The Constitution Flashcards
Magna Carta (1215)
- An agreement between King John and the nobility to guarantee certain laws to the people of England
It included:
- The king could not raise a tax without the consent of the people (Clause 12).
- The right to due process in the law was guaranteed (Clause 29).
- The right to trial by jury was guaranteed (Clause 39).
- Justice had to be free and fair (Clause 40).
- The nobles could select a committee of 25 to scrutinise the actions of the king (Clause 61).
What are the sources of the UK constitution?
- Common Law/Case Law
- Statue Law
- Works of Authority
- Conventions
- treaties
What is “The Battle of Lewes”?
The Battle of Lewes was a significant conflict that took place on May 14, 1264, during the Second Barons’ War in England. The conflict pitted the forces of Simon de Montfort, the leader of a baronial rebellion against King Henry III, against the king’s own army.
The king’s army was eventually defeated, and Henry III was captured and taken prisoner by de Montfort’s forces.
The Battle of Lewes had significant historical and political implications, as it led to the establishment of the first English parliament. De Montfort convened a parliament in the aftermath of the battle, which was the first time that representatives of the common people had been invited to participate in the governance of the country.
Common Law/Case law
Judges make decisions based on an opinion from a fair and just outcome. The UK judiciary uses a principle of precedence; once a decision had been made on a case, similar cases will be considered in the same way.
Statue Law
Laws passed by Parliament; and since Parliament is sovereign, statue laws are sovereign
Works of Authority
Works written by constitutional theorists that are considered to be authoritative guides to the UK’s uncodified constitution. Although they are not legally binding, they are still seen as an important reference point on how the constitution should run.
Example: The English Constitution (1867) by Walter Bagehot
Conventions
These are not law, but they are traditions that have developed through generations. For example, collective ministerial responsibility.
Constitutional Reform Act (2005)
An Act of the UK Parliament that was divided into three parts. The first reformed the office of Lord Chancellor, the second created and set the framework for a UK Supreme Court and the third regulates the appointment of Judges.
codified/uncodified
Uncodified = parts are written down but in different documents; it is not centralised (UK)
Codified = A single document which is properly structured and centralised (US)
entrenched/unentrenched
firmly established and difficult or unlikely to change/likely and easy to change
Human Rights Act 1998
Statutory basis in UK law for the protection of human rights and freedoms. The ECHR is an international treaty agreed to by all members of the Council of Europe that sets minimum standards for people’s human rights.
- Governments should interpret laws in a way in which it is compatible with the ECHR.
- Public authorities have to act compatibly with the ECHR.
- Government minister have to publish a statement on its compatibility with the ECHR, when introducing legislation.
Devolution
The transfer or delegation of power to a lower level, especially by central government to local or regional administration
What is a constitution?
A set of laws and guidelines that establish how a political system will function. It says where power lies within the system and helps to guarantee the rights of citizens.
Bill of Rights (1689)
The unpopular Catholic, King James 2, was removed from the English throne.
He was replaced by William of Orange, a Dutch protestant.
With this, a number of restrictions on the Monarch´s power followed:
The king would rule alongside a permanent Parliament
Parliament would be the result of regular, free elections
MPs would enjoy freedom of speech
The monarch would not have the power to repeal or set aside any laws without the consent of parliament.
This also led to the emergence of a two-party system:
Supporters of the Monarch: Tories –> Conservatives
Supporters of Parliament: Whigs –> Liberals
Act of Settlement (1701)
Established the right of Parliament to decide who would succeed the Throne upon the death of the reigning Monarch. This was fuelled partly by the desire to exclude James 2 from the throne. Only protestant could become monarch in the future and any member of the royal family marrying a catholic, could not become a monarch.
It also prevented holders of offices under the crown to serve in Parliament (the Monarch or Princes/Princesses).
Act of Union (1707)
United the separate Kingdoms of England and Scotland.
The Act combined the two separate Parliaments to one, based on Westminster.
The two countries saw single Parliamentary rule until 1997 when Tony Blair established a Scottish Parliament under devolution.
Scotland’s legal system remained independent.
Parliament Act (1911 and 1949)
Reduced the power of House of Lords in favour of the House of Commons.
1911: Lords could not delay financial bills, and the power of veto was replaced by a 2-year delaying power
1949: The 2-year delay was reduced to 1 year
Fusion of power
When the executive and legislative branches of government are intermingled. It tends to be a feature of parliamentary democracies and can be contrasted with the stricter separation of powers found in more presidential democracies.
Separation of power
Refers to the division of a state’s government into “branches”, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches.
What are the 4 main ways in which reform happend since 1997?
Enhancing democracy
Decentralising power
Enhancing rights
Modernising the system
Devolved powers
those that the devolved legislature can use
Reserved powers
powers that reside in Westminster
What is the “West Lothian Question”?
The MP for West Lothian asked why MPs for English constituencies do not have a say in Scotland, Wales and Northern Ireland but on the other side MPs from the devolved nations have a say in English matters.
When was the Scottish Parliament established?
In 1999 after a referendum held in 1997
When was the Welsh Assembly established?
In 1999 after a referendum held in 1997
When was the Northern Ireland Assembly established?
