the constitution Flashcards
what is a constitution
a set of laws and guidelines setting out how a political system works, and where power is located within the system. It defines the powers and functions of government and the rights of citizens in relation to government
outline features of the uk constitution
- It’s uncodified
- It’s unentrenched
- It’s unitary - all in one institution - parliament
according to dicey, what are key aspects of the uk constitution
parliamentary sovereignty
rule of law
what are the different sources of the uk constitution
- Statute law
- Common law
- Conventions
- Authoritative works
- Treaties
- Royal prerogative
evaluate the view that the UK constitution should remain uncodified
> flexible enough to change laws when needed EG creation of the human rights act was done easily when there was call for it.
codified constitutions decrease authority of law as their rights are well known EG rights to own guns in the US or plead the 5th leads to undermining authorities
> < to rigid laws are not good because if things need to be changed quickly they cannot EG gun law in America
< uncodified Can undermine basic rights - EG the change in law so we do not have to protect the privacy of suspected terrorists
< tradition - we shouldn’t change as there is no call for it EG AV ref was completely dismissed by public as we don’t want change
how has the constitution changed over the years - new labour
> HOL reform ONLY 92 REMAINING HEREDITARY PEERS
electoral reform in devolved bodies - AMS in scotland and wales and STV in Northern Ireland
devolved bodies in Scotland, Wales and Northern Ireland
human rights act which enshrined the ECHR into UK law
creation of the supreme court. this was made the highest court of appeal with judicial neutrality and judicial independence to ensure decisions were unbiased
how has the constitution changed over the years - 2010 to 2015
> devolution - further powers to wales and scotland
fixed term parliament acts
reform of the commons - scrutiny
recall of MPs act
outline the devolved powers in England
> reorganisation of local governments
Blair government created a democratically elected strategic authority in the capital by having an elected mayor supported by greater london assembly
They introduced a congestion tax for cars entering the city to tackle pollution and environment concerns
Cities like leeds and bristol have also adopted an elected mayor method
outline the devolved powers in Scotland
> Had strong nationalist movements and so received more power
They had a history of independence and therefore received more power as we knew it would work.
They had separate education systems and law systems
Was set up in 1999
Elections every 4 years with additional member system
outline the devolved powers in wales
> Based in cardiff, set up in 1999
Elected by additional member system
Much smaller than scottish assembly with only 60 members
Government headed by first minister
Almost always labour minority government
They have 20 devolved powers
outline the devolved powers in Northern Ireland
> Made after the 1998 good friday agreement which sought to bring to opposing sides together - the unionists and the nationalists
However devolution did not completely fix the conflict with periods of suspension being a regular occurence. Between 2002 - 07 there was a 5 year suspension where westminster had to take over
transferable vote which maintains the power sharing system as it is highly proportional
Head by first minister and deputy minister
has devolution gone far enough
> Asymmetric system which means problems can be fixed at a local level and solutions are best suited to them
> It has delivered peace, for example in northern ireland where a power sharing government relieved tensions.
> It allows the system to work for different cultures and solutions are based around them. EG wales has 20 devolved powers and one is agriculture as that is more specific to them
> < England is still seen as dominant
> < There is still tension in Scotland and in Northern Ireland. Scotland still calls for independence and Northern Ireland government has gone through periods of suspension like 2002-2007
evaluate the view that England should receive devolution
> The largest and most populated area and yet we don’t have devolution. England also receives less per person despite this.
> EVEL only makes scottish MPs second class and doesn’t solve the west lothian question
> Devolution has fixed most problems in Wales, Scotland and Northern Ireland so why wouldn’t it work in England
> < England’s size and wealth means it would dominate a federal structure.
Also, an english parliament could clash with westminster over purely English problems
> < EVEL could be said to have solved the west lothian question as it has been used before and its use has not caused problems yet
