The Constitution Flashcards
(28 cards)
What is a constitution?
A set of laws and guidelines setting out how a political system works and where power is located within the system. Defines the powers and functions of govt and the rights of citizens in relation to the govt
What distinguishes the UK constitution from its neighbours?
UK has not undergone a fundamental change such as revolution since the civil wars of the 17th Century
Thus, the UK political system evolved gradually, contrasting, for example, the US, where the 1787 constitution emerged from revolution
Magna Carta - Source of Constitution
Magna Carta 1215 - Gave concessions to specific demands of the nobility who had rebelled against the abuse of royal power. States that no one ought to be deprived of liberty or property without due process of law
Bill of Rights - Source of UK constitution
Bill of Rights 1689 - Emerged from the Glorious Revolution, affirming the rights of parliament, such as the proivision of regular parliaments, free elections, freedom of speech within parliament
Act of Settlement - Source of UK Constitution
Act of Settlement 1701 - Established right of parliament to determine the line of succession to the throne
Acts of Union - Source of UK constitution
Acts of Union 1707 - United England and Scotland, placing both under one Westminster Parliament. Basis of UK until establishment of Scottish Parliament under Blair in 1997
Parliament Acts - Sources of UK constitution
Acts of Parliament 1911, 1949 - Reduced power of HoL to interfere in HoC. 1911 affirmed that HoL couldn’t delay money bills, and only 2 year delaying power for non - financial bills
1949 - Reduced this delay to 1 year
European Communities Act - Source of UK constitution
European Communities Act 1972 - Entered Britain into the European Economic Community, predecessor of EU, establishing precedence of EU law over UK law where conflict occurred.
Nature of UK constitution
Uncodified - no single document
Unentrenched - can be altered relatively easily by majority in parliament. All UK laws have equal status
Unitary - sovereignty has traditionally been located at the centre, with the component parts of the country, all essentially run from London. Modified since late 1990s devolution
Two pillars of UK constitution as proposed by A.V Dicey
Parliamentary sovereignty- parliament can make, amend or unmake any law, and cannot bind its successors or be bound by its predecessors
Rule of law - all people and bodies, including govt, must follow the law and can be held accountable if they do not
5 main sources of the UK constitution
1) Statute Law - body of law passed by parliament
2) Common Law - laws made by judges where the law does not cover the issue or is unclear, eg the presumption of innocence was a common law principle later converted into statute law in 1679
3) Conventions - traditions not within law, but influential in operation of political system
4) Authoritative works - expert written works describing how a political system is run, taken as guides, such as Erskine May’s ‘Parliamentary Privilege’
5) Treaties - Agreements with other countries, usually ratified by parliament, eg Maastricht Treaty that converted EEC into EU
What were the pressures for constitutional reform in 1990s
Demand for modernisation - eg, New Labour was open to demands for more open democracy and stronger guarantees of citizens rights from pressure groups such as Charter 88 (later Unlock Democracy)
Experience of Conservative rule 1978 - 97
Con had refused to undertake constitutional reform and built up pressure for change, particularly in Scotland that felt estranged from distant Westminster
Changes to Constitution under New Labour
1997 - 2010
- HoL reform - removal of all hereditary peers except 92. Majority now life peers, appointment supposedly by merit. No dominant political party domination in HoL. 2000 HoL Appointments Commission
- Electoral Reform - Forms of proportional representation brought to Scottish parliament, Welsh assemble etc
- Devolution - Following 1997-98 referendums, creation of devolved bodies for Scot, Wales, N.I.
- Human Rights Act - Incorporated the European Convention on Human Rights into UK statute law, enshrining various rights such as freedom from slavery and right to a fair trial. All future legislation must be compatible with ECHR. Judges could highlight laws incompatible with ECHR. But, HRA was limited as gov “derogated from” Article 5, that gave individuals right to liberty and security, in cases if suspected terrorism
- Creation of Supreme Court - 2005 Constitutional Reform Act led to establishment of Supreme Court in 2009, highest appellate court for civil cases, and criminal cases (except Scot) in UK. Role previously held by Law Lords sitting in HoL - example of separation on powers
What is devolution?
Granting of powers from central govt of UK to regional governments of Scotland, Wales, and Northern Ireland
How does devolution differ from federalism
Devolution transfers powers by statute and thus may be reversed by Parliament.
Federalism divides power constitutionally which can’t be removed by a central govt
When were devolved governments made
Scotland and Wales in 1999 after 1997 referendums
Northern Ireland in 1998 after the Good Friday Agreement
Powers of Scottish Parliament
Primary legislative powers over education, health, justice, and tax varying powers
How did Welsh devolved powers compare to Scottish devolved powers
Initially limited, but have expanded over time.
Since 2017 Wales Act, Wales has reserved powers model similar to Scotland, but with fewer powers (eg in tax varying)
Significance of Good Friday Agreement
Led to the establishment of Northern Ireland Assembly and Executive and formed a power sharing agreeement between Unionists and nationalists
West Lothian question
Issue of MPs from devolved regions having the ability to vote on England - only matters in Parliament, while English MPs have no such say over devolved matters
What was English Votes for English Laws (EVEL)
Parliamentary procedure introduced in 2015 and scrapped in 2021 to allow only English MPs to vote on laws affecting England only
Role of devolution in uncodified UK constitution
Show the flexibility of the constitution, as devolution can be reversed (not constitutionally entrenched)
Impact of devolution on UK
Raised questions about national identity and increased calls for independence, particularly in Scotland
Arguments for and against the extension of devolution to England
For:
England has greatest population and is the most prosperous part of the UK. Receives les funding per head an other parts of UK. Federal solution would promote greater equality between each part of UK
Devolution has worked to meet some wants of Scot, Wales, and N.I. Why wouldn’t it work for Eng?
The existence of strong regional identity in parts of the UK such as in Devon beckons the need for regional assemblies to coordinate local policy
Against:
England’s size and wealth would mean it would dominate in a federal system.
Most English people make no distinction between Britain and England as a whole, and see Westminster as their parliament
Blair’s 2004 English devolution proposals were defeated, suggesting the lack of a strong enough sense of identity to make regional assemblies viable
