Constitution Flashcards
What is a constitution
A constitution is a set of laws and guidelines establishing how a political system will function. It says where power lies within the system and helps guarantee citizens’ rights.
Magna Carta (1215)
Before the Magna Carta, all political power resided with the monarch. However, in 1215, an agreement was made between King John and the nobility to guarantee specific laws to the people of England. These included:
The king could not raise a tax without the consent of the people (Clause 12).
The right to due process in the law was guaranteed (Clause 29).
The right to trial by jury was guaranteed (Clause 39).
Justice had to be free and fair (Clause 40).
The nobles could select a committee of 25 to scrutinise the king’s actions (Clause 61).
The Magna Carta is seen as the start of democracy by establishing the rule of law.
Bill of Rights (1689)
1688: The unpopular Catholic king, James II, was removed from the English throne.
He was replaced by William of Orange, a Dutch protestant.
With this followed a number of restrictions on the Monarch’s power, known as the Bill of Rights
The king would rule alongside a permanent Parliament
Parliament would be the result of regular, free elections
MPs would enjoy freedom of speech
The monarch would require the consent of Parliament to levy taxes
The monarch would not have the power to repeal or set aside any laws without the consent of Parliament
This also led to the emergence of a two-party system.
Supporters of the Monarch: Tories
Supporters of Parliament: Whigs
Act of Settlement (1701)
The Act of Settlement established the right of Parliament to decide who would succeed the Throne upon the death of the reigning Monarch. This was fuelled partly by the desire to exclude James II from the throne.
This Act also prevented holders of offices under the crown from serving in Parliament (e.g., the Monarch or Princes/Princesses).
Acts of Union (1707)
This Act united the separate Kingdoms of England and Scotland.
In 1603, King James VI of Scotland also became King James I of England, the first Monarch to reign over both countries.
The Act combined the two separate Parliaments into one, based in Westminster. The two countries saw single Parliamentary rule until 1997, when Prime Minister Tony Blair established a Scottish Parliament under devolution.
The legal system in Scotland remained independent, however.
Parliament Acts (1911 and 1949)
These Acts essentially reduced the powers of the House of Lords in favour of giving more comparative power to the elected House of Commons.
1911: Lords could not delay financial bills, and the power of veto was replaced by a two-year delaying power.
1949: The 2-year delay was reduced to one year.
European Communities Act (1972)
European Community: a trade area for economic co-operation.
Sir Edward Heath as Conservative Prime Minister 1970-74.
The UK joined the EC on the 1st January 1973.
The EC (now the EU) had a huge influence over UK Politics:
Two referendums on Britain’s membership, one in 1975 (Remain) and another in 2016 (Leave)
EU laws are binding on all members, meaning the UK had to adopt EU law in addition to UK law.
UK Parliament no longer had sovereignty.
UK courts had to enforce EU law.
The UK has since left the EU, but many EU laws remain in the framework of UK law.
Types of Constitution
A constitution is a set of rules for the governance of a country. The government must follow the text of the constitution. There are two main types of constitution: codified and uncodified.
Uncodified Constitution
Parts are written down but in different
documents; it is not centralised. The UK
Constitution is uncodified.
Flexible: any of the Constitution’s sources can be changed relatively easily by the government of the day.
Unentrenched: Constitutional laws are no different from statute laws. Parliament can change the constitution as it is sovereign.
Non-judiciable: judges cannot challenge Parliament’s ability to make or change statute law.
Unitary: based on the principle of parliamentary sovereignty.
Evolutionary: a system that has evolved over many years. Obviously, current events change the needs of a constitution, and so an evolutionary
constitution adapts to these scenarios.
Codified constitution
A single document which is properly structured and centralised. The US Constitution is codified.
Rigid: it is difficult to change the US constitution. It is only done with formal amendments, which are very rare.
Entrenched: it is difficult to amend or remove parts of a constitution. The constitution usually stands above law made by a parliament or legislature.
Judiciable: a court can decide if the actions of a government or their laws are ‘constitutional’
Federal: authority is divided between several regions. Central and regional governments can clash on issues.
Revolutionary: one that has been created through an intense overthrow of power. They are carefully created to be powerful and inclusive from the offset.
