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Constitution Flashcards

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1
Q

What is a Constitution?

A

A general body of laws and rules
Acts as a contract between the citizens and the government

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2
Q

What are the key events in the development of the Constitution?

A

Magna Carta 1215
Bill of Rights 1689
Act of Settlement 1701
Act of Union 1707
Parliaments Acts 1911+49
European Communities Act 1972
Human Rights Act 1999
Constitutional Reform Act 2005 (SC)
EU Withdrawal Act 2017

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3
Q

What was the importance of the Magna Carta 1215?

A
  • Nobility rebelled against King John as he was abusing his powers
  • Established the principle that no-one should be deprived of liberty or property without due process
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4
Q

What was the importance of the Bill of Rights 1689?

A
  • Included provisions like regular meetings of Parliament, free elections, and freedom of speech within parliament
  • Crown’s authority rests in the consent of Parliament
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5
Q

What was the importance of the Act of Settlement 1701?

A
  • Reinforced Bill of Rights
  • Parliament given power to determine the line of succession
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6
Q

What was the importance of the Act of Union 1707?

A
  • England and Scotland share parliament
  • Remained like this until 1997
    ⤷ Scotland Act 1997
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7
Q

What was the importance of the Parliaments Acts 1911+49?

A
  • Reduced power of lords
    ⤷ 2 years, then 1 to delay a bill
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8
Q

What was the importance of the European Communities Act 1972?

A
  • Prelude to the EU
  • In conflict, EU would take precedent
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9
Q

What was the importance of the European Withdrawal Act 2017?

A
  • Parliamentary consent to withdraw from EU
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10
Q

What is the nature of the Constitution?

A

Uncodified (not one document or at one time)
Unentrenched (simple majority)
Unitary (all legal power + authority in one central government)

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11
Q

What are the pros of codifying?

A
  • Sets precedent
  • Arguably more protective of natural rights
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12
Q

What are the cons of codifying?

A
  • More flexible
    ⤷ e.g. 1997 ban of firearms after Dunblane massacre UK, 2nd amendment difficult to amend
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13
Q

What are the pros of unentrenchment?

A
  • More use of referendums when altering the Const
    ⤷ good because direct democracy
    ⤷ e.g. the 7 since 1997
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14
Q

What are the cons of unentrenchment?

A
  • New governments can change the laws passed by the prior gov
    ⤷ Fixed-Term Parliaments Act 2011 repealed with the Dissolution and Calling of Parliament Act 2022
  • Allows majority govs to have extraordinary power
    ⤷ 1997 Blair HRA passed as he had a 179 majority
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15
Q

What is sovereign in the UK?

A

Parliament

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16
Q

What are the 4 types of Parliamentary sovereignty?

A

Legal
⤷ Ultimate legal authority
⤷ i.e. can pass or appeal any laws
⤷ e.g. Terrorism Act 2006 arguably was against HRA
⤷ e.g. Dissolution and Calling of Parliament Act 2022
Political
⤷ ability to exercise legal power within reality, not just principle
⤷ e.g.
Popular
⤷ will of the people must be listened to (democracy)
⤷ e.g. Brexit, referendums etc
⤷ e.g. Salisbury convention
Pooled
⤷ share authority within branches
⤷ e.g. devolved nations, commons and lords, coalitions

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17
Q

What is the rule of law?

A
  • Alternative to codified const
  • In absence of higher law, gov is still subject to legal checks

I.e. the gov is not above the law

e.g. Partygate

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18
Q

What are the sources of the Constitution?

A

Statute laws
Common law
Authoritative works
Conventions
Treaties

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19
Q

What are statute laws?

Study These Flashcards
A

Laws passed by parliament
⤷ can be removed through simple majority
- no hierarchy of laws
⤷ in US const laws are superior

e.g. HRA, all devolution

20
Q

What are authoritative works?

Study These Flashcards
A
  • Academics whose work has been looked to by the gov

e.g. Guy O’Donnell’s work on coalitions
e.g. Blackstone’s works helped derive the rule of law and parliamentary sovereignty

21
Q

What is common law?

Study These Flashcards
A

Law being developed through tradition
- Where there is no relevant statute law the courts will use this to help

e.g. the PM’s use of monarch’s power, i.e. appointment and dismissal of ministers

22
Q

What are treaties?

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A

Agreements with other nations

e.g. ECHR 1956, Treaty of Lisbon 2007 (allowed EU countries to leave), Paris Accord 2015

23
Q

What are conventions?

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A

Unwritten rules which is considered binding

e.g. Salisbury Convention (manifesto)

24
Q

What is the issue with the Salisbury Convention?

Study These Flashcards
A

Coalitions
- during coalition which manifestos can pass?

