Comp 2: Constitution Flashcards
Magna Carta Act
- 1215
- limits monarchs power
- King couldn’t raise taxes so increases rights of the people
- committees to scrutinise the monarchs actions extending parliaments power
- no one deprived or liberty or property without due process of law
Bill of rights
- 1689
- freedom of speech in parliament
- limit monarchs power
- establish parliamentary sovereignty declaration of rights signed
Act of settlement
- 1701
- parl had power to chose monarch
- monarch can’t take country to was without parl concent
- privy council - monarch discussing with MPs
Act of union
- 1707
- Scottish parl united with wales and England creating UK
Parliament act
- 1911
- power of HOL challenged
- power increased in HOC over HOL
- lords can only delay bill for 5 years
Parliament act x2
- 1949
- HOL only delay bill for 1 year
European communities act
- 1972
- European economic communities laws become British laws and took priority over statue law
- parliament no longer highest authority in Britain
EU withdrawal act
- 2018
- repeals ECA 1972
- eu law wont apply in uk
EU withdrawal act x2
- 2020
- post Brexit trade deal established December 2020
- uk no longer part of single market or subject to eu laws
Statute law
Made by parl and is most important source of constitution
- Scotland act 1998
- HRA 1998
- parliament act 1911- removing lords right to veto
Common law
Created by judicial rulings
- R v R 1991 - established principle that husbands could be guilty of raping his wife. Until this case there was no legal safeguard against rape in marriage.
Conventions
- tradition/expectations
- Salisbury convention - HOL can’t oppose legislation if it is in the winning parties manifesto
- Sewell convention
Authoritative works
- texts of profound political significance contributing to the constitution
- Walter Bagehot explained relationship between monarchy, legislature, and executive making work core in constitutional text
Treaties
Written agreement between political entities.
- parliaments acceptance of Treaty of Accession to the European Economics Community 1972. Uk constitution changed since adoption of legislation that was enacted elsewhere.
- BUT… EU withdrawal act 2020 showed how Parliament has right to make but also repeal treaties.
Blair priorities
- decentralisation
- democratisation
- transparency
- rights protection
- 179 majority
- ## weak Tory opp -
Blairs reform included…
- devolution
- HOL
- HRA
- electoral reform
- judiciary
- freedom of information act
- hoc
HOL reform
- removal of hereditary peers - 777 down to 92
- HOL Act 1999
Judicial reform
- lord chancellor can’t have authority over HOL and no longer head of court system
- no more senior judges in HOL and supreme court court
Hoc reform
- backbenchers ans select committees salaries increased
- elected by MPs
Electoral reform
- Scottish parl and Welsh assembly = AMS
- NI = STV
- LND assembly = SV
HRA reform
- created incorporating ECHR within it
- provided citizens to take issues to British courts
- 2004 Naomi Campbell involving article 8 of HRA - right to private life - breached after press coverage of her in rehab clinic and declared illegal.
Coalition aims
- electoral reform = av referendum - lost, and 42% turnout
- FTPA 2011 = (repealed in 2022) 2/3 MPs vote to call election
- Wholly elected HOL
- recall of MPs act 2015 - provided accountability
- ## hoc reform - chairs to scrutinise govt
Devolution referendums
Scottish devolution referendum 1997 - 74% yes = 60% turnout
Good Friday agreement 1998 - 71% yes = 81% turnout
Welsh devolution referendum - 50.3% yes = 50% turnout
Devolution policy examples
Legal abortion act
- 1967 in England and Scotland and wales
- 2020 in NI
Free school milk
- 5 and under in England
- 7 and under wales
Per capita funding under Barnet formula
- England = £8816
- Scot = £10,536
- wales = £9996
- NI = £10,983
Assisted dying considered in Scotland 2024
- could create asymmetry with the uk and go against
Smacking kids
- illegal in Scotland and wales but doctors say it should be in England and wales too
