Topic 1: UK Constitution

Question 1

What is an uncodifed constitution?

Answer 1

Found in variety of sources = UK constitution

Also Saudi Arabia/New Zealand?

Question 2

What is the significance of the UK constitution being uncodifed?

Answer 2

1. More difficult to understand rights/how political system works
2. BUT easier to adapt e.g. Acts of Parliament

Question 3

What is an example of a change to the constitution that was made in the UK?

Answer 3

Constitutional Reform Act 2005 - created supreme court (seperate judiciary)

Question 4

What does it mean that the constitution is unitary?

Answer 4

All power derives from central govt - opposite of federal constitution e.g. USA

Question 5

What is the significance of the UK being a unitary state?

Answer 5

1. Westminister Parliament is sovereign = very powerful
2. Any power given to regions e.g. devolution is delegated = not transferred permanently

Question 6

What is the rule of law?

Answer 6

1. Everyone equally subject to laws - even govts/ministers cannot break
2. AV Diecey - “twin pillars” of constitution
3. Opposite of arbitrary govt e.g. dictatorships

Question 7

What is the significance of the rule of law?

Answer 7

1. Limits power of govt
2. Govt department breaks low/guidlines = beyond power of law
3. Lead to govt reverse actions, EXAMPLE: 2019 - Boris Johnson acted illegally by attempting to prorogue parliament without consent for Brexit debates

Question 8

What is parliamentary sovereignity?

Answer 8

Parliament = supreme authority, can alter constitution at will with statute law

Question 9

What is the significance of parliamentary sovereignity?

Answer 9

1. Flexible, easy to change - new law needed
2. No parliament can bind its successor - constitution can be changed over time
   e.g. European Communities Act 1972 repealed by European Union (Withdrawal Agreement) Act 2020

Question 10

What is statute law?

Answer 10

Acts of Parliament - alter British constitution e.g. voting under Gretat Reform Act 1832 + Ballot Act 1872
Also covers human rights e.g. Human Righs Act 1998 - incorporated ECHR

Question 11

What is the significance of statute law?

Answer 11

1. Constitution flexible/adapatable
2. Easily to expand/protect democracy/individual rights e.g. giving women vote by 1928
   BUT rights could be removed/diluted by parliament

Question 12

What is common law?

Answer 12

Laws passed by legal judgements in court - right to free expression, murder
Magna Carta based on common law

Question 13

What is the signficance of common law?

Answer 13

1. No precedence over statute law/Acts of Parliament.
2. Statute law can repeal/modify rights e.g. compulsory purchase orders

Question 14

What is royal prerogative?

Answer 14

Historicalc powers of monarch transferred to PM
e.g. armed forces lead by monarch but decisions made by govt

Question 15

What is the significance of royal prerogative?

Answer 15

Govt can extend powers e.g. honours including peerages
BUT limited by Acts of Parliament e.g. Fixed-term Parliaments Act 2011

Question 16

What are conventions?

Answer 16

Unwritten traditions - govt run smoothly
e.g. 1945 Salisbury Convention - Lords agree to not delay policies in governing party’s manifesto

Question 17

What is the significance of conventions?

Answer 17

1. Usually work well e.g. enabled David Cameron to have first chance to form coalition govt
2. BUT not protected by anything other than tradition

3; Lors rejected People’s Budget in 1909 - broke convention = constitutional crisis

Question 18

What are authoritative opinions?

Answer 18

Writings/books of constitutional experts that clarify/explain inner workings of constitution e.g. AV Diecey’s “Introduction to the Study of the Law of the Constitution”

More recent - Cabinet Manual - sets out main laws for conduct of govt

Question 19

What is the significance of authoritative opinions?

Answer 19

Like conventions = no legal authority BUT smooth running of govt

Not usually approved formally by parlimanet

Also embody/describe existing rules/conventions

Question 20

What are international treaties & conventions?

Answer 20

Treaties/agreements that UK govt has signed up to e.g. ECHR

Question 21

What is the significance of international treaties & conventions

Answer 21

ECHR - all legislation previously had to conform, asylum law, enviroonmental controls e.g. UK signed 2015 Paris Agreement on climate change

Question 22

What was the Magna Carta in 1215?

Answer 22

1. Agreement between King John + barons that established that everyone was subject to law.
2. Right to fair trial.
3. Landmark in development of human rgihts - some clauses also in American Bill of Rights 1791 + Universal Declaration of Human Rights

BUT did not give many rights to ordinary people

Question 23

What was the Bill of Rights (1689)?

