
Why has post 1997 democratisation been successful?
a. Some large cities have greater autonomy, and the post of Mayor of London has attracted high profile incumbents like Boris Johnson
b. Reform of European Parliament elections enabled representation of a greater variety of parties eg UKIP, along with proportionately more of others eg Liberal Democrats
c. Direct election of police and crime commissioners increased opportunities for political participation and local democracy
53
Why has post 1997 democratisation not been successful?
a. When referendums have been held on wether to establish mayoral elections, the majority rejected it. Turnout in mayoral referendums and police and crime commissioner elections is often abysmal
b. There's little enthusiasm for voting system reform eg rejection of change in the 2011 Alternative Vote referendum
c. FTPA provisions easily overcome in both 2017 and 2019 to have early general elections
54
Why has post 1997 human rights reform been successful?
a. Emphasis on human rights legislation increased awareness and visibility of rights, in particular those of minority groups
b. Laws on privacy and access to information protect human rights and hold public bodies and other powerful institutions to account over the information they hold
c. The Supreme Court's role of interpreting this legislation increased protection of citizen's rights
55
Why has post 1997 human rights reform not been successful?
a. Expansion of rights led to a rise in 'identity politics' and a clash between individual and collective rights
b. Growing role of courts in human rights cases leads to controversy eg in 2010 Supreme Court ruled that the assets of suspected terrorists could be frozen- verdict was incompatible with the Human Rights Act 1998
c. Despite the Freedom of Information Act 2000 many requests for information are declined
56
Why has post 1997 devolution been successful?
a. Devolution worked well, especially in Scotland and Wales, number of devolved powers has increased
b. Popular support for devolution has increased eg in Wales in 2011 63.5% of voters wanted to expand law making powers
c. In Northern Ireland, devolution helped end the violent period of 'The Troubles'
57
Why has post 1997 devolution not been successful?
a. It has not been successful everywhere eg in Northern Ireland there have been policy disagreements and a scandal over a failed renewable energy scheme which led to the suspension of its assembly from 2017 to 2020
b. Support for devolution hasn't increased in England itself eg a 2004 proposal to create a North East regional assembly was rejected by 78% of voters
58
How could the constitution be reformed further in the area of modernising political institutions?
An elected component could be introduced to the House of Lords
59
How could the constitution be reformed further in the area of democratisation?
a. The voting system for Westminster elections could be reformed to one that is more proportional
b. Public participation in candidate selection for political parties could be widened eg by using a US-style primary system
60
How could the constitution be reformed further in the area of devolution?
By extending devolution to England
61
Why does the constitution protect human rights well?
a. The UK's constitutional culture values civil liberties and the government formally supports human rights eg each parliamentary Act contains a declaration that it complies with the 1998 Human Rights Act
b. Current legislation gives strong legal protection of civil rights through the interlinked 1998 Human Rights Act and European Convention on Human Rights mechanisms. The 1998 Human Rights Act incorporates the European Convention on Human Rights into UK law. EU law also increased protection eg of worker's rights
c. The UK has strong institutional framework to protect civil rights, extending beyond the courts eg the Equalities and Human Rights Commission which often brings cases under the 2010 Equality Act
62
Why does the constitution not protect human rights well?
a. There is little concensus between political parties as to the actual substance of human rights gaurantees. Existing legislative framework is based on the 1998 Human Rights Act and the European Convention on Human Rights and is therefore vulnerable to political attack eg Conservative calls for a 'British Bill of Rights'
b. Brexit removed the safety net preventing some forms of discrimation, including migrant and labour rights, which were covered by EU law
c. UK governments have introduced legislation which dilutes protection of rights eg recent anti terror laws, immigration control and entitlement to benefits
d. Social and economic rights eg right to health care is often poorly established and weakly protected
63
What impact does the UK constitution being uncodified have on human rights protection?
It means rights are not entrenched in the constitution like in the US and therefore are easier to alter or remove. In the UK rights are based on the European Convention on Human Rights and the 1998 Human Rights Act, the latter could be repealed by government, and since leaving the EU the government could withdraw from the former
64
Why should the British constitution be codified?
a. It would provide clarity on what is constitutional and so lawful. As Vernon Bognador says, the problem with constitutions is 'The understandings are not always understood'
b. Removing the vagueness of tradition would represent a desirable political modernisation
c. It would provide further rights for all citizens as it would entrench key rights instead of leaving them to the mercy of Parliament
d. It would reduce the concentration of power in the hands of the executive
e. It would give local governments and regional assemblies outside England proper constitutional protection and permanence
f. It would end 'peicemeal codification' eg the Osmotherly Rules
g. Conventions can and are broken eg Johnson seeking to prorogue Parliament for longer than usual in 2019 to reduce scrutiny of his Brexit proposals
h. UK is one of only three countries without a codified constitution- along with Israel and New Zealand
65
Why should the British constitution remain uncodified?
a. The current constitution is flexible and adaptable eg calling early elections, but would become far more rigid if codified
b. Goes against the tradition of UK politics, of constitutional evolution not revolution
c. It would be tricky for Parliament to come to a consensus on the content of a constitution eg should it stipulate a voting system and then which one
d. Would give unaccountable judges more power as they would have to rule wether acts or measures were constitutional, like in the USA. It would also likely politicise the judiciary
d. Issue of education and awareness about the British constitution is better met by improving political education in schools
e. Lack of popular demand for reform eg rejection of the 2011 AV referendum
f. Would undermine parliamentary sovereignty which has worked well for UK politics for centuries eg Philip Johnstone, said in 2020, after the Brexit bill passed, 'It turns out our system wasn't broken after all'
66
What can citizen's rights be classified as?
Collective or individual
67
What are individual rights?
The rights of an individual citizen eg the right to a fair trial or to not face discrimination
68
What are collective rights?
The rights of a group eg trade unions or a group that reflect a characteristic eg gender/ sexuality/ disability. Collective rights could also apply to the population as a whole eg the right to protection from acts of terrorism.
69
How can individual and collective rights clash?
Individuals have the right to practice any (or no) religious faith, which could involve a moral code, eg disapproval of homosexuality but this could be at odds with the collective rights of wider groups eg the LGBTQIA+ community. In a case involving Ashers Baking Company Ltd in Northern Ireland, the owners were prosecuted for refusing to bake a cake for a gay rights activist with decoration incorporating the slogan 'Support gay marriage'. In 2018, the Supreme Court overruled judgements of lower courts that the bakery was guilty of discrimination as they believed the bakery did not discriminate against the customer who happened to be gay, but against the message on the cake. Therefore, the issue was not about sexuality, but about 'forced speech'
70
Do individual or collective rights always prevail over the other?
No, much depends on the individual context, interpretation fo the judges and public opinion
