Examples- Constitution Flashcards
Examples of the UK’s constitutional flexibility
In 2011, the Fixed-Term Parliaments Act was enacted, limiting the Prime Minister’s ability to call snap elections and specifying conditions for early elections. However, the Dissolution and Calling of Parliament Act 2022 repealed this, restoring the Prime Minister’s power to call elections at will.
Examples of the limited number of amendments to codified constitutions
France- 24 since 1958
Japan- 0 since 1947
United States- 27 since 1787
Comparing the ability to deal with gun crime in the US and UK
The US Second Amendment, passed in 1791, guarantees widespread gun ownership but contributes to regular mass shootings, such as the Parkland (2018), Orlando (2016), and Sandy Hook (2012) tragedies. Efforts to amend it faced constitutional barriers even under a Democratic majority (2009-2011). In contrast, the UK lacks such entrenched laws; after the 1996 Dunblane massacre, Parliament swiftly enacted the Firearms (Amendment) Act 1997 to ban handguns, showcasing the flexibility of parliamentary sovereignty.
The Coronavirus Act (2020)
The Coronavirus Act (2020) enabled the government to implement emergency measures for the pandemic, including major restrictions on civil liberties such as a national lockdown. Due to the UK’s flexible constitution, it was enacted as ordinary statute law within just six days.
The Elections Act (2022)
The Elections Act (2022), passed by the Conservative Government without opposition support, introduced several changes to UK election rules, including a requirement for voters to present photo ID, which critics argue may disproportionately disenfranchise Labour voters. Additionally, the Act altered the Electoral Commission’s role, placing it under government minister oversight instead of maintaining its previous independence.
The Police, Crime and Sentencing Act (2022)
The Police, Crime and Sentencing Act (2022) altered the right to peaceful protest in the UK by imposing limits on excessively disruptive protests and allowing police to impose conditions on them, amending long-standing rights.
Examples of Federal Systems
USA (fifty states)
Australia (six states and three territories)
Russia (eighty-nine constituent parts)
Fusion of powers
Rishi Sunak, as Prime Minister and Head of the Executive, also serves as the MP for Richmond, making him part of the legislature. Leading the largest party in the House of Commons facilitated his invitation to the premiership. While he appoints judges on behalf of the King, this is primarily done on the advice of a commission by convention. Thus, the UK Prime Minister plays a role in all three branches of government.
The last three British Prime Ministers were all elected by less than 150,000 people:
Rishi Sunak – Won the Conservative leadership election having been publicly nominated by
197 Conservative MPs.
Liz Truss – Won the Conservative leadership election with 81,326 votes from Conservative
Party Members.
Boris Johnson – Won the Conservative leadership election with 92,153 votes from
Conservative Party Members.
Example Monarchical Governments
UK (Constitutional Monarchy)
Canada (Constitutional Monarchy)
New Zealand (Constitutional Monarchy)
Australia (Constitutional Monarchy)
Saudi Arabia (Absolute Monarchy)
Qatar (Absolute Monarchy)
Example Republics
USA (Federal Republic)
Ireland (Unitary Republic)
Germany (Federal Republic)
Examples of prominent individuals being subject to the Rule of Law
In 2022, Boris Johnson became the first Prime Minister to be interviewed under caution by police regarding the Partygate scandal, receiving a Fixed-Penalty Notice along with Rishi Sunak. In December 2018, Peterborough MP Fiona Onasanya was convicted of perverting the course of justice for lying about a speeding incident, sentenced to three months in prison, and removed as an MP in May 2019 under the Recall of MPs Act (2015).
The Independence of the British Judiciary
The British judiciary is intended to be independent and neutral from the government, a perception strengthened by the 2005 Constitutional Reform Act, which established the independent Judicial Appointments Commission for selecting senior judges.
Citizens have rights, and government power is not unlimited:
In 2004, the Law Lords heard A v. Home Secretary, a significant Human Rights case involving terror suspects held indefinitely at Belmarsh Prison under anti-terrorism laws. The Law Lords ruled that the UK government violated the European Convention on Human Rights and the Human Rights Act (1998) by detaining these suspects without trial, highlighting limits on government power over citizens.
