nature + source of the uk constituion

Question 1

4 essential components to the british constitution

Answer 1

unitary, uncodified, parliamentary sovereignty, rule of law

Question 2

what is rule of law

Answer 2

no one is above the law not parliament nor the monarch

Question 3

what does uncodifed mean?

Answer 3

The British constitution is found in various places in multiple forms and evolves in line with changing social attitudes

Question 4

what does unitary mean?

Answer 4

Most of its power is centralised in west minister

Question 5

5 historical sources of the british constitution

Answer 5

the royal prerogative, statute law, common law, works of authority and conventions

Question 6

What is the royal prerogative and an example

Answer 6

(highly significant) It enables ministers the approach the monarch and seek approval EG in 2019 boris johnson approached the Queen to suspend/prorogue parliament for longer than the 5 week norm.

Question 7

What is statue law and a relevant example

Answer 7

An act of parliament (statute) is a law made by parliament, it starts as a bill and is passed by both houses to then be given royal ascent. EG representation of peoples Act of 1969 that lowered the voting age from 21 to 18

Question 8

What is common law and a relevant example

Answer 8

Case/precedent law that has been developed by judges and courts, it will have been stated in individual trials and then has precedent on future cases. Applies to the population equally but statutes can be made like EG granting the disabled rights to the preferential parking space

Question 9

what are conventions and a relevant example

Answer 9

They are unwritten rules or procedures that are generally agreed too, an understanding of how something should be done, a courtesy EG the monarch appoints the PM that will most likely be able to command the confidence of parliament.

Question 10

When was a convention last defied by a monarch and why is it important today?

Answer 10

In 1707 when queen anne refused to sign the scottish militia bill making the most important convention being that the monarch must give royal assent to every bill passed

Question 11

What is a work of authority?

Answer 11

a collection of books that have been unofficially agreed as an authority what is and how the constitution works

Question 12

what are the 3 works of authority?

Answer 12

1867 walter bagenots the english constitution
1844 ershine mays parliaments practice
2010 cabinet manual

Question 13

what was the aim of walter bagenots 1867 the english constitution

Answer 13

To distinguish between dignified and efficient aspects of the constitution, making the monarch the dignified due to its limited role and parliament efficient due to its larger role

Question 14

What is ershine mays 1844 parliamentary practice and how is it used today

Answer 14

Seen as the bible of procedure and is often referred to by Lindsay hoyle the speaker to determine how to proceed EG John Bercow the old speaker stopped Theresa may in 2019 bringing back her Brexit withdrawal deal to be debated for a third time citing a 1604 convention

Question 15

What is the 2010 cabinet manual

Answer 15

A document published. y the cabinet office outline rules and procedures for the operation of parliament. It indented to act as a clarifying device to formerly unwritten constitutional conventions

Question 16

Why is the 2010 cabinet manual critiqued famously who by

Answer 16

In 2011 Gus o’donnell argued ‘it is not a constitutional innovation’ as it merely put into place what had previously been set out

Question 17

what are the 5/6 historical milestones in the development of the constitution

Answer 17

1215 magna carta
1689 bill of rights
1701 act of settlement
parliament acts 1911 and 1949
the European communities act 1972

Question 18

why was the magna carta written

Answer 18

it was written as a result of the political crisis following king john being accused of having too much power, barons were sick of paying for his wars

Question 19

what is the purpose of the magna carta

Answer 19

it represents the first formal limitations on the monarchs power, placing them under the rule of law

Question 20

what is the purpose of the 1689 bill of rights

Answer 20

the initial main purpose was to declare various practices of jamesIII as illegal seeking to eliminate royal inter fence in parliamentary matters

Question 21

how did the 1689 bill of rights aim to reduce the monarchs power

Answer 21

reduced royal interference in parliamentary matters, making all elections free with members having freedom of speech and voting by establishing parliamentary prominence over the monarch

Question 22

why was the 1701 act of settlement created

Answer 22

designed to secure the protestant succesion of the throne and strengthen the guarantee of a parliamentary system of government

Question 23

what does the 1701 act of settlement outline and an example

Answer 23

it lays down the conditions to which the crown could be held (church of england) and further restricted the powers and prerogatives of the crown EG parliamentary consent must be given to go to war, it established judicial independence

Question 24

What is the 1911 parliament act

Answer 24

It prevented the house of lords from outright blocking a bill making it so they could only veto it for two years also reducing the lifespan of a parliament from 7 years to 5

Question 25

why was the 1911 parliament act introduced

Answer 25

David lloyd George’s “people’s budget” of 1909 was blocked

Question 26

what is the 1949 parliament act

Answer 26

Meant the house of lords could veto a bill for only 1 year

Question 27

What is the 1972 european communities act

Answer 27

An act that meant that all British legislation must be inline with international EU laws and legislation

Question 28

4 reasons why the british constitution should be codified

Answer 28

clarity removes vagueness limits governments protects human rights

Question 29

4 reasons why the british constitution should stay uncodifed

Answer 29

flexible evolution not revolution no demand gives judges too much power

Question 30

how should the magna carta be viewed favourably?

Answer 30

it limits the power of an overreaching monarch it sets out principles of equal access and equality has had a major impact on future peace treaties and human rights acts

Question 31

how should the magna carta be viewed unfavourably?

Answer 31

Specific to its period, it intended to be a peace treaty but was unsuccessful in that as ten weeks later pope innocent III nullified the agreement plunging england into internal war. the rights were for rich landowners or barons , common people were not included the right to justice remains but overall only four clauses do remain

Question 32

how is the act of settlement viewed favourably?

Answer 32

protestant line of succession secured, this brought an end to over a hundred years of turmoil between protestant and roman catholic monarchs to an end a clear bloodline was agreed

Question 33

how should act of settlement be viewed unfavourably?

