Chapter 5 Constitution

Question 1

Sources of the UK Constitution - statute law

Answer 1

Statute Law - momentous Acts of Parliament that contribute to the uncodified constitution.

1. Parliament Act of 1911 which removed House of Lords’ right to veto.
2. Representation of the People Act 1928 which adopted universal suffrage.
3. Scotland Act and Wales Act 1998
4. Human Rights Act 1998
5. House of Lords Act 1999
6. CRA 2005
7. Equality Act 2010 codifies all anti-discrimination legislation into one,
8. Marriage Act 2013 legalises same-sex marriage.
9. Possible scrapping of ECHR for Bill of Rights announced June 2022 but scrapped June 2023

Question 2

Sources of the UK Constitution - common law

Answer 2

Common law - the precedent made in case law.

For example, Bushnell’s case 1670 (independence of a jury), Entick vs Carrington 1765 (legal justification for the infringement of civil liberties), R v R 1991 (husband can be found guilty of marital rape).

Question 3

Sources of the UK Constitution - conventions

Answer 3

Conventions - whilst not recognised in statute law, they are traditions which hold constitutional precedence.

2021 Matt Hancock resignation IMR, Gavin Williamson remained in office despite failings with TAG in 2020, Suella Braverman 2022 resigned for leaking documents reappointed to Home Sec 6 days later

2022 Sunak and Javid disagreement over ‘Living with Covid plan’ was resolved through CMR, Steve Barclay 2023 disagreement over Sunak refusal NHS pay increase

Lindsay Hoyle Feb 2024

Sewell Convention 2020 was continued as only a convention despite it being in the Scotland Act 2016 and Wales Act 2017, attacks on supreme court as sub judice 2022 Pritti Patel ‘do-gooder… lefty lawyers’

Lord cannot become prime minister (Alec Douglas-Home 1963), Sailsbury convention (Lords cannot vote against manifesto legislation)

Question 4

Sources of the UK Constitution - landmark decisions

Answer 4

Landmark decisions - historical events that contribute.

For example, Magna Carta 1215, The Petition of Right 1628 freedom from arbitrary imprisonment and parliament grants taxation, Bill of Rights 1689 asserts the subordination of Crown to Parliament.

Question 5

Sources of the UK Constitution - authoritative works

Answer 5

Authoritative works - small number of influential works that are said to be part of the constitution.

For example, Bagehot The English Constitution 1867 explains the relationship between the monarchy, legislature and the executive, Erskine May Parliamentary Practice 1844 - In March 2019, John Bercow used one of its principles to stop May from reintroducing a bill which is ‘the same in substance’. AV Dicey Twin pillars of parliamentary sovereignty and rule of law

Question 6

Sources of the UK Constitution - treaties

Answer 6

Treaties - European Communities Act 1972 meant that UK had to become a signatory to the Treaty of Rome and accept existing European Community law as well as subsequent laws

1998 Britain joined the Rome Statute of the ICC

April 2024 agreement with Rwandan government on the safety of refugees.

Question 7

Blair 1997-2007 development of the constitution - decentralisation

Answer 7

Decentralisation - Scotland and Wales would be given their own governments and cities and towns would be given the opportunity to elect their own mayors.

1. 1997 Scottish referendum - For Scottish Parliament 74.3% yes 25.7% no, Tax powers 63.5% yes 36.5% no 60.18% turnout
2. 1997 Welsh referendum - For Welsh parliament 50.3% yes 49.7% no turnout 50.22%
3. 1998 GLA referendum - 72% yes 28% no 35.63% turnout
4. 1998 Good Friday Agreement - 71.1% Yes 28.9% No 81.14% turnout
5. 2004 North East Assembly 22% yes 78% no 48% turnout

Question 8

Blair 1997-2007 development of the constitution - House of Lords reform

Answer 8

House of Lords reform - hereditary principle undermined the legitimacy of the House of Lords.

House of Lords Appointments Commission established in 2000. Hereditary peers reduced to 92. House of Lords reform act 1999

In 2024, Starmer axed promised to remove House of Lords but instead plans to reduce number of Lords.

House of Lords increase by over 100 members to 798 since 2000

Question 9

Blair 1997-2007 development of the constitution - electoral reform

Answer 9

Electoral reform - Tony Blair had expressed interest in reform but his large majority reduced his enthusiasm.

