Constitution Flashcards
What are the 6 acts that developed the constitution?
Magna Carta - 1215 Bill of rights - 1689 Act of Settlement - 1701 Acts of Union - 1707 Parliament Acts - 1911 & 1949 European Communities Act 1972
How did the Magna Carta develop the UK constitution?
After King John had rebelled against the abuse of power the Magna Carta stayed the principle that no one should be deprived of liberty or property without due process
How did the bill of rights develop the UK constitution?
It introduced 3 provisions
- Free elections
- Regular parliaments
- Freedom of speech in parliaments
How did the Act of settlement develop the UK constitution?
It established the right of parliament to determine the succession to the throne
How did the Acts of Union develop the UK constitution?
It united Scotland and England who had previously shared a monarch since 1603 with separated parliaments, now one parliament was held in Westminster. It was the basis of the Uk until devolution
How did the Parliament acts develop the UK constitution?
It reduced powers in the House of Lords to interfere with the HOC.
1911 - Provoked by the lords rejecting the tax raising “people’s budget” it sets out that the Lords cannot delay money bills, also losing the power of Veto to a two year delay
1949 - lowered to a one year delay
How did the European Communities Act develop the UK constitution?
Set out the EU law wld take presidence over UK law where a conflict occurred.
What are the three elements of the UK constitution?
Uncodified
Unentrenched
Unitary
Which three countries have an uncodified constitution?
Israel
New Zealand
UK
What is meant by an uncodified constitution?
This means that there is no single legal code of document in which the key principles are gathered together. It is derived from a number of sources so written (statute) and some unwritten (Conventions)
What is meant by an unentrenched Constitution?
This means that the constitution is not above all other law, in the UK it is the law. Any law passed becomes a part of the constitution. It is therefore easily altered by a vote in parliament making it more flexible.
Give an example of an entrenched constitution?
America
In America to make an amendment to the constitution 2/3 of congress have to agree as well as 3/4 of the states
What is meant by a unitary constitution?
This means that sovereignty is located at the centre with component parts run from London and treated in a similar way. This has been modified with devolution however some now refer to the UK as a unitary state
What is meant by a federal state?
A system in which sovereignty is shared between a central government and individual states
What are the twin pillars of the UK constitution identified by AV Dicey in 1885?
Parliamentary Sovereignty
Rule of Law
What is meant by Parliamentary Sovereignty?
The principle that parliament can make amend or unmake any law and cannot bind future parliaments or be bound by its predecessor
What are the three ways Parliament is said to be sovereign?
1) Parliament can make law on any subject matter, changes in the 60s included making divorce easier and abolishing the death penalty
2) legalisation passed by Parliament cannot be struck down by a higher body like a constitutional court. The Supreme Court can make suggestions of an amendment but not overturn
3) No parliament can bind its successor, parliament can repeal any previous acts like the 2003 section 23 repeal of the 1988 local government act that made it illegal to promote homosexuality in schools
What is meant by the Rule of Law?
The main way rights and liberties are protected, it is a check on parliamentary sovereignty.
What are the 4 elements of rule of law?
Everyone is entitled to a fair trial and no one should be imprisoned without legal process
All citizens should obey the law and are equal under it
Public officials are not above the law
The Judiciary is independent of political interference
What are the 5 sources of the constitution?
Statute law Common law Conventions Authoritative works EU law
What is statute law?
It s a body of law passed by government. It is any law that affects the political system or individuals rights. It is the most important source as it is underpinned by parliamentary sovereignty
Give 3 examples of statute law?
2011 Fixed Term Parliament Act 2015 Recall of MPs act 1998 Human rights act 1998 Government of Wales Act 1972 European Communities Act 1911 and 1949 Parliament acts 1998 Good Friday Agreement
What is Common law?
It is any legal principle paid down by judges in their rulings in court cases, it is important where it is no clear show statute law should be applied.
Give an example of common law?
The presumption that a person is innocent until proven guilty
What are conventions?
