3.1- The Constitution

Question 1

How has the constitution in the UK developed

Answer 1

It has not, as many countries have, undergone radical and sudden change. IT has instead evolved gradually and since the 17th century, without dramatic breaks.

Elements of its power can be traced back more than a thousand years ago, where the crown ruled, but required the landowning nobility to commit to their views.

From the 13th century parliament developed with Nobels and other interests groups that met to advise the monarch, pass laws and give consent for taxation. IT had an upper house and elected commons. The commons increasing demand to be heard and representative aspect led to its increased power. the power began to shift towards the commons due to civil wars. By the 19th century Britain was governed on the basis of a constitutional monarch who acted on ministers advice. THEY WERE ACCOUNTABLE AS THE SUPREME LAW making body. Voting rights were extended and the commons grew more powerful.

Along with this the judiciary was understood to have a need to be independent o apolitical ideas and judges became important in their upholding of the law.

Question 2

Outline the 6 main acts of parliament, that developed the Uk constitution.

Answer 2

• The Magna Carta- 1215
  An arrangement between king John and Barrons who had rebelled due to abuses of power. Mainly nobility based- much repealed. Mainly symbolic. It stated the idea that no one should be deprived liberty or property without due process of law.

The Bill of rights- 1689-
- Passed by parliament due to the rule of James II who was driven away in the glorious revolution.. William III affirmed the rights of parliament when they accepted the throne. It included provisions for regular parliaments, free elections and freedom of speech within parliament

Act of settlement 1701-
- Motivated by a desire to exclude James II and heirs from throne. Their catholic religion was assorted with tyranny- it determined the right of parliament to determine the line of succession.

Acts of Union 1707-
United Scotland and England, who had a shared monarch since 1603, but had two separate parliaments. Combine under Westminster- basis for Uk government, until Blair

Parliament acts of 1911 and 1949-
- Reduced power of lords to interfere with commons. Provoked by lords rejecting peoples budget. 1911 affirmed that the Lords could not delay money bills. For non money bills it was limited to two years. This was then reduced in 1949.to a year

European communities act 1972
Passed by Heaths government, took Britain into the EEC. EU law is supreme- may be repealed.

Question 3

What is the nature of the UK constitution

Answer 3

It is un-codified- there is no single legal code or document in which its key ideas are gathered together, Rather it draws from a variety of sources.

It is un-entrenched, so it can be changed with relative ease. There is no special legal procedure and all laws have the same status on a legal level. For example the US amendments need a two thirds majority and three quarter state support to become law

It is unitary- ITs authority its located at the centre and run in a similar way. It has been modified through devolution.

Question 4

What three ways can parliament be said to be sovereign

Answer 4

• Legislation passed by parliament cannot be struck down by a higher body. the supreme court can interpret, but not overturn
• No parliament can bind its successor . Any law can be repealed or amended. For example in 2003 the labour government overturned section 28 of the local government act.

Parliament can make law on any subject. For example in the 1960s legalising abortion, homosexuality and abolishing the death penalty.

Question 5

What is the rule of law

Answer 5

The main way in which liberties of citizens are protected. Respect for the rule of law is important as it acts as a check on sovereignty. Under the rule of law:

• Everyone is entitled to a fair train and no one should be imprisoned without fair trial.
• All citizens should obey the law and are equal under it
• Public officials are not above the law
• The judiciary must be independent, as a body.

Question 6

What are the 5 sources of the UK constitution and examples of them

Answer 6

Statute law
- Body of Law passed by parliament. Not all are constitutional, just those that affect the nature of the political system and citizens rights.IT is underpinned with the idea of parliamentary sovereignty- the 1998 Scotland act, government of Wales act and northern Ireland act devolved the body. For example of the 1707 united Scotland. Representation of the peoples acts- 1968.

Common law
- Legal principals laid down by judges in their rulings in court cases, which provide precedents for later judgements. Important in cases where it’s not clear how law should be applied. this is seen in the idea of innocent till proven guilty- Habeas corpus- is a common law protection against unlawful imprisonment that was made a statute in 1679.Girl who was cryogenically frozen. When statute doesn’t apply. A president that is binding on lower courts. A man and woman had been divorced many years ago, she had helped build the business. HE was told to pay the upkeep of a child, but she did not know the full amount he was eating, and she demanded that the payment should be increased- he argued there was no obligation. HE had to pay back to the women- a president has been set.

Conventions-
Customs and practices that do not have legal force, but are generally accepted. Can be challenged or change- mostly aren’t. The principal established in 2003 with draw was that except in emergency, the government will not order military action without prior parliamentary approval. Understanding- if looses vote of confidence, it must hold an election. The prime minister’s roll is entirely conventional. Royal assent

Authoritative works-
Explanations of the workings of a political system, back legal guidance.Erskine May’s Parliamentary practice in 1844 and updated since explains the rules of parliamentary acts. This was seen when Bercow called upon the text saying an act “may not be brought forward again during the same session” and that it was a “strong and longstanding convention” dating back to 1604.

Treaties- including European Union law
Agreements with other Eu members which the UK governments have signed. Treaty of Maastricht transformed the European community into a union.

