1 - The nature and sources of the british constitution Flashcards
What is the 4 natures of the Uk constitution
Uncodified
Unitary
Rule of Law
Parliamentary sovereignty
Significance of the constitution being uncodified with an example
Makes it easier to adapt eg simply acts of parliament
significance of a unitary state
Any power given to the regions is delegated, not permanent
Significance of the Rule Of Law and an example
can lead to government having to reverse an action eg, in 2019 Boris Johnson was found by the courts to of acted illegally by proroguing parliament
Significance of parliamentary sovereignty
No parliament can bind their successor, meaning the constitution can change over time
What does “Micro-codified” mean and an example
parts of the constitution is written, eg. The equality act 2010 brought together the equal pay act 1970 and the disability discrimination act 1995
What are the 5 sources of the UK’s constitution
Statute law
Works of authority
International treaties
Conventions
Common law
Definition of statute law and an example
Acts of parliament that affect and alter the british constitution, also sets the rules on human rights. eg, the human rights act 1998
Significance of statute law
British constitution remains flexible, with the trend being expanding and protecting democracy and rights
definition of Common law and an example
Laws passed down over the years by judges, represents judicial precedence.
Eg Magna carta
Significance of common law
Doesn’t have precedence over statute law and can be changed by it
Definition of royal prerogative and an example
The powers of the monarch are transferred to the pm, eg, technically the armed forces are ran by the monarch but the orders come from the governemnt
Significance of the royal prerogative and an example
can be limited by acts of parliament, eg fixed-term parliament act 2011
definition and example of conventions
Unwritten traditions that ensure government run more smoothly, eg , the 1945 Salisbury- Addison convention whereby the lords agreed to not stop policy on a party’s manifesto
Significance of conventions and examples
Normally work well, eg allowed David Cameron to form a coalition government.
Conventions aren’t protected by anything eg, the lords rejected the 1909 people’s budget
definition of works of authority and an example
the writing and books of constitutional experts that clarify it eg, Walter Bagehot’s the english constitution and recently the cabinet manual (2010)
definition of international treaties and conventions and an example
Treaties or agreements the uk has signed up to, eg , the ECHR
Significance of international treaties and conventions
All laws must comply with them, eg The rwanda deal (2022) was stopped by the ECHR
What is the magna carta
1215
Agreement that the king was under the law
Right to a fair trial
Significance to the magna carta
Seen as a landmark document in the development of human rights
What is the Bill Of rights
1689
Agreement between king and parliament
created Parliamentary privilege
Principle of no tax raises without parliaments agreement
Created parliamentary sovereignty
What is parliamentary privilege and an example
The right of MP’s for free speech within Westminster, EG, in july 2021 an Colum Eastwood used it to name “Soldier F” a soldier accused of involvement in the bloody sunday shootings in NI
What is the act of settlement
1701
Only protestants could become the king
Asserted parliaments dominant position
Established the view the monarch existed on parliaments terms
Parliament acts
1911 - Removed the Lords ability to veto bill to only 2 years
1949 - Reduced the delay to 1 year
European communities act
1972
Made the uk join the European union
How does Brexit show parliamentary sovereignty
A government in 2016 can overturn a law what a 1972 parliament made
Recent developments since 1997 of the constitution
The data prevention act 1998
House of lords act 1999
Fixed-term Parliaments act 2010
Freedom of information act 2000
The european union withdrawal act 2018
definition of the freedom of information act 2000
Requires public bodies to publish certain information about their activates, and allow members of public to request the information.
Significance of the freedom of information act 2000
Designed to promote openness and transparency to bodies that get taxpayers money. Was meant to boost public trust in these organisations
Strengths of the freedom of information act 2000
it allows pressure groups to find examples of waste or inefficiency
Allows public scrutiny of policy and how they work in practice eg, In 2006 there was a highly publicised knife amnesty, an FOI request showed that it had minimal damage on knife crime
An important tool for journalists eg, The act played a role in uncovering mp’s expenses scandal in 2009
Weaknesses of the Freedom of information act 2000
Public bodies can reject a request for a variety of reasons because of national security, cost or because it was deemed “Vexatious”
In 2020 around 50% of requests were denied
Often the cases were denied because it would release information about an individual, which can lead to a conflict between a right of an individual or the public to gain access to information about public officials
Definition of the Fixed-Term parliaments act 2011
Passed following the coalition government in 2010
Weakened the power of the PM to call snap elections
Parliaments need a super majority to call an early election
Was due to be repealed in 2021 following the conservatives manifesto
Strengths of the Fixed-term Parliaments act
Allowed the coalition government to work in a stable and effective manner for 5 years
Is fairer on the junior member of the coalition as they would normally have no say when calling another election
Weaknesses of the Fixed-Terms parliament act
The act was only passed due to the circumstances, normally this act would of never happened
It failed to protect the Lib Dems who fell from 57 Mp’s to 9 in 2015
Johnson got around the act in 2019 ad called an early election by a voe of 438 to 20 in 2019
The british constitution protects citizens rights well
Overtime more laws preventing discrimination and more rights have been defended , such as the right to info from public bodies
Codification would not enhance awareness of individual collective rights
Large number of people and pressure groups use the courts to assert their rights and demand info from public bodies
The electorate is unlikely to vote for MP’s that take away their rights
The british constitution protects citizens rights poorly
Many laws have loopholes and can not work EG, the 2018 furore over unequal pay for female journalists at the bbc
Because of parliamentary sovereignty no rights are entrenched
Parliament could repeal or change laws and citizens couldn’t stop this
With brexit the double lock of the ECHR will be lost
Examples of individual rights
The right to privacy
The right to free speech and opinions
The right to not be discriminated against
When might collective rights clash with the individual right to free speech
The collective right of people of a group such as muslims to be subjected to hate speech
When might collective rights clash with the individual right to Privacy
People having their phone calls monitored in involvements such as terrorism
When might collective rights clash with the individual right to be covid vaccinated
People who are classed as vulnerable to be protected form Covid-19
