The nature and sources of the British Constitution Flashcards
What is a codified constitution?
a constitution written in a single authoritative document
What are some positives of a codified constitution
- provides clarity and certainty
- protects rights more effectively
- provides checks and balances for gov
Disadvantages of a codified constitution
- harder to amend, making it less flexible
- may potentially give too much power to judges
Why does the Uk have an uncodified constitution?
- UK constitution has evolved over centuries through events such as the Magna Carter (1215)
What is parliamentary sovereignty?
- the principle that Parliament is the supreme legal authority within the UK
What are some challenges towards parliamentary sovereignty?
- EU memberships (pre-brexit): EU law took precedence over UK law
- Devolution: Scotland and Wales have gained legislative power, preventing westminster from holding all the power
- Referendums: Some argue they limit parliamentary power as it creates pressure
What are the main sources of the British constitution?
- statute law: laws passed by parliament
- common law: legal precedent based on past judicial rulings, evolves over time
- conventions: unwritten political rules e.g. Salisbury Convention
- Authoritative Works: books explaining constitutional principles
When and what was was the Salisbury Convention?
- 1945
- core principle: HoL should not vote against the second or third reading any gov legislation that was promised in a manifesto
- allowed scrutiny by Lords but discourages outright rejection
How does the rule of law operate in the UK?
- no one is above the law
- everyone is entitled to a fair trial
- the judiciary should be independent
How did the Magna Carta influence constitutional development?
- limited royal power
- introduced the right to a fair trial
- established that the king must obey the law
What key rights were established in the Bill of rights and when was it?
- 1869
- free elections
- Parliamentary sovereignty: Monarch cannot suspend laws without Parliament’s consent
- no taxation without Parliament consent
Which Acts reduced the power of the House of Lords and ensured the legislative supremacy of the Commons?
- 1911 and 1949
reduced the HoL power - ensuring the Commons had legislative supremacy
What was the Parliament act 1911?
- removed the Lord’s power to veto money bills
- The Lords could now only delay bills for up to two years
- Maximum duration of parliament was reduced from 7 years to 5
What was the parliament act 1949?
- reduced the house of lords power to delay non-money bills to only 1 year
- a bill could now be passed without the Lord’s consent if it was passed by the commons twice
When was the Act of Settlement and why was it significant
- 1701
- ensured judicial independence as judges could not be removed by the monarch
- helped create a more independent legal system
What are some recent laws that have impacted rights in the UK?
- HRA 1998: incorporated the ECHR into UK law
- Equality act 2010: banned discrimination based on characteristics such as race, gender etc
- Investigatory Powers Act 2016: expanded gov surveillance powers, raising privacy concerns
What are some current issues and controversies around rights?
- Rwanda Deportation Policy (2022): Debate over whether deporting asylum seekers violates human rights.
- Strikes Act (2023): Limits workers’ right to strike, raising concerns over collective rights and union power.
What are some major constitutional changes since 1997
- Devolution 1998-99: gave legislative powers Scotland, Wales and Northern Ireland
- House of Lords Reform 1999: removed all but 92 hereditary peers
- Freedom of information’s act 2000: increased government transparency
Arguments for fully elected house of lords?
- more democratic legitimacy
- increased accountability as lords would be directly responsible to voters
- stronger representation as the lords could better reflect the diversity of Britain
Arguments against a fully elected HoL?
- loss of expertise: Appointed members bring specialist knowledge
- Risk of political deadlock: Lords could claim equal legitimacy to the HoC which could create conflict over final authority
- Undermine the role: Role of HoL is to scrutinise, which if they were fully elected could cause issues due to increased partisan
What was the impact of the Human rights act 1998
- Incorporated ECHR into UK law: Allowed citizens to challenge rights violations in UK courts.
- Limited government power: Ensured laws and policies complied with human rights standards.
- Better protection of rights: Strengthened key rights like freedom of expression and the right to a fair trial.
How did the Freedom of Information Act affect government accountability?
- gave the public access to government documents, increasing transparency
- Held government accountable – Enabled scrutiny of government decisions and actions
- e.g. The act helped reveal the 2003 Iraq War ‘dodgy dossier’ scandal
What was the fixed term parliaments act 2011?
- set a fixed 5-year parliamentary term, preventing early elections
- repealed in 2022, restoring the PM’s ability to call early elections
- aimed to limit the PM’s power
- allowed for snap-elections under certain circumstances e.g. wo-thirds majority in the House of Commons or a vote of no confidence in the government
To What extent are rights protected in the UK?
- HRA 1998: Incorporates the European Convention on Human Rights (ECHR) into UK law. Allows individuals to take human rights cases to UK courts rather than Strasbourg.
- Equality laws: Protect against discrimination based on race, gender, etc.
- Pressure Groups and Media: Active civil society (e.g. Liberty, Amnesty UK) defends rights and holds government accountable.
To what extent are rights not protected in the UK
- Parliamentary sovereignty: Parliament can override or amend laws, limiting permanent rights protection
- Counter-terrorism measures: Laws may infringe on rights for security reasons. Example: Control orders (2005-2011) allowed the government to impose house arrest without trial on suspected terrorists.
- Weak judicial powers: Court can only issue declarations of incompatibility, not strike down laws. Example: The courts’ ruling that the ban on prisoner voting violated human rights, but Parliament chose not to change the law.
Areas where individual and collective rights agree
- Freedom of speech – Protects both individuals and groups (e.g., media, protest movements).
- Right to vote: Ensures individual participation while upholding democratic collective decision-making.
- Anti-discrimination laws: Protect individuals while promoting equal rights for groups (e.g., race, gender).
Areas where individual and collective rights conflict
- freedom of speech v hate speech laws, some argue hate speech laws restrict individual expression
- right to privacy vs national security, surveillance laws expand gov power but reduce privacy
- right to strike v public services, workers rights can disrupt collective rights e.g. NHS patients access to healthcare
