UK GOVERNMENT - The Constitution

Question 1

What is a constitution?

Answer 1

The rules of the political game, defining the powers and responsibilities of different groups and how government and the people should behave.

Question 2

What is the difference between the construction of a codified and uncodified constitution?

Answer 2

Codified constitutions are laid out in a single document, whereas uncodified constitutions are spread out over multiple.

Question 3

What three democratic countries have uncodified constitutions?

Answer 3

The UK, New Zealand, and Israel

Question 4

What is the difference between a federal and unitary state?

Answer 4

power is spread between multiple sources in a federal state, whereas in a unitary state it is centralized to a single place.

Question 5

What 6 ideas do constitutions establish?

Answer 5

• Distribution of political power
• Political processes
• Competences of government
• Rights of citizens in relation to the state
• Rules of nationality
• Rules of amendment

Question 6

On the level of governmental power, how is the UK’s constitution peculiar?

Answer 6

Given the rule of ‘parliamentary sovereignty’, there is no limit to the powers of the UK Parliament; whereas, other constitutions (such as France) circumscribe their governments.

Question 7

On the level of amendment, how is the UK’s Constitution strange?

Answer 7

Amending the constitution is quite easy, it can be changed with a new parliamentary statute, the slow evolution of unwritten rules, or the publication of new guidance.

Question 8

What is required for and amendment in France and Ireland?

Answer 8

A referendum

Question 9

Development of the UK Constitution - 1215:

Answer 9

Magna Carta is signed in by King John, establishing Rule of Law and its application to the Monarch

Question 10

Development of the UK Constitution - 1689:

Answer 10

Parliament passes The Bill of Rights due to worries of William III and Mary exceeding their powers, establishing Parliamentary Sovereignty.

Question 11

Development of the UK Constitution - 1701:

Answer 11

The Act of Settlement established the legal rules for the succession of the Throne; however, its significance lies in establishment of the monarch as the ruler of the whole of the UK (aside from Northern Ireland (added in 1921)).

Question 12

Development of the UK Constitution - 1707:

Answer 12

The two Acts of Union abolished the seperate Scottish Parliament and established the Modern Great Britain. A similar Act of Union added Ireland in 1801, which was changed to Northern Ireland in 1921 after the independence of the Irish Free State.

Question 13

Development of the UK Constitution - 1911/49:

Answer 13

The two Parliament Acts dissolved the equal status between the Houses of Parliament, making the Lords now only capable of delaying legislation and not interacting with ‘money bills’.

Question 14

Development of the UK Constitution - 1972:

Answer 14

The European Communities Act brought the UK into the European Economic Community which would later become the European Union. This had multiple effect such as moving sovereignty to the EU and away from Parliament.

Question 15

Development of the UK Constitution - 2017:

Answer 15

After the Brexit Referendum, the European (Notification of Withdrawal) Act gave Parliamentary consent to the UK’s exit from the EU.

Question 16

What 3 features must a constitution have to be codified?

Answer 16

• It must be contained in a single document
• It must have a single source/have been created at a single moment in history even if amended
• Constitutional laws must be clearly distinguished from non-constitutional laws

Question 17

What are the strengths and weaknesses of uncodified constitutions for protecting rights?

Answer 17

+ In times of crisis, an uncodified constitution can be easily changed. For example, after the Dunblane Massacre in 1997, Parliament introduced sweeping gun regulation - compare this to the USA and the second amendment.
- This malleability can also make it very easy to negate people’s rights; governments can capitalise on populist fear to overturn certain rights. For example, after 9/11, Blair passed a law that allowed terrorists to be jailed for 90 days.

Question 18

What does ‘entrenchment’ mean?

Answer 18

Constitutional rules are well protected and dificult to change, often requiring a super-majority

Question 19

On the level of entrenchment, how is the UK different from most other democratic countries?

Answer 19

In the UK, sovereignty lies with Parliament instead of the constitution. This inhibits entrenchment as Parliament can easily change it by passing a new statute. Additionally, given that most governments have a large majority in the Commons, it is very easy to pass legislation and amend the constitution.

Question 20

Give an example of the failings of an unentrenched constitution.

Answer 20

The Fixed Term Parliament Act 2011 intended to fix a parliamentary term to 5 years. However, since 2015, there has been an election in 2017 and 2019. Ultimately, the Dissolution and Calling of Parliament Act 2022 repealed it.

Question 21

Is the UK Unitary or Federalist?

