The Constitution - Topic 1.1

Question 1

What is the nature of the UK Constitution?

Answer 1

The UK Constitution is an uncodified and unentrenched set of laws and papers that has three branches to manage the daily running of the country. The constitution comprises the Legislature, the Judiciary and the Executive.

Parliament, which is unitary and devolved amongst the four nations of the UK, is the supreme legislative body based on the ‘twin pillars’ of parliamentary sovereignty and acting in the rule of law. Parliament can change the law, making the law fluid and easy to maintain its modernity.

The Supreme Court and Tribunal Judiciary comprise the Judiciary, and the Crown, the PM and the Cabinet comprise the Executive. All branches are in the name of the Crown.

Question 2

How did the Magna Carta develop the Constitution?

1215

Answer 2

• Gave the Baron’s rights to keep them safe from the King
• Basis of many rights in the UK
• Every man has the right to a free trial/justice
• Absolutist monarchy is ridden of
• No taxes without council agreement

Question 3

How did the Bill of Rights develop the Constitution?

1689

Answer 3

• Glorious Revolution - William III & Mary II
• Rules for a Constitutional Monarchy
• Stopped the monarch ruling without the consent of Parliament
• The monarch has to be a Protestant

Question 4

How did the Act of Settlement develop the Constitution?

1701

Answer 4

• Confirmed the primacy of the government and Parliament over the Crown
• Reinforced the Bill of Rights of 1689
• Confirmed judicial independence and a judge can only be removed by both houses of Parliament

Question 5

How did the Act of Union develop the Constitution?

1707

Answer 5

• Union of the Parliaments of Scotland and England
• Created the United Kingdom of Great Britain
• Church of Scotland was allowed to be separate from the Church of England
• Scotland could still keep their laws

Question 6

How did the Parliament Acts develop the Constitution?

1911 & 1949

Answer 6

• PM Asquith threatened to fill the House of Lords with liberal peers because they refused to pass a land tax
• The Modern Liberals wanted to help the poor through schools, pensions, social housing and job centres; poor → middle-class
• A compromise to removing the House of Lords modernised the House of Lords
• House of Lords lost the right to veto and could no longer deny financial bills and can only delay other bills by 2 years, the second act reduced this to 1 year
• Tried to bring in more democracy and established democratic legitimacy of the Commons over the Lords

Question 7

How did the European Communities Act develop the Constitution?

1972

Answer 7

• Passed by the Conservatives in October by PM Heath
• Made the UK join the EEC (EU in 1993) on 1st January 1973
• EU law was given precedence over domestic UK law
• Constitutionally bound the UK to Europe
• Repealed in 2018 by the EU Withdrawal Act because of the Brexit Referendum

Question 8

How did British devolution develop the Constitution?

Answer 8

• Referendum in Scotland, Wales and NI where each country could have their government to control education, healthcare, social services etc.
• Regulate their budgets
• The referendum had a 60% approval rate across the UK
• It does challenge the basis of what the UK is made up of

Question 9

How did the Brexit Referendum develop the Constitution?

Answer 9

• A referendum to ask the British public if they wanted to be removed from the EU and EU law; won by a slim margin (52/48)
• Allows the government to repeal the European Communities Act and allows the UK to have precedence over EU law and to change and repeal previously passed legislation

Question 10

What are the five main sources of the UK Constitution?

Answer 10

• Statute law
• Common law
• Conventions
• Authoritative works
• Treaties