Chapter 3- The Constitution

Question 1

What is a constitution

Answer 1

A body of laws, practises that sets out the relationship between state and citizen, and relationship between state institutions

Question 2

What is the use of a constitution in a liberal democracy

Answer 2

To defend any abuse of power by the state

Question 3

What is a codified constitution

Answer 3

One where all the rules that govern the operation of the state are set out in one authoritative document

Question 4

What is an u codified constitution

Answer 4

No single source for the rules that govern the state

Question 5

What are 3 features of a codified constitution

Answer 5

Has the status of fundamental law ( superior to all other law)

Entrenched with special procedures for its amendment

Courts use the constitution to determine whether the actions of figures…
Are constitutional

Question 6

3 features of an uncodified constitution

Answer 6

Have the same status as regular laws

Not entrenched so can be amended same as ordinary laws

Because of Parl. Sov. Parliament can legislate on any area of its choosing ( no constitutional no-go areas)

Question 7

5 sources of the U.K. constitution

Answer 7

Statute law, common law, conventions, authoritative works, conventions, EU law.

Question 8

Describe stature law and examples

Answer 8

Created by Parliament- Supreme source of constitutional law in the UK (parl sov)
Scotland Act 1998, HRA 1998

Question 9

Describe common law

Answer 9

Includes legal principles discovered and applied by U.K. courts- senior judges use judicial review to est. a legal position on statute law. Case law is a legal precedent used to guide future law makers.

Royal prerogative powers

Question 10

Describe conventions

Answer 10

Rules of behaviour that have come to be accepted as legally binding (usage over large period of time that gives them authority)

Brown announced that the U.K. would not declare war without a Parl. vote

Question 11

Describe Authoritative works and examples

Answer 11

Long-established legal texts that are accepted as reference points for finding about more about what can be done under U.K. constitution. Identify core values that underpin the U.K. constitution.

Walter Bagehot’s- The English constitution
A.V Dicey- an introduction to the study of the law of the constitution

Question 12

Describe EU law

Answer 12

Treaties establishing the EU, legislation from the EU, judgements from the ECJ, all become part of British constitution
1958 treaty of Rome incorporated eu law into U.K. law

Question 13

What are the 4 principles that underpin the U.K. constitution

Answer 13

Parliamentary sovereignty
Rule of law
A unitary state
Parliamentary government with a constitutional monarchy

Question 14

Describe parliamentary sovereignty

Answer 14

• Parliament is the supreme law making body
• it can legislate on anything of its choosing
• legislation can’t be overturned by a higher authority
• no Parliament can bind its successors

Question 15

What is said about parliamentary sovereignty in practise

Answer 15

Eu membership, devolution can be seen to have undermined parliamentary sovereignty- European communities act 1972 made U.K. law subservient to EU law

Question 16

Describe the rule of law

Answer 16

• defines the relationship between the state and its citizens, enduring state action is responsible.
  3 strands: no one punished without trial, no one above the law (subj. to same justice), general principles of U.K. constitution result from judge made case law not statute.

Question 17

What is significant about the rule of law

Answer 17

Courts can hold gov. Ministers accountable for their actions if they have acted outside the law.

• Citizens can take local authority to court if they feel -that they have been treated improperly
• laws passed by parl. must be interpreted and applied by an ind. judiciary free from political influence

Question 18

Describe a unitary state

Answer 18

• subnational institutions don’t not have autonomous powers that are constitutionally safeguarded
• regional government is weak

Question 19

How is the U.K. usually described

Answer 19

Professor Vernon Bogdanor called the U.K. a “nation of nations”

Question 20

What distinguishes a union state from a unitary state

Answer 20

Unitary state: high degree of centralisation and standardisation (all parts of the state are governed the same way and share common political culture).

Union state: important cultural and political differences remain

Question 21

What are some strengths of the U.K. constitution

Answer 21

Adaptability- change without the need for special procedures
Strong gov: places political power solely in hands of Parliament (Parliament is Supreme) so gov. Can implement objectives
Accountability: because of the doctrine of Parliament sovereignty, gov. Is accountable to Parliament.

Question 22

What is one weakness of the U.K. constitution

Answer 22

Concentration of power: absence of a codified constitution mean a gov. Can pass through legislation, undermining civil liberties- Anti Terrorism Crime and Security Act 2001. An ‘elected dictatorship’.

Question 23

What is another weakness of the U.K. constitution

Answer 23

Lack of clarity- not clear where gov. Has acted unconstitutionally- Parliament controlled by government of the day is the final arbiter of the constitution. Can overturn court rulings

Question 24

Why were people pushing for constitutional reform in 1997

Answer 24

Groups like charter 88 received popular support

Question 25

What 4 themes were important to labour’s reform

Answer 25

Modernisation, democratisation, decentralisation, Rights

Question 26

How did labour’s constitutional reform enhance rights

Answer 26

Passed the HRA (1998), incorporates ECHR into U.K. law.

Passed the ‘Freedom of Infor Act’ (2000), gives greater access held by public bodies

Question 27

How did NL CR improve decentralisation

Answer 27

New, directly elected London mayors w/sig. powers in areas like environment and transport- introduction of Congestion Charge for motorists. However by 2016, only 17 such mayors nationwide

Question 28

How else did NL improve decentralisation

Answer 28

Asymmetrical dev. To Scotland, Wales and NI. Scottish Parliament given primary legislative powers across a range of policy areas, a National Assembly for Wales (with secondary leg. Powers). NI given leg. Powers over a similar range of policy areas to Scotland. These made the U.K. a quasi-federal state

Question 29

How did NL CR modernise

Answer 29

With parliamentary reform- HOL Act (1997) abolished the right of all but 92 hereditary peers in the lords.

Although there were efforts to reform the HOC, these were unspectacular. Eg Brown’s ‘Governance of Britain’ green paper that aimed at making the exec. More accountable to Parl failed.

Question 30

What CR did the Cons. do between 2010-15

Answer 30

“FTPA” (2015)- GE’s every 5 years, need 2/3 maj. To call one otherwise
-“Scotland Act” (2012)- Could borrow your to £2.2b per annum & vary taxes by 1p/£1
-“Protection of freedoms Act”(2012)- gave citizens protection from the state w/ proper scrutiny of security services/ oversight of data collection
- “HOL Ref. Act” (2014)- existing peers can retire/resign and removal because of non-attendance/ criminal offences. 54. Res by 2016
-

Question 31

What CR have the Cons. done since 2015

Answer 31

Scotland Act (2016)- given greater fiscal autonomy
Wales Act (2017)- Gave them tax raising powers (primary legislative authority)
EVEL- 2013 report by McKay commission recommended that only English MPs could vote on matters only impacting England. Used in the 2013 ‘Housing and Planning Bill’