Answer 21

Neither, due to the recent devolved bodies, the UK has become quasi-federalist where some power is spread out but it is largely centred in Parliament (solely, legally speaking).

Question 22

Define legal sovereignty and give an example.

Answer 22

Where supreme legal authority lies; in 2005, Labour would have breached Article 5 of the HRA with its use of control orders if it weren’t for the Counter Terrorism Act 2005.

Question 23

Define political sovereignty and give an example.

Answer 23

The realistic ability to exercise legal power; legally, the government could abolish the HRA but that wouldn’t be realistic so they do not have the political authority to

Question 24

Define popular sovereignty and give an example.

Answer 24

Democracy is built on the will of the people being fulfilled; 78% of MPs voted to trigger Article 50 despite 80% voting to remain in the EU because the referendum showed the will of the people.

Question 25

Define pooled sovereignty and give an example.

Answer 25

When Parliament shares its legal authority with groups like the EU or NATO; pre-HRA, Parliament had to make sure its laws aligned with the ECHR.

Question 26

What are the ‘twin pillars’ of the British political system and according to who, when?

Answer 26

In the 1800s, A. V. Dicey called parliamentary sovereignty and Rule of Law the ‘twin pillars of the British political system’.

Question 27

What is Rule of Law?

Answer 27

Everyone is treated the same by the law and the Constitution is based in such laws.

Question 28

What is the importance of Rule of Law?

Answer 28

The idea of law falls apart if people are no longer willing to follow them as they feel they are being treated unfairly by them.

Question 29

What are the 5 sources of the UK Constitution?

Answer 29

- Statute Laws - Constitutional Convention - Authoritative Works - Common Law - Treaties

Question 30

What is 'common law'? What is its importance and why has it become less so?

Answer 30

Common law is largely a relic from Anglo-Saxon principle, whereby law is developed through historical usage and tradition. Its important for asserting and protecting the basic rights of citizens from encroaching governments but most common law has been replaced by statutes and the HRA (1998).

Question 31

Outline statute laws in relation to the constitution and give 3.

Answer 31

Statute laws take precedent over other sources as it is created by Acts of Parliament so has legal authority. - Human Rights Act (1998): Incorporated the ECHR into UK law - Freedom of Information Act (2000): introduced the rights of citizens to see all official documents to see non-national security official documents - Fixed Term Parliament Act (2011): attempted to have an election every 5 years, abolished in 2022

Question 32

Outline constitutional conventions and give 3.

Answer 32

It is an unwritten rule that is considered binding to all members, they make up much of the Prime Minister’s powers such as patronage and conducting foreign policy. - The Salisbury Convention: the HOL shall not block legislation that appeared in the government's most recent manifesto - Collective responsibility: all members must support the government policy or face resignation - Government formation: the King must invite the leader of the largest party in the Commons to form a government

Question 33

Outline authoritative works and give 3.

Answer 33

Key constitutional principles are often clarified by legal scholars and experts over time. Eventually, these clarifications become part of the constitution. - A. V. Dicey and Rule of Law - Blackstone and Parliamentary Sovereignty - The 'O'Donnell Rules' of 2010 and the formation of a coalition government

Question 34

Outline treaties and give 3.

Answer 34

Formal agreements with other countries, usually ratified by Parliament. - The Maastricht treaty (1992): created the European Union - The European Convention on Human Rights: bound the British and made them subject to the European Court of Human Rights, arguably losing some sovereignty. - The Paris Climate Change Accords (2015): committed the UK to cut carbon emissions

Question 35

What is the importance of treaties to the relationship between the UK and the EU?

Answer 35

Most of the relationship between the UK and the EU was defined by treaties such as the Lisbon Treaty 2009 that gave the EU full legal personality and abolished the European Community.

Question 36

What were the 4 main aims of New Labour for constitutional reform?

Answer 36

- Democritization: by removing undeomcratic institutions and processes - Decentralization: by dispersing power to smaller regions - Stronger protection of rights: by bringing the ECHR into UK law - Modernisation: by removing outdated processes

Question 37

What were New Labour's 2 intended House of Lords reforms and how successful were they?

Answer 37

1. To remove all hereditary peers; although this was compromised down to 92 out of the 753 staying, it was hugely successful and had strong effects on the workings of the HoL 2. To replace the HoL with an elected or partly-elected chamber; this was taken off the agenda after sufficent obstruction

Question 38

What act removed most hereditary peers and what was the compromise to keep 92 known as?

