1. The Constitution Flashcards
What are the key historical documents that shaped the UK Constitution?
- Magna Carta (1215): Limited royal power and established the rule of law.
- Bill of Rights (1689): Affirmed parliamentary sovereignty and limited monarchical power.
- Act of Settlement (1701): Secured Protestant succession to the throne.
- Acts of Union (1707): United England and Scotland under one Parliament.
- Parliament Acts (1911 and 1949): Limited the power of the House of Lords.
What are the key characteristics of the UK Constitution?
- Unentrenched: Can be changed easily by an Act of Parliament.
- Uncodified: Not written in a single document.
- Unitary: Power is centralised in Parliament.
- Twin pillars: Parliamentary sovereignty and the rule of law.
What are the five main sources of the UK Constitution?
- Statute law: Laws passed by Parliament (e.g., Human Rights Act 1998).
- Common law: Legal principles developed by judges (e.g., royal prerogative).
- Conventions: Unwritten traditions (e.g., collective ministerial responsibility).
- Authoritative works: Texts by experts (e.g., Bagehot’s The English Constitution).
- Treaties: International agreements (e.g., EU membership pre-Brexit).
What were the key constitutional reforms under Labour (1997–2010)?
- House of Lords reforms: Removed most hereditary peers.
- Electoral reform: Introduced proportional representation for devolved bodies.
- Devolution: Created Scottish Parliament, Welsh Assembly, and Northern Ireland Assembly.
- Human Rights Act 1998: Incorporated the European Convention on Human Rights into UK law.
- Supreme Court: Established in 2009, replacing the Law Lords.
What were the key constitutional reforms under the Coalition (2010–2015)?
- Fixed Term Parliaments Act 2011: Set general elections every 5 years.
- Further devolution to Wales: Granted more powers to the Welsh Assembly.
What major constitutional reforms have occurred since 2015?
- Further devolution to Scotland: Following the 2014 Scottish Referendum, the Scotland Act 2016 granted more powers.
- Wales Act 2017: Further devolved powers to Wales.
- Brexit: Withdrawal from the EU (2016–2020) impacted constitutional arrangements.
What is devolution like in England?
- Limited devolution: City mayors and combined authorities (e.g., Greater Manchester).
- No English Parliament: Unlike Scotland, Wales, and Northern Ireland.
What are the powers of the Scottish Parliament and Government?
- Devolved powers: Education, health, transport, and some tax-varying powers.
- Reserved matters: Defence, foreign policy, and immigration remain with Westminster.
What are the powers of the Welsh Assembly and Government?
- Devolved powers: Health, education, and local government.
- Limited tax powers: Can vary income tax since 2018.
What are the powers of the Northern Ireland Assembly and Executive?
- Devolved powers: Health, education, and justice.
- Power-sharing: Required due to the Good Friday Agreement (1998).
Should reforms since 1997 be taken further?
Yes: Codify the Constitution, abolish the House of Lords, or introduce proportional representation.
No: Current system is flexible and works well.
Should devolution be extended in England?
Yes: Create an English Parliament to address the West Lothian Question.
No: Risk of creating more bureaucracy and undermining the Union.
Should the UK Constitution be changed to be codified?
Yes: Would provide clarity and limit government power.
No: Current flexibility allows for adaptation to changing circumstances.
What is parliamentary sovereignty?
Parliament is the supreme legal authority in the UK, and no body can override its laws.
What is the rule of law?
Everyone is subject to the law, including the government, and laws must be applied equally.
What is the West Lothian Question?
The issue of Scottish MPs voting on English matters while English MPs have no say on devolved Scottish issues.
