Component 2 - The Constitution Flashcards
What is statute law?
A parliamentary bill that has been approved by both Houses of Parliament and then given Royal assent. There is no greater authority than statute law.
Examples include the Human Rights Act 1998 and the Equality Act 2010.
What is common law?
Refers to the judgement made by judges in important legal cases. Common law cases set precedents to be followed in future cases. Sometimes referred to as ‘judge-made law’.
Examples include Somerset v Stewart (1772) and R v R (1991).
What are conventions?
Represents the accustomed way that political activity is carried out. Conventions are not legally binding. Their constitutional significance derives from tradition.
A member of the House of Lords cannot become PM.
Other examples include the Salisbury convention.
What are landmark decisions?
Historical events that contribute towards the convention.
Magna Carta 1215
Bill of Rights 1689
What is authoritative work?
Texts of such profound and enduring significance that they contribute to the constitution
works by Walter Bagehot in The English Constitution 1885.
What are treaties?
A written agreement between two or more political entities. Following parliamentary acceptance of the Treaty of Accession to the European Economic Community in 1972, the UK’s constitution has been radically changed since parliament agreed to adopt legislation that had been enacted elsewhere.
Treaty of Rome
EU 2020 Withdrawal
What are some historical documents that contribute to the UK constitution?
Examples include the Magna Carta 1215, Bill of Rights 1689, and works by Walter Bagehot in The English Constitution 1885.
What is a codified constitution? Give example.
A codified constitution is a single document which is superior to all other law.
Pros: Clarification at the highest level. Cons: Hard to change/entrenched.
What is an uncodified constitution? Give example.
An uncodified constitution derives from multiple sources and isn’t considered higher law.
Pros: More flexible so can change for the circumstances, amendments can be more easily made. Cons: Open to interpretation, hard to determine a ‘correct law’.
The Blair Government (1997-2007)
Overview:
- Progressive Labour leader
- Majority of 179 seats with a Conservative opposition suffering their biggest loss since 1832
- Thought the British constitution was urgently in need of reform (unengaged, unaccountable, centralised)
- New Labour wanted to reinvent democracy through constitutional reforms
Constitutional Reform programmes of the Blair Government?
- Decentralisation
- Democratisation
- Transparency
- Rights protection
Constitutional Changes under the Blair Government:
Decentralisation
- Change the centralisation of power around Westminster
- Scotland and Wales would be offered their own elected Governments
- Cities and towns would be given an opportunity to elect a mayor
Constitutional Changes under the Blair Government:
Democratisation
- The puppet should be given more influence over decisions
- The use of referendums on important constitutional issues
- The House of Lords would be reformed to create a greater democracy
Constitutional Changes under the Blair Government:
Transparency
- To encourage greater trust in the government, the role of senior judiciary would be reformed
- Freedom of information act in 2000 would also open up governments to be more accountable
Constitutional Changes under the Blair Government:
Rights protection
- British citizens human rights were not protected by a codified constitution the government committed to incorporate the European convention of human rights into British law
- This meant the judiciary would have a new important statute protecting and advancing the public’s civil liberty
