Constitution

Question 1

what is a constitution

Answer 1

a body of rules that defines the manner in which a state or society is organised
a constitution establishes the relationship between the state and its citizens and between the various institutions that constitute the state
a legal framework underpinning the workings of a political system: it is the book of rules as to how the system operates
it is an authoritative document or source and is the highest law of the land

Question 2

forms of constitution

Answer 2

a single document codifying all the powers, functions, duties and responsibilities of government and the rights of citizens, detailing the institutions of government and defining their powers, functions and relationships between them (USA)
or
collection of documents and unwritten conventions as and uncodified constitution (UK)

Question 3

Purpose of a constitution

Answer 3

distribute power within a political system
define the limits of government
define rights of citizens
limits of government interference with
define citizenship
define functions, duties, responsibilities and relationships between different branches of government
define the sovereign territory governed by a constitution
relationship between government and external bodies (EU)
how the constitution must be amended

Question 4

Parliamentary sovereignty

Answer 4

the central constitutional doctrine that holds that parliament is the supreme law-making body within the UK system of government
parliament is the ultimate law making body. so parliament can change any law they want to

Question 5

Typical features of a constitution

Answer 5

found in a single authoritative document and is therefore codified
entrenchment
superiority of constitutional law

Question 6

uncodified

Answer 6

where the rules that govern the relationship between the state and its citizens, and between its various institutions that comprise the state, are not set out in a single authoritative document
simply not written down in a single document

Question 7

entrenched

Answer 7

where laws or constitutional provisions are afforded greater protection from arbitrary change that regular statutes

Question 8

codified

Answer 8

a single authoritative document setting out the rules that govern the relationship between the state and its citizens and between the constituent parts of the state.
single authoritative document simply

Question 9

why is entrenchment made difficult under the uk system

Answer 9

parliamentary sovereignty

Question 10

sources of the british constitution brief

Answer 10

constitutional statutes
books of authority
conventions
common law / case law
treaties

Question 11

constitutional statutes

Answer 11

acts of parliament of constitutional significance
highest source of uk law
not entrenched as could still be overruled by a majority in the house of commons

Question 12

examples of constitutional statutes

Answer 12

the Human rights act 1998
Parliament acts 1911, 1949, 1999 (house of lords, last one removes all but 92 hereditary peers)
Representation of the People acts (lots of tem, last one was 1967 giving 18 year olds the vote)
Fixed term parliament act 2011 setting the dates for the next election

Question 13

Books of authority

Answer 13

classic works explaining aspects of the constitution

Question 14

examples of books of authority

Answer 14

Bagehot’s The English Constitution
Dicey’s Introduction to the Law of the Constitution
Erskine May Treatise on the Law, privileges, proceedings and usage of parliament (NOW IN ITS 24TH EDITION)

Question 15

Common law / case law

Answer 15

the body of legal precedent derived from judges rulings in the courts
precedent

Question 16

examples of common law

Answer 16

royal prerogative: formal powers of the crown which encompass many of the powers of the PM and the executive
Traditional rights and freedoms: until the Human rights act 1998 the courts recognised ‘residual’ rights that rested on the common law assumption that ‘everything is permitted if it is not prohibited’

Question 17

conventions

Answer 17

accepted principles or rules of behaviour based on custom, practice and tradition rather than on law. They are non-legal rules which are upheld by a sense of what is proper, workable and correct

Question 18

examples of convention

Answer 18

Collective cabinet responsibility
Individual ministerial responsibility
Salisbury convention
parliamentary sovereignty

Question 19

treaties

Answer 19

EU law has higher status over uk law
but grey areas as uk= not codified constitution and the Eu failed to ratify its own constitution in 2005 (but much is under the Lisbon treaty)

Question 20

examples of treaties

Answer 20

Treaty of Rome 1957 - founding treaty
single European act 1986 - established a single market within the EC
treaty on European Union 1993 - political union of the EU, the euro and the social charter
treaty of Lisbon 2009 - modified version of the proposed constitutional treaty

Question 21

Difference between unconstitutional and anti-constitutional

Answer 21

unconstitutional acts break the constitution but are not actually illegal whereas anti-constitutional acts break the law (often in a violent way) and is targeted at the country

Question 22

examples of unconstitutional action

Answer 22

parliament trying to extend its life beyond 5 years
government refusing to resign after losing a vote of no confidence
crown refusing to sign an act of parliament

Question 23

examples of anti-constitutional action

Answer 23

activities of terrorists in NI
tube bombings 2005
illegal strikes attempting to undermine the government
use of lawful force and coercion to achieve a specific objective

Question 24

Is it possible for the government to act unconstitutionally

Answer 24

technically no as parliament is sovereign
therefor government can never act unconstitutionally as long as it gets the approval of parliament
but if government
-goes beyond the powers granted to it by parliament
-breaches human rights
-breaks EU law
-breaks an established constitutional convention (eg; HofL breaking Salisbury convention about always passing manifesto promises? working tax credits
then it has acted unconstitutionally