Answer 38

- The House of Lords Act 1999 - The Cranborne Compromise

Question 39

What was the main New Labour HoC reform concerned with? What were the 3?

Answer 39

Rebalancing the power of Parliament and Executive via departmental select committee reform. The Wright reforms included: - 2004: awarded additional salaries to the heads of DSCs - 2010: introduced a system for electing heads of DSCs - 2010: introduced the Backbench Business Committee which gave more power to MPs

Question 40

What 2 acts were the strongest rights reforms introduced by New Labour?

Answer 40

- The Human Rights Act 1998 - The Freedom of Information Act 2000

Question 41

Outline two things the Human Rights Act did.

Answer 41

Incorporated the ECHR into UK law, making all public bodies subject (except maybe Parliament) and gave courts the right to enforce it as it becomes relevant.

Question 42

How is Parliament still sovereign even with the HRA?

Answer 42

Parliament still has legal sovereignty as they have the ability to repeal it at any time (such as with Conservative promises of a 'British Bill of Rights'), though they do not have the political sovereignty.

Question 43

How was the FOIA 2000 different to similar acts in other parts of Europe?

Answer 43

It was watered-down: the security services are exempt and the government can censor any information for national security (National Police Chief's Council tells offices to hide information about use of banned surveillance technology) .

Question 44

Outline the events of the 2009 Parliamentary Expenses Scandal.

Answer 44

In 2008, the Daily Telegraph was granted a request to release the details of expenses claims made by MPs. The exposed widespread abuse of the system even led 6 MPs and 2 Peers to be sentenced to prison time and MPs like Phil Hope to pay on excess of £40,000.

Question 45

Why did New Labour originally propose electoral reform? Why did it never go through?

Answer 45

Fears of needing the LibDems to form an outright majority led Blair to absorb some of their proposals, such as electoral reform; but, by the time Lord Jenkins report recommending AV+ be used, enthusiasm had waned and New Labour had benefitted from FPTP so had no real reason to change it.

Question 46

What electoral reform did New Labour carry out?

Answer 46

Devolved bodies like the Northern Irish, Scottish, and Welsh Parliaments were all given alternative voting systems so they could be more representative of their country.

Question 47

What led to the creation of the Constitutional Reform Act 2005?

Answer 47

Growing suspicion of the relationship between the judiciary and the government during Lord Faulkner's investigation into government actions surrounding the Iraq War.

Question 48

How did the CRA seperate judiciary and government?

Answer 48

The role of the Lord Chancellor was originally highly ranking in all three branches, this percieved lack of judicial independence was ameliorated by merging the role of the Lord Chancellor with the Justice Secretary and removing the judicial aspects.

Question 49

Why did the CRA establish the Supreme Court?

Answer 49

Previously, the highest Court of Appeal was the Law Lords who were members of the House of Lords; this dual-membership of the judiciary and the legislature was seen as innappropriate.

Question 50

Why did the CRA change the way judge are appointed?

Answer 50

Given that judges were largely appointed by the PM and Lord Chancellor, there was a constant danger and fear that appointments would be made on the basis of ideology rather than qualification, which would corrupt Rule of Law.

Question 51

How did the CRA ensure the independence of judicial appointments?

Answer 51

Although the government has final say, the Judicial Appointments Comittee gives all nominations to ensure a level of qualification. Additionally, appointments to the Supreme Court, the highest court in the land, is completely independent.

Question 52

Why was the Fixed Term Parliament Act 2011 created?

Answer 52

There wer fears Parliament could easily defeat the coalition if it became divided and that the threat of calling an election could be used to bully the LibDems into submission; the Act took the ability to call an election out of the PM's hands and remove the danger of disagreement equalling destruction.

Question 53

Despite it's repeal, how has the FTPA 2011 been impactful?

Answer 53

Both times, the PM has sought the permission of Parliament to call a snap election and a general election was called 5 years after the second; this shows a convention-in-the-making whereby the PM will seek the permission of Parliament to call an election or adhere to the fie-year rule.

Question 54

Outline the Recall of MPs Act 2015. Give the fraction of MPs who have lost their seats due to recall elections, as well as the latest.

Answer 54

The Act allowed for constituencies to 'recall' an MP who had been involved in dubious actions, requiring a petition by at least 10% of constituents. - 4/6 - 2023: Conservative MP Bone was recalled due to bullying and sexual misconduct and lost his Wellingborough seat.

Question 55

What issue did the House of Lords Reform Acts of 2014/15 resolve?