Still set up a commission headed by Roy Jenkins to investigate alternate systems which were then used in devolved regions.

Question 10

Blair 1997-2007 development of the constitution - human rights

Answer 10

Human rights - 1998 HRA enacted 2000 it came into force. Joining of the ICC under the Rome Statute 1998. Belmash 9 ruling said that Anti-terrorism, Crime and Security Act 2001 was incompatible, Prisoners voting 2003

2012 Theresa May refused to extradite Gary McKinnon to the US for hacking as he had Asperger’s and this would be an infringement of Article 3

Question 11

Blair 1997-2007 development of the constitution - supreme court

Answer 11

Supreme Court - Lord Chancellor was a member of the executive and the legislature.

CRA 2005 :

Wanted to fully abolish Lord Chancellor

Lord Chancellor replaced with Lord Chief Justice amendments changed the role so it was no longer head of the judiciary for England and Wales and instead managed all courts

Setting up Supreme Court and moving Law Lords from House of Lords

Appointment -
held high judicial office for a period of at least 2 years,
been a qualifying practitioner for a period of at least 15 years

Lady Rose and Lady Simler 2 female justices out of 12

Question 12

The coalition government 2010-2015 development of the constitution - Fixed term Parliaments Act 2011

Answer 12

Due to the coalition it would have been highly contentious for the coalition PM to decide the date of an election. So this Act legislated that an election must be called exactly 5 years after the last. An election is allowed if a government loses a vote of confidence or if a two-thirds majority agree to an election.

For example, 2017 and 2019. In 2022 the Act was repealed as the practical impact was not that far reaching. Early Parliament General Election Act 2019 repealed FTPA

Question 13

The coalition government 2010-2015 development of the constitution - electoral reform

Answer 13

Electoral reform - as part of the coalition deal, Cameron organised a referendum to replace FPTP with AV. However Cameron called it ‘undemocratic, obscure, unfair, and crazy’ and the electorate vote 68% to 32% in favour of retaining FPTP

Question 14

The coalition government 2010-2015 development of the constitution - parliamentary reform

Answer 14

Parliamentary reform - recommendations of the Wright Committee (2009) were :

1.PBC to give more control to MPs

2. membership of select committees were no longer decided by whips but by secret ballot
3. E-petitions introduced where 100,000 signatures likely gets amendment debated.

Question 15

The coalition government 2010-2015 development of the constitution - devolution

Answer 15

devolution - 2011 Welsh referendum voted in favour of further devolved powers. These were enacted in 2014, and in 2015 Wales was given additional tax varying powers

Scotland received the right to vary taxes by up to 10p and they could borrow £5bn

Question 16

The coalition government 2010-2015 development of the constitution - police and crime commissioners

Answer 16

Decentralisation for policing to be held accountable. Turnout is very low.

For example, Dyfed-Powys 50.6% highest, Wiltshire 16.6%

Question 17

The coalition government 2010-2015 development of the constitution - power of recall

Answer 17

MPs must be sentenced, suspended for 10 days or convicted of making false or misleading claims. 10% of constituents must sign

1. 2019, Fiona Onasanya sentenced to three-month jail term for perverting justice. 25% of registered voters demanded recall.
2. 2019, Chris Davies was convicted of making fraudulent expenses claims. 19% of registered voters signed recall.
3. Margret Ferrier 2023 30 day suspension 15% SNP
4. 2023, Peter Bone sexual misconduct. 13% of registered voters signed a recall.

Question 18

Conservative government (2015-present)

Answer 18

Cameron promise for Brexit vote.

Elected mayors by 2022 has risen to nine.

In 2016, Greater Manchester the elected mayor became responsible for £6bn social care and health.

However, Bristol Mayor 59% for abolishing on 29% turnout, EVEL in place from 2015 to 2020

Question 19

Impact of devolution - Scotland

Answer 19

Scotland - local government, voting system, housing, environment, law and order, education, health, income tax-varying of 10p to the pound

Prospect of Scottish independence meant that political leaders promised further powers - abortion laws, air passenger duty, speed limits, 2018 Scotland introduced minimum alcohol price of 50p per unit

Scotland first place to ban smoking in public places 2006, offered free university, voting age reduced to 16, 2011 medical prescriptions have been free in Scotland.

