The Constitution

Question 1

what is a constitution?

Answer 1

A constitution is a set of rules for governing a government- the purpose of a constitution is to prevent a government from becoming over-powerful. Constitutions can take many forms.

Question 2

what are the two types of constitution?

Answer 2

uncodified, codified.

Question 3

what is a codified constitution?

Answer 3

when the constitution is written down in one place, as one document. Constitutional laws are ‘entrenched’- they have higher status than other laws- for example the USA

Question 4

what is an uncodified constitution?

Answer 4

when the constitution is made up of several sources- some written, some not. Constitutional laws have the same status as any other law- for example the UK

Question 5

meaning of entrenched?

Answer 5

the constitution is protected by a ‘higher court’, needing special procedures to amend it

Question 6

meaning of not entrenched?

Answer 6

laws relating to the constitution have the same status as any other laws, and can be amended just as easily

Question 7

meaning of unitary?

Answer 7

power is concentrated within a single body/institution- for example the UK (UK Parliament)

Question 8

meaning of federal?

Answer 8

power is shared between institutions- for example the USA (state power and national power)

Question 9

what does it mean when a constitution is rigid?

Answer 9

the constitution is relatively difficult to amend or change- for example USA, where only 27 amendments have taken place since the constitution was introduced in _1791

Question 10

what does it mean when a constitution is flexible?

Answer 10

the constitution is quite easily amended/changed- for example the UK, where a large amount of constitutional reform has taken place since __1997

Question 11

Magna Carta 1215

Answer 11

signed by King John, the ‘Great Charter’ was a series of written promises between the king and his subjects. The king agrees to govern England and deal with its people according to the customs of feudal law. It was an attempt by the land-owning barons to stop the king from abusing his people. Certain basic rights were established, for example the right to a jury trial.

Question 12

Bill of rights (1689)?

Answer 12

guaranteed further basic rights, for example free elections, and laid out both rights of Parliament and limitations on the power of the Monarch. The Bill firmly established the principles of frequent parliaments and freedom of speech within Parliament – known today as Parliamentary Privilege. It also includes no right of taxation without Parliament’s agreement, freedom from government interference, the right of petition and just treatment of people by courts. The main principles of the Bill of Rights are still in force today.

Question 13

Act of Settlement (1701)

Answer 13

this confirmed the power of Parliament to determine the succession to the throne- it was an attempt to prevent a Catholic from taking the throne.

Question 14

Acts of Union (1707)

Answer 14

united Scotland to England and Wales, creating the United Kingdom of Great Britain. Scotland continued to have a separate legal system.

Question 15

Parliament Act 1911

Answer 15

The result was the Parliament Act 1911, which removed from the House of Lords the power to veto a Bill, except one to extend the lifetime of a Parliament. Instead, the Lords could delay a Bill by up to two years. The Act also reduced the maximum lifespan of a Parliament from seven years to five years.

Question 16

Parliament Act 1949

Answer 16

further reduced the Lords’ delaying powers to one year.

Question 17

Statute law

Answer 17

his is law made by Parliament, and is one of the most important sources of the UK constitution, as statute law overrides other laws, (EU laws excepted) due to the principle of parliamentary sovereignty. Examples would be the European Community Act of 1972, and the Human Rights Act of 1998.

Question 18

common law?

Answer 18

this is ‘judge-made law’- laws based on precedent and tradition. When deciding on the legality of a case, judges will use previous decisions on similar cases- these are examples of common law. For example- the powers contained in the Royal Prerogative (which are now exercised by the Prime Minister)

Question 19

what are conventions?

Answer 19

these are non-legal established rules of conduct and behaviour- what is ‘expected’. For example, the monarch granting Royal Assent (royal approval) to each bill passed by Parliament, the appointment of the Prime Minister (the leader of the Commons’ largest party), and collective responsibility (all government ministers openly support all government policy).

Question 20

what are works of authority?

Answer 20

works written by scholars seen as experts in the constitution- they outline what is ‘correct’ for the UK constitution. For example, Bagehot’s The English Constitution (1867), Dicey’s An Introduction to the Study of the Law of the Constitution (1885).

Question 21

EU laws/ treaties

Answer 21

the UK is subject to European laws and treaties and will remain so until formally exiting the EU. Sometimes these laws and treaties come into conflict with UK law, so questioning parliamentary sovereignty. Examples include the Treaty of Rome (1957) and the Treaty of Lisbon (2009).

Question 22

what is the order of importance?

Answer 22

EU law
Statute law
Common law
Conventions and works of authority

Question 23

what is parliamentary sovereignty?

Answer 23

the principle that absolute, supreme and unrestricted power lies with Parliament.

Question 24

what did JS Mill suggest about a parliament?

Answer 24

Can do anything it wants, except turn a man into a woman.

Question 25

what is rule of law?

Answer 25

the second ‘twin pillar’ of the UK constitution (alongside parliamentary sovereignty). The principle that the law applies to everyone, even those in government.

Question 26

what is parliamentary sovereignty challeneged by?

Answer 26

the wider use of referendums (transferring sovereignty to the people), the argument that Parliament is restricted by practical considerations and outside interests, and the issue of EU laws conflicting with statute law.

Question 27

what is parliamentary government

Answer 27

here is a fusion of powers between the executive (the government of the day- Prime Minister, cabinet ministers and so on) and the legislature (Parliament). Parliament provides the government in the members of the government are drawn from Parliament.

Question 28

what is a constitutional monachy?

