Constitution

Question 1

What is a constitution?

Answer 1

A Constitution is a set of principles that outline the main features of a political system. These normally include:
* The distribution of power within the system, including the relationship between the Executive (the Government) and the Legislature (Parliament)
* The nature of the system i.e. unitary or federal
* The rules that govern the operation of the institutions of the system
* The limits on the powers of the institutions within the system
* A statement of the rights of citizens (a Bill of Rights)
* A procedure for a constitutional amendment

Question 2

What is a Codified Constitution?

Answer 2

A Codified Constitution is a constitution that is written down in a single document. This document is normally entrentched. Codified Documents have the benefit of being clear and assist in event of a dispute about the workings of the system.

Question 3

What is an Uncodified Constitution?

Answer 3

A constitution that doesn’t exist in a single document.
They exist over a range of sources, some written, some not

Question 4

What is an entrenched constitution?

Answer 4

Codified Constitutions are normally entrenched.
Entrenchment means that there is an extraordinary procedure for changing the political system, different from that used when passing an ordinary law.

Question 5

What are the benefits and problems of entrenchment?

Answer 5

Advantages:
- Helps to protect the stability
- Laws are easier to protect
- Gives people something to get behind as it is permanent.
- Any change needs cross-party support. This means everyone has to get behind it.

Disadvantages:
- Hard to update out-of-date laws - times change
- Can’t change arms law as second amendment states right to bear arms.
- Lack of specificity can cause confusion.
- Minorities are unable to get their rights in the constitution
- The person proposing the change can get shut down purely based on who they are.
- Hurdles are too difficult to clear

Question 6

What is a Flexible Constitution:

Answer 6

The UK has a flexible constitution.

The Constitution can be changed through a simple act of parliament.

Question 7

What are the Benefits and Problems of a Flexible Constitution?

Answer 7

Advantages:
- Laws are easily adaptable so can change with the times.
- It can better reflect public opinion

Disadvantages:
- Lacks stability - individual rights are not as effectively protected.
- System is vulnerable to political changes. E.g., the fixed terms parliament act (2010)

Question 8

What are the core principles of the UK Constitution?

Answer 8

Constitutional Monarchy, Sovereignty of parliament, parliamentary government, and a Unitary System.

Question 9

Sources of the UK Constitution

Answer 9

1) Parliamentary Laws (Statutes).
- The Human Rights Act (2000)
- EU Withdrawal Act (2018)

2) Constitutional Conventions
These are the unwritten rules that have force because the majority see the wisdom in abiding by them. However, they are not enforceable in law.
- Before British Troops are committed
to a major conflict, Parliament needs
to approve it with a vote

3) Common Law
Many rights have their origins in common law.
- Judges make decisions based on
past judges’ decisions if there is
nothing in parliamentary law on the
issue. Their judgment then sets a
precedent for future judges -> this is
common law.
- Bushels Case: 1670 -> This
established the independence of
juries, free from influence and
intimidation.

4) Works of Authority
Texts, often dating from the nineteenth century, which describe aspects of the UK political system.

Question 10

What were the aims of New Labour’s Reforms?

Answer 10

• Decentralisation - To address the problem of too much power being located at Westminster.

Democratization - To give ordinary people more of a say over decision making e.g., through referendums

Transparency – To increase trust in the government

Rights Protection – To enhance civil liberties

Question 11

What were New Labour’s Reforms?

Answer 11

1) Devolution of Local Government
2) House of Lords
3) Electoral Reform
4) The Human Rights Act
5) The Supreme Court
6) Freedom of Information Act
7) House of Commons Reform

Question 12

Devolution - Key Features, Reasons Why, and Weaknesses.

Answer 12

Provided Scotland, Wales, and Northern Ireland with more power to govern themselves after referendums, for Scotland and Wales, in 1997.

Pros:
Provided the UK with greater self-determination.
Elected Mayors offer greater accountability and transparency.