In 1998 through the Good Friday Agreement
Name two constitutional reforms made by the conservative government after 2015
Brexit - the government gave power back to the people/referendum and abolishment of EU law
Scotland Act (2016) - made devolution permanent in Scotland
Give an example of each source of the UK´s constitution
Statutory Law - Human Rights Act
Common law/case law - the case of Gina Miller
Works of Authority - Erskine May
Conventions - collective ministerial responsibility
Explain the events that lead to the establishment of the first parliament
King Henry lost popularity in England because of his expensive living-style and that there were no regulations about justice. Simon de Monfort (leader of the Barons) started a war against Henry and won. After that he established the first parliament in 1265. This was the first time ordinary people had a say in the countries matters.
Name two constitutional reforms made by the coalition government (2010 - 2015)
Fixed Term Parliament Act (2011) - fixes the length of Parliamentary terms to 5 years
Electoral Registration and Administration Act (2013) - speeds up changes to the way people register to vote in Great Britain, moving from a Household Registration system to individual Electoral Registration
Further devolution
- Wales Act 2014 (bestowed a number of financial power on Wales, including taxation and borrowing powers)
Reasons why the UK should have a codified constitution
- Judges would be able to challenge Parliament´s ability to make or change statue law
- Parliament would not be able to easily change the constitution as it is sovereign
- a codified constitution makes it clear to the citizens which rights they have as it is written down in one document
Reasons why the UK should not have a codified constitution
- it is difficult to change if a revolution occurs or an extreme government comes into power (inflexible)
- limits the judges powers as they are unelected
- a codified constitution secures parliamentary sovereignty
What year was power devolved to Northern Ireland and what was this famously called?
1999, the Good Friday Agreement
Outline devolution in England
- Devolution to city-regions based on major cities such as Birmingham, Manchester and Bristol
- London Assembly
- The creation of Police and Crime Commissioners
- English Votes for English Matters (EVEM)
When was the last referendum of Scottish independence?
2014
What in principle is the ultimate source of authority in the UK´s constitution
The Crown
Explain what treaties are
A formally concluded and ratified agreement between states
Define unitary and federal systems
In a unitary system, the power is concentrated in one central government that makes all major decisions and controls smaller government units. In a federal system, the power and authority are shared among central, regional, and local governments that have constitutionally protected sovereignty and jurisdiction over a range of policy areas. A federal system is always with a written constitution, while a unitary system may or may not have on.
Define parliamentary sovereignty
Parliament is the supreme legislative body. It is free to enact any legislation for which it has a parliamentary majority since there is no authority greater than Parliament which could veto. Each parliament is also sovereign over the last one.
Explain what is meant by the rule of law
The principle that all people and bodies, including govt, must follow the law & can be held to account if they do not
- Rights & liberties of citizens are protected
- It acts as check on parliamentary sovereignty
Name key facts about the UK constitution
- Uncodified (unwritten)
- unentrenched (flexible; easy to change)
- unitary system of government
- parliamentary sovereignty
- parliamentary government (cabinet system of government)
What are the “twin pillars” of parliamentary sovereignty?
Identified by A. V. Dicey (constitutional theorist)
- parliamentary sovereignty
- rule of law
Name constitutional reform since 1997 under Labour (1997 - 2010)
House of Lords Reform
- House of Lords Act 1999
Electoral reform
- HoL Act 2002 addition
- 1999, MEPs are now elected through party-list PR in Great Britain
Devolution
- creation of devolved administrations for Scotland, Wales and Northern Ireland
Human Right Act 1998
- gave effect to the ECHR, containing all of its elements which are deemed to apply in UK law
Supreme Court
- Constitutional Reform Act 2005
House of Lords Act 1999
- Reduced the number of hereditary peers in the HoL to 90.
- Since 2002, when a hereditary peer dies or retires a replacement is chosen via by election using Alternative Vote (AV)
Outline further reforms undertaken by governments since 2015
Further devolution
- Scotland Act 2016 (increased the devolved power of the Scottish government)
- Wales Act 2017 (the power to determine their own electoral system + increased power over various public services)
- EU withdrawal act 2017 (gives notice of the UK´s intention of leaving the EU)
- English Votes for English Laws 2017 (only English MPs will debate and vote in issues affecting only England)
What are the powers of the devolved bodies (Wales, Northern Ireland and Scotland)
Wales
- primary legislative powers over a more limited range of areas than Scotland
- Education, health, social services
Northern Ireland
- similar primary legislative powers as Wales, also including justice
- powers over transport, consumer and medical matters
Scotland
- education, health, environment, law and order, and local government
- tax-varying powers
- The Parliament has powers over all areas not specified as reserved powers
Arguments against an English Parliament/further English devolution
- England is 95% of the UK’s GDP, so it is too large to practically work as a devolved body.
- Traditionalists (i.e. Conservative party) feel Westminster is already an English Parliament.
- There is possibility for city-based devolution in England, seen as more viable.
Impact of devolution on the UK
Positive
- enhanced democracy (more region sensitive)
- electorates in the devolved regions support this
- the Union is still secured
- use of proportional representation in the new assemblies has resulted in UK politics becoming much more pluralistic
Negative
- increased costs of running the country
- the union might be in risk
- participation in the devolved regions is poor