Answer 55

By 2014, the Hol had grown to more than 900 members due to longer life expectancy and appointments. 2014 allowed peers to resign or retire and 2015 allowed them to be sacked.

Question 56

What Scottish and Welsh devolution have the Conservatives done since 2015?

Answer 56

Due to a surge in Scottish nationalism, strong financial autonomy was granted to Scotland, this was known as 'devo-max'. Additionally, similar levels of fiscal and legislative powers were granted to what would become the Welsh Parliament in to the Welsh Act 2017.

Question 57

Outline 'English Votes for English Laws'.

Answer 57

EVEL (2015) introduced another stage of legislation where the Speaker would determine whether a law was relevant to devolved bodies; if not, the relevant bodies would gather and vote on if it would continue down the legislative process.

Question 58

How was EVEL a success and a failure in solving the West-Lothian Question?

Answer 58

It meant that only English, and Welsh, MPs were voting for laws that only affected England and Wales. However, decisions are tied together, when the London Olympics were ruled UK-wide, it sparked a row between Westminster and devolved bodies.

Question 59

What is a Combined Authority? How many are there?

Answer 59

A Combined Authority is a region where local councils will combine resources and share services to maximise efficiency. There is currently 10.

Question 60

What act officially created Metro-mayors? What are their importance?

Answer 60

The 'Cities and Local Government Devolution Act 2015'. Over the 10 metro-regions, more than 40% of England lives under a devolved body.

Question 61

Give two schemes by combined authorities.

Answer 61

- Greater Manchester: £30mn a year housing investment fund - Tees Valley: £6mn housing delivery team

Question 62

Define 'devolution'.

Answer 62

The process of delegating powers, but not soveriegnty, to dpecific regions of the country.

Question 63

Why did devolution become so prevalent after 1997?

Answer 63

- Renewed nationalism in Wales and Scotland - The Good Friday Agreement could be cemented by devolution to Northern Ireland - New Labour was elected with a huge mandate for constitutional reform

Question 64

Why is there little devolution to England and what led to its abandonment?

Answer 64

Little demand, many see Westminster as the English Parliament as English MPs take up 533 of 650 seats and 85% of UK population, this was found when Deputy Prime Minister Prescott held a referendum in the North East in 2004 which was starkly shot down with a 78% 'no'.

Question 65

What led to the creation of the Greater London Assembly and the London Mayor?

Answer 65

In 1985, Thatcher dissolved the Greater London Council, which she saw as a powerful stronghold of socialism in the centre of British Conservatism. Blair wished to restore this, additionally creating the first ever elected Mayor in British history.

Question 66

What has Sadiq Khan done?

Answer 66

- Free school meals for all state primary school pupils - Funded 1,300 more police officers

Question 67

Why might further devolution to mayors be unnecessary?

Answer 67

People don't want it, 40% of the electorate voted in the 2024 London Mayor elections. However, Centre for Cities found that 80% of people want greater devolution to English Cities in 2021.

Question 68

What primarily 2 acts pertain to Scottish devolution?

Answer 68

- The Scotland Act 1998 - The Scotland Act 2016

Question 69

What lead to the Scotland Act of 1998? What powers did it include?

Answer 69

A referendum in Scotland asking whether they wanted a Scottish Parliament with law-making powers and whether it should be able to vary tax. The result was a 74% yes with a 60% turnout. Powers included: variation of income tax by 3% and health services.

Question 70

What lead to the creation the Scotland Act 2016? What powers did it include?

Answer 70

At the start of the century, Scottish nationalism had grown to the point that a referendum on full Scottish independence was answered by 44.3% of Scottish voters with 'yes'. To capitalise, the main parties added devolution measures to their manifesto. Powers included: wider legislative power and half of receipts from VAT in Scotland

Question 71

Why has further Scottish devolution been called for?

Answer 71

In Brexit, 62% of Scottish voter wanted to Remain in the EU. This has highlighted the difference in culture between Britain and Scotland and perhaps the only way to resolve it is independence.

Question 72

Why can one argue that Scottish Devolution is unnecesary?

Answer 72

Two reasons: the SNP the main party that calls for devolution and independence) lost 500,000 votes in 2024, possibly reflecting a loss of belief. Additionally, Thatcher argued that devolution is a road to independence and, given the majority don't want this, its unnecessary.

Question 73

What 4 acts devolved powers to Wales?

Answer 73

- The Government of Wales Act 1998 - The Government of Wales Act 2006 - The Government of Wales Act 2014 - The Government of Wales Act 2017

Question 74

Why is the existence of the Government of Wales Act 1998 peculiar? What did it do?