Question 7

What was the pressure from the labour opposition for constitutional reform and how did it develop, in the 1990s

Answer 7

Blair wanted to use reform to modernise British institutions. Old labour had started this in extended the vote to 18 year olds in 1969 and attempting to devolve Scotland and Wales in 1979. It was not its main focus. New labour was more open to the pressure of pressure groups- Such as Chapter 88 (later unlock democracy) who wanted more open democracy and guarantees of citizens rights. He thought he may need support from the Lib Dems.

Conservative governments had refused to allow for these reforms and ergo pressure started to build up- especially in Scotland. Poll tax allowed for this as well as sleaze.

Question 8

What 5 key areas did Labour reform (1997-200)

Answer 8

• House of Lords
• Electoral
• Devolution
• Human rights act
• Creation of a Supreme Court

Question 9

How did new labour reform the house of Lords

Answer 9

When labour took office the Lords were mainly hereditary.

The government ended the right fo all but 92 to hold these seats - most supported conservatives and it modernised the appearance. Most were now appointed life peers, appointed on the grounds of merit and expertise in many different fields. No party now had a majority A House of lords appointments commission nominated a proportion of peers who were not from any party, however party leaders still made nominations. It still lacks democratic legitimacy.

Question 10

What did New labour reform in the electoral sector

Answer 10

Various forms of PR are introduced, for example in the Scottish Parliament, Welsh assembles, Northern Ireland parliament and European parliament.

A report was don eon FPTP in Westminster, chaired by Roy Jenkins, no action was taken. Labour had no interest, as it benefited them.

Question 11

What did New labour reform in terms of devolution

Answer 11

Devolved bodies were created for Scotland, Wales and NI following referendums. They helped limit nationalist support and create peace and harmony. The welsh assembly had less support.

They had no answer on the West Lothian question- Scottish MPs can vote on English matters, but not vice versa. The Barnett formula also caused issues it determines relative levels of public spending, Scotland, Wales and NI were gaining more per head than the other areas- 97% of average in England compared to 121% and 116% in NI and Scotland respectively.

An North east assembly was but to public vote in 2004, but was decimated 78% to 22%

Question 12

How did the human rights act add to reforms

Answer 12

The act, that was incorporated the European court of human rights principals into state law. It protected citizens rights and all future legislation has to be compatible with the ECHR. Judges could not strike down laws, but could highlight it for amendment.

Its limitations were seen in the governments conflict with article 5, that gave people the rights to security and liberty, in cases of suspected terrorism. The introduction of control orders, which allow the authorities to limit freedom of movement of such people, highlighted the unentrenched nature of the act.

Question 13

How did the creation of the Supreme Court add to Labours reforms

Answer 13

The 2005 constitutional reform act led to the establishment of the supreme court, as the highest court of appeal- for Civil cases and (apart from in Scotland) criminal cases. Before it was the Law lords who has done this. IT was an example of separations of power. IT was a physical and subsequently metaphorical separation of power.

Question 14

Where did the 2010-15 coalition disagree in terms of house of lords and common boundary reforms.

Answer 14

Plans for a mainly democratic house of Lords was dropped after a rebellion of 91 tory MPs. The Lib Dems responded by refusing to vote for a. reduction of MPs to 600 from 650- it would have mainly benefited the conservatives. They later tried to put it through and failed

Question 15

Where did the 2010-15 coalition disagree in terms of electoral reform

Answer 15

A referendum was help in 2011, where the tories favoured FPTP and Lib Dems AV- a preferential, but not proportional voting system. 68% rejected it.

This was a major disappointment for the Lib Dems, they wanted STV, but compromised to it.

Question 16

Where did the 2010-15 coalition disagree in terms of rights

Answer 16

The conservatives wanted to replace the HRA with a bill of rights, while the Lib Dems preferred the HRA. A commission on finding a way forward failed and the conservative 2015 manifesto pledged to revisit the issue

Question 17

Where were the most significant changes in devolution seen in the 2010-15 coalition

Answer 17

Wales- A referendum in 2011 on proposals for more power in the welsh assembly was had and as a result they received direct law making power in all but 20 policy areas, Tax for example, without the need to consult Westminster.

Scotland - the Scottish Parliament gained greater power under the 2010 Scotland act, including borrow powers, income tax, landfill tax and stamp duty. A referendum on independence was even had, where 55% voted to remain- they pledged more powers in the campaign.

EVEL - they offered a solution to the West Lothian problem with EVEL. English MPs would vote on solely English matters. The measure was first used in Jan 2016

Question 18

What is the fixed term parliament act and the recall of MPS 2010-2015

Answer 18

This ended the prime ministers power to call a general election, a fixed date every five years instead. An easier contest can only be held with the support of 2 thirds of parliament or a prime minister fails to establish a new government after a 14 day period following a successful no confidence vote. IT benefited both sides of the coalition. It is quite easy to get around the Act as May showed.

2015 Recall of MPs gives voters legal means to remove scandalous MPs- if they are sentenced to a custodial sentence of is suspended form the commons for more than 21 days, if a petition in the constituency reaches 10% of the population in size an a by election is called

Question 19

How did the 2010-2015 Coalition reform the Commons

Answer 19

Reforms were recomended by Labour MP Tony Wright, which reported before the 2010 election.