Answer 28

the monarchy in the UK has no real political power, but remains in place- this is due to the fact it is long-established and traditional. The monarch sits ‘above’ the government, but is merely a figurehead (and perhaps a symbol of unity for the country).

Question 29

Have constitutional reforms since 1997 reduced government power?
NO

Answer 29

Power is still concentrated in UK Parliament, despite devolution (powers can be removed from devolved bodies)

Human Rights Act is not fully entrenched and can be overturned by legislation

House of Lords is still subservient to Commons, and can only delay bills

Government may be more likely to last due to fixed term act, and this can be overridden anyway, as Theresa May showed in 2017

Question 29

Have constitutional reforms since 1997 reduced government power?
YES

Answer 29

Devolution means power has been taken away from UK Parliament

Human Rights Act gives more power for judges to assess laws and challenge government

House of Lords is more willing to be assertive against government after hereditary peers reduced

Creation of the Supreme Court has made the judiciary more independent

Power to call elections has been removed from the PM

Question 30

Should the House of Lords be elected?
Yes

Answer 30

It would be more democratically legitimate, so has more of a right to make and challenge laws.

It allows for more representation, for example by having elected representatives serving longer terms than MPs, perhaps chosen by a different electoral system

The Lords would be more willing to introduce its own legislation, and could more robustly challenge bills from the Commons, so leading to better legislation

It could properly check the power of the Commons, as it would have the right to do so

There would be more effective restrictions on government power, as it would be less easy for the government to pass legislation

Question 31

Should the House of Lords be elected?
no

Answer 31

Lords members can currently be chosen on the basis of their specialist knowledge and experience. This would likely be lost if Lords were elected

It could lead to gridlock- if the Commons and Lords were in disagreement, it would not be clear which has priority. This would be especially problematic if the chambers were dominated by different parties. Therefore, the executive would find it harder to get things done

There is no need to have two elected chambers. The Commons is elected, and has authority, and the Lords works fine as a revising and checking chamber

Members of the Lords would rely on parties to get elected, making them more likely to be influenced by their party and less likely to think for themselves

It would be harder to ensure that the Lords represents society- at the moment, Lords can be appointed on the basis on (for example) their gender or ethnic background, to give particular groups in society a voice. This could not be guaranteed if the Lords were elected

Question 32

Should the Westminster voting system be reformed?
yes

Answer 32

FPTP is not proportional- the percentage of seats won by parties does not reflect the percentage of the vote they received. This is undemocratic

FPTP creates lots of safe seats and wasted votes

Governments currently win power with only 35-40% of the vote, so are not supported by most of the population

It currently leads to few checks and balances on government power, as governments can easily pass legislation

Under FPTP, power becomes concentrated too narrowly, and small parties do not get the level of representation their support merits

Question 33

Should the Westminster voting system be reformed?
no

Answer 33

Reforming Westminster elections was decisively rejected by the public in the __2011 __referendum
FPTP gives voters a clear choice between two parties with distinct programmes for government

Under FPTP, winning parties get overall majorities, so can fulfil their manifesto pledges without the need to compromise in a coalition

FPTP allows for strong governments- governments have a healthy majority and can get things done

FPTP allows for stable governments- single-party governments are less likely to collapse, so provide certainty and stability

Extremist parties are unlikely to get a foothold under the current system

Question 34

The role and powers of devolved bodies in the UK, and the impact of this devolution on the UK
(England)

Answer 34

The ‘West Lothian question’ has been partially addressed by the change to the passing of legislation. Following a second reading, a bill which involves England only can be vetoed and make no further progress if a majority of MPs representing English constituencies decide to. Also, an extended range of powers is being devolved to a range of city regions based on major cities such as Birmingham, Manchester and Bristol, often led by a directly-elected Mayor. For example, Labour’s Andy Burnham was the first elected Mayor of Greater Manchester in 2017. This change has had the effect of strengthening the powers of regional governments of the UK.

Question 35

The role and powers of devolved bodies in the UK, and the impact of this devolution on the UK
(Wales)

Answer 35

The Welsh Assembly has primary legislative powers over a more limited range of areas than Scotland. These include education, health, social services environment, and local government. They do not have power over law and order, foreign affairs, defence or the constitution which, as in the case of the Scottish Parliament, are ‘excepted powers’. The Assembly has no tax varying powers, and does not have power over areas not specifically excepted, only those specifically devolved (unlike Scotland).

Question 36

The role and powers of devolved bodies in the UK, and the impact of this devolution on the UK
(Northern Ireland)?

Answer 36

The Northern Ireland Assembly and Executive has primary legislative powers over a similar range of areas to Wales, also including justice. Foreign affairs, defence and the constitution are ‘excepted powers’ which the Assembly does not control. The Assembly also has reserved powers over some areas which may be transferred in the future including some consumer, medical and transport matters, but has no tax varying powers. The Assembly has power over all areas not specifically excepted or reserved. As part of the power-sharing agreement, powers must be shared between parties, according to a formula that allocates cabinet seats proportionately.

Question 37

The role and powers of devolved bodies in the UK, and the impact of this devolution on the UK
(Scotland)

Answer 37

The Scottish Parliament has primary legislative powers over several areas. These include education, health, environment, law and order, and local government. It does not control foreign affairs, defence or the constitution- these are known as ‘excepted powers’. The Scottish Parliament also has tax-varying powers- income tax can be raised or lowered by up to three pence in the pound. The Parliament has powers over all areas not specified as excepted powers.

Question 38

fixed term parliament act 2011

Answer 38

The Fixed-term Parliaments Act 2011 creates a five year period between general elections. Early elections may only be held in specified circumstances.