C5 - constitution Flashcards
constitution definition
rulebook by which the country is governed
codified constitution
constitution in one document
uncodified constitution
general sense that a set of constitutional rules exist - like in UK
functions of a constitution (6)
- determine the distribution of political power
- determine the power balance between govt. and parliament
- states the limit of govt. power (UK constitution doesn’t put restrictions on parliaments power)
- sets out rights of citizens against the state
- sets out who is entitled to be a citizen
- contains within itself the rules to its own amendment
how does the UK constitution change
Parliamentary statute
evolution of conventions
stages in development of UK constitution
1215 - Magna Carta
1698 - Bill of rights
1701 - The act of settlement
1707 - The act of union
1911 - The parliament act
1917 - The parliament act
1972 - European communities act
2017 - the European (Notification of withdrawal) act -
what did 1215 magna carta do
establish rule of law
what did 1689 bill of rights do
established parliamentary sovereignty
what did the 1701 act of settlement do
established monarchs position as ruler of UK
what did 1707 act of Union do
abolished the separate Scottish parliament
what did 1911 parliament act do
HoL lost power to regulate finances and could only delay legislation for 2 years
what did 1949 parliament act do
reduced 2 year delay period to 1 year
what did 1972 European communities act do
brought UK into European community (later EU)
what did 2017 European (Notification of Withdrawal) act do
gave parliamentary consent to the UKs exit from the EU
features/nature of the UK constitution (4)
- uncodified
- not entrenchment
- sovereignty
- unitary
what does uncodified mean
- means the UK constitution isn’t contained in a single document
what does entrenchment mean
entrenchment is the principle that protects a constitution from short term reform
- UK constitution is not entrenched, as parliament is sovereign and all they have to do is pass a single act of parliament
what does sovereignty mean
-in the uk sovereignty lies with Parliament, making our constitution a unitary one
what does unitary mean
- sovereignty is in one place
in a federal constitution sovereignty is shared, often is a central body and other sub central bodies
sources of UK constitution
statute law
constitutional conventions
tradition
historical principles and authoritative work
common law
international bodies
sources of UK constitution - statute law - with examples
laws made by acts of parliament, some of which set constitutional principles. this takes precedence over other sources.
e.g. - Equal franchise act 1928 - fully equal voting rights for women
HRA 1998 - adopted ECHR
Scotland Act 1998 - Establishing Scottish parliament.
sources of UK constitution - Constitutional conventions - with examples
unwritten rules of behaviour that have come to be binding. they are deeply rooted and so rarely disputed.
e.g. - collective and individual ministerial responsibility - ministers should follow govt. line and are responsible for actions taken by their ministry
the assumption that a govt. will resign after a loss of a vote of no confidence
Salisbury convention
sources of UK constitution - tradition - with examples
-political traditions have become entrenched
- seen in the practices of HoP that have come to govern how they operate
e.g. King opens parliament by announcing govts legislative plan for upcoming year in kings speech
HoC can’t sit unless the mace is placed as a symbol of royal authority
LLoyd Russell-Moyle
2018 - Labour MP picked up the mace in HoC during proceedings in HoC protesting Brexit - meant parliament couldn’t hold debates/pass laws, until it was returned 30 secs later
sources of UK constitution - Historical principles and authoritative works - with examples
-historical principles are key constitutional points that have established over time
- most of these come from authoritative works written by constitutional theorists in order to give guidance on uncertain constitutional aspects
- they are not binding only persuasive authority
e.g. Erskine May 1844 - parliamentary practice
Example of Erskine may being used
John Bercow referenced it when he stopped T.May from holding a third vote in parliament on her Brexit deal - saying she couldn’t unless significant changes made
sources of UK constitution - common law
- legal principles passed by judges through application of law around their decisions
- judges need to determine how law applies to a particular instance. If law isn’t clear, they must use their own judgement to come to a decision on the right course of action bearing in mind legal precedent
sources of UK constitution - international treaties - with examples
e.g. NATO, Paris Agreement
constitutional reforms 1997-2010
Devolution
Parliamentary reform (HoL)
Parliamentary reform (HoC)
Human rights reform
Electoral reform
Freedom of information
City Govt. in london
reform of judiciary
why constitutional change happens
Democratisation
Decentralisation (devolution)
restoration of rights
modernisation
constitutional reforms since 2010
devolution
English devolution
reform of HoC
recall of MPs act 2015
Brexit
HoL reform
Constituent boundary reforms
electoral reform
rights
constitutional reform since 2010 - devolution
- Welsh assembly given more powers after 2011, to do with law making, after a referendum
- Scotland gained more power to set its own income tax rates in 2012. Independence ref. of 2014 was a major event, even though it didn’t lead to change, the strength of the independence movement led to further promises of devolution
constitutional reform since 2010 - English devolution
-“elected mayor” model used in London since 2000 extended to Manchester and Liverpool
-EVEL introduced - only English MPs can vote on laws affecting England. response to West Lothian question (scrapped during covid)
Fixed term parliaments act 2011 - PM used to be able to call an election whenever, within 5 years of last election. unless it was a snap election with 2/3 vote from opposition MPs. 2010-15 it did its purpose of locking LibDems in place. 2017 and 2019 elections undermined it. No longer in place.
constitutional reform since 2010 - reform of HoC
coalition saw implementation of the wright reforms
- reforms included giving the HoC more power to select the members of committees as opposed to party leaders.
- Back bench business committee created with power to force debates. e.g. on E-petition system. success as it has given a method for voicing concerns but often abused.
constitutional reform since 2010 - recall of MPs act 2015
- after 2009 expense scandal public confidence in MPs at all time low
- 2018- DUP MP for North Antrim, Ian Paisley, subject to a recall petition order after paying for a holiday to Sri Lanka with his expenses. only 9.4% of his constituents voted for a by election.