Cons:
- By 2016, of the 53 referendums on local mayors, 37 were rejected. Plus, the turnout to the vote was so small (democratic legitimacy?).
- Devolution is incomplete - some parts of the UK don’t have devolution.
- West Lothian Question.
- Accountability is difficult as a devolved assembly can blame Westminster and vice versa.
- Threatens sovereignty and independence - SNP now wants independence as they were given a taste.

Question 13

House of Lords - Key Features, Reasons Why, and Weaknesses

Answer 13

In 1999, the Upper House was reformed to change the hereditary members. After the reform, there were only 92 Hereditary Peers left.

Pros:
Membership of the House of Lords was more professional as people were now nominated based on merit.
This meant the Lords had a large range of leaders within their field.

Cons:
An elected element to the House of Lords was never added.
Was still not democratically legitimate, 92 hereditary peers and life peers are nominated by prime minister (party motivated).
- E.g., On Cameron’s way out, nominated 13 Tories, and 1 Labour life peer.

Question 14

Electoral Reform - Key Features, Reasons Why, and Weaknesses

Answer 14

Roy Jenkins submitted a survey suggesting a move from FPTP to Proportional Representation.
Blair decided against this as he just won a big majority.

Pros:
Scottish and Welsh Assemblies used AMS, and Northern Ireland used STV, so they genuinely reflected how people voted.

Cons:
No reforms at a national level

Question 15

The HRA - Key Features, Reasons Why, and Weaknesses

Answer 15

1998, HRA was passed which added the EUROPEAN CONVENTION ON HUMAN RIGHTS into British law.
Introduced in 2000

Pros:
- Positively stated the rights of the British people
- Provided the judiciary with new powers to protect the people’s civil liberties in a way they couldn’t have previously.
- The Government, and other public bodies, are expected to align laws with the HRA.
- In the Laporte Case (2006), Article 8 of the HRA was the right to private life, and article 10 was the right to freedom of expression. These showed the Police acted illegally when stopping 120 anti-Iraq War protestors from reaching RAF Fairford in 2003.
- Labour wanted to protect rights that were disregarded in the ’80s and ’90s

Cons:
- Being an act of parliament, it doesn’t represent the higher constitutional law like the US Bill of Rights does - Parliament can repeal the act.
- In 2004, Belmarsh Case following 9/11. Blair suspended Article 5, the right to liberty to keep foreign terrorist suspects in custody without charge. This conflicted with Article 14, so the judges issued a formal statement of incompatibility. Due to poor publicity, they released the suspects.
- HRA is not entrenched so can be repealed - Government can ignore a court ruling

Question 16

The Supreme Court - Key Features, Reasons Why, and Weaknesses

Answer 16

The Constitutional Reform Act of 2005 transferred the Judicial function of the House of Lords to the new Supreme Court.
This established an independent Judicial Appointments Commission.
Replaced Lord Chancellor as head of the judiciary with the non-political Lord Chief Justice.

Pros:
- Established a clearer separation of powers, like in the US.
- Previously the highest court in the Uk had been the Law Lords, based in the House of Lords. This separated judiciary and legislature.

Question 17

Freedom of Info Act - Key Features, Reasons Why, and Weaknesses

Answer 17

The Freedom of Information Act (2000) created a public right of access for citizens to see the information held by public authorities e.g., the Government, councils

Pros:
- Made the government more open and transparent.

Cons:
- The act contains many exemptions - the government can keep info secret if they believe it is in the publics interest.

Question 18

Why did the New Labour Reforms come about?

Answer 18

The demand for constitutional reform increased because Thatcher’s government was very powerful and didn’t represent all the people.

Plus, the Lords were almost entirely hereditary - not democratically legitimate.

This came after 18 consecutive years of conservative government.

Scotland and North England weren’t happy as they’d been governed from London by a government they didn’t vote for.

