The constitution Flashcards
Sources of the UK constitution
Statute law Common law Conventions Authoritative works EU law
Principles underpinning the UK constitution
Parliamentary sovereignty
The rule of law
A unitary state
Parliamentary government under a constitutional monarchy
Strengths of the UK constitution
Adaptable
Provides for strong government (parliamentary sovereignty)
Makes government accountable
Weaknesses of the UK constitution
Outdated
Concentrates power - “elective dictatorship”
Lacks clarity
Features of New Labour’s constitutional reforms
Modernisation
Judiciary
Devolution
Rights
Features of a codified constitution
Single authoritative document
Superior to all other law
Entrenched
Used by courts to determine constitutionality of actions of other key players
Features of an uncodified constitution
Found in a number of sources
Same statues as regular statute
Not entrenched
Judicial review limited as a result of lack of single authoritative document
Authoritative works
Erskine May (parliamentary practice) - 1844
Statute laws
Parliament Acts (1911 and 1949)
Example of a convention
The monarch giving their assent to Acts of Parliament
What established EU law’s precedence over UK law?
Treaty of Rome (1958)
Which interconnected propositions is parliamentary sovereignty constructed around?
Parliament can legislate on any subject of its choosing
Legislation can not be overturned by any higher authority
No parliament can bind its successors
What does the rule of law do?
Defines the relationship between the state and its citizens, ensuring that state action is limited and responsible.
Main strands of the rule of law
No one can be punished without trial
No one is above the law
Constitutional principles result from common law rather than statute law
Labour’s constitutional reforms (modernisation)
House of Lords Act (1999) abolished the rights of all but 92 hereditary peers to sit and vote in the upper house
Other limited and insignificant changes, such as making changes to PMQs and the working hours of the Commons
Constitutional reform made under the coalition
Fixed-term Parliaments Act (2011)
The Protection of Freedoms Act (2012)
House of Lords Reform Act (2014)
Pro codified constitution for the UK
Would provide greater clarity on what is / is not constitutional
Would provide the rights of citizens with further protection
Would tackle the centralisation of power (“elective dictatorship”) by setting limits on the power of the executive
Would educate citizens about the values and workings of the political system, promoting constitutional values amongst them
Would provide an authoritative reference point for the courts
Anti codified constitution for the UK
Would remove flexibility and adaptability
Would place too much power in the hands of unelected judges
Not compatible with notion of parliamentary sovereignty
Lack of popular demand for it
Aims of further constitutional reform
Delivering fair representation
Encouraging active participation and engagement
Providing good governance
How can further constitutional reform encourage active participation and engagement?
Simplifying voter registration
Lowering the voting age to 16
Making wider use of e-democracy
Opening up candidate selection
How can further constitutional reform deliver fair representation?
Electoral reform
Redrawing electoral districts
How can further constitutional reform provide for good governance?
Complete Lords reform
Modernising the Commons
Enhancing local democracy
Constitution
A set of rules determining where sovereignty lies in a political system, and establishing the relationship between the government and the governed.
Unentrenched
A constitution with no special procedure for amendment
Parliamentary sovereignty
The principle that Parliament can make, amend or unmake any law, and cannot bind its successors.
The rule of law
The principle that all people and bodies must follow the law and can be held accountable if they do not
Statute law
Law passed by Parliament
Common Law
Law made by judges
Conventions
Traditions not contained in law but influential in the operation of a political system
Authoritative works
Works written by experts describing how a political system is run
Not legally binding but are taken as significant guides
New Labour’s constitutional reforms (judiciary)
Constitutional Reform Act (2005)
Created a Supreme Court, which acted as the UK’s highest court
Removed the judicial role of the House of Lords and in turn reduced the importance of the Lord Chancellor
New Labour’s constitutional reforms (Devolution)
Scotland - Primary legislative and tax raising powers
Northern Ireland - Primary legislative powers
Wales - Secondary legislative powers
Directly elected mayor in London and a London assembly
New Labour’s constitutional reforms (Rights)
Human Rights Act (1998) - Enshrined most of the provisions of the European Convention on Human Rights in UK law
The Freedom of Information Act (2000) - Gave greater access to information held by public bodies
