The constitution Flashcards
(41 cards)
1
Q
What does unentrenched mean?
A
- A constitution with no special procedure for amendment.
2
Q
What does uncodified mean?
A
A constitution not contained in a single written document.
3
Q
What is the Manga Carta?
A
The Magna Carta established the principle of the rule of law- the notion that everyone, including the king, is subject to the law.
4
Q
What is the Bill of Rights?
A
The Bill of Rights limited the powers of the monarchy and affirmed the rights of Parliament, ensuring parliamentary supremacy over the crown.
5
Q
What is the Acts of Settlement?
A
Secured Protestant succession to the throne, ensuring that the monarch could not be Catholic, reinforcing the religious and political order.
6
Q
What are the Acts of Union 1707?
A
The Acts of Union unified England and Scotland into a single kingdom, Great Britain, establishing a centralised parliamentary system.
7
Q
What are the Parliament Acts 1911 & 1947?
A
The Parliament Acts reduced the power of the House of Lords by limiting its ability to block legislation, reinforcing the power of the elected House of Commons.
8
Q
What does unitary mean?
A
When power is vested in one central body.
9
Q
What does Federal mean?
A
When power is spread across many units, such as states within a country.
10
Q
A
11
Q
What are the 5 sources of the UK constitution?
A
- Authoritative Legal Works
- Statute Law
- Constitutional Convention
- The Common Law of the UK
- Treaties.
12
Q
What are Authoritative Legal Works: The Twin Pillars?
A
- Dicey developed the idea of Rule of Law in practice, and also coined the phrase Parliamentary Sovereignty. Together, these two terms are known as the ‘twin pillars’ of the constitution.
-
Parliamentary sovereignty according to Dicey:
Parliament is the supreme legal authority, able to make or end any law. No other body, including courts, can challenge Parliament’s decisions. -
Rule of law according to Dicey:
Everyone, including government officials, is subject to the law. No one is punished without legal process, all are equal before the law, and individual rights are protected. - Dicey notes:
The Rule of Law and Parliamentary Sovereignty are linked, because Rule of Law is a check on parliament’s power. Although Parliament can make or unmake any law it likes, it is not above the law.
13
Q
A
14
Q
What are the principles of Parliamentary sovereignty (with examples)?
A
- No Parliament can bind its successor and can amend or repeal any previous laws. Eg. in 2003, Parliament repealed Section 28 of the 1988 Local Government Act, which banned discussions of homosexuality in schools and local authorities.
- Parliament can make or unmake any law. Major social changes in the 1960s, like legalizing abortion and homosexuality, easing divorce, and abolishing the death penalty, relied on Acts of Parliament.
- Legislation passed by Parliament cannot be struck down by a higher body, such as a constitutional court. Eg, although the UKSC ruled the Rwanda plan to be unlawful this did not have an impact on the government’s actions.
15
Q
What are some case studies for the Rule of Law?
A
- The Hillsborough Disaster 1989, is an example of the Rule of Law in action through the long legal process, with multiple investigations and inquests eventually concluding that the victims were unlawfully killed due to police failures
- The Boris Johnson scandal, involving alleged breaches of COVID-19 restrictions during lockdowns, prompted legal investigations and parliamentary procedures, demonstrating the Rule of Law in holding public figures to account.
16
Q
What is the Common Law?
A
- Common law refers to a body of laws that are based on tradition, custom and precedent.
- Although 88the ultimate source of common law is custom, long-established practices that have come to acquire legal status**, the body of common law has largely been created by the courts on a case by case basis.
- This happens through the use of precedent, where judgements in earlier similar cases are taken to be binding in later cases.
- Therefore, common law is often referred to as ‘judge-made’ law.
17
Q
What are the constitutional rules founded in common law?
A
-
Royal Prerogative:
Formal powers of the Crown have been established under common law- many of which have now been passed on to the PM and executive (such as deploying armed forces and making treaties). -
Traditional rights and freedoms:
Until the passing of the HRA, the courts recognised what were called ‘residual’ rights, rights that rested on the common law assumption that ‘everything is permitted if it is not prohibited.’
18
Q
What affects do treaties have on the UK constitution?
A
- Following the Treaty of Accession in 1972, the UK began to adopt European Community law.
This includes acts like:
The Single European Act- the creation of a single European market by 1992
The Maastricht Treaty (1992)- officially established the European Union (over the European Community as it were),
The Lisbon Treaty (2007)- introduced the European Council and strengthened the power of the European Union. - Since the European Withdrawal Act 2018, all EU law has been transferred to domestic (UK) law.
We refer to these laws as Retained EU Law (REUL), and this is outlined in the Retained EU Law (Revocation and Reform) Act 2023.
19
Q
What is the Constitutional Convention?
A
The accustomed way in which political activity is carried out. Conventions do not legally have to be carried out, but their significance is from the force of tradition. These are effectively the unwritten rules of good political behaviour.