They are customs and principles which do not have legal force but have been broadly accepted over time, they can be changed by an act of Parliament.
Give 5 examples of a convention?
- Royal Assent
- Collective Cabinet responsibility
- Parliamentary sovereignty: power taken from the monarch
- Individual ministerial responsibility
- Salisbury Doctrine: HOL should not oppose a ruling parties manifesto
What are Authoritative works?
They are textbooks that explain the working of the political system, they are a guide that lack legal standing
Give an example of authoritative works
Cabinet manual details describing the procedure for a hung parliament
What is EU law?
They are agreements with EU member states which the government had signed. However it lacks legitimacy as an act of Parliament can bring it down
Give two examples of EU law
Maastract Treaty 1992
European Communities Act
What two pressures did Blair face towards constitutional reform?
Demands for modernisation
Conservative Rule
What is meant by demands for modernisation in terms of constitutional reform?
Old labour had adopted some political reforms such as extending the vote but they were primarily concerned with economic and social concerns
What is meant by Conservative rule as a pressure for constitutional reform?
The Conservative government has refused constitutional reform leading to a build up of pressure for change, especially in Scotland where they felt ignored and rejected UK policies (especially the poll tax). Thatcher trialled her controversial tax in Scotland. Accusations of sleaze created the climate of opinions
What were the constitutional changes under labour?
House of Lords reform Electoral reform Human rights act Devolution Supreme Court
What were New Labours reforms towards the House of Lords?
- Intended as a transitional reform, all but 92 hereditary peers were removed reducing labours opponents influence.
- Majority were life peers given a place based on merit reflecting the fields of business arts and the military
- From 2010 the House of Lords appointment committee appointed lords who were not affiliated with any particular party
What is the case for further House of Lords reform?
It lacks legitimacy as members are undemocratically elected but appointed
What is the case again House of Lords reform?
- We now have an upper house much based on merit
- Is assertively holds the government to account
- An elected upper chamber would mirror the commons and would be filled with professional politicians with potentially reduced expertise
What were electoral reforms occurred under New Labour?
Various forms of proportional representation was taken up in devolved bodies but nothing in England, critics argue that Labour were against reform after their smashing lead in the election.
What case is there for electoral reform?
- It has produced more proportional results in elections to the Scottish Parliament.
- It under-represents smaller parties
What is the case against electoral reform?
Rejecting AV after the referendum indicates there is no public appetite for change and the benefits of FPTP are undoubtably, producing strong government
What were the reforms Labour took in terms of Human rights?
- It incorporated the European Convention of Human rights into UK statute law enshrining rights like the right to a fair trial.
- All future legislation had to be compatible to ECHR
- Judges could make suggestions of amendments to parliament
What is the case for further human rights reform?
It is not entrenched so the government can take away certain liberties, there is suggestion of a British Bill of rights- this would give the judges a final say
What is the case for no reform on the human rights act?
It provides protection without undermining parliamentary sovereignty
What were the reforms that Labour took in terms of devolution?
The 1998 Scotland Act
The 1998 Government of Wales Act
The 1999 Good Friday agreement
This created devolved bodies for Scotland Northern Ireland and Wales
Why did Labour grant Scotland devotion?
To dampen support for Scottish independence
What are the factors for Devolutionary reform?
- It enables policies to meet the needs of people at a local level
- It helps to diffuse tension and create power sharing governments. In Northern Ireland it has helped to end the violence between the Unionists and the Nationalists
- The Current settlement is unbalanced I the way it applies to component parts, a federal system would create greater uniformity
- Scottish independence has been revived since the EU referendum suggesting that Scottish people feel ignored
What is the case that devolution should be left as is?
- There was popular consensus in Scotland that they should not gain independence suggesting their Current settlement is fine
- Blair gave a referendum to the North East in 2004 on whether there should be a devolved England, it was rejected
What where the reforms labour made in relation to the Supreme Court?
