The Constitution

Question 1

What purpose does the constitution of the UK have?

Answer 1

Reduce powers of monarchy
Increase rights and freedoms of citizens
Draw together the component parts of the UK
Increase the power of the elected chamber
Define the UK’s relationship with other institutions eg EU

Question 2

Give some examples of documents that make up the constitution

Answer 2

The Magna Carta 1215
The Bill of Rights 1689
The Acts of Union 1707
The European Committees Act 1972

Question 3

Describe the nature of the UK’s constitution

Answer 3

Uncodified
Unentrenched
Unitary (sovereignty given parliament, modified by devolution)

Question 4

What are the twin pillars of the UK constitution?

Answer 4

THE RULE OF LAW- Dicey’s rule of law, entitled to fair trial, all citizens are equal under law and must obey it, inc. public officials, judiciary must be apolitical and independent

PARLIAMENTARY SOVEREIGNTY- No parliament can bind its successor, legislation cannot be struck down, parliament can make law on anything

Question 5

What are the five main sources of the constitution?

Answer 5

Statute law- passed by parliament
Common law- legal principles laid down by judges through rulings 
Coventions 
Authoritative works 
Treaties

Question 6

Explain some of the reforms made under Labour rule 1997-2010

Answer 6

Decrease number of hereditary peers, removing conservative dominance
Devolution- following referendums, didn’t dress West Lothian Question
HRA- incorporating EU law into statute law
2005 Constitutional Reform Act- creation of the SC

Question 7

What were some areas of disagreement under the coalition with regards to the constitution?

Answer 7

Plans for an elected House of Lords- supported by Lib Dems
Attempt to reduce number of MPs from 650 to 600- blocked by Lib Dems (it would have favoured the Cons.)
AV Referendum- Lib Dems
Conservatives wanted a British Bill of Rights

Question 8

Areas of reform under the coalition

Answer 8

Referendum in 2011 gave Wales increased power over areas of law making
the 2012 Scotland Act gave borrowing powers and powers over income tax
EVEL- by Conservatives
Fixed Term Parliament Act 2011
Commons Reform- MPs elect rather than leaders, back bench business committee was created
The Recall of MPs Act 2015- constituents can remove scandalous MPs

Question 9

Explain devolution in Scotland

Answer 9

The Scottish parliament was created in 1999- In Holyrood, Edinburgh
129 MSPs
Elected every 4 years using AMS
Proposes annual budget to parliament Since 2014, Sturgeon has been leader of the SNP and first minister
Can vary income tax 3p above or below ULK rate

Question 10

Explain devolution in Wales

Answer 10

the National Assembly was created in 1999 in Cardiff
Ams are elected via AMS
Only 60 members
The Welsh gov. was formerly separated from the assembly in 2006
No control over police and justice
Since the 2011 Referendum, the Assembly has passed laws in all 20 devolved areas

Question 11

Explain devolution in NI

Answer 11

Strong divide between unionists and nationalists/ republicans
Volatile dispute Good Friday Agreement 1998
A power-sharing executive (Democratic Unionist Part and Sinn Fein)
Assembly consists of 90 MLAs, elected by Single Transferrable Vote

Question 12

List some areas where many suggest the need for further reform

Answer 12

Devolution
Electoral Reform
Lords reform
HRA

Question 13

List arguments for further devolution in England

Answer 13

FEDERALISM- England receives less per person than any other area
EVEL- makes Scottish MPs second class representatives and therefore weakens unity, doesn’t solve West Lothian Q
REGIONAL ASSEMBLIES- many areas such as Devon and Cornwall have strong regional identities

Question 14

List arguments against devolution in England

Answer 14

SIZE AND WEALTH- of England would mean it dominates a federal system
EVEL- Solves Q, and has not resulted in break up union, only caused a slight tension
WESTMINSTER- For many English people, another parliament is unnecessary as they feel close enough to Westminster as their parliament
2004- The defeat of Blair’s proposals illustrates there’s not enough support, or strong enough sense of regional identities to make regional assemblies viable

Question 15

List arguments for an entrenched, codified constitution

Answer 15

AWARENESS- would educate the public on constitutional issues and create greater respect and unity
QUALITY AMENDMENTS- An entrenched condition would mean each amendment was done with greater consideration, and therefore quick and unsuccessful changes by gov are unlikely
BILL OF RIGHTS- would create awareness, strength and further protection of individual liberties,
CLARITY- creates clarity for citizens if codified
CHECKS- a constitutional court would better put checks on the other branches

Question 16

List of arguments against an entrenched, codified constitution

Answer 16

NO DEMAND- unnecessary, and difficult, constitutions are normally created through consensus after drastic change, eg a revolution
LACKS FLEXIBILITY- more difficult to evolve and progress in social change
CONSTRAINT- A codified constitution would constrain Executive eg when countering terrorism threats, preventing fast reactions
INTERPRETATION- Codified constitutions usually need extensive interpretation and are not self explanatory
UNDEMOCRATIC- having a constitutional court would put too much power in the hands of unelected, unaccountable judges, would be a direct challenge to parliamentary SOVEREIGNTY