Key constitutional conventions in the UK:
- The Prime Minister should come from the House of Commons,
- Since 2003 (Tony Blair) House of Commons will vote in military intervention,
- The Salisbury Convention - the House of Lords cannot block legislation which is outlined in the winning party’s manifesto.
- The public will be consulted by way of a referendum to legitimise the proposed changes to legislation.
20
Q
What were New Labour’s Constitutional Reform promises?
A
- Improve democracy and accountability through House of Lords reform like reducing the number of hereditary peers to just 92.
- Promote judicial independence through the creation of a UK Supreme Court in 2005.
- Achieve European integration by adopting key EU legislation (Human Rights Act 1998)
- Reform the voting system away from FPTP.
- Extend devolution to address regional inequalities both within England and across the UK.
21
Q
How did New Labour reform the House of Lords through the House of Lords Act 1999?
A
- Blair’s government aimed to modernise the House of Lords to make it more democratic. The House of Lords Act 1999 significantly reduced the number of hereditary peers to 92.
- This shifted the balance towards life peers, who are appointed based on merit rather than inheritance, thus increasing the chamber’s accountability.
22
Q
How and why did New Labour bring the Supreme Court?
A
- The Blair government created the UK Supreme Court through the Constitutional Reform Act 2005, which saw the official opening of the UK Supreme Court in 2009.
- Prior to this, the UK Supreme Court’s judicial functions were performed by the House of Lords.
23
Q
What is the role of the Supreme Court?
A
- The UK Supreme Court is the highest court in the UK and functions as a court of appeal.
- This means cases cannot begin there in the first instance, and must referred from lower courts.
- It only hears cases where there is a significant legal question or where the law may have been misinterpreted or misapplied.
- Before the European Withdrawal Act 2018, the European Court of Human Rights served as the highest court of appeal for human rights cases.
- In 2024, the Supreme Court went against the will of parliament stating that sending asylum seekers to Rwanda would jeopardize the human rights of those involved. As it can, under the principle of parliamentary sovereignty, the UK Parliament ignored this.
24
Q
How was European Law integrated into UK law through the Human Rights Act 1998?
A
- The Human Rights Act 1998 (HRA), introduced by Tony Blair’s Labour government, incorporated the European Convention on Human Rights (ECHR) into UK law.
- This allowed individuals to challenge human rights violations in UK courts.
- It was part of Blair’s broader constitutional reforms aimed at enhancing individual rights and accountability.
25
How was Electoral reform proposed by the AV referendum?
- **What it proposed:**
The AV referendum offered a chance to replace First Past the Post (FPTP) with the Alternative Vote system.
Under AV, voters rank candidates in order of preference, with votes redistributed until a candidate receives over 50%.
- **Outcome and Significance:**
Rejected by 67.9% to 32.1%.
Major setback for electoral reformers and hurt ideas for future reform (improving the provision of the electoral quota).
26
What did The Fixed Term Parliaments Act 2011 do?
- What it did:
Set a fixed five-year schedule for general elections, preventing the Prime Minister from calling early elections at will.
- Early elections could only be triggered if:
**Two-thirds** of MPs in the House of Commons voted for one.
The government lost a **vote of no confidence**, and no alternative government was formed within 14 days.
27
What is The Fixed Term Parliaments Act 2011 significance?
- **Reduced** Prime Ministerial power to call elections opportunistically (at an advantageous time).
- Intended to create **political stability in the coalition government**.
- **Repealed in 2022 by the Dissolution and Calling of Parliament Act**, restoring the PM’s ability to call early elections.
28
How did the Wright Commission bring about Parliamentary Reform and what impact did it have?
The Wright Reforms relate to the work of the Wright Committee, which established a series of necessary reforms in order to restore public confidence in the Commons following the **Expenses Scandal of 2009**.
- What it did:
Strengthened backbench MPs by:
Allowing them to elect **select committee chairs**, reducing government control over scrutiny.
Creating the **Backbench Business Committee**, giving MPs more control over the parliamentary agenda.
- Impact:
Increased parliamentary scrutiny of the government **by strengthening the role of select committees and allowing MPs to elect their chairs**.
Weakened the executive’s dominance over the Commons **by reducing government control over parliamentary business and giving backbench MPs more influence over the agenda**.
29
How did the Smith Commision give Scotland further devolution?
- The Smith Commission (2014) was established after the 2014 Scottish Independence Referendum to recommend **further devolution of powers to Scotland**.
- It led to updates to the **Scotland Act 2012**.
- This was by granting the Scottish Parliament **greater control over taxation, welfare, and elections**, culminating in the **Scotland Act 2016**.
30
What Are Elected Police Commissioners?
- Introduced directly elected Police and Crime Commissioners (PCCs) in England and Wales to oversee police forces.
- Intended to improve **police accountability** by making policing more responsive to local communities.
- Significance:
Increased local democratic control over policing.
Critics argued that turnout in PCC elections was low (e.g., 15% in 2012), raising questions about their legitimacy.
Mixed effectiveness—some argued PCCs provided strong leadership, while others saw them as **unnecessary political appointments**.