Question 25

11 features of the uk constitution unexplained

Answer 25

``` parliamentary sovereignty fusion of powers unitary state constitutional monarchy prerogative powers rule of law convention, custom and precedent evolutionary rooted in tradition lack of entrenchment fluid and flexible ```

Question 26

fusion of powers

Answer 26

legislative and executive are not separated although judiciary is independent government is drawn from parliament and thus government usually dominates parliament

Question 27

unitary nature

Answer 27

power is concentrated in central government; power may be delegated elsewhere but ultimate political authority resides at the centre

Question 28

constitutional monarchy

Answer 28

monarchy is the head of the state, but its powers are limited by parliament; monarch not expected to play important role in the affairs of government

Question 29

royal prerogative

Answer 29

constitutional powers resting with the monarch but exercised in practice by the Prime minister

Question 30

rule of law

Answer 30

all are equal under the law and government must respect the laws when making decisions and taking action

Question 31

convention, custom and precedent

Answer 31

these are unwritten but understood in the way the constitution 'works'

Question 32

constitutionalism

Answer 32

the principle that those who hold political office must operate according to the rules established in a constitution government is being conducted within recgonised constitutional principles system of unwritten conventions still do provide an entrenched framework within which government works government respects parliamentary sovereignty and respects it is accountable to parliament thus parliament has ultimate authority

Question 33

uk does feature constitutional government

Answer 33

government respects parliamentary sovereignty unwritten conventions are largely respect ministers usually act within their legal powers common law rights and eu convention are likely to be upheld in most cases

Question 34

uk does NOT feature constitutional government

Answer 34

no codified constitution rights are not fully entrenched eg dc wants to abolish human rights act 1998 in replace of british bill of rights prerogative powers of PM and Ministers are not limited by law or parliament monarch in theory still retains arbitrary power (but was last used in 1707)

Question 35

Constitutional reform under the labour government introduction

Answer 35

1997-2010 blair 1997-2007 brown 2007-2010 march 1997 reforms agreed between lib dems and labour whilst jointly in opposition Paddy Ashdown - lib dem member on the joint cabinet committee set up by labour to implement constitutional reforms that both parties wanted

Question 36

devolution national under the labour government

Answer 36

1997 referendum approved Scottish Parliament 1997 referendum approved welsh assembly 1998 referendum following good Friday agreement approved NI assembly 1999 elections took place and the three devolved institutions opened

Question 37

devolution regional under the labour government

Answer 37

november 2004 regional assemblies in England abandoned after no vote in north east devolution West Lothian Question remained unresolved (MP for west Lothian - tam dalyell labour opposed devolution as Scotland has says on English laws but not vice-versa 1998 referendum approved GLA and London major and introduced 2000 English cities were given the chance to elect their own majors but only 12 chose to do so Richard Commission report 2004 Government of Wales Act 2006 = opened the way for more powers to be devolved to the welsh assembly

Question 38

devolution under the labour government conclusion

Answer 38

devolved assemblies were established by 2010 | but policies to introduce regional assemblies in England failed and elected majors in English cities also failed

Question 39

3 other constitutional reforms labour government (apart from devolution)

Answer 39

Human Rights Act House of Lords Reform Freedom of Information Act

Question 40

Human Rights Act under the labour government

Answer 40

1998 HRA incorporated the European declaration of human rights into uk law was drawn up after the holocaust alleged breaches of human rights could now be challenged in Britain and the European court of human rights

Question 41

labours record on human rights

Answer 41

following 9/11 - prevention of terrorism acts 2005 & 2006 - criminal justice act 2003 - serious organised crime and police act 2005 poor?

Question 42

House of lords reform under the labour government

Answer 42

1999 House of Lords act removed all but 92 hereditary peers (intended as a first stage) later attempts to remove all hereditary peers and introduce at least a small elected element failed October 2014: ed Miliband pledged he would replace the house of lords with an elected senate if he won the GE the current system 'fails to represent large parts of the UK' Senators would be elected from Scotland, England, wales and NI, not constituencies like MPs

Question 43

Freedom of information act under the labour government

Answer 43

passed into law 2000 and in force since 2005 foi created a public right of access to information held by public authorities exceptions, notably relating to national security criticised at the time because there was too broad a 'national security' loophole Eg; MPs expenses claim was uncovered by telegraph journalists causing major scandal 2009

Question 44

Constitutional reform under the coalition government introduction

Answer 44

coalition formed may 2010 and claimed to be 'working to reform our political and constitutional system to help restore people's faith in politics and politicians

Question 45

6 brief coalition achieved constitutional reform

Answer 45

``` fixed term parliament act royal succession individual voter registration devolution recall of mps parliamentary privilege ```

