constitution- paper 2 Flashcards
what is a constitution?
a set of laws establishing how a political system will function.
Stages of the development of the UK constitution
-Magna Carta
-Bill of Rights
-Parliament Acts
-European communities act
Magna carta
-1215
-before the Magna carter all political power lied with the monarch
-Magna carta limited power of the king and introduced new laws eg. right to a trial by jury
Bill of Rights
-1689
-Further restrictions on the monarchs power
-eg the king would rule along a permanent parliament, parliament would be a result of elections
Parliament Acts
-1911 and 1949
-reduced powers of the HOL
1911: veto power replaced with two year delaying power
1949: 2 year delay reduced to 1 year
European Communities Act
-1972
-EU= trade area
-EU laws binding on all members
-UK parliament no longer had sovereignty
two types of constitution
-codified
-uncodified
uncodified constitution characteristics
Flexible: any part can be changed easily
unentrenched: no different from statute laws, parliament can change the constitution as its sovereign
Non Judiciable: judges cannot challenge parliaments ability to make or change statute law
codified constitution characteristics
Rigid: Difficult to change, supermajority required
Entrenched: difficult to amend, constitution stands above the law
Judiciable: a court can decide if gov actions are “constitutional”
Sources of the uk constitution
-Statute law
-common law
-works of authority
-conventions
Statute law
-laws passed by parliament
-statute laws are sovereign
-eg 2015 recall of MPs act, MPs can be recalled after certain circumstances
Common Law
- laws developed by judges through decisions in individual court cases, rather than by statues
-fills gaps where statute doesn’t exist, providing legal principles to guide courts
-eg. Presumption of innocence
Works of authority
- books that have been written to explain the constitution and its content
-eg parliamentary practice by May, frequently quoted in the HOC
-lack legal standing but are treated with respect
conventions
-not laws but traditions developed through generations
-eg the Salisbury convention, HOL cannot obstruct legislation that was in the governing parties manifesto
constitutional reform that enhanced democracy
HOL act 1999: removed 92 hereditary peers from the HOLs
constitutional reform that decentralised power
-devolved powers and assemblies were established is Scotland, Wales, London and Northern Ireland
-eg. the Scotland act 1998, significant powers transferred from Westminster to new Scottish parliament
Constitutional reform that enhanced rights
Human Rights Act (1998) : enshrined the ECHR into UK law.
Freedom of Information Act (2000) : Anyone can access files from any gov body unless it threatens national security, making gov seem more transparent
Points FOR a constitution
Clarity:
clearly defines the structure of government and powers of institutions, providing consistency
Protection of rights:
ensures rights and and freedoms can not be overridden by the government
Limitation of Government Power:
establishes checks, preventing any one branch from becoming too powerful
Points AGAINST a codified constitution
-UK constitution provides effective politics
-gov power is already limited by elections
-difficult to write
