3.1.1.1 The nature and sources of the British Constitution Flashcards
uncodified
This describes a constitution where the laws, rules and principles specifying how a state is to be governed are not gathered in a single document. Instead, they are found in a variety of sources - some written (eg. statute law) and some unwritten (e.g. convention).
codified
A single, authoritive document that sets out the laws, rules and principles by which state is governed and which protects the rights of citizens.
statue law
law derived from acts of parliament and subordinate legislation
E.g - Equality Act 2010.
common law
law derived from general customs or traditions and the decision of judges
E.g - R (Miller) v. The Prime Minister [2019]
conventions
established norms of political behaviour; rooted in past experience rather than the law
E.g - Salisbury-Addison Convention (ensures that the House of Lords does not block or significantly delay legislation promised in the governing party’s election manifesto)
authoritative opinions
refers to a handful of long established legal texts that have come to be accepted as the refernce points for those wishing to know precisely ‘who can do what’ under the uk constitution
Royal Prerogative
discretionary powers of the crown that are exercised by government ministers in the monarch’s name
E.g - power to grant or refuse passports.
Rule of law
legal theroy holding that the relationship between the state and the individual is governed by law, protecting the individual from arbitary state action
Parliamentary Sovereignty
the doctrine that parliament has absolute legal power within the state
Individual rights
the rights needed by each individual to pursue their lives and goals without interference from other individuals or the government.
Collective rights
the rights of groups to protect their interests and identities
Magna Carta (1215)
limited the power of the monarchy, established the principle that everyone, including the king, was subject to the law, and laid the foundation for individual rights and the rule of law in England.
E.g -the king could not raise tax without the consent of the people
-the right to trial by jury was guaranteed
Bill of Rights (1689)
including the supremacy of Parliament, limits on the powers of the monarchy, and protections for certain individual rights, such as free speech in parliamentary proceedings.
“elections of Members of Parliament ought to be free.”
Act of Settlement (1701)
Protestant succession to the English throne and prevented Catholic monarchs from ascending, while also asserting the independence of the judiciary.
Example: The Act of Settlement ensured that if no Protestant heirs were available, the throne would pass to the Electress Sophia of Hanover, thereby establishing the House of Hanover as the ruling dynasty.
Parliaments Acts (1911 and 1949)
limited the power of the House of Lords, particularly their ability to block legislation passed by the House of Commons, and established that the Lords could only delay, rather than veto, bills.
E.g - enabled the National Insurance act of 1911 despite H.O.L rejections
Contemporary Legislation and Current Issues Regarding Rights:
Contemporary issues could include debates over data privacy, freedom of expression, and anti-terrorism measures (such as the Investigatory Powers Act 2016, also known as the “Snooper’s Charter”).
The Equality Act 2010 aims to protect against discrimination, but issues like gender pay gaps and LGBTQ+ rights remain points of contention.
The balance between security and privacy rights (e.g., surveillance vs. individual freedom) is particularly relevant with the rise of new technologies.
Issues and Debates Around Recent Constitutional Changes:
The devolution of power to Scotland, Wales, and Northern Ireland with the establishment of devolved legislative bodies is a significant change.
Brexit (2016) and its constitutional implications, especially concerning the European Union (Withdrawal) Act 2018, raise debates on the balance of power between Westminster and devolved governments.
The Fixed-term Parliaments Act 2011 introduced a new framework for elections but has been criticized for creating political uncertainty and reducing flexibility.
Debates About the Extent of Rights in the UK
The Human Rights Act 1998 incorporated the European Convention on Human Rights into UK law, but some argue it limits parliamentary sovereignty or undermines national security, particularly in relation to anti-terrorism measures.
The right to protest and freedom of assembly have been debated in the context of anti-protest laws (e.g., Police, Crime, Sentencing and Courts Act 2022).
The extent to which the UK adheres to international human rights standards (e.g., the rights of refugees or asylum seekers) is also debated.
Devolution an example of Constitutional Changes Since 1997
Devolution: The Scotland Act 1998, Government of Wales Act 1998, and Northern Ireland Act 1998 created devolved parliaments in these regions, providing them with powers over areas like health, education, and transport, but leaving key matters like defense and foreign policy under Westminster control.
Evaluation: Consider how devolution has impacted the unity of the UK and whether it has led to a more responsive government.
Human Rights Act 1998 an example of Constitutional Changes Since 1997
Human Rights Act 1998: Incorporated the European Convention on Human Rights into UK law, allowing individuals to challenge the state’s actions in UK courts.
Evaluation: Evaluate the effectiveness of the Act in protecting rights, and whether it has been undermined by calls for a British Bill of Rights or other legislative changes.
Areas Where Individual and Collective Rights Are in Agreement
Agreement: Rights such as the right to a fair trial (individual right) and the need for an efficient judicial system (collective right) are often in harmony.
Agreement: Anti-discrimination laws, such as the Equality Act 2010, seek to protect both individual rights (e.g., right to equality) and collective societal benefits (e.g., social harmony).
Areas Where Individual and Collective Rights Are in Disagreement
Conflict: The balance between freedom of speech and hate speech laws is a clear example of conflict between individual expression and collective harm. The Police, Crime, Sentencing and Courts Act 2022 introduced measures restricting protests, raising concerns about the suppression of individual rights for the sake of public order.
