1 the constitution 1.1 Flashcards
what is a constitution?
determines where power is located within a nation.
establishes extent of the governments authority.
what is a codified constitution?
it is contained in one single document entrenched and is superior to all other law.
what is uncodified constitution?
it derives from a variety of sources and does not represent a higher law.
magna carta act 1215
barons placed limits on the power of monarchy
established that the crown is not above law i
introduced the right to free trial.
bill of rights 1689
Stuart King James 2 was overthrown as he tried to establish an Absolut monarchy.
bill summoned free elections no taxation without consent of the parliment and parliament freedom of speech so basically parliament was given full power.
act of settlement 1701
this act confirmed that parliment was over the crown
and had the authority to determine the succession to the throne
also confirmed judicial independence.
Act of union 1707
it united the parliament of scotland with that of England and Wales this created the United kingdom. Scottish law was preserved.
parliament act 1911 and 1949
house of commons is more powerful than the house of lords
European commission act 1972
Britain joined the EU
EU law takes precedence over UK law.
devolution 1997
result of the referendum scotland and wales established their own governments.
brexit 2016
parliament now has power as UK will make laws again.
what is the nature of the uk constitution?
list the three Us
unentrenched
uncodified
unitary
“twin pillars” of parliamentary sovereignty and the rule of law.
what is unentrenched?
it means something that can change easily
like the UK constitution by a simple act of parliament or even a shift in convention.
why is the UKs constitution uncodified
means that it is not written down in one document and is made up of multiple sources.
why is the UK Constitution unitary?
because all power is centralised or lies in the Parliament in Westminster.
what is parliamentary sovereignty?
it declares that parliament is the supreme law-making body and that power lies in parliament.
what are the five main sources of the UK constitution?
statue law
common law
conventions
authoritative works
treaties
explain and give examples of the sources starting with
statue law
momentous acts of parliament contributes to the UK’s uncodified constitution.
eg. Parliament Act 19911-1949 which removed the Hol right of veto[changes where power lies]
common law
judgements made by judges in important legal cases.
sets procedures to be followed in future cases
e.g. Bushell case [1670
gave the jury some power.
conventions
the accustomed way of doing things force of tradition.
e.g. Sir Alex Douglas
sailsbury convention(Hol will not oppose legislation from a government manifesto)
landmark decisions
they are historical events that also contribute to our constitution.
e.g. Magna Carta 1215 recognised limits can be placed on the crown,
authoritative works
influential pieces of writing
e.g. Av dicey twin pillars of parliamentary sovereignty and rule of law.
gus o donnel coalition gov
Treaties
can change the location of power in the uk and how law is made.
e.g. the European Communities Act of 1972 uk accepted eu law.
Since 1997 there have been many reforms to the constitution. explain them starting with
devolution
referendums in 1197 led to creation of swcottish welsh nothern ireland assembleys and parliments was also a mayor of london.
greater self determination and policies met the demand of scotlanfd wales and Nl
regional assemblies were abandoned
Hol reform
all but 92 hereditary peers were removed
eneded conservative majority in HOL made HOL modern with life and expertise peers.
Hol still is not legitimate democratically stage 2 never happend
bali appointed 372 life peers.
Electoral reform
forms pof prioportional representation were used in elections for the Scottish parliment and Welsh assembly
greater voter choice and fairer outcomes in devolved areas
labor were benifiting from fptp so lost enthusiasm for reform.
human right act 1998
incoperated European commission on human rights into uk statute law.
right to fair trial respect for privacy and family life.
talk about david camerons insignificant constitutional reforms starting with. 2010-2015
fixed parliments act 2011
The 2011 Fixed Term Parliaments Act set five-year periods between general elections.
The Act took away the power of the prime minister to call a general election whenever they wished.
downside elections can still be called if 2 third of MPs voted so. and if the government lost a vote of confidence. (may and Johnson did it in 4 years.
Electoral reform 2010-15 changes
camerons government called for a 2011 referendum on replacing fptp with the alternative vote.
