CONSTITUTION Flashcards
- Explain and analyse the significance of three features of the nature of the British Constitution.
P - Elections which allow for citizen participation.
E – Free, fair, equal say regardless of gender, wealth ect. Allows contribution to policy making
A – Highly significant as views of the people who the policies affect are representated by MPs who the majority elected and have their best interests.
P – Accountability and consequently the rule of law
E – Those elected to parliament should be held equally as accountable as any other person. Anyone who breaks the law is punished.
A – Very significant in allowing democracy to prosper and preventing corruption and dictatorship.
P- Smooth transition of power that comes with a legitimate government.
E – Gov has been chosen fairly and has legal authority. People and politicians accept defeat, formal process for handing down power.
A – Decreasing significance as we are in a period of partisan dealignment, so people generally do not mass protest if their party is not elected.
- Explain and analyse the significance of three sources of the British Constitution. p4-7 and your notes.
P – Statute Law
E – Any law that has been passed by both Houses of parliament and received the royal assent. E.g. Representation of the people act 1969 which lowered the voting age from 21 to 18.
A – Somewhat - Statute Law overrides other laws, however whilst the UK was a member of the EU, European law automatically took precedent over UK statute law
P – Common Law
E – The body of legal precedent resulting from the ruling of senior judges. Murder
A – Significant in the legal system as when deciding on the legality of a case, judges will use previous decisions on similar cases, profound impact on the people.
P – Conventions
E – Unwritten rules and procedures mostly concerned with parliament that facilitate the smooth running of the constitution. Salisbury-Addison Convention 1945 which allowed the immediate inaction of Attlee’s manifesto.
A – Significant in preventing problems in transition periods and deadlock.
- Explain and analyse three examples of constitutional statute law. p4 and your notes.
P – Scotland Act 1998
E – Set up a Scottish Parliament and gave them initial freedoms such as that to set taxes and control some public services.
P – Fixed Term Parliament Act 2011
E – Elections must be held every 5 years at a predetermined date. The Act removed the traditional right via the royal prerogative for the Prime Minister alone to seek a dissolution of government.
A - However it was easily overwritten by Theresa May when the commons voted 522-13 in favour of an early election. Act repealed in 2022. No long-term impact.
P – Representation of the people Act 1969
E – Reduced the voting age from 21 to 18.
A – Significant as the first democratic nation to lower age of franchise to include this age group
- Explain and analyse three works of authority that are sources of the British Constitution. p6-7 and your notes .
P – A. V. Dicey’s Introduction to the Study of the Law of the constitution 1885.
E – This included identifying what he called the “two pillars” of the British constitution with the first being parliamentary sovereignty and the second the rule of law. He said parliament “can do everything but make a woman a man”.
A – Significant in explaining the main characteristics of the British constitution and identification of conventions.
P – Erskine May’s Parliamentary practice 1844
E – Outlined parliamentary procedure including conduct during business and debates. Including standing orders of each chamber and key rulings by the speaker.
A – It is often referenced by the speaker of the commons as recent as March 2019 to Theresa May.
P – The Cabinet Manual 2010
E – Produced by the cabinet office at the start of the coalition gov . Sir Gus O’Donnell “ A guide to laws, conventions and procedures under which the government operates.
A – Significant in creating clarity around internal rules and procedures.
- Explain and analyse three milestones in the development of the British Constitution. p8-10 and your notes.
P – Magna Carta 1215
E – Royal Charter of rights agreed by King John and his barons after unrest and disagreement. Subjected the king to his own laws – first formal attempt to limit the power of the monarch and this principle of equal justice for all is integral in the UK judiciary today
A – Although the magna carter was significant in terms of it being the first formal attempt at democracy and combatting the omnipotent monarch it’s impact has been somewhat exaggerated. Only 4 of it’s clauses remain unrepealed today and it was silent on the rights of ordinary subjects. For it’s time though, it would have been an incredible milestone towards a fair democracy.
P – Parliament Acts 1911 and 1949
E – Reduced the power of the House of Lords. 1911 – ended the absolute veto over the Lords over legislation and restricted it to delaying a bill for 2 years. Also prevented from delaying “money bills” and budgets. 1949 Reduced delay to one year.
A – Increased democratic accountability of Westminster and reduced the power of the unelected Chamber. However did not address the key problem of unelected membership.