Fusion/Separation of Power
The separation and fusion of powers refer to how elements of a government relate and work with each other. A separation of power means that each component is separate and acts as a check on each other. A fusion of power means that each element works together.
Fusion of Power
some or all branches of government overlap.
Separation of Power
the government branches operate independently of each other.
Statute Law
These are all of the laws passed by Parliament. Since Parliament is sovereign, statute laws are sovereign. An example of statute law is the 2015 Recall of MPs Act, which allowed MPs to be recalled under certain circumstances.
Common Law and Case Law
Judges make decisions based on an opinion from a fair and just outcome. The UK judiciary uses a principle of precedence; once a decision has been made on a case, similar cases will be considered similarly.
Many civil rights are maintained through common law, as judges have previously made decisions on cases that have been respected in future judgements.
Works of Authority
Works of Authority are books that have been written to help explain the Constitution and its content. An example is ‘Parliamentary Practice’ by Erskine May. These books, however, lack legal standing.
Conventions
These are not laws but traditions that have developed through generations.
Examples of conventions in the UK include collective responsibility (learn more here) and the Salisbury Convention, which means that the House of Lords should not obstruct legislation that was in the governing party’s manifesto.
EU Treaties & laws
The Lisbon Treaty (2009) and Maastricht Treaty (1992) are examples of agreements with other EU nations. Since Brexit, EU treaties and laws no longer automatically become UK law.
four main ways in which reform since 1997 has affected UK politics:
Enhancing democracy
Decentralising power
Enhancing rights
Modernising the system
Enhancing democracy
The House of Lords Act (1999) removed all but 92 hereditary peers from the House of Lords
New electoral systems were introduced:
Closed List Proportional Representation for European Elections
Additional Member System for Scottish and Welsh Parliament elections
Supplementary Vote for Metro Mayors and Police & Crime Commissioners
Single Transferrable Vote for the Northern Irish Assembly.
The 2015 Recall of MPs Act allowed constituents to sign a petition to trigger a by-election if their MP had been convicted of a crime. A by-election is called if at least 10% of constituents sign the petition.
Decentralising Power
Devolved assemblies were established in Scotland, Wales and Northern Ireland, which gave local representation to these areas. Furthermore, major urban areas had elected mayors, such as in London, Liverpool and Manchester.
The decision to leave the EU is also constitutional reform, as power is given back to the British people.
Enhancing Rights
Human Rights Act (1998)
Enshrined the European Convention on Human Rights (1950) into UK law.
Citizens can now challenge laws in UK courts instead of going to the European Court of Human Rights (ECHR).
The Supreme Court can issue a ‘declaration of incompatibility’ if any actions go against the Human Rights Act. This pressures the government to back down on a particular issue, but the court cannot force them to.
Freedom of Information Act (2000)
The government looks more transparent, letting citizens know who and how decisions are made.
Anyone can access files from any government body unless it affects national security and other major exceptions.
The Equality Act (2010)
This made it illegal to discriminate on the basis of nine “protected characteristics”:
Religion
Age
Disability
Gender reassignment
Marriage/civil partnership
Pregnancy/maternity
Belief
Race
Sexual orientation
Modernising the System
The 2005 Constitutional Reform Act established a Supreme Court and removed Law Lords from the House of Lords.
The 2011 Fixed Term Parliaments Act fixed the date of general elections to every five years unless a two-thirds majority was passed in the House of Commons. However, this law has since been repealed.
Devolution
refers to transferring legislative powers from a central parliament to a local or regional legislature.
Power was devolved to Scotland and Wales in 1997 and Northern Ireland in 1998 following a referendum on the Good Friday Agreement. All three countries received powers over agriculture, employment, social services, culture, environment, sport, tourism, education, health and transport—none of the three acquired powers over defence, energy, foreign policy and nationality. There has also been devolution of powers to various mayors and a London Assembly in England.
As a result of devolution, two types of legislative powers have emerged:
Devolved powers: those that the devolved legislatures can use
Reserved powers: powers that reside in Westminster.
As a result of the UK’s uncodified constitution and parliamentary sovereignty, the power of devolved bodies rests with Westminster, and the bodies can be made more powerful, less influential or removed entirely at the wish of parliament. This is different to the United States’ model of federalism, in which each state has their own legislature, executive and judiciary. As these powers are written in the US Constitution, they cannot be taken from the central federal government.
