the consitution Flashcards
developments of the constitutions
Magna Carta 1215- agreement to prevent abuse of power
rule of law - everyone equal and subject to it including the monarch
Bill of Rights 1689- established the idea that the monarchs power relies on parliament
Act of Settlement 1701- settled the succession o the crown to only protestants
1911 Parliament Act
prevented Lords from delaying money bills and other bills for more than 2 years in replacement of ability to veto public bills
removed the right to veto any money bills
1949 Parliament Act
prevented Lords delaying bills further down to 1 year
1972 European Communities Act
legislation that entered Britian into the EEC which later became the EU
nature of the constitution
parliamentary sovereignty- parliament is supreme and ultimate
authority sits within it. no parliament can bind its successor BUT is limited by PGs, public opinion and trading partners
rule of law- everyone including govt is accountable to the law. everyone is entitled to fair trial
uncodified- not written down in one place, made up of multiple documents
unentrenched - no specific procedure for amendment
sources of the constitution
statute law- laws made by parliament e.g 2005 Constituional Reform Act. most important laws due to parliamentary sovereignty
common law- made up of customs and judicial law e.g Royal Prerogative
conventions- customs and traditions that are accepted as the way of doing things. can be removed or made into permanent statue law. Salisbury convention - HoL cannot oppose a 2nd or 3rd reading regarding a policy included in a govt mandate
authoritative works
history of UK rights
Magna carta 1215, Bill of Rights 1689, ECHR 1953, Human Rights Act 1998, Equality Act 2010
Human Rights Act 1998 in use example
Abu Qatada a Jordinian national, deemed to have connections to a terrorist group would not be deported in 2012 because evidence used against him was gained through torture.
Reasons for effectiveness of HRA 1998
-rights became enshrined in a clear way
-must be complied to by a legislation
-citizens can ensure their rights through the courts
Ineffectiveness of HRA 1998
-not entrenched or codified and could be replaced easily
-it cannot overturn legislation
-subject to a majority parliament
House of Lords Act 1999
success and failures
removed all but 92 hereditary peers, became a mostly appointed chamber
did enough- made it a more legitimate, professional body
-people can represent underrepresented groups
- life peerages means they dont have to worry about elections or removal
-life peerage means Lords will consider long term effects of policies
need for more reform- still 92 unelected hereditary peers which is outdated in a meritocratic society
-26 Bishops but no representation of any other religion - does not reflect uk demographic
- very large and very costly over 800 memebers
2005 constituional reform act
-seperated govt and judiciary
-formed SC seperating judiciary from parliament
-reformed the appointment proccess
-replaced the law lords
-SC now much weaker than its counterparts
-not very diverse
- govt do not have to follow their instructions
Acts of settlement 1701
-stated only a Protestant could become a monarch and
-gave control over the line of succession to the throne to Parliament
-followed by acts of Union
-this established Union of Scotland (1707) and Ireland (1801) to form GB
The bill of rights 1689
Established the idea that the monarchs power is reliant on the consent of Parliament
Set up frequent parliaments
Freedom of speech within Parliament (parliamentary privilege)
Free elections
Magna Carta 1215
Agreement between king John and barons to prevent this abuse of royal power
Sets out the principle that no one is above the law
Sets out the principle of free trial for all free men
Parliament act 1911
-in 1909 HOL rejected the people’s budget (subsequent tax increases) causing a crisis
-in response the act prevented the lords delaying money bills at all, and any other bills for longer than 2 years
devolution - need more
lots of power still centralised
scottish independence referendums
EVEL
powers can still be taken away
strength of the constiution
flexibility - able to keep up with modern society and adapt to political circumstances
democratic rule - constitutional changes come from democratic pressure, influence of unelected judges is kept to a minimum
effective parliament - parl cannot be overturned by judges and can make strong decisive decisions
weakness of the constituion
uncertainty and confusion
elective dictatorship - the executive is checked only by the need to win the election and may become oppressive and tyrannical
centralisation - PM dominates cabinet, HOC > HOL, exec controls leg
no clear statement of rights unlike US Bill of rights
arguments for a codified constitution
clear and more defined rules
solution to elective dictatorship and ends parl sov and limited govt
neutral interpretation of judges
define the relationship between state and citizens and better enshrine and define their rights
clearer sense of political identity
against a codified constiution
rigidity - higher law is harder to change than statute/common law
judicial tyranny - judges are unelected and may reflect preferences of judges and become politicised
political bias
may be better methods to limit govt e.g devolution and electoral reform
freedom of info act 2000
established the public “right to know” and held the govt more accountable and public entitled to request information held by public authorities
equality act 2010
legally protected people from discrimination in the workplace
how does the judiciary protect rights
judicial review
HRA - e..g 2005 ban on prisoners voting was unlawful
individual rights
rights given to each individual person regardless of their societal stance
collective rights
rights held as a group
example of rights conflicting
individual - right to freedom of speech
collective - maintaining public order and cultural values