P - European Communities Act
E – Enabled the UK to join the EEC(European Economic Community) . All legislation had to conform to European law which challenged the notion of parliament sovereignty. Strongly influenced legislation on agriculture and trade, less so education and defence.
A – Not a long-lasting impact due to leaving the EU and UK statute law becomes supreme once again
- Explain and analyse three key developments of the British constitution before 1900.
P – Magna Carta 1215
E – Royal Charter of rights agreed by King John and his barons after unrest and disagreement. Subjected the king to his own laws – first formal attempt to limit the power of the monarch and this principle of equal justice for all is integral in the UK judiciary today
A – Although the magna carter was significant in terms of it being the first formal attempt at democracy and combatting the omnipotent monarch it’s impact has been somewhat exaggerated. Only 4 of it’s clauses remain unrepealed today and it was silent on the rights of ordinary subjects. For it’s time though, it would have been an incredible milestone towards a fair democracy.
P – Bill of rights 1689
E – The newly crowned monarchs William and Mary had to accept the bill of rights which was passed into law. Among its terms were frequent parliaments, parliamentary privilege and free elections.
A – Importance in establishing parliamentary sovereignty including dominance of parliament over the monarch. The principle of free speech in parliament still prevails. However it too did not outline the right of the ordinary, nor freedoms for all members in society. It was far from a democracy too and parliament was only wealthy male landowners
P – Act of Settlement 1701
E – Follow up to the Bill of Rights. Legislation to ensure a protestant succession to the Throne. Case of parliament laying down the criteria for British monarchy, with bloodline and lineage, key features of a hereditary institution, mattered less than meeting parliaments demands for a Protestant Heir.
A – Did nothing to propel Britain into a modern democratic society.
- Explain and analyse the impact of three constitutional changes since 1997. p11-15 and your notes (Note – The Fixed Term Parliament Act 2011 was repealed in 2022)
P – House of Lords reform Act
E – Abolished the right of all but 92 hereditary peers to sit and vote in the H of L
A – However, reform left incomplete as they did not enact stage 2. In 2007, MPs voted for 100% elected or 80% elected H of L but it never changed. Still undemocratic and not diverse.
P – Rights of citizens
E – Human Rights Act 1998 enshrined most of the European Convention of Human Rights into law. Sets out fundamental freedoms to which all are entitled and holds the government accountable. Allows the supreme court to rule when a government policy is incompatible – Tony Blair stopped detaining terror suspects without charge as a resukt of a decleration of incompatibility.
A – Cements the principle of the rule of law and limits state power
P – Devolution
E – Decentralisation of power from Westminster to devolved bodies. Although Westminster remains sovereign it allows the devolved nations to gain significant freedom over their domestic legislation. For example, Scotland’s social policies – free prescriptions for the elders and no uni fees.
A – Rise of smaller parties such as SNP and Plaid Cymru – enhancing democracy.
- Explain and analyse the impact of attempts to modernise political institutions since 1997. p11-15 and your notes.
P – Devolution
E – Decentralisation of power from Westminster to devolved bodies. Although Westminster remains sovereign it allows the devolved nations to gain significant freedom over their legislation. For example, Scotland’s social policies – free prescriptions for the elders and no uni fees.
A – Rise of smaller parties such as SNP and Plaid Cymru – enhancing democracy.
P – House of Lords reform Act
E – Abolished the right of all but 92 hereditary peers to sit and vote in the H of L
A – However, reform left incomplete as they did not enact stage 2. In 2007, MPs voted for 100% elected or 80% elected H of L but it never changed. Still undemocratic and not diverse.
P – Constitutional Reform Act 2005
E – Supreme Court established in 2009. Separation of powers and the role pf Lord Chancellor reduced. Security of tenure and appointment committee to ensure impartiality.
- Explain and analyse three failures of post 1997 constitutional changes. p15-17 and your notes.
P – House of Lords reform Act 1999
E – Abolished the right of all but 92 hereditrary peers to sit and vote in the H of L. However, reform left incomplete as they did not enact stage 2. In 2007, MPs voted for 100% elected or 80% elected H of L but it never changed. UK remains unique in having an entirely unelected second chamber.
P – Human Rights have been controversial
E – Growing role of courts in Human Rights cases has led to much criticism. EG when the supreme court ruled the freezing assets of terrorists suspects incompatible with the HRA.