Granting Royal Assent To Legislation
The last time a bill from Parliament failed to receive Royal Assent was in 1708 during the rule
of Queen Anne. This was when she refused to give Royal Assent for bill proposing to deal
with the Scottish Militia.
Examples of Statute Laws
The Scotland Act (1998) – This act established a devolved parliament and government in
Scotland.
The House of Lords Act (1999) – This act removed the majority of hereditary peers from
the House of Lords. It left only 92 hereditary peers sitting in the chamber.
European Union (Notification of Withdrawal) Act 2017 – This act triggered Article 50
and started the process of Britain leaving the European Union.
The controversy of the 2019 prorogation of Parliament
In August 2019, the Queen, on the Prime Minister’s advice, prorogued Parliament until October 14, which sparked controversy by limiting scrutiny of the Government’s Brexit Bill. Campaigner Gina Miller challenged this in court, leading to the Supreme Court ruling that the prorogation was unlawful and violated parliamentary sovereignty and representative democracy, rendering it null and void.
Famous Examples of Common Law
Murder – Murder has not been defined by Parliament. Instead, it has developed and evolved
as Common Law.
Contempt of Court – This refers to a range of offences relating to an action that may interfere
with the administration of justice. This is not defined in statute, but instead by previous judicial
decisions that have had to keep up with the changing way society works.
Example of Statute Law ‘filling the gaps’
In 1995, Parliament enacted the Disability and Discrimination Act, which prohibited employers from worsening an employee’s disability, but did not define “likely.” The term was clarified in the SCA Packaging vs Boyle case by the House of Lords, indicating that “likely” refers to something that might happen, not something that probably will. This definition has since influenced numerous other disability cases.
Example of judges interpreting Statute Law
The Equality Act (2010) mandates that employers and public bodies make ‘reasonable adjustments’ for individuals with disabilities. The term is ambiguous, so judges, especially in employment tribunals, determine whether these adjustments are adequately made. Each ruling sets a precedent for future cases.
Examples of Statute Law clarifying Common Law
Contracts (Rights of Third Parties) Act (1999) – The Common Law position on contract
law was that only the parties to a contract had the legal power to enforce it. This issue had
been widely criticised by lawyers, academics and judges. However, this Act clarified the law to
allow for a third party to enforce a contract if this was expressly indicated.
Crime and Courts Act (2013) - In 2000 a Farmer named Tony Martin shot two burglars and
was imprisoned for three years. It started a national debate over the issue. Only in 2013, did
the government pass Statute Law that offered clearer guidance on the issue, when the
government more clearly defined ‘reasonable force’, which could include an appropriate
weapon.
Examples of constitutional conventions in the UK
The UK Constitution includes numerous conventions, both unnamed and named.
Unnamed conventions:
- The Monarch acts on Ministerial advice.
- The party with an absolute majority is invited to form the government.
- Money Bills originate in the House of Commons.
Named conventions:
- Sewell Convention: Westminster consults devolved assemblies before legislating on devolved matters.
- Lascelles Principles: The Queen can refuse to dissolve Parliament under certain conditions (1950-2011).
- Posonby Rule: International treaties must be laid before the Commons for 21 days before ratification.
- Salisbury Convention: The House of Lords should not oppose Commons legislation from the governing manifesto.
- Denison Rule: The Speaker votes for the status quo in case of a tie (last used April 3, 2019, on Brexit votes).
New Conventions in the UK
Carswell Convention: Established in 2014 by Douglas Carswell, this convention requires MPs to resign and undergo a by-election to change parties. Mark Reckless followed this precedent when he left the Conservatives for UKIP. However, 11 MPs who joined Change UK in 2019 ignored this rule, raising doubts about its acceptance.
Hung Parliament Convention: Following the 2010 General Election, which resulted in a Hung Parliament, Gordon Brown remained Prime Minister for four days while Conservatives and Liberal Democrats formed a coalition. This event set a constitutional precedent for handling future Hung Parliaments.
Examples of conventions that have been ignored
Constitutional conventions are sometimes ignored, causing crises. In 1909, the House of Lords defied convention by rejecting Lloyd George’s People’s Budget, prompting King Edward VII to mediate. To avert future issues, King George V threatened to appoint new Liberal Lords, leading to the 1911 Parliament Act, limiting Lords’ legislative delays to two years.
