2.1 THE CONSTITUTION NEW KEY POINTS (2022) Flashcards
Define constitution
A set of rules that describe the various institutions of the state, the powers they have (and limits on those powers), and the rights of citizens.
The development of the UK Constitution
1) 1215 Magna Carta.
- Established the principle of the rule of law.
2) 1688-89 The Glorious Revolution and Bill of Rights.
- Established the sovereignty of Parliament and its supremacy over the monarch, free elections and free speech in Parliament.
3) 1701 Act of Settlement.
- Parliament has the right to determine the line of succession to the throne.
4) 1707 Acts of Union.
- United England and Scotland, with just one Parliament in Westminster.
5) 1911 and 1949 Parliament Acts.
- Limited the power of the House of Lords and so established the House of Commons as superior to the Lords. Lords cannot delay money bills.
6) 1972 European Communities Act.
- UK joined the European Union; EU law to take precedence over UK law.
7) 1998 Devolution Acts.
- Power was transferred from Westminster to governments in Wales, Scotland and Northern Ireland.
8) 1998 Human Rights Act.
- Brought the European Convention on Human Rights into UK law.
9) 2005 Constitutional Reform Act.
- The Supreme Court was established, thus confirming the independence of the judiciary.
10) 2017 The UK agrees to leave the EU.
- Following a referendum in 2016, the UK began the process of leaving the EU and so returning all national sovereignty.
11) 2021-Brexit
- the UK leaves the European Union based upon European Union (Withdrawal Agreement) Act 2020
Features of UK Constitution
a) Uncodified
- i.e. not laid down in a single document.
- There are a number of different sources.
b) Unentrenched
- i.e. it is flexible and easy to change.
c) Unitary
- i.e. legal sovereignty (supreme power) lies with Parliament (Parliamentary Sovereignty).
- US has a federal constitution, i.e. legal sovereignty is shared between the centre and regional bodies.
d) Rule of Law.
- Everyone is equal under the law and entitled to a fair trial.
- The government itself is subject to laws.
e) Parliamentary Sovereignty.
- Supreme power lies with Parliament.
- Parliament can make and unmake laws.
- NB Parliamentary sovereignty and the rule of law are often referred to as the ‘twin pillars’ of the constitution.
f) No separation of Powers
- i.e. Government is not separately elected, but comes from Parliament (unlike US).
- Therefore Parliament does not control Government.
g) Strong executive.
- PM and Cabinet are very powerful (elective dictatorship?).
h) Constitutional monarchy.
- Monarch’s powers have been given to the PM (these are called prerogative powers).
Sources of the UK Constitution
a) Statue law.
- Law passed by Parliament (e.g. Human Rights Act 1998, Wales Act 2017)
b) Conventions.
- Unwritten rules, e.g. Salisbury Convention (Lords does not delay manifesto proposals)
- IMR, CMR
c) Books (or works) of authority
- e.g. A V Dicey’s “Introduction to the Law of the Constitution” or 1689 Bill of Rights, Erskine-May on Parliamentary Procedure
d) Common law.
- Historic laws enforced by judges.
- Sometimes called ‘case law’ or ‘judge made law’, e.g. 2010 Court of Appeal ruled that the Government has to allow prisoners the right to vote.
Labour’s Constitutional reforms in UK 1997- 2010, and analysis of effectiveness
a) Devolution.
- Democratic and popular BUT didn’t go far enough?
b) Human Rights Act 1998.
- Protects civil rights, reduces elective dictatorship BUT takes too much power from UK and gives it to a European court?
c) Freedom of Information Act 2000
– improved openness of government BUT still too much secrecy.
d) New electoral systems introduced
- e.g. SV, AMS, STV….
- BUT no PR for Westminster elections.
e) Elected Mayors.
- Popular in London and some cities BUT not rolled out across all of UK.
f) Stage One of House of Lords Reform (2000).
- Removal of all but 92 hereditary peers BUT no elections to House of Lords.
g) Creation of UK Supreme Court in the Constitutional Reform Act 2005.
- Very active in promoting rights BUT are judges becoming too political?
