the constitution Flashcards
how has the UK constitution developed?
The UK differs to other countries as it did not face a revolution, this is in contrast to the constitution of the united states. The constitution has changed as the balance between the crown and parliament has changed. It would also be decided in the 17th century that the judiciary would be a separate body that would be politically independent.
The parliament acts in 1911/1949 would seek to reduce the power that the House of Lords has with regards to the House of Commons, the 1949 act would reduce the delaying period to one year. in 1972 there would also be the European Communities Act which would make Britain a part of the EEC this would be passed by Edward Heath, this would make EU law take precidence in the UK compared to recent events.
what is the nature of the UK constitution?
it is uncodified, so It is not in a written document.
the document is unentrenched which means that it can be easily altered, there is no special legal procedure.
it is unitary, sovereignty has typically been located at the centre, this has changed since the introduction of devolution in recent months. some would refer to the UK as a union state.
what is the significance of parliamentary sovereignty?
legilsation passed by parliament cannot be struck down by a higher body, for example the judiciary- the Supreme Court can only interpret.
one parliament can change acts that ere made by the successor for example in 2003 there was the repeal of section 28.
parliament can make a law on any subject.
how are the rights of people protected under the rule of law?
everyone is entitled to a fair trial and no one should be imprisoned without due legal process
all citizens must obey the law
public officials are not above the law
the judiciary must be independent of political interference.
the five main aspects of the UK constitution?
statute law- this is the body of law that is passed by parliament, the 1998 Scotland act for devolution
common law- legal pricinples that is laid down by judges in their rulings in court cases.
conventions- customs and practices that have been accepted- 2003 Iraq war would create the convention to ask parliament before going to war.
authoritative works- lack legal standing are used a guide for example the Parliamentary Practice book.
Treaties- agreements with other EU member states the Maastricht treaty of 1992.
what pressure has been present for reforming the constitution in the 1990s?
modernisation- this would part of the plan to modernise Britain under new labour, old labour had made small gains with allowing 18 year olds to vote in 1969.
conservative rule 78-97- there would be little reforms that were made under the conservative government.
what changes were made under the labour government from 1997-2010?
House of Lords reform- there would be a decrease in hereditary peers to 92, this would be a benefit for the labour part as many of the hereditary peers would support the Conservative Party, from 2000 there would be an influx of peers that would not be connected to a party.
electoral reform- there would be various forms of proportional representation that would be influenced under devolution
devolution- devolved bodies would be created there would be difficulties surrounding this, known as the West Lothian question where Scottish MPs could vote on English matters, there is also be Barnett formula which means that England receives less spending compared to Scotland, Wales and Northern Ireland the north east would reject the idea in 2004.
the HRA- this put the ECHR into statute law, all future legislation would have to be compatible with this. An exception to this was made with article 5 this would give individuals the right to liberty and security, though this would be limited in light of terrorism.
creation of the Supreme Court- this is the highest court of appeal in the UK, this would develop the idea that the different branches of government should be separate from eachother.
reforms that were made under the coalition?
House of Lords and House of Commons boundary reform- there would be the failure of a wholly elected house of lords, the lib dems would vote against decreasing the number of mp’s from 650-600.
electoral reform- in 2011 the vote for AV would be turned down
rights- there would be the failure to commit to a British bill of rights.
DEVOLUTION
Wales- there would be further powers granted to the welsh assembly
Scotland- the Scottish parliament would receive more powers in 2012 they would be able to do things such as set their own income tax, there would also be the Scottish referendum in 2014.
EVEL- this would be a way of handling the West Lothian question.
the fixed term parliament act of 2011- this would establish that a new parliament would have to be elected on a fixed date at 5 year intervals, this would end with the snap election of Theresa May.
Reform of the House of Commons- chairs of the House of Commons select committees would be chosen by mps. the backbench business committee would be created.
the Recall of MPs act of 2015- this would trigger a by-election if an MP is sentenced to a custodial sentence or is suspended from the House of Commons, or if 10% of constituents sign for a by-election.
the significance of devolution in England?
there would be the increase of single authority in England from 1965 for example there would be the Greater London council. They would be abolished by Thatcher and Blair would seek to bring them back, he would seek to create an elected mayor with executive powers. Blair would want to extend this regional decision making to the north east but with a referendum in the north east this decision would be decided against. 78% of people would vote no in 2004.
the coalition would abandon labours idea of regional development agencies but would seek to create a metro mayor, thus would be created in to try and drive culture and self-identity.
what are the key differences between each of the UK’s sub national bodies.
Northern Ireland- faces different issues due to its background of violence, the creation of the power-sharing government is seen as vital to create peace,
Scotland- there is a strong nationalist movement in Scotland even prior to devolution it would have distinctive institutions
Wales- nationalism is politically weaker and the welsh just want to preserve cultural identity.
the Scottish parliament and government?
was created in 1999 and has 129 MSPs and uses AMS, this government can create its own laws. can vary income tax by 3p above or below the UK rate, scottish students do not pay for tuition fees and there is free nursing care for the elderly, Scottish gov would end the right of council tenants to buy their own homes.
under Gordon Brown there was addition powers such as taxation powers e.g landfill tax, borrowing powers, regulation of air weapons and drink driving limits.
devo max would be introduced after 2014 there would be more powers for taxation and welfare, the Scottish gov has control over 36% of Scottish expenditure.
Welsh assembly and government
the welsh parliament only had 60 members and is much smaller, the welsh assembly has little powers of its own for example it does not control its own tax.
Northern Ireland assembly and executive
devolution was granted following the 1998 Good Friday agreement, a power sharing executive has helped to maintain the peace. There have been periods where Stormont has not been in session including recently over disparity over the EU referendum and trade and if that weakened NI’s place in the UK.
what other debates are there surrounding reform?
Devolution- this has modified the centralised system of the UK and has helped to ease the tension in NI, but the issue over Scottish independence has remained and this has changed since the UK left the EU.
House of Lords- there is greater question about whether we should have an elected House of Lords.
Human Rights Act- the document is not entrenched so it can be changed, this was evident in 2005, there is a severe argument that this chamber can be seen to be undemocratic which is unusual. The conservatives have strongly campaigned for a British bill of rights which they have claimed would be more in line with British values.
what are the arguments for and against extending devolution in England?
FOR
under the Barnett system England receives less per person than the other devolved nations, a federal system would help to promote equality.
EVEL makes Scottish MPs weaker and doesn’t really answer the West Lothian question
devolution has helped with policies to meet the needs of the people, so this would be beneficial in England.
where there is a strong religious identity this may be a need for regional assemblies to help this.
AGAINST
Englands size and wealth would mean that it would dominate a federal structure, which can be said to be unfair.
EVEL was used to pass a housing bill in 2016 which was not favours day the Scottish
there isn’t much of a separation between England and Britain
the actions of a regional assembly would suggest that Blair was wrong in 2004 when he said that there was not a string regional identity.