Only convention
- EU Withdrawal Act faced lots of pushback and delayed by 3 years
⤷ EV: not in 2015 manifesto to leave, just referendum
- Data Protection Bill push back since 2018

25
What are the four types of parliamentary sovereignty?
Legal Political Popular Pooled
26
What is legal sovereignty?
Can appeal/pass any law e.g. Dissolution and Calling of Parliament Act 2022, Terrorism Act 2006 (went against HRA)
27
What is political sovereignty?
Legal powers within reality, not principle e.g. Rwanda Bill blocking and amending
28
What is popular sovereignty?
Will of people listened to (i.e. democracy) e.g. Referendums - Brexit, devolution etc
29
What is pooled sovereignty?
Shared authority e.g. devolution and coalitions
30
What is the rule of law?
- Alternative to codified const - Gov subject to legal checks ⤷ no one is above the law EV: Partygate etc
31
What was the focus on New Labour's constitution?
- Democratisation - Decentralisation - Protection of rights
32
What policy did NL pass?
Electoral reform - devolution = PR Referendums - Scottish, welsh, NI powers Government reform - House of Lords Reform Act 1999 ⤷ limited hereditary peers to 90 ⤷ created more democracy and meritocracy - Constitutional Reform Act 2005 ⤷ law lords removed and SC established in 2009 ⤷ SC justices appointed by Judicial Appointments Commission - Reform of the House of Commons Committee (Wright committee) ⤷ est 2009 to improve procedures of Parliament ⤷ e.g. effective e-petitions system introduced ⤷ one backbench motion should be scheduled for debate per month - Protection of rights ⤷ HRA 2000 ⤷ awareness of rights too ⤷ FOI 2000 ⤷ more transparency with gov
33
What constitutional policy did the coalition gov pass?
Government Reform - Fixed-Term Parliament Act 2011 ⤷ took away the power to call snap-elections ⤷ e.g. 2024 one called at a time that would minimise cons losses ⤷ EV: snap election still called in 2017 because of 2/3 majority approved it - House of Lords Reform Act 2014 and 15 ⤷ lords can be removed for serial misconduct ⤷ 2025 - 16 removed for non-attendance ⤷ e.g. Lord Bridges removed for not attending the whole 2015-16 session ⤷ 2015 - lords can be removed for breach of conduct - Recall of MPs Act 2015 ⤷ allows constituents to recall an MP for misconduct ⤷ needs 10% signatures ⤷ e.g. Fiona Onasanya recalled 2019 and given custodial sentence for lying to the police to try evade a speeding fine ⤷ e.g. Peter Bone - 6 week suspension for sexual misconduct ⤷ Scott Benton - 35 day suspension for 'corruption' but resigned before recall was confirmed
34
What are the stages of the legislative process?
First Reading ⤷ title of bill read out Second Reading - debate on the principles of a bill ⤷ gov minister sets out provisions and aims and opposition responds ⤷ vote at end if it should proceed Committee stage - discussion line by line of bill and amendments proposed ⤷ HC - Public Bill Committee (reflects Par composition), or whole of Par ⤷ HL - in chamber or committee room with any peer present Report Stage - in chamber and only amendments discussed Third Reading - HC - general discussion, no amendments - HL - tidying up amendments tabled Later stages - Both houses agree on text of the bill ⤷ "ping pong" Royal Assent 3-5 years later the department responsible for the act should review it ⤷ will decide if a post-legislative enquiry should be carried out after assessment
35
What are the 3 types of devolution powers?
Legislative (laws) Administrative (governments) Financial (funding of services)
36
What powers does Scotland have?
Primary legislative power
37
What acts gave Scotland their powers?
Scotland Act 1998 Scotland Act 2016
38
What powers does Scotland have?
1998 - Health service - Education - Roads - Public transport - Criminal and civil law - Policing - Income tax (change by 3%) 2016 - More areas over law - Housing - Disability services - Business tax - Income tax
39
What has Scotland passed?
Welfare - Ended 2-child benefit cap by April 2026 ⤷ will lift 15,000 children out of poverty Tax - 48% income tax on over £125,000 ⤷ 45% England - No bedroom tax Education - Additional £900 per student ⤷ free tuition Health - Drug centres in Edinburgh - Free prescriptions
40
What power does Wales have?
Secondary legislative power
41
What acts have Wales power?
Government of Wales Act 1998, 2014
42
What powers does Wales have?
1998 - Health - Education - Local authority - Public transport - Agriculture 2014 - Control over tax ⤷ business, property sales, landfill taxes ⤷ stamp duty - Limited borrowing powers
43
What has Wales done?
Education - No league tables - Free school milk for under 7s Health - Free prescriptions
44
What has NI done?
- Same-sex marriage Health - Abortion aligned with UK - Free prescriptions
45
What did EVEL entail?
- From 2015-21 - No effective use - Scrapped due to "unnecessary complication" ⤷ labour approved
46
How was devolution successful?
- Enhanced democracy - Peace in NI - More interest in independence ⤷ Brexit etc
47
How was devolution unsuccessful?
- Only caused more divide ⤷ independence and Brexit ⤷ welsh unequal powers - Health systems and education in devolved bodies

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