Scottish Elections Bill 2015, Gender Recognition Bill December 2023

Question 20

Impact of devolution - Wales

Answer 20

Wales - 2014 Act gave tax powers on stamp duty, 2017 Act gave Wales the right to vary income tax by 10p

2011 Welsh referendum - Do you want the Assembly now to be able to make laws on all matters in the 20 subject areas it has powers for? 63.5% Yes 36.5 No 35.6 turnout

2011 Wales first to introduce plastic bag tax, 2019 first country to declare climate emergency, 2021 £1.8bn in green investment

Senned and Elections Act 2020

Welsh generated tax was £5bn in 2018 which was a third of its spending

Question 21

Impact of devolution - Northern Ireland

Answer 21

Northern Ireland - Good Friday Agreement set up Stormont. The legislative powers are now education, agriculture, transport, policing, housing, health, environment.

From 2011 to 2016 assembly passed 67 - Human Trafficking Act 2015, Bullying in Schools Act 2016, Houses of Multiple Occupation Act 2016.

However, 2017 Martin McGuinness resigned in protest against Arlene Foster’s refusal to acknowledge Cash for Ash scandal resulting in 2017-2020 suspension, 2022-2024 Stormont suspended.

Question 22

Further House of Lords reform

Answer 22

Reforms - electable, HOLAC given statutory rights to veto inappropriate appointments

However, HoL contains experts, in disputes House of Commons prevails as it has greater legitimacy, significant number of cross benchers

Question 23

Further electoral reform

Answer 23

According to the Electoral Reform Society, the 2019 election using the d’Hondt formula would see no party gain an overall majority, PR would more effectively award seats

Question 24

Further devolution to England

Answer 24

England is the most populous nation in the Union but it lacks its own government, Barnett formula means that per capita spending in England is less than other places, some regions have their own distinct cultural identity Cornwall was given devolved powers in 2015 for investment.

Role of Police and Crime created in 2011. Three new mayor elections in 2024

However, there is little demand for devolution (North East Assembly), English parliament could challenge Westminster, turnout is low in devolved elections (46.6% in Wales)

2024 abolishment of Mayor of Bristol 59% on 29% turnout

Question 25

Codified constitution

Answer 25

Codified constitution would clarify relationship between the constituent parts of United Kingdom. For example, Gina Miller case 2017 was about whether Theresa May could negotiate Brexit without parliament. David Cameron would have been unable in a codified constitution to gamble the Brexit promise.

However, uncodified constitution gives flexibility to pass any legislation for which there is a majority. For example, response to Dunblane or Scotland’s 2024 anti-hate laws

Question 26

Individual vs collective rights

Answer 26

Geoffrey Hoon Secretary of State during 2003 ‘the biggest civil liberty of all is not to be killed by a terrorist’

1. Serious Organised Crime and Police Act 2005 - Protest outside of parliament is considerably restricted
2. Counter-Terrorism and Security Act 2015 - This Act require universities to monitor debate and deny platform to speakers who could encourage radicalisation
3. Investigatory Powers Act 2016 - increased authority for intelligence services to use electronic surveillance of private individuals
4. Police, Crime, Sentencing and Courts Act 2022 - this allows the home secretary to ban ‘unacceptable’ protests. Provides 10 years in prison for causing public nuisance

Question 27

Should the uk have a codified constitution with an entrenched bill of rights? yes

Answer 27

1. A codified constitution would represent a higher constitutional law, which would entrench the British people’s civil liberties
2. Human Rights Act 1998 can be suspended or repealed
3. The authority of the Supreme Court would be enhanced since it could refer to the higher law of the constitution
4. A codified constitution would clarify the branches of governance
5. Rights of minorities would be entrenched which is important for a multicultural society

Question 28

Should the uk have a codified constitution with an entrenched bill of rights? no

Answer 28

1. uncodified constitution provides flexibility
2. uncodified is more democratic as it puts the power in the elected legislature not the judiciary
3. Civil liberties are adequately protected by common law and by the Human Rights Act 1998 and the Equality Act 2010
4. A codified constitution reflects the social an political attitudes of those who compose it.
5. The ambiguity is an advantage due to the changing relationship between the nations of the United Kingdom