Mr Stepney - Constitution Flashcards
Explain and analyse the significance of the 3 sources of the constitution - 9 marks
Statue law:
-law created by parliament
-executed by cabinet and enforced by courts
- most significant source
- representation of the peoples acts - 1918,1929,1969
- goes through the hol,hoc, and monarch
Common law:
-made by judges, common to everyone in every region
- not set in law - can be overturned
- formed on the basis of precedents set in previous cases
-e.g royal prerogative - declaring war
Conventions:
-rules or norms of behaviour that are considered binding
-not codified or legally enforceable
-less significant
-unclear
-e.g - royal assent is always granted
Explain and analyse 3 ways in which the constitution has changed since 1997 - 9marks
Human rights activists -1998
-1950 ECHR - to ensure states upheld this they established the court ECHR
- was expensive so passed HRA
- enshrined most the provisions from ECHR
- uk courts can declare legislation incompatible with ECHR
Devolution - 1999
- transfer of legislative powers from central to sub national institutions
- 1999 Scottish independence referendum gave powers on education, health, and local govt e.g free prescriptions
Freedom of information act - 2000
- established general right of access to recorded info held by more than 100,000 public bodies
- helps journalists
-has 24 exceptions- 9 are absolutes
The British constitution has stood the test of time extremely well and needs no major reform - 25 marks
Agree:
- uncodified - flexible so can amend to reflect changing fews e.g devolution in response to Scotland’s rising nationalism
- long period of democratic rule - power vested in hoc and unelected judges influence is minimal e.g 2010 coalition conservatives dominated with their manifesto over Lib Dem
- government is accountable to parliament and the electorate - scrutinies
- 2 party election - one party will and the other will lose and pay the price at the polls
- HOL reform act - parliament act 1949
Disagree:
-outdated and undemocratic - key elements of common law such as royal prerogative and hol dates back to medieval times (pre democracy)
- lack of clarity - uncodifed meaning its open to interpretations e.g conventions like royal assent will always be granted
- human rights not fully protected as it can easily be overturned
The British constitution provides very weak protection for citizens rights - 25 marks
Agree:
- concentrated power in govt. little to limit the power
- Blair’s huge majority in 1997 means he can pass any law without opposition-faced no defeats
- uncodifed not entrenched so laws can easily be overturned whereas the American bill of rights guarantees civil rights
Disagree:
- passing of the human rights act means everything must be compatible with it - Poundland case the worker was underpaid and Supreme Court addressed the issue
- equality act 2010 - legally protects people from discrimination in the workplace - it replaced the anti-discrimination with a single act making it more clear
Means easier to understand and greater protection
European communities act - 1972
Allowed the uk to join the eu
European economic community - eec
This helped to build the British economy
This directly tied us to Europe - marks the first time since 1708 that another institution took priority over parliament
The parliaments acts 1911/49
Signed to great health insurance and other social reforms
This rediuced the time of parliament from 7-5 years
Bills could only be delayed for 2 years (1911) then for 1 year (1949)
Thus is significant as it shifted power from hoc to hol
The act of settlement - 1701
Was signed because parliament did not want a caloric monarchy
This ensured Protestant succession
This made it so judged could not be removed without parliament contest, the monarchy cannot make decisions alone, and Protestant kings only
This is still in power today
The bill of rights - 1689
-Locke believed people were entitled to freedom from govt.
This gave politicians protection
It meant only parliament could pass or remove laws, free elections were establised
Was significant as rights were vague and easily interpreted and removed royal interference
Established the legal position of the army
Manga carts - 1215
King john was abusing his powers so this made it so:
Could not raise tax without consent
Right to trial by jury was guaranteed
Nobles could select a committee of 25 men to scrutinise the king
Codified
Single, authoritative document that sets out laws, rules and principles
Uncodified
Laws and rules are not found in one single document
Constitution
Body of laws/rules and practices that sets out the way a state is organised
Unitary state
Centralised state with political powers at the centre e.g uk
Federal state
State divides decision making powers between national and regional tiers of govt. e.g usa
Devolution - Northern Ireland -1999
Primary legislation on education and health
- as suspended due to the NI energy scandal
50.3%
