The Constitution Flashcards
What is the constitution?
-How state is governed
-State and people relationship
-Which ‘bodies’ have powers
-Branches of government and how they work
-Limit government power
-Defence for citizen from government through rights
-Acts as a higher form of law
Executive
The branch of government responsible for the implementation of policy.
Legislature
The branch of government responsible for passing laws.
Judiciary
The branch of government responsible for interpreting the law and deciding upon legal disputes.
Codified constitution
The written down rules of government in a single authoritative document.
Uncodified constitution
-Flexible: any sources can be changed relatively easily by government of the day.
-Unentrenched: laws are no different from statute laws. Parliament can change the constitution as it is sovereign.
-Non-judiciable: judges cannot challenge parliaments ability to make or change statute law.
-Evolutionary: evolved over many years. Current events change the needs of a constitution.
Key principles of the constitution
-Parliamentary sovereignty: parliament is supreme law-making body in the UK. Can legislate on any subject. Law cannot be overturned. Cannot bind successors.
-Rule of Law: relationship between state and citizens. A.V Dicey 1885 – no punishment without trial, no one is above the law, principles of the constitution are made from judge made common laws; laws are free from political interference.
-A Unitary State: subnational institutions do not have autonomous powers, regional government is weak or non-existent, local government has little power. Has standardisation and centralisation – all parts of the state are governed in the same way and share a common political culture.
-Constitutional monarchy: government ministers must face the electorate every 5 years and they are accountable to parliament and the crown. Between general elections the government relies on the majority in the House of Commons to survive. Glorious Revolution 1688 put parliament supremacy over the monarchy, House of Commons has taken over House of Lords by extending the franchise.
Strengths of the UK constitution
-Adaptability: evolved gradually in the face of changing circumstances, can adapt without the need for parliament supermajorities or approval by means of a referendum.
-Strong government: process of government is conducted by political parties – the cabinet is party based, and the governing party generally exercises significant control over the legislative process in the HOC though its majority.
-Accountability: government is accountable to both parliament with scrutinises it activities and the wider electorate. An unpopular government pays the price at polls.
Weaknesses of the UK constitution
-Outdated and undemocratic: key elements of common law notably the royal prerogative, date back to medieval times just as the House of Lords is a throwback to pre-democratic era.
-Concentration of power; parliamentary sovereignty and the absence of a codified constitution mean that even the key tenets of the rule of law are not fully protected. A government with a strong majority can force through legislation, undermining civil liberties.
-Lack of clarity: uncodified nature creates problems of clarity and interpretation. Not always clear where a government has acted unconstitutionally. Rights and responsibilities of citizens are poorly defined and entrenched.
Labour changes to the constitution
Rights
-Rights: security right to life and fair trial.
-Decentralisation of power: HRA compact with ECHR / UK courts cannot overturn law.
-Parliament: bills reviewed by lawyers / cannot overturn ECHR laws.
-Judiciary: cannot overturn laws / judgements can recommend repealing and amend laws.
-Participation: national security cases can be temporarily suspended.
Labour changes to the constitution
Devolution
-Decentralisation of power: new parliaments in Wales, Northern Ireland. West Lothian Question. Wales becomes weaker. Only 15 mayors elected.
-Elections: referendums vote yes, elected mayors.
-Parliament: asymmetric devolution – politic arrangements not uniform, differ from region to region / Scottish parliament have law powers.
-Judiciary: London assembly scrutiny mayor action.
Labour changes to the constitution
Electoral reform
-Elections: removes FPTP to alternative vote which labour don’t do.
-Parliament: some devolved parliaments have different election systems.
Labour changes to the constitution
Parliamentary reform
-Elections: chairs of select committees elected by backbenchers.
-Parliament: abolishment of hereditary peers / no political party in the House of Lords, House of Commons are the only house who are elected.
-Participation: public e-petition select issues for debate.
Constitutional changes
-UK constitution change. New jobs + less restriction. Representation of the people act 1918 = gives all women the right to vote.
-European Communities Act 1972 = UK now took into the EEC / European law is superior.
-1969 Representation of the people act = lowers voting age to 18.
-Acts of Union 1701 = Great Britain is formed.
-Bill of Rights 1689 = limits the power of the monarch.
-Significant limitation to Royal Power. Magna Carter – monarch power decreased – established law basic human rights. European Union Act = Brexit withdrawal.
Constitutional reform since 1997 and its significance
1997-2010 Labour changes
-The Human Rights Act 1998 incorporates the European convention on Human Rights in UK law (rights).
-Elected mayors in some English authorities’ tax raising powers (devolution).
-New electoral systems (electoral reform).
-92 hereditary peers removed in House of Lords (parliamentary reform).
-Constitutional Reform Act, changes to the role of lord chancellor (judiciary).
