Content Shittt Flashcards
Sources of the UK Constitution
Statute Law
e. g. Human Rights Act (1998)
e. g. Freedom of Information Act (2000)
Common Law
e.g. Royal Prerogative
Conventions
e. g. Individual and Collective Ministerial Responsibility
e. g. The appointment of the Prime Minister
Authoritative Texts
e.g. The English Constitution (1867)
EU Law
e. g. Treaty of Rome (1957)
e. g. Treaty of Lisbon (2009)
Principles of the UK Constitution
Parliamentary Sovereignty
> Parliament is the highest authority in the UK
> Can make, amend or repeal any law it wishes
> Can’t bind its successors or be bound by its predecessors
Rule of Law
> Nobody is above the law
> Everyone has to abide by the law - even the Queen and government ministers and other elected officials etc
Parliamentary Government
> The government sits in Parliament
> We elect a government that is accountable to Parliament
Constitutional Monarchy
> Where the monarch is still the head of state but is restricted by the Constitution
> The monarch has a primarily ceremonial role
EU Membership
> EU law supersedes UK Law
> We are members of the EU
Strengths of a codified constitution
Limited government
Protecting Human Rights
Clarity
Higher Law and Entrenchment
Weaknesses of a Codified Constitution
Rigid and lack flexibility - entrenched
Gives unelected judges too much power
Doesn’t create a strong and stable government
No pressure for a change in the UK
Tony Blair’s Government Constitutional Reforms
Devolution (1999) > Scottish Parliament > Welsh Assembly > Northern Irish Assembly > More power away from Westminster
Incorporation of of the ECHR into UK Law (2000)
> ECHR doesn’t supersede Parliamentary Law
> Become a standard to judge other legislation against
Freedom of Information Act (2000)
> Gives citizens more power to view information about themselves
> Allows Parliament and the media more authority to access official papers etc.
House of Lords Reform (1999)
> Removal of the majority of the unelected hereditary peers
> Only 92 remain
Constitutional Reform Act (2005)
> Abolition of the Lord Chancellor’s Role
> Creation of the Supreme Court
> Away from Westminster
Human Rights Act (1998)
Principles of Tony Blair’s Reforms
Democratisation
> Attempts have been made to introduce more proportional voting systems and introduce some reforms to the Commons and Lords
Decentralisation
> Efforts to decentralise power away from Westminster
> Scottish Parliament + Welsh Assembly + Northern Irish Assembly
> Directly elected Mayors and PPCs
> Reforms to local government
Restoration of rights
> Promote rights and freedoms
Modernisation
> Bring the UK into line with other democracies
Successful Coalition Government’s Constitutional Reforms
Fixed Term Parliaments (2011)
> A general election held every 5 years
> Reduces government power
> Can’t just hold a general election whenever they want
Greater backbench control of the Commons
> Backbench Committee was set up in 2010
> Meets once a week
Greater use of e-petitions
> Important to give the public more of a say in parliamentary debates
> If an e-petition gets ore than 100,000 signatures, its results in a debate in the House of Commons
> Debates held are on backbench MP’s time
Elected Select Committee Chairmen
> Implement the Wright Committee’s recommendation
> Chairmen are nominated and elected by MPs
> First election took place in June 2010
Power to recall MPs (2015)
> MPs can be voted out of power if they are found guilty of wrong doing
> A by election can be called if an MP is jailed for more than one year
> Called for by other MPs, not the public
European Union Act (2011)
> Making future EU treaties subject to a referendum lock
> The cause of the 2016 EU Referendum
Unsuccessful Coalition Government’s Constitutional Reforms
Alternative Vote Referendum (2011)
> Promoted by Nick Clegg (after increased uni fees)
> Only 41% turnout - 67% voted no
House of Lords Reform (2012)
> The Lords Reform Bill was withdrawn before it could be passed through
Planned reduction of the HofC to 600MPs (2013)
> Aborted
Strengths of an Uncodified Constitution
Not entrenched
> Easy to change
> Prevent it from becoming outdated
Provides strong and accountable government
> A majority government in the HofC can be a powerful force for social and political change
Adaptable
> UK’s Constitution is a reflection of society
> Susceptible to evolutionary change in society
Weaknesses of Uncodified Constitutions
Poorly protected rights
Weak power of judicial review
> Parliamentary Sovereignty + Uncodified Constitution = Weak Judicial Review
Supreme Court can’t declare an act of Parliament as Unconstitutional
> Parliament has unlimited power
Dunblane School Massacre (1996)
A man (in the UK) entered a school, armed with four handguns > Shot and killed 16 children and 1 adult before committing suicide
Caused a public outcry
> Snowdrop petition collected over 750,000 signatures
Conservatives passed the Firearms (Amendment) Act of 1997
> Banning all handguns except for .22 calibre shot-guns
New Labour passed the Firearms (Amendment) (No.2) Act of 1997
> Banning .22 calibre shot guns all together
Uncodified Constitution allowed this because:
> Parliamentary Sovereignty
> Flexibility and the ability to evolve the constitution to adapt to society
> Parliament can pass or repeal or amend an law it wishes
The Sandy Hook Elementary School Shooting (2012)
A man (in the USA) entered the school armed with an assault rifle > Shot and killed 20 children and 6 adults before committing suicide
Caused public outcry
> Within 15 hours, 100,000 people signed a petition at President Obama’s “We the People” petitioning website
Obama vowed to use his power to make changes
> Yet… there were 16 mass shootings in America in 2012
Codified Constitution didn’t allow this because…
> Entrenched 2nd Amendment
> Fundamental Law
> Supreme Court can declare gun control laws to be unconstitutional
Conservatives 2015 election manifestos and constitutional reform
Devolution to Scotland
> Keep the Barnett formula
> Further devolution in areas such as tax, spending, welfare, health and social care
Devolution to Wales
> More responsibility for the Welsh Assembly
Devolution to Northern Ireland
> Devolve full control over corporation tax
Devolution within England
> English votes for English Laws
> Building a northern powerhouse
> Support elected metro mayors
EU
> In/Out referendum by the end of 2017
> Renegotiate the terms of British membership and reform the institution
Human Rights
> Replace the HRA with a British Bill of Rights
Voting
> Reduce the number of MPs from 650 to 600
> Changing the constituency boundaries - equalise the size
> Keep FPTP
House of Lords
> An elected element but not during this Parliament
> Address the size of the chamber and retirement of peers
Strengths of an Uncodified Constitution
Flexibility
> Not entrenched
> Can evolve and respond easily to changing circumstances
Provides a strong and stable and decisive government
> Not constrained by constitutional rules
> Government’s mandate is normally clear
It works
> Has stood the test of time
> Uncodified Constitution remains part of Britain’s political traditions
Parliamentary Sovereignty
> Makes the government relatively accountable
> Everyone knows who is to blame if the law isn’t in the best interest of the country
Unitary
> Helps to maintain national unity
Independent judiciary
> Ensures that the rule of law is maintained
> Judges are free from external biases (MPs etc)
> Judges can rule correctly and fairly without the risk of backlash for their decisions
Collective form of government
> The executive and legislative branches work together
> Unlike the US system where they are all separate
Weaknesses of an Uncodified Constitution
Too flexible Governments can have too much power Old Fashioned Parliament is weak Power is too centralised Individual Rights No reference point for the public