The 2005 Constitutional reform act
- This created the Supreme Court~ The highest court of appeal in civil and criminal cases
- Created the development of separation of powers between the three branches of power
- Created the judicial appointment Committee
What are the 2 overall points against constitutional reform?
- Lack of agreement on the need for reform
- It currently protects rights, recognises the need for autonomy and produces strong governments
What is overall point for constitutional reform
- It is incomplete and illogical, out of step with other Western Democracies
What were the coalition reforms towards the House of Lords and House of Commons?
No proposed legislation was passed:
- Proposals for a mainly elected upper house was blocked: 91 Conservative backbencher rebelled
- Reducing the number of MPS from 650 to 600 was blocked by the Liberal Democrat’s as the boundary reform would benefit the Conservatives. May has promised this will happen however by 2020
What were the coalition reforms towards electoral reform?
A referendum was held in 2011 o the AV referendum but this was voted against. It was a huge blow to the Liberal Democrat’s as this was seen as a major factor in the coalition agreement despite having to compromise from STV. It appeared more a vote against the Liberal Democrat’s than of AV
What were the coalition reforms towards the Human rights act?
The Conservatives wanted to replace the human rights act with the British Bill of Rights by was blocked by the Liberal Democrat’s
What were the coalition reforms towards devolution?
1) Wales - A 2011 referendum was held in Wales to propose further powers to the Welsh assembly receiving direct law making powers in all of the 20 policy areas
2) Scotland - The 2012 Scotland Act allowed them further powers such as control over landfill tax and stamp duty. After the vote to remain in 2014 they were given increased powers
3) England - The 2015 Conservative government solves The West Lothian Question with EVEL where English laws can only be passed through the approval of the Great Committee consisting of only English MPs
What was the Fixed Term Parliament Act?
Fixed Term Parliament Act 2011
This ended the prime ministers historic power to choose a date of a general election by establishing that a new parliament must be elected on a fixed date - every 5 years. It can be held early though with the agreement of 2/3 of MPs
What was the recall of MPs Act?
Recall of MPs 2015
It was in response to the lack of legal authority voters had over removing scandulas MPs who refused to resign. If an MP is sentences custodaly or is suspense from the commons for most that 21 days of 10% of constituents sign a petition they can call a recall and trigger a bi election in that constituency
What is meant by the West Lothian Question?
MPs from devolved bodies can vote on devolved issues in Westminster like Education
How does EVEL and how does it solve this issue
EVEL - English votes for English laws
To solve the West Lothian question. If a measure comes before the commons that concerns only England it will get approval from a Grant committee containing only English MPS
Why could it be argued that the fixed term parliament make changes to the power of the Prime Minister
It limits their royal perogative power that consist of the power to decide when to call an election
Why could it be argued that the fixed term parliament act does not make that much difference
If 2/3 of MPs agree or there’s a vote of no confidence an earlier election can be held. In 2017 the act was undermined when May called a snap election to increase her majority showing its possible to get around the act
Who chaired the committee the recommended House of Commons reforms?
Tony Wright
What changes were recommended under the Wright Reforms?
Chairs of HoC select committees to be chosen by MPS rather than the PM
Created Backbench business committee that choose topics for debate
What was the first debate chosen by the backbench business committee?
E petition
Justice for 96 Liverpool supporters at Hillsborough
In what circumstances can MPs be recalled under power of recall act
Sentenced to a custodial sentence
Suspended from commons for 21+ days
10% of constituents need to sign to trigger a bi election
Define quasi federalism
A government organised similar to a union of states under a central governments rather than the individual governments of the separate states
Define elective dictatorship
A government that dominates parliament usually due to a large majority and therefore has few limits on its power
Define separation of powers
Where the three key bodies of government each have their own powers. The principles of separation ensures that a system of checks and balances prevents too much power residing with one body
Define pooled sovereignty
Sharing of decision making between states in systems of international cooperation. A departure from unanimous decision making
Define confederacy
This is where power is delegated in multiple places, for example in Switzerland the government is weak