P - Devolution has partially failed
E – Despite partial success devolution has left Northern Ireland in political turmoil. Specifically, the Assembly was devolved between 2017 and 2019 after policy disagreements and a scandal over a failed renewable energy scheme.
- Explain and analyse three different ways in which the British constitution upholds citizens’ rights. p18-20 and your notes.
P – Human Rights Act 1998
E – Incorporated European Convention of Human Rights into law. The supreme court can declare incompatibility when UK law clashes with HRA. Put’s pressure on the government to reconsider amending statute. Courts can use the HRA provision to establish legal precedence in common law.
P – Constitutional reform Act 2005
E – Separation of powers and the creation the Supreme Court in 2009. Make Ultra Vires rulings which is when public bodies have acted beyond their statutory authority and could be infringing on the rights of citizens. Reille V Secretary of State for work and pensions declared ultra vires for some aspects on the “welfare to work” scheme as Reilley had argued it infringed on her right to be protected against slavery.
P – Strong institutional framework for protecting rights beyond the courts
E – For example, the Equalities and Human Rights Commission which often brings cases under the Equality Act 2010.
- Explain and analyse three reasons why the British Constitution does not effectively uphold citizens’ rights. p18-20 and your notes. ????
P – Brexit removing safety net for some certain non-discrimination and migration laws formerly provided by EU law.
E – For example the government has been attempting to pass legislation to reform immigration which will dilute rights protection. For example The Conservatives Rwanda Bill was declared incompatible with the HRA but parliamentary simply changed the law to make it compatible.
A – Parliamentary sovereignty and Brexit have allowed the UK to pass policies which potentially infringe of rights such as those of migrants/asylum seekers
- Explain and analyse three reasons why the British constitution should be codified. p20-21 and your notes.
P – Limit the power of the executive
E – Introduce more institutional checks and balances to control government power and stop the threat to individual rights and minority groups which the Liberal Democrats argue are the consequences of executive dominance.
A – Increasing importance in a time of political distrust and complaints of an “elective dictatorship”.
P – The constitution currently lacks clarity and rationality
E - Many do not understand the concept of a constitution and thus their Rights. Proponents of a written constitution argue that it would have an educative value and highlight the values of the political system.
A – Significant as it could result in greater engagement with the political system and understanding.
P – A codified constitution would allow for the constitution to update its outdated conventions
E – The H of L was created in the pre-democratic era however the hereditary principle cannot be justified in a liberal democratic state such as the UK.
A – Somewhat significant – update to the constitution, less flexible so it would need constant adaptation to remain up to date and that would be difficult.
- Explain and analyse three reasons why the British constitution should not be codified. p20-21 and your notes
P – The current constitution is flexible and adaptable
E – Easy to adapt the constitution in a clear case for change. H of L reform 1999.
A – Codifying the UK constitution would undermine its current relevance and ability to easily adapt to social change.
P – Codification would place too much power in the hands of the judges.
E – Decisions like abortion and civil rights in America have been made by unelected judges determining whether laws and political processes are constitutional.
A – Significant in that judges would become overly political and may dictate the powers of the government.
P – A codified constitution could not be entrenched.
E - Specifically, a codified constitution could never have the status of fundamental law so long as parliament retains the power to alter it at will.
A – Significant as it would not be compatible with parliamentary sovereignty.
- Explain and analyse three areas where individual and collective rights are in conflict. P21-23 and your notes.
P – Gay Rights 2008 upheld the rights of gay people rather than a religious couple.
E - Clash between the individual right of protection from discrimination based on sexual orientation and the rights of religious groups to decide who stays at their B and B/hotel – expression of their beliefs.
A – Significant as it shows that the individual right to not be discriminated against is more important than that of a collective group to live out their beliefs.
P – 2006 Terrorism Act allowed for the detention of a terror suspect without a trial.
E – Hindered the right of the individual to a fair trial but protected the collective right of security and protection from potential suspects.
A – Civil / Individual Right hindered in order to protect the collective right of the general population
P – Uber 2016 awarded Uber workers the right to holiday pay and minimum wages
E – Clash between individual right to choose if they were self employed or not but gave the group as a whole financial security and to be treated as an employee
A – Policies can both help and hinder members of the same company.