68% said no
42% turnout
parliamentary reform 2010-15
increased influence of backbench MPs by adopting the wright comitee recommendations.
backbench buisness committees select committee chairs elected by MPs not chosen by whips,
introduced e-petitions.
big success on Cameron’s legacy.
Devolution 2010-15
committed to further decentralisation
The Government of Wales Act 2014 extended lawmaking powers to the Welsh Assembly.
the referendum in Wales increaed power over income tax and further power devolved to Scotland as well after 2014 referendum they got to control other taxes.
reform since 2015
recall of mps
Recall of MPs
The 2015 Recall of MPs Act gave constituencies the power to recall any MP who had acted inappropriately or misbehaved.
For an MP to be recalled, over 10% of constituents need to support a petition in favour of it.
reform since 2015
devolution outside london
Devolution outside London
From 2015 the Conservative government gave more powers to larger cities.
The government granted cities with financial independence by enabling them to keep revenue from business rates so they could fund local projects and policies.
In 2016 Manchester was given the power to control its own budget for social care and for healthcare which had previously been controlled by central authorities.
what devolution has happened in england
there has been a decentralization of power and regions and also cities are receiving devolution.
Decentralization of powers to cities
Devolution of powers to cities is a form of devolution in England.
These powers include granting some city mayors with more financial powers and control over their own city budget.
Devolution deals have involved Manchester, Cornwall, Liverpool,
scotland act 2012
it further increased Holyrood power
including
varying the rate of income tax by 10p in the pound
providing the Scottish government with the authority to borrow up to 5 billon pounds,
2014 Scottish referendum
2014 referendum on whether to leave or stay in England.
55.3 percent no 44.7 percent yes 84.6 percent turnout.
when it looked likely they would leave Cameron and clegg promised further powers called ‘DEVO MAX’
2016 scotland act
The 2016 Scotland Act was Scotland’s second stage of devolution and was a result of the wish among Scottish citizens the smith comission for a greater devolution of powers.
The wish for more devolution was clear following the Scottish independence referendum in 2014, which despite voting against independence showed people wanted more devolution.
power included
determining abortion laws, speed limit, and .deciding air passenger duty.
goverment of wales act 1998
The Act established a Welsh National Assembly which would have an executive drawn from it to be led by the first minister.
not granted any primary legislative powers it was simply given administrative powers.
The areas which the Welsh government were granted powers to run included health, public transport, education, local authority service and agriculture.
2011 wales referendum
there was an independence referendum majority said no but the election turnout was 30 percent.
2014 government of wales act
the 2014 Government of Wales Act devolved more significant powers.
The Act gave powers to the Welsh government over stamp duty and business taxes.
The Act stated a referendum would be held to decide whether Wales could have some control over the income tax of its citizens.
In 2015 the Welsh government was granted powers over income tax up to £3 billion per year without a referendum taking place.
wales act 2017
it gave them the right to vary income tax by up to 10p in the pound.
gave them legislative powers over electoral arrangements transport and energy.
northen ireland devolution
good friday agreement 1998
Good Friday Agreement
The 1998 Good Friday Agreement restored devolved powers to Northern Ireland.
The 1998 agreement established an assembly which was to be elected using proportional representation (PR).
PR was used so that all sections of Northern Ireland’s society would be represented.
All major parties in Northern Ireland were guaranteed ministerial positions because the executive in Northern Ireland was based on power sharing
northen ireland powers devolved
and dissolved parliment 2002-07
Powers devolved
Powers were devolved over healthcare, transport, agriculture, policing and education.
granted the power to pass laws
Dissolved parliament
dissolved in 2002 following tensions between the Loyalist and Republican communities.
The Assembly was re-opened in 2007.
what is devolution?
devolution is when power is transferred from the Westminister to other parliaments and assemblies
should uk constitution be codified
yes
civil liberties can be fully protected without parliament overriding the act
un-codified constitution can be potentially undemocratic as there is no clear limit on gov power
constitution too flexible allowing arbitrary government
should the uk constitiution be codified
no
the uncodified constitution has protected civil liberties as changes can be made to update liberties.
the uncodified constitution can prove to be democratic
referendums can let people decide on major decisions
flexible constitution allows for quick adaptation to social changes
