The nature and sources of the British constitution Flashcards
(3 cards)
Explain and analyse the significance of three sources of the British Constitution. [9 marks]
Point- Statute law is any law derived from parliament.
Evidence- Human Rights Act 1998, incorporates the rights set out in the European Convention on Human Rights (ECHR) into UK law.
Explain- Significant as it allows UK courts to deem a bill incompatible, but it limited as it is up to the ministers to decide whether to amend or repeal.
Point- Common law is where legislation is unclear, this is interpreted by the courts, and this sets a legal precedent afterwards.
Evidence- UK Supreme Court not allowing proroguing of Parliament.
Explain- Significant as it granted more power to UKSC and took from the executive.
Point- Royal prerogative are powers held by the Monarch but are exercised by the PM.
Evidence- When David Cameron authorised air strikes on ISIS using his royal prerogative powers.
Explain- Significant as royal prerogative powers the ability to declare war and take military action without the consent of parliament, although this is limited as Gordon Brown created a convention requiring parliament’s consent for military action.
Explain and analyse three key developments of the British constitution before 1900. [9]
Point- Magna Carta 1215.
Evidence- Clause 39 guaranteed the right to a swift and fair trial, offers protection from arbitrary imprisonment.
Explain- Significant as it provided many civil liberties to free men, took power away from the King and threatened rebellion if rights were infringed.
Point- Bill of Rights 1689.
Evidence- Firmly established the principles of frequent parliaments, free elections and freedom of speech within Parliament.
Explain- Significant as it placed limitations on the power of the monarch, enhanced status of parliament
Point- Act of Settlement 1701.
Evidence- It barred Roman Catholics from taking the throne, only protestants could now become monarchs.
Explain- Significant as it led to the House of Hanover assuming the English throne. It also paved the way for the Acts of Union (1707).
Explain and analyse three constitutional reforms introduced since 2010. [9]
Point- The Fixed-term Parliament Acts 2011.
Evidence- It established a pattern of fixed general elections every 5 years.
Explain- Significant as it removed the ability of the PM to call elections at politically advantageous times. Its limitations were made clear in the calling of the early election in 2017.
Point- The Scotland Act 2012 Act.
Evidence- It gave the Scottish government the power to vary income tax up or down by 10 pence per pound and devolved multiple other areas.
Explain- Significant as it ensured that decisions on taxation are made closer to the local people, communities and businesses they affect.
Point- House of Lords Act 2014.
Evidence- Gave peers the right to retire or resign their seats, also allowed peers to be removed for serious criminal offences or non-attendance.
Explain- Significant as it halted the growing increase in the number of those eligible to sit and vote in the House of Lords.