Answer 33

undemocratic, anti catholic discriminatory placed first born women behind second born males

Question 34

how are the parliament acts of 1911 and 1949 viewed favourably?

Answer 34

stopped unelected lords from overthrowing acts that had been set out in manifestos prevented lords from preventing ‘the peoples budget’ that outlined unprecedented taxes on la downers and businessmen

Question 35

how should the bill of rights be viewed favourably?

Answer 35

less interference from monarchs and more power to parliament freedom of speech within parliament no taxation without parliament approval

Question 36

how should the bill of rights be viewed unfavourably?

Answer 36

parliament was in the power of the privileged, therefore power remained in the hands of the privileged no freedom of speech outside parliament the common people were still not included in any rights and would still be taxed by the privileged

Question 37

what were 3 recent constitutional developments and who were they brought in by

Answer 37

house of lords act 1999 blair constitutional reform act 2005 blair house of lords act 2014 blair

Question 38

what was the one recent failed constitutional development and who attempted to implement it

Answer 38

house of lords reform 2012, cameron

Question 39

what was the house of lords act 1999

Answer 39

removed all but 92 hereditary peers and created life peers

Question 40

what is the constitutional reform act 2005

Answer 40

removed the law lords from the house of lords and created the supreme court at middlesex guildhall establishing a separation of powers between the executive and the judiciary

Question 41

what was the house of lords act 2012

Answer 41

a failed act that was blocked by 91 tories that proposed 80% of lords be elected

Question 42

what was the house of lords act 2014

Answer 42

an act that meant lords/ladies could retire

Question 43

how successful were the house of lords reforms? (sc example and both sides)

Answer 43

the removal of the law lords created a separation of powers that allowed the government to be scrutinised by an outside separate body, successful when it stopped the 9 week prorogation of parliament by johnson in 2019 that would’ve prevented debate/voting on Brexit (g miller vs ), but it can be seen as a threat to parliamentary sovereignty as johnson was well within his prerogative powers to do so

Question 44

how successful were the house of lords reforms? (hol’s with example)

Answer 44

made the house smaller, more diverse, less conservative heavy with 261 tories in 2023 and had made it easier to remove lords as previously you could only remove them through the 1917 titles deprivation act that was implemented to remove ‘enemies’ during WW1 so wasn’t relevant anymore but now the 2014 hol reform act meant they can be removed for ‘gross misconduct’

Question 45

what is devolution

Answer 45

the transfer or delegation of power from a central body to a lower level with a smaller juradisction

Question 46

what are the two acts regarding devolution

Answer 46

scotland and wales act 1997 scotland, wales, northern ireland, wales act 1998

Question 47

what was the scotland and wales at 1997?

Answer 47

allowed for a referendum to be help over the creation of devolved assembles, both voted yes

Question 48

what was the scotland, wales, northern ireland act 1998?

Answer 48

subsequent of the 1997 referendum, set up elected devolved assemblies, created the scottish parliament

Question 49

what was the main recent human rights act?

Answer 49

the 1998 human rights act

Question 50

what did the 1998 human rights act do?

Answer 50

it encorporated the echr into uk law, guarentting the fundamental human rights into law

Question 51

why was the echr created

Answer 51

in the wake of the holocaust to protect the people from the state, churchill was crucial in the drafting of this document

Question 52

why was the human rights act 1998 so important

Answer 52

despite signing the bill in 1951 it took until 1966 for individuals to petition to take their case the the ecthr a lengthy and costly process but the 1988 encorporation into uk law meant it could be heard in a uk court

Question 53

what are three other hr acts?

Answer 53

freedom of information act 2019; access to info held by public bodies data protection act 2018;meant more stringent rules were put in place on handling and storing personal data equality act 2010- brought together 116 separate measures to combat discrimination

Question 54

4 impacts of the hra

Answer 54

-public authorities must uphold human rights - the courts must interpret legislation in line with human rights -the government must assess whether legislation is in line with human rights - the courts may review previous or potential parliament acts - all individuals living under the uk government’s jurisdiction may claim breaches of their human rights (including immigrants)

Question 55

what are the 2 constitutional law ‘issues’?

Answer 55

-the echr takes precedent over uk law because of section 2 of the hra , some believe the uk should be in charge of themselves -gives the judiciary too much power, implicit appeal gives judges the right to interpret the law how they wish, declaration of incompatibility pressurises the government and often forces the rejection of bills

Question 56

what rights issue does the hra/echr propose?

Answer 56

human rights inflation, they have gone from preventing world wars to a personal gain ‘suing’ issue

Question 57

examples of 4 individual rights

Answer 57

the right to privacy the right not to be discriminated against right to freedom of speech right of employees to not be cooerced or intimated by others into taking industrial action

Question 58

4examples of collective rights

Answer 58

-right of religious groups to express and live their beliefs -right of free press to investigate and run stories that they believe are in public interest -right of groups to not be subject to hate speech people who are suspected of terrorism or other violent crimes may have their phones tapped

Question 59

what is the example for individual rights being violated

Answer 59

a gay couple were denied a room at a bnb in 2006 by the christian owner who said it went against her convictions to have two men sleep in the same bed

Question 60

why were their rights violated

Answer 60

it is illegal to discriminate against sexuality under the equality act of 2006, and the owners directly discriminated against them

Question 61

what is the example for individual rights not being violated

Answer 61

a bakery in belfast owned by an evangelical family refused to bake a cake with bert and ernie on it because of what the symbol represented

Question 62

why did the bakery win their case on individual rights

Answer 62

because they objected to what the symbol represents and says going against their personal principles not because of the cause

Question 63

what are the three sections of recent constitutional developments

Answer 63

devolution, human rights reforms and modernisation