the uk constitution pt1 Flashcards
(30 cards)
definition of a constitution
set of rules that regulates how a country’s gov and polticis work
what does a constitution do
- distributes power within the state - decides who has power
- establishes relationships between dif parts of gov - like parliament, PMs, courts
- limits govs power so not too strong
- protects citizens rights and explains how safeguarded
- explains how constitution can be changed - amendment proccess
2 key reasons for the uk constitutions gradual change
- its organic - evolved naturally with society and polticis - not one single event
- no single revolutionary moment unlike some other countries
7 key stages in the development of the UK consitutional change
- MAGNA CARTA 1215 - deal between nobles and king. introduced rule of law
- BILL OF RIGHTS 1689 - agreement between king and parliment - made clear parliament had final say over laws - not king
- ACT OF SETTLEMENT 1701 - confirmed monarch as ruler of England, scotland, wales, Ireland. said monarchs successor must be approved by parliament
- ACT OF UNION 1707 merged English and scottish parliemnts to create the uk parliament
- PARLIAMENT ACTS 1911 19449 - reduced powers of HoL. gave HoC more control - especially on money related laws
- EU COMMUNITIES ACT 1972 - allowed UK to join EU
- EU WITHDRAWAL AGREEMENT ACT 2020 - confirmed UKs legal departure from EU - following 2016 ref
how is the UK consitution uncodified
- isnt written in one single document
- ## comes from many sources so its MULTI-SCOURCED: statute law (acts of parliament), conventions (unwritten rules still followed), historical texts (Magna Carta)
difference between codified and uncodifed consitutions
uncodified - not written in single document - multi-sourced
codified - written in singkle document - more important than normal laws and harder to change and admend
how is the UK constitution unentrenched
- easy to change - just needs an Act of parliment
- eg parliament could just scrap the HRA with a new law
- most CODIFIED constitutions are ENTRENCHED - therefore need special procedures to be changed
difference between unentrenched and entrenched consitution
unentrenched - can be easily changed by normal act of parliament
entrenched - hard to change - usually needs complex process
how is UK parliament sovereign
- parliamentary sovereignty - parliament has the final say
1. not bound by their successor –> EU Communities Act 1972 was repealed with EU Withdrawal Act 2018
2. uncodified constitution –> eg fixed term parliament act 2011 was repealed in 2022
3. override all other sources of law –> take precedence over common law and prerogative powers eg R (Miller) v Secretary of State for Exiting the EU (2017), the Supreme Court confirmed that only Parliament could authorise the triggering of Article 50.
4. sovereignty restored post brexit –> EU no longer has supremacy
4 forms of sovereignty
- legal - formal power to make laws - in UK this is Parliament
- political - real-world power to influence decisions, usually hekd by gov or PM
- popular - power of ppl - especially through elections/ refs
- devolved - powers given to regional bodies (like scottish parliament) - these can also be taken back by the uk parliament
what is rule of law in UK
- no one can be punished without trial
- everyone is equal under the law - even gov officials
- judges must be independent and free from political interference
- ppl can take the gov to court
- gov must act lawfully and not be arbitrary and obey laws passed by parliament
how does the UK have a unitary constitution
- all political power lies in one location - Westminster
- Uk parliament has ultimate control even though it delegates power to: devolved parliaments (eg scotland), local councils, UK supreme court (but it doesn’t override parliament)
- EG –> uk supreme court 2017 ruled only UK parliament could confirm Britain’s withdrawal from EU - not devolved bodies
definition of unitary constitution
power held in one central place and can be passed down but also taken back by the sovereign body
definition of federal constitution
power shared between central and regional governments. each level has protected powers under an entrenched constitution
the UKs fusion of powers
the gov is made up of individuals who are members of either HOC or HOL
- means the executive (government) is drawn from the legislature (parliament)
- members of gov (ministers) must also be MPs or peers eg the PM is always an MP
- the UK despite being fused is slightly more seperated due to Supreme Court
what is separation of powers
the powers of the different branches of gov are clearly defined + seperated
- supreme court created to remove senior judges from parliament
- the executive, legislature, and judiciary are entirely separate and staffed by different personnel.
