Strucutre And Nature Of The British Constitution Flashcards
(51 cards)
What are the key points of the constitution of a western liberal democracy?
-guarantees free and fair democratic elections
-respect for human rights
-a balance of individual and collective rights
-addresses the notion of parliamentary sovereignty
-clear mechanism for resolving problems and conflicts
-easy to understand and encourages participation
-can be adapted and flexible to changing circumstances
-upholds the rule of law of law through an independent judiciary
What is a codified constitution
a constitution which all provisions are written down in a single set of documents. Like the US constitution
What are the characteristics of the British Constitution?
-uncodified
-it is unitary, most power lies on the centre (Westminster parliament)
-arguably the development of the devolved assemblies has weakened this
-it operates the rule of law (law applies equally to everyone)
What are the main sources of the British constitution?
-constitutional statute law
-common law
-the royal prerogative
-conventions
-works of authority
-international agreements
What is statute law?
-any law that has been passed by both houses and has received royal assent
-They are acts of parliament
-statute law is the most important
-source of the constitution
Gives some examples of statute law:
-The Representation of the People Act (1969): defined the voting age
-Human Rights Act (1998): Incorporated the convention on humans rights into UK Law: European Law arguably undermines parliamentary sovereignty as EU law takes precedence over UK law)
What is common law?
-laws or rights passed down over the years by legal judgments in court (judicial precedence)
-common law can be modified by state law, e.g many statute laws have dealt with the punishment for murder, such as abolishing the death penalty in 1965
Examples of common law:
-freedom of expression
-the criminality of murder
What is the royal prerogative?
-the residual remaining power exercised in the name of the crown
-include the power to prorogue parliament and issuing UK passports
-can be seen to boost the power of PM and executive
Give an example of the royal prerogative being used:
2019, Johnson sought to prorogue parliament for longer than the 5 week period, however the Supreme Court ruled it unlawful
What are conventions?
Unwritten rules and procedure mostly concerned with parliament that facilitate the smooth running of the constitution
Gives some examples of conventions:
The Salisbury-Addison Convention (1945): means that Lords don’t reject legislation that was part of the governments manifesto
after a General Election, the monarch formally invited the leader of the largest party to form a government
a monarch gives royal assent to all bills (a denial of royal assent would cause a constitutional crisis)
What are works of authority?
They comprise of a variety of books and documents which deal with areas such as parliamentary procedure and the responsibilities and duties of government ministers
Gives examples of works of authority:
Walter Bagehot’s ‘The English Constitution’:
-distinguished between the dignified and the efficient parts of the constitution
A.V Dicey’s ‘Introduction to the study of the law of the constitution’ (1888):
-identified the twin pillars of democracy and strongly asserted the notion of parliamentary sovereignty
Erskine May’s ‘Parliamentary Practice’ (1844):
-the bible of parliamentary procedure (regular reference by the speaker of the house)
-March 2019- John Becrow sited a 1604 convention to prevent May bringing her Brexit deal before the commons for a third times
‘The Cabinet Manual’ (2010):
-includes ministerial conduct
-cabinet composition and the scrutiny of the government by parliament
-it was initiated by Gordon Brown
What was the impact of the Magna Carta (1215) on the British Constitution?
-the Magna Carta was made in response baronial rebellion
-the most important clause is the right of all free men to fair trial
-it was the first formal attempt to limit the powers of the monarch
-it influenced later documents such as the American Declaration of Independence and the ECHR
-HOWEVER, the Magna Carta was specific to its time
-it was essentially a peace treaty
-only 4 of the clauses remain un-appealed
What was the bill of rights (1689)?
-followed the glorious revolution
-James II was accused of undermining the role of parliament and trying to return the country to Catholicism
-parliament invited Mary and William of Holland to take the crown
-they had to accept the ‘Bill of Rights’
-frequent parliaments
-freedom of speech within parliament
-included no taxation without parliaments agreement
-said to represent the establishment of parliamentary sovereignty
What was the Act of Settlement (1701)?
-sets up a parliamentary privilege
-the main aim was to ensure a protestant succession to the throne
-showed the power of parliament however did nothing to make the country more democratic
What are the Parliaments Act of 1911 and 1949?
-reduced the power of the Lords
1911:
-rejection in the Lords of the ‘Peoples Budget’ saw the liberals remove the veto of the lords
-prevented the Lords from delaying a budget for more than 2 yrs
1949:
-act modified to reduce the veto of the Lords to 1yr
-effectively means that any bill passed by the commons could become law
What is the European Communities Act 1972?
-enable the accession of the UK to the European Economic Community (EEC)
-under the terms of UK membership all legislation had to conform to European Law
-incursion to the doctrine of parliamentary sovereignty
-it was added to by the Single European Act 1986 and the Lisbon Treaty 2006
How many bills did Blair pass 1997 to reform the Lords?
12
What were the main themes of Blairs constitutional reforms?
-modernisation of the House of Lords and the judiciary
-Greater democracy in the political system
-Devolution
-Emphasis on human rights
The modernisation of political institutions key acts:
House of Lords Act (1999):
-removed all but 92 hereditary peers
-allowed for the nomination of life peers
Constitutional Reform Act (2005):
-created a separate Supreme Court to replace the Law Lords
-created a sense of judicial independence with separation of powers
House of Lords Reform Bill (2012):
-proposed Lords should be 80% elected and 20% nominated
-the bill was abandoned after 91 tory backbenchers voted against it
Succession to the Crown Act (2013):
-allowed the eldest child of the monarch to ascend to the throne regardless of gender
House of Lords Reform Act (2014):
-gave peers the right to resign and retire their seats and enables the removal of peers for serious criminal offences
-2017: 106 peers retired, including Lord Lloyd Webber
Acts that have meant greater democracy in the political system:
Referendums (Scotland and Wales) Act (1997):
-allowed for referendums to be held for the creation of devolved assemblies
Greater London Authority Act (1999):
-allowed the setting up of a directly elected London Mayor
European Parliamentary Elections Act (1999):
-changed electoral system for European Parliament Elections from FPTP to proportional representation
Police Reform and Social Responsibility Act (2011):
-allowed for the direct election of police commissioners
Fixed Term Parliament Act (2011):
-required the PM to secure support of at east 2/3s of MPs to call an early general election
Establishment of devolved legislative bodies in constituent countries of the UK:
Scotland, Wales and Northern Ireland Act (1998):
-set up devolved assemblies/parliaments
-further powers transferred in subsequent acts
November 2004:
-Regional referendum held in North-East England on the creation of an elected regional assembly
-rejected 78% to 22%
