Chapter 1: British Constitution Flashcards
What is the definition of a constitution
A set of most important rules about the structure and powers of government and of people’s most basic freedom and rights
What is the function/purpose of a constitution
lays out the functions and limitations of the seperation of powers
What are the 6 characteristics of the UK constitution
- Unitary
- Parliamentary sovereignty/supremacy
- Uncodified constitution
- Monarchial
- Flexible
- Seperation of powers
What are the 2 sources of the UK constitution
Legal sources
Non-legal sources
What are legal and non-legal sources of the UK constitution
Legal sources
* Acts of parliament
* common law
Non-legal sources
* constitutional conventions
* royal prerogative
What are constitutional conventions
Unposken rules - Cabinet Manual description of the UK constitutional conventions is that they are regarded as binding in operation, but not in law
What are royal prerogatives
unwritten powers of the Crown, that are exercised in different areas of the government. Also used by the PM on queen’s behalf (executives)
What are the 5 most important statutory sources that build the constitution and other statutes
- Magna Carta 1215
- Petition of rights 1628
- Bill of Rights 1689
- The Act of Settlement 1700
- The Treaty of Union with Scotland 1707
- Other statutes
* Human Rights Act 1998
* Succession to the Crown Act 2013
* Fixed-term Parliament Act 2011
What is the royal succession
The royal succession was governed by the primogeniture rule which dates back to the Act of Settlement 1700
* Given preference for male heirs over females (even if not first born)
What were the reforms/developments of the royal succession
- Changes were brought into effect in The Succession to the Crown act 2013 which changes the primogeniture rules
1. removed both male preferences primogeniture
2. removed the bar on heir to the throne marrying a Roman Catholic
3. Amended the law on the monarch’s consent for royal marriages
What are some common law sources of the UK constitution
The Crown and Judiciary
1. The Act of Settlement 1700 curtailed (restricted/lessened) the powers of the monarch and provided for security of tenure (solidified position) for judges
2. Judiciary has no power to question validity of statute/Act of Parliament
3. Parliament has many privileges and immunities
The State and Individuals
1. The Human Rights Act 1998 has substancial impact on a citizen’s rights in enforcing fundamental rights and freedom under the European Convention on Human Rights
2. Important way to check the abuse of power is the Queen’s Bench of the High Court exercises supervisory jurisdiction over, inter alia, executive action
3. Section 3 of HRA 1998 states as far as possible, primary legislation and subordinate legislation has to be read and given effect in a way that is compatible with Convention right - R v A (2001) HL
4. ‘Principle of legality’ means that an Act of Parliament will not be interpreted a depriving people of common law rights except by clearest words - Pierson v Secretary of State for Home Department (1988) AC 539
5. R v Secretary for Home Department Ex Parte Simms and O’Brien (1999)
Lord Hoffman stated that Parliament can legislate contrary to fundamental principles of human rights
Human Rights Act 1998 does not detract from this power
Principle of Legality means that fundamental rights can’t be overridden by general or ambiguous words
What are the arguments for codification of the UK constitution
- Parliamentary sovereignty is a result created by the absence of a written constitution which causes arbitrariness
- The absence of a written constitution results in no legally enforceable constitutional limits which binds ‘elective dictatorship’
- Would serve as a check and balance mechanism over the potential arbitrariness by Parliament
- Written constitution would better educate citizens about their rights as they just need to refer to the constitution
- The stand on the use of royal prerogatives, the monarchy, and the convention of ministerial responsibility, and the footing on which conventions stand in general has been yet to be properly clarified
- Lord Carnwarth stated that the safeguard of judicial review is essential if the rule of law is to be maintained
What are the arguments against codification of the UK constitution
- No need for a written constitution as HRA is arguably a model form of a Bill of Rights
- Codifying a constitution would take up too much time and money
- Britain has never been colonised & has never been subject of alien rule since 1066
- Britain’s uncodified constitution has proven its stability & its responsible government, despite two World Wars
- Would inevitably draw the judiciary into the political arena
- All constitutions leave important things unsaid, codifying it would ‘freeze’ these rules and practices and would limit its flexibility and potential to grow
- Stays flexible
What are the 5 constitutional reforms and politcal backgrounds to date
- The European Union Referendum Act 2015 Brexit
- Further Developments to Brexit (change in premiership and election held on 12 December 2019)
- Boris Johnson Resigns as Prime Minister 7 July 2022
- The Political Scenario till 4 July 2024
- The July 2024 Election Results
Who played are the 2 people that played roles in Brexit
David Cameron & Theresa May