The Constitution Flashcards
Give three sources of the constitution.
Source of the Constitution:
- Common law
- Statute law
- Conventions
- Authoritative works
- EU Law
Give an example of common law.
R (Miller) v. The Prime Minister - prorogation of parliament was ultra vires.
Give an example of statute law.
Freedom of Information Act 2000 - public information requests.
Give an example of an authoritative work.
Authoritative works:
- A.V. Dicey’s ‘Introduction to the Study of the Constitution’. (1884)
- Walter Bagehot’s ‘The English Constitution’. - distinguished between ‘dignified’ and ‘effective’ sections of the constitution.
Give the publication year of Walter Bagehot’s ‘The English Constitution’.
1867.
Give an example of a constitutional convention.
Constitutional Conventions:
- Royal Prerogative - E.g. 2021 BJ’s decision to mobilise navy vessels regarding French fishing tensions.
- Salisbury convention - e.g. Hunting Act 2004.
- Individual Ministerial Responsibility - Ministers should resign due to departmental failure. E.g. David Blunkett 2004 regarding visa scandal.
- Collective ministerial responsibility - ministers should publicly agree with cabinet decisions or resign - E.g. BJ resigning over Brexit withdrawal agreement in 2018.
Give an advantage of a codified constitution.
Advantages:
✔ No concentration of power - e.g. Thatcher and Blair’s controversial policies passed with little hinderance (Poll tax/Iraq War).
✔ Elements of the UK constitution are anachronistic e.g. HoL.
✔ Prevent and ‘elected dictatorship’ - providing checks and balances.
Give a disadvantage of a codified constitution.
Disadvantages:
❌ Reflect the mood of the time - zeitgeist
❌ Difficult to amend - e.g. Brexit would be even more difficult.
❌ Weak governments - e.g. Blair faced 0 defeats between 1997 and 2005.
❌ Who would create it?
What did the Magna Carta (1215) enact?
- The king was subject to the law.
- Right to ‘trial by your peers’. (Jury)
Is the Magna Carta significant?
Yes, it has been cited in many modern treaties e.g. Universal declaration of Human Right 1948 and the ECHR.
What did the Bill of Rights 1689 enact?
- Created the notion of Parliamentary sovereignty
- Parliament must meet frequently
- Elections must be free and fair.
What did the Acts of Settlement 1701 enact?
- The Monarch existed on Parliament’s terms.
- The Monarch was subordinate to Parliament.
What did the Parliament Acts 1911 & 1949 enact?
1911 - HoL could block bills for 2 years.
1949 - Reduced to one year.
What did the European Communities Act 1972 enact?
- British law is subordinate to EU law.
- Impact Britain’s control over immigration and trading.
Give three constitutional reforms in the UK since 1997.
Constitutional Reforms since 1997:
- Freedom of Information Act 2000 - drew attention in the 2009 expenses scandal - 37% of requests are ignored.
- Constitutional Reform Act 2005 - created the separate Supreme Court in 2009 - s.3 - ‘must uphold the maintained independence of the judiciary’ - removal of Law Lords who could be easily swayed by politics due to their role, physically, within the legislative branch.
- Human Rights Act 1998 - aimed to ‘bring rights home’ - outlined the practices of human rights claims in the UK - e.g. s.12(4) places emphasis on journalistic expression - upholds a freer press - significant in a democracy - upholding the methods of government scrutiny.
Give three constitutional reforms since 2010.
1) . Fixed Term Parliament Act 2011 - prevent PM calling election at advantageous time - requires 2/3 of the house - e.g. Thatcher called 1983 election year early to capitalise on Falklands was - 144 seat majority.
2) . House of Lords Reform Act 2014 - allows existing peers the right to resign or retire from their seat - by early 2020 6 had been removed for non-attendance and 106 had retried - significant as it aids in keeping the age of the upper chamber low - ultimately more representative.
3) . Succession to the Crown Act 2013 - enabled eldest child to become monarch regardless of gender - also allows heir that marries a Catholic to become monarch - limited impact on politics - though an attempt to bring the monarchy to a modern standard - departing from the anachronistic practices.
Give three features of the UK constitution.
- Uncodified - no single authoritative document - unitary - most power lies within the centre - unlike the US constitution were power is divided in a federal system - though this unity has been challenged by devolution - UK constitution is ‘quasi-federal’.
- Parliamentary sovereignty - parliament has the final say on the contents of the constitution - ‘no Parliament may bind it’s successor’ - e.g. European Communities Act 1972 - later reversed by European Union (Withdrawal) Act 2018 and European Union (Withdrawal Agreement) Act 2020
- Operates under the ‘rule of law’ - law applies equally to everyone, including those who make the law - significant as ministers may be found ‘ultra vires’ - e.g. R (Miller) v. Prime Minister - party gate scandal 2021 has challenged the enforceability of the Rule of Law.
Give three ways the UK constitution protects human/civil rights.
1) . Human Rights Act 1998 - ‘bring rights home’ - incorporated the convention articles into the UK constitution - allows individuals to challenge the decision of public bodies in UK courts - could be said to politicise the judiciary.
2) . Equality Act 2010 - brought together 116 different measures in a single Act to prevent discrimination and promote fairer society - as the UK’s is uncodified - allows the constitution to adapt in line with changing societal attitudes.
3) . Data Protection Act 2018 - places strict controls on the ability of the government and public bodies to handle and save personal data - significantly reduced the scope of the government in the private lives of individuals - compliments the ECHR Article 8 right.