Coalition 2010-15
a) Electoral reform rejected in AV referendum (2011)
b) Fixed term Parliaments Act 2011 – 5 years- Abolished in 2022-Power now back in hands of PM/HM The Queen
c) Further devolution to Scottish Parliament (Independence rejected in 2014)
d) Further devolution to Wales (2012) and (2017)
e) English votes for English laws (2015) Abolished 2022
f) The Recall of MPs Act (2015)
g) Lords Reform Act (2014) Allowed for members of HOL to retire
Reforms since 2015
a) Leave EU. Referendum 2016, left in 2020.Left Customs Union and Single Market 1st January 2021.
b) Further devolution to Scotland and Wales. Scotland Act 2016, more power over income tax and some benefits. 2016
Government of Wales Act. Welsh Assembly now Welsh Parliament (Senedd Cymru) Welsh Government has power to apply to UK Parliament for additional powers (e.g. over tax)
c) Devolution to city regions. Powers given to elected mayors e.g. Manchester, Liverpool, West Midlands and West Yorkshire.
d) Possible withdrawal from European Convention of Human Rights, 2023-2024 over Rwanda Asylum Policy
e) Giving fiscal powers to city wide mayors, March 2023
f) New Mayor for North East with money and powers to level up region. 2023
Definition of Devolution
a) Transfer of power (NOT SOVEREIGNTY – this is federalism) from central government to regional authorities.
b) It is a process not an event ie is ongoing. In UK it is asymmetrical ie all 3 regions have different powers.
c) In UK devolved powers have come through referendums, so even though in theory UK Parliament could reverse devolution, in practice it would need another referendum to remove to do this.
d) Three types of devolution:
i. Administrative: running services such as health, education, transport
ii. Legislative: making laws (Wales does not have this power yet)
iii. Financial: power to levy taxes and spend the money raised (only Scotland has this atm)
How Devolution has developed
a) In England
- Devolution to English regions. Blair created London Mayor plus Greater London Assembly. The coalition introduced elected mayors in some city regions with power over policing transport and housing.
- English Votes for English Laws. Only English MPs take part when English-only matters are being discussed in Parliament. Some have also called for an English Parliament, but little public support for this.
How Devolution has developed
b) Scottish Devolution
The Scottish Parliament and government (currently SNP government, led by Nicola Sturgeon) have powers such as:
* Power over the health service and education
* Control over a range of welfare services including housing and disability
* Control of half the receipts from VAT collected in Scotland
* After the Smith Commission, Scotland got full control over income tax rates and money received from income tax.
How Devolution has developed
c) Welsh Devolution
The Welsh Assembly and government have powers such as:
* Power over the health service, education and agriculture
* Some control over taxes, including business tax and stamp duty on property sales
* Power to borrow money on open markets to fund infrastructure projects such as roads and hospitals
How Devolution has developed
d) Northern Ireland Devolution
The Northern Ireland Assembly and government have powers such as:
* Power to pass laws not reserved to Westminster
* Power over education administration and healthcare
* Power over policing and law courts
* The Assembly has been suspended from time to time since the Good Friday Agreement because of a breakdown of trust between Unionists and Republican groups.
Evaluating Devolution
Positive Aspects
a) The United Kingdom has not broken up. A key objective of devolution was to head off nationalist tendencies
b) Peace has largely held in Northern Ireland, although the political arrangements remain fragile
c) There remains widespread public support in all three countries for devolution
d) No serious proposals have been made to reverse it.
e) It has made some decisive differences e.g. i) Scotland has no tuition fees ii) Northern Ireland policing has maintained peace on the whole iii) Welsh agriculture has been well protected iv) Social care is free in Scotland v) The Welsh health service is improving after several years of decline.
Evaluating Devolution
Negative Aspects
a) Scottish nationalism is endangering the United Kingdom, especially after the UK voted to leave the EU
b) Turnouts in elections to devolved assemblies have been low, suggesting some political apathy
c) The introduction of proportional representation systems has inhibited decisive government in the three countries. (often coalitions)
d) The three countries still have to receive a subsidy from the UK Treasury (the Barnett formula) to maintain their services, in other words they are not yet fully self-supporting
Should devolution be extended within England?
a) Unfair to England that there is no devolution. Under the 1978 Barnett formula England receives less money per person than the rest of UK. Unequal. BUT UK already the wealthiest region.
b) EVEL makes Scottish MPs second class representatives in Westminster BUT partially solves the West Lothian question.
c) Devolution works in rest of UK, why not in England. Principle of subsidiarity (power should lie at the lowest possible level) BUT unnecessary? – most English people see Westminster as their Parliament.
d) Regional Assemblies might be popular in some parts of UK? eg Cornwall with a strong local identity BUT Blair’s proposals for these in 2004 were defeated – no popular support for this.