Question 46

5 brief coalition failed constitutional reform

Answer 46

``` electoral reform house of lords reform reduce the size of the house of commons reform party funding human rights act ```

Question 47

fixed term parliament act

Answer 47

part of the coalition agreement passed 2010, into affect 2011 introduced fixed term parliaments of 5 years PMs no longer had the power to call a general election could easily be changed by the next parliament if clear majority but would make the government very unpopular

Question 48

royal succession

Answer 48

commonwealth heads of government meeting in perth October 2011 announced government were going to change royal succession agreed with all 15 other commonwealth countries government received final consent December 2012 bill introduced to the commons January 2013 Succession to the crown act end the system of male > female removed roman catholic marriage prevention replace royal marriages act 1772 so only first 6 in line o the throne needed consent from the throne to marry

Question 49

Individual voter registration

Answer 49

replaced the household electoral registration system in 2015 each person in the household now had to individually register Electoral Registration and Administration Act 2013 trivial or big step against fraud

Question 50

devolution under the coalition not including Scottish pre referendum stuff

Answer 50

November 2013 announced more powers to welsh assembly -borrow more money to develop M4 -stamp duty under welsh control -wales and Scotland (Scotland never used this power) to set a portion of income tax -extend elections to every 5 years merely sensible increases, no major shake up

Question 51

Scottish devolution under the coalition

Answer 51

referendum 18th September 2014 all three main parties agreed to bring forward proposals to increase powers to Scotland Smith commission set up after no vote win concessions were forced by SNP and more talk, l;ittle substance so far..

Question 52

recall of mps intro/proposals

Answer 52

power to recall means an MP who is found guilty of serious wrongdoing could be forced to stand down and face a by-election after MPs expenses scandal, couldn't kick out MPs. could only recall mps where they were sent to prison for over a year or if hofc decides MPs behaviour justifies it proposal = 10% of mps constituents sign petition calling for a by-election

Question 53

recall of mps opposition and support in parliament

Answer 53

the political and constitutional reform committee led a review into the draft bill and in june 2012 raised doubts saying it would be hard to implement too easy to recall mps then minorities can force by election (only 105 is very small) Zac Goldsmith= strong defender of recall

Question 54

recall of mps act

Answer 54

March 2015 recall petition to be triggered if a member is sentenced to a prison term or is suspended from the hofc for at least 21 days sitting petition would then be open for 8 weeks if 10% eligible voters signed then by-election but MP would be allowed to stand also rules surrounding the petition (spending limits)

Question 55

Chris Huyme

Answer 55

``` only an MEP 2002 caught speeding gave points to his wife 2007 left wife wife tells newspapers 2012 charged and only then stepped down both sentenced to 6 months jail ```

Question 56

parliamentary privilege

Answer 56

april 2012 government published green paper joint committee of both houses are reviewing the green paper aim to ensure MPs accused of series wrongdoing cannot use parliamentary privilege to avoid criminal prosecution in process..

Question 57

electoral reform

Answer 57

2011 referendum for AV | FAILED = FPTP here for a long time to come

Question 58

house of lords reform under the coalition

Answer 58

both parties pledged in their manifestos to create a mainly elected hofl lords reform was in coalition agreement 2011 white paper and draft bill, scrutinised by a joint committee of both houses -endorsed wholly rather than entirely elected -450 instead of 300 -lords elected for 15 years then no re-election -semi-open list based on larger regions instead of STV july 2012 hofc in favour 462 vs 124 second reading but clear too many conservatives would not support September clegg abandoned

Question 59

October 2013 ...

Answer 59

commons political and constitutional reform committee proposed small set of reforms -expulsion of peers guilty of serious offence -strengthen voluntary retirement -not replace hereditary peers -remove persistent, unauthorised non-attendies have been taken no further

Question 60

house of commons reform

Answer 60

coalition agreement included a pledge to reduce hofc from 600 to 650 key proposal after expenses scandal make constituencies roughly same size (atm; 40,000-90,000) would be very disruptive after conservatives removed support for hofl reform, nick clegg removed lib dem support hasn't gone any further

Question 61

reform of party funding

Answer 61

mps expenses scandal = concern on large scale donations cross party talks state funding like much of Europe? conservatives > lib dems and labour so went no further eg; blair and eccelston = no sports allowed to be sponsored by tobacco companies apart from F1

Question 62

Human rights act under coalition

Answer 62

difficult for lib dems had always supported HRA but tory manifesto = british bill of rights Sir Leigh Lewis review commission report December 2012 hopelessly split nothing further done

Question 63

brief strengths of UK constitution

Answer 63

``` flexibility democratic rule effective government history and tradition parliamentary sovereignty mandate for majoritarian government fusion of powers ```

Question 64

brief criticisms of uk constitution

Answer 64

``` uncertainty elective dictatorship, sovereignty in one place centralization weak protection of rights monarchy = unelected, historical relic government domination of parliament ```

Question 65

positives of a codified constitution

Answer 65

``` clear rules limited government neutral interpretation protecting rights education and citizenship ```

Question 66

against a codified constitution

Answer 66

``` rigidity judicial tyranny legalistic political bias unnecessary ```

Question 67

differences between codified and uncodified

Answer 67

``` entrenchment extent of limits on government power how to change the constitution elections (single vs multiple) head of state ```

Question 68

differences between federal and unitary constitutions

Answer 68

``` federal: sovereignty dispersed formal separation of power sovereignty of the constitution entrenchment supermajorities needed to change the constitution multiple elections codified rigid Unitary: concentrated sovereignty fusion of powers parliamentary sovereignty lack of entrenchment simple act of parliament to change the constitution fewer elections uncodified sense of flexibility ```