9 Marker Question Plan Constitution Flashcards
Give three historical development of the UK constitution ? 1st point agree
1st point : Magna Carta 1215
Explanation : this is when the 63 clauses stated the most important remaining to this day is the right of all free men to justice and free trial. On the one hand magna carta represent the first formal attempts to try and limits the powers of the monarch and place him/her under the rule of law. This principle of equal justice for all remains central to the Uk Judicial system.
Evidence: an example of this is the influence it has had on some recent document such as the European convention on human rights such as guarantees the right to property as a human right and protection and the American declaration of independence
Analysis: this shows how the Magna Carta has influenced government when passing the ECHR when it prioritised the property rights of citizens along with the passage of human rights act in 1988 which give the right to life, liberty, freedom and ended discrimination. This is significant as it has developed the constitutions principles
Give three historical development of the UK constitution ? 1s point counter point
1st point : on the other hand some people believe the Magna Carta importance should not be exaggerated.
Explain:As many of it terms were specific and particular to that period of history. Essentially a peace treaty and an unsuccessful that did not intend a turning point in either universal human rights or the balance of power in the realm
Evidence: only four out of 63 of its clause including the one concerning the right to justice remain un repealed today
Analysis: most importantly perhaps it was silent on the rights of ordinary subject and didn’t have a significant impact in the long term.
Overall : later document and law proved more significant in the development of British constitution
Bill of Rights 1689 2nd point to three historical developments
Point 2: Bill of right was passed in 1689 and among its key terms it mentioned parliament free election and freedom of speech within parliament otherwise known as as parliamentary privilege. Crucially the bill of rights also included the principle of no taxation without parliament agreement, taken together these clauses could be said to represent the establishment of parliamentary sovereignty
Explanation: the bill of rights its clearly significant as parliament has continued to meet every year since 1689. The bill also established the dominance of parliament over the monarchy meaning the latter would now exist only on the terms set by parliament
Examples: is parliament being sovereign over the monarch and holding the most above law of all which only Parliament possess.
Analysis: this has been strengthened by the Act of settlement 1701in which gave Protestant succession to the throne
Bill of rights 2nd counter point
Point: equally thought we should not overestimate the importance of the bill of rights. Despite its right the bill didn’t cover the rights of ordinary men and women
Explanation: this clearly show hoe Britain was far from being a democracy in 1689 and this was a parliament almost entirely composed of wealthy male landowners
European communities act 1972
Point: this measure enabled the accession of the United Kingdom to the European economic community
Explanation: this measure was undoubtedly important in the development of the British constitution. Under the terms of UK membership all legislation had to conform with European law which represented an incursion into the hallowed doctrine of parliamentary sovereignty
Examples :the introduction of the ECHR. In addition the act was added by further measures such as the the single European act 1987 and Lisbon treaty in 2007.
Analysis : As the EU grew larger in membership and greater ins cope 1972 could certainly be viewed as the staring point for the Uk often problematic relationship with Europe
European communities act 1972 counter point
Point: on the other hand although there have been many criticisms of the erosion of parliamentary sovereignty both in 1972 and subsequently event between 2016 and 2020
Explanation: the European communities act 1972 did not fundamentally change the way the UK does domestic politics and was only a temporary measure as the uk left the EU in the 2016 referendum of Brexit
Give three development of the UK constitution after 1900 1st point
Points: House of Lords act 1999 removed from the lords 92 hereditary peers and allowed for the introduction of more nominated life peers. House of Lords act 2014 give existing peers the right to reign or retire from their seats in the ores as well as enabling the removal of peers convicted of serious criminal offences or non attendance
Examples : by 2020 six peers has been removed for non attendance including Lord Lloyd Webber who also left tin 2017 and former Liberal Democrat leader Lord Steel who left in early 2020
Analysis: this significant as it the limited the powers of the unelected house and led to the increase number of un experienced members that were just part of the House of Lords due to inheritance. But it also allowed for the house of common to gain more political parties in as it was highly influenced by conservative members.
2nd point to the three developments of the UK constitution after 1900
Point 2: constitution reform act 2005 this created a separate Supreme Court which became the highest court in the land
Explanation : it replaced the law lords who was their name implies sat in the Lord. It therefore generated a greater sense of judicial independence and separation of powers
Evidence: the introduction of the JAC which made the the Supreme Court an independent body and therefore removed any influence that could affects it impartially
Analysis: even though the Supreme Court has tried to stay highly independent and impartial it still lack any representation of the people and more so over they are in the end in charged of the highest law in land so being represented should be a big priority. On the other hand only two out of twelve are women and all come from private/grammar school apart from one and lastly zero out of twelve hold an ethnic background.
Devolution 3rd point
Point 3rd : devolution was the introduced in 1900 where it devolve power in two four different segment such as NI, Scotland and Wales
Explanation: devolution has created greater democracy in the economy system such as the referendum act 1997 in which allowed referendums to be held in Scotland and wales over the creation of devolved assembly’s
Evidence: Scottish Parliament gaining primary legislative law in 2012 this gave sole responsibility to the Scottish executive for policy on issues such as education
Analysis: this is changed the the uk constitution toward a more democratic nation and created devolved powers that only remained for Westminster
Give three different way the in which the UK constitution upholds citizen rights ?
Point 1: humans right act 1988 which was incorporated by the European convention on humans right ECHR into UK law
Explanation: this enabled uk courts to take the ECHR into account when judging cases involving human rights therefore sharply reducing the number of cases referred to the European court of human rights in Strasbourg
Evidence: this act set out the right to life, liberty and freedom from any type of discrimination
Analysis: this renewed emphasis on and landmark legislation in the area of human rights has increased awareness and visibility of rights especially those of minority groups and the important role of the UK supreme court in interpreting this legislation has increased protection of citizens right
Counter point for humans right act 1988
-It could be argues that the expansion of rights has led not only to the rise of identify politic but also to a clash between individual and collective rights
-the growing role of the court in human rights cases has led to to much controversy for example when the Supreme Court rules aspects of anti-terror legislation such as freezing assets of suspected terrorist in 2010 seen as incompatible with the human rights act