Answer 23

1. Agreement between king/parlimanet
2. States Parliamnet must meet frequently, elections free, complete freedom of speech (parliemntary privilege)
3. Principles of no taxation without agreeement
4. Created parliamentary sovereignity

Question 24

What is an example of parliamentary privilege?

Answer 24

July 2021 - SDLP MP Colum Eastwood used it to name “Soldier F” - British soldier accused in involvement in 1972 BLoody Sunday shootings

Question 25

What were the Acts of Settlement (1701)?

Answer 25

1. Only Protestants not Catholics could become monarch/married to monarch 2. Asserted parliament's dominant position 3. Established principle that monarchy existed on parliament's terms

Question 26

What were the Parliament Acts (1944 and 1949)?

Answer 26

1. Reduced rights/powers of Lords 2. 1911 act - rempved power to veto legislation/two year delay 1949 Act - reduced delay to 1 year 3. Acts increased powers of Commons

Question 27

What was the European Communites Act (1972)?

Answer 27

* Brought in by cons. govt - entry into what is now EU * Weakening of parliamentary sovereignity - comply with EU law * 2016 brexit - undone

Question 28

What are some examples of changes to the constitution since 1997?

Answer 28

1. Creation/expansion of developed parliaments (Scotland, Wales, Northern Ireland) - Wales Act 2014/2017, Scotland Act 2016 2. Reform HoL 199 - removal of hereditary peers (92 left) 3. Human Rights Act 1998 4. Freedom of Information Act 2000, Data Protection Act 1998 5. European Union (Withdrawal) Act 2018

Question 29

What is the significance of the Freedom of Information Act 2000?

Answer 29

Requires public bodies to publish information about activites e.g. annual report, minutes of meetings + public reques tinformation

Question 30

What are some of the strengths of the Freedom of Information Act?

Answer 30

1. FOI requests popular - 44,000 requests in 2020 2. Allows public/presusre groups to find watse/inefficency 3. Journalists cna investigate, e.g. expenses scandal 2009 4. Public scrutiny of policy intatitves e.g. 2006 - knife amnesty by Metropolitan police - limited impact

Question 31

What are some of the weaknesses of the Freedom of Information Act?

Answer 31

1. Public bodies can refuse requests e.g. national security, cost 2. 2020 - 50% declined 3. Release of private/personal information about indviiduals

Question 32

What was the Fixed-term Parliaments Act 2011?

Answer 32

* Weakened power of PM to call election * Now needs vote by 2/3 majority to call early election or no confidence * Enhance stability of coalition govt * BUT repelled by Cons. in 2021

Question 33

What were the advantages of the fixed term parliaments act?

Answer 33

1. Coalition govt work in stable/effective way over term 2. Fairer on junior members e.g. Liberal Democrats in 2010

Question 34

What were the weaknesses of the fixed term parliaments act?

Answer 34

1. Only passed due to political circumstances 2. Did not protect Liberal Democrats as went from 57 MPs to 9 in 2016 3. Boris Johnson got around act to call early election by vote of 438 to 20 in 2019

Question 35

What are some arguments that the British constituion protects rights?

Answer 35

1. Statute laws + anti-discrimination laws - explicitly defined e.g. reight to access information 2. Codification = not enhance awareness of individual/collective rights 3. Large no. of people/pressure groups use courts to assert rights 4. Electorate unlikely to cote for MPs who will take away rights

Question 36

How does the British constitution not protect rights?

Answer 36

1. Loopholes in legsialtion e.g. 2018 furorse over uneqal pay for journalists at BBC 2. Uncodified = unaware of rights 3. Parliamentary sovereignity = no rights entrenched 4. Brexit - rights more vulnerable as leaving EU - no double strength of being in both ECHR and EU

Question 37

What are some examples of where individual rights and collective rights clash?

Answer 37

1. Individual privacy BUT terrorism have phone calls monitored 2. Individual discrimination e.g. sexuality BUT religious groups express beliefs 3. Individual free speech BUT collective right of minority group not to be subjected to hate speech 4. Individual employees not to be coereced/intimidated BUT collective right to be treated fairly/strike 5. Individual to keep private life private BUT collective right for press to investigate stores in public interest 6. Individual choice to be vaccinated BUT collective right to protect those clinically vulnerable