- common in presidential systems
5 ways the UKs consitutional principles changed
- UNCODIFIED - not a single document
- EG - brexit removed major source of law - EU
- EG - HRA - incorporated the EU Convention on HR into uk law –> more unwritten source of constitution being written into statute law - UNENTRENCHED
- uk becoming semi-entrenched bc gov make changes via referendums - PARLIAMENT IS SOV
- parliamentary sov is clashing more now w popular sov via referendums
- EG - 2016 EU ref not legally binding but parliament passed brexit in response
- shows how pop votes limit parliaments practical power if not legally required - UNITARY
- devolution means uk now quasi-federal (semi federal)
- dif uk nations have dif laws eg on health, education etc
- uk no longer purley unitary but not fully federal - FUSION OF POWERS
- creation of supreme court created more separation between judiciary and legislature
- Previously, the Law Lords sat in Parliament and heard appeals. Now, judicial power is fully separated into a different building and system
5 sources of the UK constitution
- STATUTE LAW - law passed by parliament, HRA 1998, Constitutional Reform Act 2005
- CONSTITUTIONAL CONVENTIONS - unwritten rules not legally binding - Sailsbury Convention
- FOREIGN TREATIES & AGREEMENTS - legal agreements with international bodies that bind UK, EU Convention on HR, Council of Europe
- AUTHORITATIVE WORKS - writings by constituional experts who clarify constitutional meaning, A.V. Dicey’s Law of the Constitution 1885
- COMMON LAW AND TRADITION - legal principles developed by judicial precdent over time, eg rights like freedom of expression
what was the constitutional reform 1997-2010
labour gov wanted to adress key issues:
- more democratic political system
- power was TOO centralised - westminster too much control
- citizens’ rights werent fully protected
- political system needed to be modernised
key reforms during this period:
- devolution to Scotland Wales NI London
- HRA 1998
- house of lords reform
- freedom of information act 2000
- creation of supreme court 2009
what is devolution
transfer of power, but not sovereignty, from central government (Westminster) to regional assembilies like sotland, wales, NI
key features of UK devolution
- power transferred, not sov –> westminster still ultimate legal authority
- initially funded by grants but devolved govs now have tax-raising powers
- Barnett formula allocates funding –> financial support to scotland, Wales, NI based on need
- asymmetric devolution –> scotland has more powers than wales eg
- each devolved administration has an elected assembly and executive from that assembly
- elections use proportional systems not FPTP
- refs used to entrench devolved arrangements
- westminster still has power to reclaim devolved powers
evaluation of the 1997-2010 reforms
- sig improved regional representation and modernised parts of uks constituion
- but weakens sovereignty
- asymmetric makes it unfair?
pros and cons of devolution
PROS
- policies can be more regionally tailored to meet local needs better
- power-sharing in NI reduced historic sectarian violence
- proportional electoral systems like AMS + STV create legitimacy and reduce risk of one-party dominance
CONS
- create perceptions of unfairness eg all under-25s in Wales get free prescriptions but not in England
- non english MPs in UK parliament can still vote on UK only issues - raises issues
- proportional systems could lead to unstable coalitions eg in 2017 power sharing in NI collapsed after election deadlock
pros and cons of the HRA 1998 being brought into UK law - imapcts
PROS
- ppl can appeal for justice in UK courts instead of EU courts –> rights more affordable + accessible
- parliament remains sovereign –> so even if court says law goes against human rights by making declaration of incompatibility, Parliament can ignore or change it –> not forced to act
- encourages rights-based thinking in parliament bc laws must be assessed against ECHR rights
CONS
- critics eg conservatives say it gives unelected judges too much power over gov
- many believe act is not entrenched –> repealed easily which threatens long term rights
- gov can ignore court rulings - reducing Act’s effectiveness