Answer 74

There was very little interest: the 1997 Welsh Devolution referendum has a 50.5% 'yes' vote with a 50% turnout. It only really occurred because New Labour was big on devolution generally. - It set up the Welsh National Assembly, which was given administrative power over areas like health, education, public transport, etc. but no ability to pass primary laws and no financial control.

Question 75

What events led up to the 2014 Government of Wales Act? What 3 provisions did it include?

Answer 75

The LibDems supported further decentralization and fears that the gap between the powers of Scottish and Welsh Parliament would be too wide led to the 2006 Act (gave minimal devolution) which promised a referendum in 2011 where 63.5% voted for further devolution. - A referendum in Wales on whether the Welsh government should have partial control over income tax - Welsh Government gets control over various taxes, like business taxes and stamp duty on property sales - Welsh Government gets limited power to borrow money

Question 76

Give 2 key provisions of the Government of Wales Act 2017

Answer 76

- Ability to vary income tax by 10p on the pound - Administrative and legislative responsibility for areas like energy efficency

Question 77

How is Northern Irish Devolution peculiar?

Answer 77

There was a devolved government and Parliament in NI between 1921 and '72 when it had to be shut down due to sectarian violence.

Question 78

Give 3 powers devolved to NI in the Belfast Agreement 1998

Answer 78

- Some passage of laws - Education administration - Healthcare

Question 79

When did the Parliament dissolve the NI Assembly and what does it highlight?

Answer 79

Amongst increased tensions between Loyalists and Republicans, it was dissolved from '02 to '07, highlighting the continued sovereignty of Parliament over devolved bodies.

Question 80

Give 5 differences between Scotland and England made by devolution.

Answer 80

- No uni tuition fees for Scottish students - Free prescriptions - Personal care for the elderly is free - Scotland uses a 5-band income tax system with higher taxes for middle and high income earners (75% of UK citizens support this policy) - Greater trust in legislature (Scottish people 7.5x more likely to trust Holyrood over Westminster)

Question 81

Give 4 differences between Wales and England made by devolution.

Answer 81

- No school league tables since 2001 (drop in standards of 75% of schools) - Free prescriptions for under-25s - Uni tuition fee capped at £6,000 - Right to buy was abolished in 2019 and higher tax on second homes (2/3 of the UK are in favour of this policy)

Question 82

Give 5 differences between Northern Ireland and England made by devolution.

Answer 82

- Gay marriage was not recognised till 2020 - Greater restrictions on abortions - Free prescriptions - Still have the 11+ - Control of its legal system and policing services has emphasised community-based approaches and restorative justice

Question 83

Give an argument for and against further judicial reform.

Answer 83

+ Previous acts made the judiciary more independent and willing to challenge the government (CRA), further reform could give them more power for scrutiny, such as giving them enforcement power - This would require a codified constitution and a fundamental change to the UK political system. Additionally, an unelected group should not have more power than government (A.V. Dicey - Parliamentary sovereignty)

Question 84

Give an argument for and against further devolution.

Answer 84

- It has created a sense of unfairness in the UK, with things like the West Lothian question and the English support of Scotland's free tuitions (EVEL). - Additionally, support may be limited

Question 85

Give an argument for and against further reform of the House of Lords.

Answer 85

+ Still got 92 hereditary peers (Starmer plans to get rid of them) and experts having more power could be good (Lord Sugar) - Unnecessary: they lack power due to the Parliamentary Acts 1911/49 and the Salisbury Convention, it would be bad if an unelected legislature had greater power - Failure to stop Rwanda

Question 86

Give an example and counter example for the positivity of a flexible codified constitution.

Answer 86

+ Allows quick response when needed: Gun laws were swiftly reformed after the Plymouth shooting but there are continued, difficult debates about gun laws in the US due to the 2nd amendment. - May be too easy: Rwanda scheme and the Safety of Rwanda Bill allowing override of judiciary

Question 87

Give an argument and counter argument for the positivity of executive power under an uncodified constitution.

Answer 87

+ Government represents the people of the time so should have sovereignty without the interference of past governments (AV Dicey: parliamentary sovereignty as one of two pillars of British Democracy) and allows them to respond appropriately- Blair's 90 day terrorist detentions - A codified constitution can ensure the respect of people's rights by overzealous governments and act as another system of checks and balances - stopped Bush from declaring a US citizen an 'enemy combatant' without trial under the 5th amendment