31
What impact did the AV Referendum have on Constitutional Reform?
- The failure of the 2011 AV referendum **showed limited public appetite for electoral change**. This meant future policy plans from the Lib Dems about the electoral boundary and quota were quashed.
- **FPTP remains in place, meaning major parties continue to dominate elections**.
- However, discussions about PR persist, especially regarding House of Lords reform and devolved elections.
- Some argue that future referendums on voting reform could return, especially as smaller parties grow in influence.
32
What impact did The Scottish Independence Referendum (2014) have on Constitutional Reform?
- Following the "No" vote, **the Scotland Act 2016 granted Scotland greater control over income tax, welfare, and transport**.
- The SNP remained dominant, arguing that Brexit, which Scotland opposed, **justified a second referendum**.
- The result highlighted **regional inequalities** (push back from NI & Wales about the asymmetrical nature of devolution) sparking discussions on federalism and English devolution.
- Uncertainty over Scotland’s status intensified **calls for a clear constitutional framework rather than reliance on convention**.
33
What impact did Brexit have on Constitutional Reform?
- Raised questions about the **UK's constitutional structure, with debates about the role of Parliament, sovereignty, and the balance of powers** between Westminster and devolved governments.
- Reinforced **parliamentary sovereignty** with ideas of “taking back control”.
- **Devolved administrations in Scotland and Northern Ireland opposed Brexit**, highlighting the divergence of interests between the nations.
- The Brexit process has raised questions over if the UK should remain a unitary state, or become a **federal one**.
34
Why might Scottish Laws for Scottish Issues be problematic?
Despite having more power to make laws to address directly Scottish issues, **social issues prevail in Scotland**.
For example:
- Scotland spends **over £800 per pupil in education and has worse literacy and numeracy outcomes** than England on the international scale,
- Scotland see’s some of the highest drug related deaths in the UK - **3x that of the UK average in 2020**.
- A&E wait times are longer in Scotland than England.
- Moreover, the legislative authority of the Scottish Parliament was severely undermined when the **Gender Recognition Bill (2022)** was blocked by the UK Parliament.
35
How did The Gender Recognition Bill (2022) & Section 35 reinforce the supremacy of Westminster?
- In December 2022, the Scottish Parliament passed the Gender Recognition Reform (Scotland) Bill as this is a matter **devolved to Scotland**.
- The bill aimed to reform the process by which people in Scotland can legally change their gender by removing the requirement for a medical diagnosis of gender dysphoria.
- This was blocked under **Section 35 of the Scotland Act (1998)**, limiting Scotland’s legislative authority and reinforcing the supremacy of Westminster.
- Section 35 of the Scotland Act 1998 allows Westminster to block legislation set out in the Scottish Parliament and prevent it from gaining royal assent.
36
What are Metro Mayors?
Elected officials who oversee the governance of metropolitan areas. They were introduced to give local regions more control over their affairs- particularly in areas such as transport, housing, and economic development.
37
What has Andy Burnham done for Manchester?
- Re-regulation of bus services, improving the local authority’s control over routes and fares.
- The creation of a £100 million fund to support affordable housing projects in the region.
- "A Bed Every Night"- aims to provide accommodation for rough sleepers, especially during the winter months.
38
How is Andy Burnham an example of hardships upon Metro Mayors?
Case Study:
- When Greater Manchester was placed in higher tiers of restrictions, Burnham demanded a higher level of financial support for workers who would be impacted.
- The government initially offered insufficient assistance (£22m), which Burnham “took a stand” to lobby Boris Johnson to increase funding to £65m. **Eventually, £60m was given**.
- This revealed a gap in power, as metro mayors like Burnham did not **have full control over economic stimulus measures or health decisions during the crisis**.
39
What are the powers of the Mayor of London vs Metro Mayors??
- The Mayor of London has **control over policing** (the Metropolitan police) whereas **policing is overseen by Policing Commissioners in metropolitan cities**.
- The Mayor of London can **levy taxes (congestion charges and business rates) and can therefore generate wealth**, whereas Metro Mayors cannot.
- The Mayor of London has **control over TfL including railways**. Metro Mayors, such as Burnham, only have control over buses.
40
What does The West Lothian Question & EVEL suggest about English Devolution?
- **The West Lothian Question** asks whether MPs from Scotland, Wales, and Northern Ireland should be able to vote on issues that affect only England.
- **English MPs have no say on devolved matters in those regions**.
- English Votes for English Laws (EVEL) is a system designed to address the West Lothian Question by **giving English MPs a greater role in laws affecting only England**.
- Under EVEL, **certain bills that apply solely to England require approval from a majority of English MPs**.
41
Why was EVEL scrapped under the Johnson administeration?
- EVEL was scrapped in 2021 under the Johnson administration.
- Jacob Rees-Mogg said Evel had "undermined" Parliament and all MPs should be represented equally.
- He rejected accusations the move was to appease nationalists.
- He said the government was "trying to restore the beauty and the uniformity of our constitution so that it will work properly".