In 2010, Nigel Farage challenged the Speaker, breaking the convention of no major party opposition to protect the Speaker’s independence. In 2015, the House of Lords controversially voted against tax credit changes, claiming it was not a money bill, thus ignoring convention.
Royal Prerogative Powers in the UK
o The Prime Minister can appoint and remove members of their own Cabinet.
o The Prime Minister can choose when to prorogue Parliament.
o The Prime Minister can order military action and sign international treaties. The 2015 bombing
of Syria is an example of this.
o The Prime Minister can make appointments to the House of Lords.
Uses of the Recall of MPs Act (2015)
Ian Paisley Jr (DUP MP): Suspended 30 days for failing to declare money from Sri Lanka; only 9.4% of constituents supported recall petition.
Fiona Onasanya (Labour MP): Imprisoned for lying about speeding; 27.6% supported recall petition, but she did not run in the byelection.
Christopher Davies (Conservative MP): Convicted for false expenses; 18.9% signed recall petition; lost byelection to Liberal Democrat.
Examples of Devolved Powers
Scotland – Health, Education and Housing
Wales – Health, Education and Agriculture
Northern Ireland – Policing, Prisons and Housing
London – Transport, Policing and Housing
Examples of Reserved Powers
Constitutional Matters
Defence Policy
Foreign Policy
Examples of the Supreme Court arbitrating on the political process
In 2014, the UK Government contended that the Welsh Government overstepped its devolved powers with a bill on agricultural wages, viewing it as industrial policy. The Supreme Court ultimately ruled in favor of the Welsh Government. In 2022, the Scottish Government proposed a draft bill for a second independence referendum, but the Westminster Government deemed it outside the Scottish Parliament’s legislative competency. The Supreme Court agreed, preventing the referendum bill from proceeding.
Post-2015 Examples of the West Lothian Question
On 9th March 2016, the Conservative Government’s attempt to relax Sunday Trading Rules in England and Wales failed 317 to 286, largely due to 59 SNP MPs voting against it despite its irrelevance to Scotland. On 14th March 2018, 8 DUP MPs supported the Conservative move to eliminate thousands of Free School Meals in England, which did not affect their Northern Ireland constituents.
Powers of Different Metro-Mayors
Greater Manchester: Planning, Housing, Policing, Waste, Skills, Justice, Health, Transport.
West of England: Planning, Transport, Adult Education.
Liverpool City Region: Transport, Economic Development, Regeneration.
A New Magna Carta?
The 800th anniversary of the Magna Carta in 2015 sparked debates about the British constitution, leading the House of Commons Political and Constitutional Reform Committee to create a taskforce, dubbed the ‘New Magna Carta,’ to gather views from various stakeholders. Alan Renwick of the University of Reading proposed a ‘constitutional convention’ to engage citizens and notable figures in discussing these issues, similar to the U.S. constitutional convention in Philadelphia.
Charter 88 (Now Unlock Democracy)
Charter 88, a pressure group formed in 1988, aimed for major UK constitutional reforms, including a codified Bill of Rights, reform of the House of Lords, increased devolution, and a codified constitution. Since 1977, 85,000 people, including notable signatories like Harald Pinter and John Cleese, have supported it, with backing from the Liberal Democrats. In 2007, it merged with the New Politics Network to create ‘Unlock Democracy’.
Electoral Reform
In the 2015 General Election UKIP won 3.8 million votes (12.6%). They received 1 MP.
In the same election the Liberal Democrats won 2.4 million votes (7.9%). They received 8 MPs.
Many people believe that this level of national disproportionately cannot be tolerated.
2019 General Election
In the 2019 General Election it took the following number of votes on average to elect a
member of the following party:
38,264 votes on average to elect a Tory MP
50,718 votes on average to elect a Labour MP
865,707 votes on average to elect a Green MP
Lowering the Voting Age
In 2017 a Labour MP Jim McMahon put forward a Private Members Bill to lower the voting
age to 16. However, this bill was subject to a number of filibusters by Conservative MPs and
time ran out to push the bill to the next stage.
