The Constitution Flashcards
(46 cards)
What is meant by the UK Constitution being uncodified?
It means the UK does not have a single written document that outlines its constitutional principles. Instead, its constitution has evolved over time and is derived from a number of different sources such as statutes, common law, conventions, and authoritative texts.
What does it mean that the UK Constitution is untrenched?
The UK Constitution can be easily amended or repealed because constitutional laws have the same legal status as any other statute. Parliament can change constitutional principles simply by passing new legislation, as shown when the UK repealed the European Communities Act (1972) during Brexit.
What is a unitary state and how has devolution affected this status?
A unitary state has centralised power located in one body (Parliament). Devolution under the New Labour government has created devolved institutions in Scotland, Wales, and Northern Ireland, making the UK a ‘union state’ where powers are distributed but not constitutionally guaranteed.
What is Parliamentary Sovereignty and what are its key implications?
It’s the principle that Parliament can make, amend, or unmake any law. No Parliament can bind its successor, and laws cannot be overturned by any higher authority. Examples include: Repeal of Section 28, Repeal of Clause IV, Supreme Court can interpret laws but not overturn them.
What is the Rule of Law and why is it important in the UK Constitution?
It’s the principle that all individuals and bodies, including government, are subject to the law. Key features: fair trials, equality before the law, public officials are not above the law, and judicial independence. Acts as a limitation on Parliamentary Sovereignty.
What is the Magna Carta (1215) and its significance?
Signed by King John, it established the principle that no one, including the king, could be deprived of liberty or property without due process of law. It is seen as the foundation of legal rights and the limitation of absolute monarchy.
What were the main outcomes of the Bill of Rights (1689)?
This act limited royal power and established key parliamentary rights including regular sessions of Parliament, free elections, and freedom of speech within Parliament (parliamentary privilege).
How did the Act of Settlement (1701) impact the monarchy?
It gave Parliament control over the succession of the throne, reinforcing Parliamentary Sovereignty and limiting royal prerogative.
What did the Acts of Union (1707) do and how were they altered?
United England and Scotland under one Parliament in Westminster. This was partially reversed by the 1997 devolution reforms under Blair, which established a Scottish Parliament and other devolved bodies.
What changes did the Parliament Acts (1911 & 1949) bring?
The 1911 Act removed the House of Lords’ power to veto money bills and replaced it with a two-year delay for other bills. The 1949 Act reduced this delay to one year, strengthening the elected House of Commons.
What was the impact of the European Communities Act (1972)?
It gave EU law supremacy over UK law when conflicts occurred. This principle of EU primacy was later repealed during Brexit, reaffirming Parliamentary Sovereignty.
What is statutory law?
Laws passed by Parliament. These are the most significant and legally binding part of the UK Constitution. Example: Human Rights Act (1998).
What is common law?
Law created through judicial decisions when existing laws are unclear or absent. Examples include the presumption of innocence and habeas corpus.
What are conventions in the UK Constitution?
Unwritten practices considered binding but not legally enforceable. Example: The convention that the Prime Minister must be a member of the House of Commons.
What are authoritative works?
Texts written by constitutional experts that guide how the constitution operates. They are not legally binding. Example: A.V. Dicey’s “Introduction to the Study of the Law of the Constitution”.
What are treaties and how do they affect the Constitution?
International agreements that can influence UK law. Example: The Maastricht Treaty led to further integration into the EU and influenced UK constitutional development.
What were the main pressures for constitutional reform in the 1990s?
A desire for more open and democratic governance (led by pressure groups like Unlock Democracy), and frustration with Conservative governments who resisted constitutional reform.
What was the purpose and outcome of devolution under New Labour?
Devolved bodies were created for Scotland, Wales, and Northern Ireland. Aimed to reduce SNP support and stabilise NI politics. Wales received weaker powers due to less demand. Plans for English regional devolution were rejected in the North East.
How did House of Lords reform change its composition?
All but 92 hereditary peers were removed, ending automatic Conservative dominance. A House of Lords Appointments Commission was set up to nominate some non-partisan peers. However, the Lords remained unelected and still lacked democratic legitimacy.
What electoral reforms were introduced under New Labour?
Proportional representation systems were introduced for the Scottish Parliament, Welsh Assembly, Northern Ireland Assembly, and European Parliament elections. No change was made to the First-Past-the-Post system for Westminster.
What was the Human Rights Act (1998) and its limitations?
Incorporated the European Convention on Human Rights into UK law. Courts could declare legislation incompatible, but not overturn it. Its limitations were shown in 2005 when the government bypassed Article 5 using control orders.
What was the significance of the 2005 Constitutional Reform Act?
Established the UK Supreme Court, separating the highest court from the House of Lords. Reinforced the independence of the judiciary and the separation of powers between lawmaking and adjudication.
What was the purpose of the Fixed-Term Parliaments Act (2011) and its limitations?
Removed the PM’s power to call elections at will and fixed general elections every five years. Early elections still possible if ⅔ of MPs agree or after a failed no-confidence motion. Theresa May bypassed this in 2017 with opposition support.
What is a key benefit of an entrenched Bill of Rights?
It would provide stronger protection of individual liberties by preventing governments from easily altering fundamental rights.
