constitution Flashcards
principles
parliamentary sovereignty - parliament holds ultimate power - no parliament is binding on its successor
rule of law - everyone is equal under the law
constitutional monarchy - the monarch holds a ceremonial role
fusion of powers - the executive sits within the legislature
types of constitutions
entrenched - difficult to amend - normally has due processes
flexible - easy to amend - normally through a simple act
codified - constitution can be found within one document
uncodified - there are multiple sources
sources of the UK constitution
statue law
eg Magna Cart 1215 - rule of law applied to monarch and habeas corpus
eg Act of Union 1707, 1821
common law - laws created by the judiciary derived form customs eg Somerset v Stewart 1772 technically made slavery illegal in the UK
convention - binding on all political members - moral obligation rather than legally binding
works of constitutional authority - texts that clarify the constitution - have no legal status
treaties eg Maastricht Treaty - Major successfully negotiated the UK out of single European currency
human rights in the UK
rights in the UK previously based off negative rights
Human Rights Act 1998 - enforced in 2000 - passed by Blair’s govt
incorporated the European Convention on Human Rights into statute law
examples
A & Others v Home Secretary - ruled in favour of foreign prisoners in Belmarsh who claimed their indefinite detention was discriminatory
Abu Qatada - avoided deportation to Jordan fearing that evidence obtained during torture would be used against him - the UK govt spent £1.2 million on his case
Lee v Asher Baking Company - ruled in favour of Asher Baking company - protected their right of expression and religion ?
MS v secretary of state 2020 - ruled that the govt has a duty to protect victims of human trafficking
AA v secretary of state 2022 - allowed a convicted drug dealer to remain in the UK bc he had a British girlfriend and child - use of Article 8 ‘criminal charter’
2018 - the SC ruled that the 2005 Civil Partnership Act was incompatible with the HRA - govt amended it
Devolution
delegating power away from the centre
there is asymmetric devolution in the UK - different regions have different powers
Pros - more democratic and efficient
cons - potential to cause instability (break of the union)/less cohesion, conflict between central govt and devolved bodied
Scotland
1997 referendum in favour of Scottish Parliament
1998 2016 Scotland Act - Scottish Parliament can only be dissolved through a referendum
have primary legislative powers - health, education, internal transport, income tax, VAT, power to borrow
2022 - SC ruled that the Scottish govt needs Westminster approval to hold another independence referendum
Wales
1997 referendum in favour of devolution
1998 2006 Government of Wales Act - separated the legislature and the executive
2014 2017 Wales Act
primary legislative powers over ‘welsh life’ - some fiscal power, health, education, culture
NI
1998 Good Friday Agreement + referendum
social and economic powers - health, education, social security, civil service
the assembly has been suspended 3 times since 1998
West Lothian Question - devolution in England ?
English Votes for English Laws (EVEL) - 2015-2021 - the speaker would decide if laws were deemed English issues
City devolution - Greater London, Greater Manchester, Yorkshire
2004 North east rejected have a regional assembly
Sunak is keen to have more elected mayors and phase out police and crime commissioners