The Constitution Flashcards
What is a constitution?
A set of rules that establish duties, powers and institutions of government.
Functions of a constitution?
- Allow people to express their beliefs
- Prevents tyranny of the majority
- Avoids conflict between institutions
- Ensure limited government
Features of the UK Constitution?
- Parliamentary sovereignty
- Uncodified
- Unitary
- Fusion of powers
Sources of UK Constitution?
Common law -> Royal prerogative Statute law -> Fixed Term Parliament Act 2011 Conventions -> PM ask Parliament before declaring War EU Laws and treaties -> European Communities Act 1972 Royal Prerogative -> PM is Commander in Chief Authoritative Works -> AV Dicey's Law of the Constitution
What are the ‘Twin Pillars of the UK Constitution’?
Established by AV Dicey in ‘Introduction to the Law of the Constitution’.
- Rule of law - everyone is subject to the law
- Parliamentary sovereignty
Pros and cons of UK Constitution?
\+Supreme law making authority \+not bound by a successor or predeccessor \+Competent to legislate \+Can't be overruled -Too powerful -Territorial limitations -Unentrenched -Conflicts EU
Example of where Courts have sided with Parliament
Miller v Secretary of State for Exiting the European Union 2017: Parliament must vote before revoking Article 50.
Is the Constitution outdated?
\+no outline of rights \+conventions are centuries old \+royal prerogative still exists \+Unentrenched -Changes with society -Uncodified so flexible -Common law can change
What are the aims of constitutional reform?
Democratisation
Decentralisation
Modernisation
Protection of rights
What reform outlined rights and freedoms in a single document?
Human Rights Act 1998
What reform banned hereditary peers, how many remained following?
House of Lords Act 1999, banned all but 92
What reform established the Supreme Court?
Constitutional Reform Act 2005
What reform gave access to information held on you by public bodies, and government activity?
Freedom of Information Act 2000
What reform act set the dates of General Elections?
Fixed Term Parliaments Act 2011, every 5 years unless there is a super majority
When was the Alternative Vote Referendum, what was the outcome?
2011, 42% turnout, 68% said no.
What limits have been placed on surveillance?
Protection of Freedoms Act 2012
When was it allowed for Peers to resign?
House of Lords Reform Act 2014
-58 resigned within 3 years, and 4 removed
When was it first allowed for an MP to be removed within his terms, and on what condition?
Recall of MPs Act 2015, following the Expenses Scandal
10% of constituents have to sign a petition
-> Fiona Onasanya, Peterborough
When were surveillance powers extended?
Investigatory Powers Act 2016
Arguments for uncodified?
FLEXIBILITY
-Growth of PM’s prerogative was able to happen after 9/11 and COVID thanks to flexibility
-adaptable
-> O’Donnell Rules for 2010 coalition
NORMALITY
-government can deal with crisis (2013 US shutdown over Obamacare)
-Unwritten conventions, common law and traditions
-> Salisbury convention suspended for Brexit vote
PRAGMATISM
POLITICISING JUDICIARY
judiciary would have to be politicised to enact the constitution. questions independence?
Arguments for codification?
JUDICIAL REVIEW increases transparency HUMAN RIGHTS safeguard them PARLIAMENTS SOVEREIGNTY AT TOO HIGH COST we sacrifice civil liberties for sovereignty. -> Coronavirus Act 2020 PM HAS TOO MUCH POWER too few checks and balances CLARITY FOR UK CITIZENS apathy at present prevails
For English devolution?
- Most populous country, but has no government
- Barnett formula calculated spending per head is less in England than Scotland
- 2015: Cornwall given powers
- Mayors show it works (e.g. Sadiq Khan)
Against English devolution?
- Westminster suffices
- English Votes for English Laws 2015 (although that has since stopped)
- 2002: rejected in North East England by 78%
- Little legitimacy due to low turnouts
- > West Midlands Police and Crime Commissioner 2021: 31%
- > Scottish Parliament 2021: 63.5%
Arguments devolution hasn’t worked?
- UK has became quasi federal
- Only so many powers to devolve
- Unbalanced
- Calls for independence
- > # IndyRef2
- Doesn’t work
- > Northern Ireland 2017 shutdown 3 years
- Low turnouts
- > Scotland: 63.5%
What did the Scotland Act 1999 set out
The Scottish Parliament
What did Scotland Act 2012 set out
Vary income tax up to 10% (note: Wales didn’t get to even hold a referendum on this until 2014, and only secured the right in 2017)
Further powers
What did the Scotland Act 2016 set out?
Set tax rates and thresholds
50% of VAT (Wales still doesn’t get this)
Legislative jurisdiction over welfare, etc.
Recognised permanence
What did Wales Act 1999 set out?
Welsh Assembly
What did Wales Act 2014 set out?
Smaller taxes
Framework of referendum
Devolve income tax
Has Scottish devolution worked?
\+Scottish Assembly has control over many areas including welfare and road signs \+Access to 50% of VAT \+85% turnout in independence referendum -63.5% turnout, 2021 -55% voted remain
Has Welsh devolution worked?
+63% voted for further devolution
- 35% turnout, 2011
- 2019: Wales voted Labour by a large in Westminster
- Fewer legislative powers (e.g. not on law and order)
- No tax varying powers
Has Northern Ireland devolution worked?
+powers over health and social services, justice, etc
+ended strife
-no tax varying powers
-2017-2020 shutdown
2017: 65% turnout
2 First Ministers have resigned from 2021-22