The chairs of the house commons select committees were to be chosen by MPs, rather than party leaders. Backbench business committee created, to choose topics for debate. The first such debate was on justice for the 96 who died at Hillsborough

Question 20

How has devolution in England taken place

Answer 20

Local government in England has undergone reorganisation since the victorian system. At this time a two tier system was created with county and borough councils.

In the 1990s some s areas created a unitary authority- this was only the case for some authorities. London did this in a single Greater London Council authority. From 1965 six other metropolitan councils have followed- e.g south and West Yorkshire and Greater Manchester. They were abolished due to high spending in the Thatcher government

One of Blair’s objectives was to recreate democratic strategic authorities in the council. In 2000 this came as a mayor and a Greater London assembly, that saw policy in Policing, transport and economic development. For example introducing a congestion charge . BY 2015 A further 16 urban areas now have an elected mayor system.

IT also tried to extent regional decision making in unelected. regional development agencies, to promote economic development on behalf of the democratic Westminster government. An attempt create further regional assemblies lacked support- the north east referendum was rejected at 78%.

The coalition abolished Labour’s regional development agencies, but also tried to breathe life into the idea of regionalism by combining local authorities in city regions- each led by a metro mayor. Some are located in the North of England and tried to develop the northern powerhouse. - they can be seen in Manchester, Sheffield ect

Their powers vary but can include economic strategy and housing policy.

An English Parliament has been discussed, but there is little support- a cultural sense of Englishness is yet to translate into serious political demand- Evel helped stop this.

Question 21

Explain the comp and powers of the Scottish parliament a

Answer 21

The Scottish parliament was set up in 1999, is elected veery 4 years and devises and implements policy on matters devolved to Scotland. These powers are

- The budget 
Education 
Tourism
Agriculture
Economic development 
Hosuing 
Health and social services 
Police
Local government 
Justice 
Some transport 

They can vary income tax 3p above or below the rate in the UK. They have made use of their power- Scottish students do not pay fees and there is free nursing care for elderly. They also ended the right to buy council homes.

The cayman commission granted additional powers such as-
- Taxation- income, landfill and stamp duty, borrowing power, air weapons, drink driving limits

further powers were transferred in the smith commissions in taxation and welfare. Air passenger duty, licence of oil and gas and welfare. They now control 36% of expenditure in Scotland, compared to just 10% when it was set up.

Question 22

Explain the powers, functions and compositions of the scottish parliament.

Answer 22

IT dates back to 1999 and has 60mps.
It has power over 20 policy areas including,

Transport, health, planning- expect major energy, culture, education, housing

Unlike Scotland, Wales goes not have power over police and justice, as well as tax and borrowing. Since the 2011 referendum, the assembly does not need regards to the UK government.

Question 23

What are the functions, propose and powers of the Irish Assembly

Answer 23

Devolution to NI was established following the good Friday agreement. A power sharing executive, is one of the most important features. IT is quite often suspended due to issues in this, once from 2002-2007.

It consists of 90 (reduced from the original 108) mLAs and are elected by STV, that allows for the power sharing to take place.

It is headed by first minister and deputy first minister. IT has power over much policees such as,

local government, justice, housing, culture, education

There are some reserved matters that are decided by Westminster, but can legislate with the consent of the NI secretary, for example financial services, broadcasting and firearm.

Question 24

What are the arguments for and against extending devolution fighter in England

Answer 24

For-
- England is the most prosperous and heavily populated part of the UK, but it does not have a devolved body. The Barnett formula shows we receives less per person than the other parts of the UK (97% compared to NIs 121%)- a federal solution would create further equality.

EVEL makes Scottish Mps second class and weakens unity. Doesn’t solve West Lothian Q

Devolution has lead to policies to meet differing needs of different areas- this would be the same here.

There is a strong regional identity in some parts of the UK. This could be the basis of regional assemblies, that can allow for further investment

Against-
England size and wealth means it would dominate a federal structure- how would it interact with Westminster.

EVEL may have resolved it- it has been used to pass housing bill.

Most people in England see Westminster as their parliament

Blair’s proposals were debated- there was not much demand.

Question 25

WHAT ARE THE ARGUMENTS FOR AND AGAINST THE UK CONSTITUTION TO BE CODIFIED AND ENTRENCHED

Answer 25

FOr
- Codification would educate people about their rights and issues.

IT makes it impossible for amendment, it would reduce the chances of ill considered decisions passing through parliament.

IT provides stronger protections for liberties, control orders got rid of much of our rights in 2005. They can increase power through populist movements

Conditifaction means greater understanding of rights and customs- i.e. the power of the PM and hung parliaments.

Constitutional courts can asses parliament against a set of rules to increase legitimacy of political processes.

Against-
NO public demand and very difficult

No flexibility- it can’t change to the needs of a country. For example terrorism.

It puts an undue degree of power into unelected judges, who often aren’t in touch with the people. IT challenges parliamentary sovereignty.