Question 19

The Case for Labour Reforms

Answer 19

• Most significant reforms in over a century
• Priority was given to the most critical areas such as Human Rights
• Changes introduced without major constitutional upheaval i.e., through normal Acts of Parliament.
• Changes often based on positive referendum results, enhancing their legitimacy e.g., devolution.
• Changes have been accepted by all main parties, and are likely to endure (with possible exception of HRA)

Question 20

Liberal Case Against Labour Reforms

Answer 20

• Reforms are incomplete - commitments such as holding a referendum on electoral reform were not honored.
• HRA is too weak - it doesn’t bind the UK Parliament (e.g., Prisoner Votes)
• Undemocratic, 92 Hereditary peers, elements remain in the House of Lords
• Government is still too powerful in the UK system
• Labour’s piecemeal approach was not good enough, need for a codified constitution.

Question 21

Traditional Conservative Case Against Labour Reforms

Answer 21

• Reform was unnecessary as everything was working just fine.
• HRA is too much of a constraint on Parliament
• Supreme Court gives too much power to unelected, unaccountable judges
• Devolution has created new problems - West Lothian Question, Scottish independence.

Question 22

Why was the Coalition (2010-2015) committed to Constitutional Reform?

Answer 22

• Liberal Democrats were committed to Constitutional Reform - made it a precondition of the coalition deal.
• Cameron wanted to portray himself as a modernizing PM
• Public disillusionment with politics e.g., due to the expenses scandal made reform a priority.
  
  • If MPs lived away from London, a second home was financed for them.
  • However, if they didn’t need a second home, they lived in London, they still claimed one
  • Also, wrote off things such as swimming pool heating.
  • MPs were exploiting the system and claiming things they had no right to claim
  • Lords were as much of the scandal
  • Made people think MPs were corrupt. - Both Liberal Democrats and Conservatives had criticized Labour for not completing their reforms

Question 23

Achievements of the Fixed Term Parliaments Act (2011)

Answer 23

• Ended PM’s right to decide the date of an election
• Elections every five years unless 2/3 of MPs vote for one or the PM loses a vote of No Confidence.
• Both Theresa May and Boris Johnson still managed to call early elections – Why? – The opposition joined with the Tories to vote for another election. Partly because the opposition thought they could win, and the Tories were calling the opposition’s bluff.
• May had to make a deal with the DUP
• Boris won an 80-seat majority.

Question 24

Achievements of the Recall of MPs Act (2015)

Answer 24

• Dealt with the problem of voters being unable to remove MPs who were involved in scandals.
• If an MP is sentenced to prison or is suspended from the Commons for more than 21 days a by-election takes place if demanded by at least 10% of his/her constituents in a petition
• Ian Paisley Jnr of the DUP was the first MP to go through the procedure in 2018 – failed to reach 10% threshold to trigger a by-election.

Question 25

Achievements of the Scotland Act (2012)

Answer 25

Scottish Parliament gained more powers, including borrowing powers and right to set income tax

Question 26

Failures of the Coalitions Constitutional Reforms

Answer 26

• Referendum on AV resulted in the defeat of the proposal (2011)
• Lords Reform Failed (2012)
• Planned Reduction of the House of Commons to 600 canceled (2013)
• Only 2/12 of England’s largest cities opted for an elected mayor

Question 27

Case for the Coalition’s Programme of Constitutional Reform

Answer 27

• Any proposal for major change was put to the people in a referendum e.g., AV referendum, referendums on elected mayors, a referendum on Scottish independence – ensured change commanded consent.
• Proposals enhanced democracy e.g., the power to recall MPs, and equal-sized constituencies.
• New limits on PM power e.g., fixed-term Parliaments
• Proposals increased popular participation in the political process i.e., tackle political apathy e.g., recall of MPs, elected mayors
• Original proposals tackled key areas left unfinished by Labour i.e., House of Lords Reform, a referendum on electoral reform for Westminster.

Question 28

Case against the Coalition’s Programme of Constitutional Reform

Answer 28

• Any proposal for major change was put to the people in a referendum e.g., AV, mayours, Scottish Independence 0 ensured change commanded consent.
• Proposals enhanced democracy e.g., recall MP’s and equal sized constituencies.
• New limits on PM power e.g., fixed term Parliaments act.
• Proposals increased popular participation in the political process e.g., tackle political apathy (recall of MP’s and elected mayors)
• Original proposals tackled key areas left unfinished by labour e.g., House of Lords, referendum on electoral reform for Westminster.

