Nature And Sources Of The Constitution (UK Gov 1)

Question 1

Magna Carta

Answer 1

-1215
-first instance of monarchs power being limited and fair trials

Question 2

Bill of rights

Answer 2

-1689
-established parliamentary sovereignty

Question 3

Act of settlement

Answer 3

-1701
-judiciary become free from interference (judicial independence)

Question 4

Act of union

Answer 4

-1707
-unfified the UK by placing Scotland under Westminsters power

Question 5

First parliament act

Answer 5

-1911
-lords cannot delay money bills
-can only delay other bills for 2 years

Question 6

Second parliament act

Answer 6

-lords can now only delay bills for one year

Question 7

European communities act

Answer 7

-1972
EU law becomes sovereign over uk law as we join the EU

Question 8

EU Withdrawl act

Answer 8

-2019
-removed UK from EU (re-establishment of parliamentary sovereignty)

Question 9

Nature of the UK constitution (6):

Answer 9

-unentrenched (no specific procedure for amendment)
-uncodified (not written into one document)
-unitary state
-constitutional monarchy
-rule of law
-parliamentary sovereignty

Question 10

The twin pillars

Answer 10

-parliamentary sovereignty
-rule of law

First set out by AV Dicey

Question 11

Sources of the uk constitution (5):

Answer 11

-statue law
-common law
-conventions
-authoritative works
-international laws/ treaties

Question 12

Examples of constitutionally significant statue laws

Answer 12

-parliament acts
-representation of the people (1969)
-Human rights act (1998)

Question 13

Examples of common law

Answer 13

-the royal prerogative (powers of the monarch exercised by government ministers)
Exemplified when Johnson tried to prorogue parliament in 2019 and May tried to trigger article 50 in 2017

Question 14

Examples of conventions

Answer 14

-Salisbury convention (lords shouldn’t block manifesto)
-Sewel convention (UK parl shouldn’t legislate on matters affecting devolved bodies without their consent)
-Collective ministerial responsibility (MPs should be in public agreement with the government always)

Question 15

Examples of authoritative works

Answer 15

-Erskine May
-Bagehotes’ “the English constitution”
-Dicey’s “introduction to the study of the law of the constitution”

Question 16

Rights reforms under Labour

Answer 16

-1998 HRA (codifies 1953 ECHR)
-2010 Equality act (collates 116 laws into one)
-2000 Freedom of information act

Question 17

Devolution reforms under Labour

Answer 17

-1998 Scotland act (follows referendum with 74% voting yes)
-1998 Northern Ireland act (follows 71% referendum and Good Friday agreement)
-1998 government of wales act (follows 50.3% referendum)
-1999 Greater London authority act (follows 72% referendum)

Question 18

Constitutional reforms under Labour

Answer 18

-1999 House of Lords Act (Removes all but 92 hereditary peers)
-2005 constitutional reform act (eradication of Lord chancellor as member of all 3 branches and forms SC)

Question 19

Electoral/ democratic reforms under Labour

Answer 19

-2000 Electoral commission established
-PR systems introduced in devolved bodies and EU elections
-Jenkins report advocated for AV over FPTP but never implemented

Question 20

Constitutional reforms under coalition

Answer 20

-2011 fixed term parliament act (removed prerogative power so that elections can’t be held at politically advantageous time)- repealed by dissolution and calling of parliament act 2022
-2014 HoL reform act (gives lords the ability to resign or be removed or retire)
-2015 recall of MPs act (MPs can be recalled if given a custodial sentence, suspension r made false monetary claims with support from 10% constituency)

Question 21

Devolution reforms under coalition

Answer 21

-2012 Scotland act (gives Scottish parliament the power to vary income tax by 10p in £1)
-2014 Wales act (change name of welsh government to Senedd Cymru and a few taxation powers)

Question 22

Rights reforms under coalition

Answer 22

-2012 protection of freedoms act (increased protection from the state for citizens)
-2013 Marriage act (legalises gay marriage)

Question 23

Devolution reforms post-2015

Answer 23

-2017 wales reform act (increased taxation powers)
-2016 Scotland act (full power to set income tax rates)

Question 24

Controversial acts post 2015

Answer 24

-2024 asylum and immigration act (breach of HRA)
-2019 EU Withdrawl act (left Brexit, could argue an infringement of the Sewel convention)

Question 25

Devolution in Scotland

Answer 25

-administrative, financial and legislative
-powers include income tax (as of 2016), uni tuition fees and curriculum and justice
-Holyrood= 73 FPTP MSPs and 56 AMS MSPs
-strong appetites for independence (2014 ref= 85% turnout)

Question 26

Devolution in Wales

Answer 26

-administrative and legislative (on reserved matters only)
-same areas as Scotland but less freedom (e.g. no control on police)
-income tax power since 2014
-40 FPTP members, 20 AMS

Question 27

Devolution in Northern Ireland

Answer 27

-power sharing devolution between unionists and nationalists
-cooperation tax (lowest powers)
-unstable stormont (NI came under power of Westminster from 2017-2020 because of this)
-108 MPs elected by STV

Question 28

Barnett formula

Answer 28

-formula used to calculate money given to devolved states per capita
-criticised for causing financial imbalance (2019= devolved bodies received 129% more per capita than England)
-beneficial as any left over money can be invested into whatever the government thinks best

Question 29

Devo max

Answer 29

When a state has fully devolved (nowhere in UK currently has this)

Question 30

Successes of devolution

Answer 30

-2006 Scotland banned smoking in public and by 2007 it was banned across the UK
-historically there has been more female representation in devolved assemblies

HOWEVER devolved elections have had much lower turnout

Question 31

West Lothian question

Answer 31

Is it fair for MPs from devolved states to vote on matters concerning England and Wales only
-e.g. in 2018 8 DUP members voted in favour of making cuts to free skl meals in England and wales only

Question 32

EVEL

Answer 32

-English votes for English laws
-2015-2020
-abolished in pursuit of Scottish conservative popularity
-could be argued as undemocratic
-could also be argued as more democratic and legitimate

Question 33

Metro mayors

Answer 33

-mayors existing in large cities in England (currently 9)
-powers of local transport, housing and jobs/skills
-success= 2023 Manchester mayor deprivatises local buses to reflect local identity and community
-failure= 2023 Andy Street of West Midlands threatened to resign over Sunak’s HS2 scrapping

Question 34

Why is the UK “quasi-federal”?

Answer 34

-no state has devomax, but devolution in some areas has lead to the idea of a less unionist nation

Question 35

Why could a codified constitution be potentially beneficial?

Answer 35

Could more robustly protect rights, prevent elective dictatorship and maybe establish a fully elected second chamber (should you think thats a good thing)