Question 29

The Case against Coalition’s Programme of Constiutional Reform

Answer 29

• Many Proposals failed e.g., electoral reform and House of Lords reform
• Divisions within the Coalition undermined proposals for change e.g., Lords reform, equal-sized constituencies
• The Programme didn’t go far enough e.g., AV was a limited form of electoral reform, need for a codified constitution

Question 30

The Case against Coalition’s Programme of Constiutional Reform

Answer 30

• Many Proposals failed e.g., electoral reform and House of Lords reform
• Divisions within the Coalition undermined proposals for change e.g., Lords reform, equal-sized constituencies
• The Programme didn’t go far enough e.g., AV was a limited form of electoral reform, need for a codified constitution

Question 31

Why was the Coalition’s programme largely unsuccessful?

Answer 31

• Division between Tories and Lib Dems over reforms
• Cameron couldn’t persuade his backbenchers to support reforms e.g., Lord Reform
• Negative referendum results e.g., AV referendum
• Opposition from Labour Party e.g., to equal-sized constituencies

Question 32

Constitutional Reform under the Tories (2015 - Now)

Answer 32

As part of their manifestos, they were committed to the following reforms:
- In/Out referendum on EU membership
- Reduction of Commons to 600 following boundary review
- A new Scotland Bill
- Repeal of HRA for British Bill of Rights
- Proposal for English Vote for English Laws at Westminster
- Cities and Local Government Devolution Bill for England

Question 33

Achievements of Constitutional Reform under the Tories (2015 - Now)

Answer 33

• Referendum on EU membership - vote to leave led to BREXIT in 2020
• Scotland Act (2016) - further powers devolved e.g., the ability to set income tax and receive half of the Scottish VAT revenue (act implements recommendations of Smith Commission to look at proposals for further devolution).
• English Votes for English Laws (EVEL) - MEasures affecting only England to pass into law only if most English MPs approve (measure rescinded in 2021)
• Cities and Local Government Devolution Act (2016) - allowed for the creation of a new directly elected metro mayor combined with local authorities to take responsibility for transport, planning policing, etc. (e.g., Greater Manchester, West of England Combined Authority).

Question 34

Failures of Constitutional Reform under the Tories (2015 - Now)

Answer 34

• There has been no reduction in the number of MPs
• Conservatives failed to replace HRA
  But are these failures???

Question 35

Case for Codification of UK Constitution

Answer 35

• Clarifies the relationship between different parts of the UK and determines the exact location of sovereignty (problem highlighted in the 2017 Gina Miller Case, Supreme Court said that the government couldn’t negotiate EU withdrawal without the agreement of Parliament; also the current case concerning SNP’s desire to have a second independence referendum)
• A codified Constitution

Question 36

What has the government done in regard to terrorism?

Answer 36

Serious Organised Crime and Police Act 2005: The right to protest outside Parliament has been restricted. Critics argue the act removes essential civil liberty, which is the right to protest grievances at the legislature.

Counter Terrorism and Security Act 2015: The Act requires universities and schools to monitor debate and deny a platform to speakers who could encourage radicalization. Has been criticized by some as an infringement of freedom of speech.

Investigatory Powers Act 2016: Gives intelligence services the authority to carry out electronic surveillance of private individuals and has led civil liberty groups to label it the ‘snoopers’ charter.

Question 37

Case Against Codification of UK Constitution

Answer 37

• No public demand for codification
• Codification would produce major political upheaval (consider BREXIT)
• UK System’s flexibility has allowed it to regularly reform and update itself e.g., HRA, abolition of the death penalty, and legislation of abortion and homosexuality in 1960s
• Flexibility permits the UK to respond quickly to a crisis or problem e.g., within a year of the Dunblane Massacre the government introduced tougher gun controls (impossible in the US)
• UK system is highly democratic i.e., decisions are in the hands of elected representatives (contrast with the US - key decision making on abortion, for example, is made by the Supreme Court interpreting a codified constitution)
• Codification means the system can become fossilized e.g., US Second Amendment