The UK Constitution Flashcards
Codified Constitution definition?
The constitution is written down in one place, as one document. Constitutional laws are ‘entrenched’ - they have higher status than other laws, e.g. the USA.
Uncodified Constitution definition?
The constitution is made up of several sources, some written, some not. Constitutional laws are of the same standing as any other laws, e.g. the UK.
Unitary definition?
Power is concentrated in one single body/ institution e.g. the UK Parliament.
List the Sources of the UK Constitution?
- Statute Law
- Common Law
- Conventions
- Historical Texts
- Authoritative works
- EU Law/ treaties
Statute Law?
- Laws that are created by Parliament
Examples include: - 1832 GRA
- 1911 & 1949 Parliament Acts
- European Communities Act 1972
- Fixed-term Parliament Act 2011
Common Law?
- Legal principles which have been discovered, developed and applied by the UK courts.
- Can be overturned by sovereign Parliament and Statute Law
Examples include: - The royal prerogative
Conventions?
- Means of doing things which have developed through use over extended periods of time
- Not codified/ legally enforcable
Examples include: - The Salisbury Covention
- Royal Assent to Bills
Authoritative Works?
- Texts which hold no legal status but do have persuasive authority and can help identify, interpret and understand the core values of the constitution.
EU Law & Treaties?
- When the UK became a member of the EU in 1972, it submitted to EU laws as having a higher/ sovereign status to UK legislation, as well as common law established by the ECJ becoming part of UK law.
Magna Carta 1215:
Established rule of law
Bill of Rights 1689:
Set out certain basic civil rights and clarified who would be next to inherit the crown.
Act of settlement 1701:
Confirmed power of Parliament to determine succession to the Throne.
Parliament Acts 1911/1949:
Restricted the period which the HOL could block HOC Bills to two years, then one year.
List the Principles of the UK Constitution:
- Parliamentary sovereignty
- Rule of law
- Unitary State
- Constitutional Monarchy
Strengths of the UK Constitution?
- Adaptability: Gradual evolution has allowed the Constitution to adapt without the need for super-majorities/ referendums.
- Strong Government: Day-to-day power resides with the executive, who has an overall majority in Parliament.
- Accountability: The govt is accountable to Parliament and the electorate.
Weaknesses of the UK Constitution?
- Outdated and undemocratic: e.g. key elements of common law date back to medieval times.
- Concentration of power: Power concentrated at the centre with few safeguards against the arbitrary excersise of power.
- Lack of clarity: Not always clear where a govt has acted constitutionally, citizens find it hard to participate politically as they are not fully aware of their rights.
Examples of Constitutional Reform since 1997?
- HRA 1998
- 1999 Devolution
- House of Lords Reform 1999
- Establishment of Supreme Court
- Fixed term Parliament Act 2011
- Further devolution
1998 Human Rights Act:
Enshrined most of the provisions of the ECHR into UK law. The HRA required that the government ensure that all legislation is compatible with the ECHR.
Devolution?
1999:
- Selected powers developed to new bodies in Scotland, Northern Ireland and Wales.
House of Lords Act 1999?
Abolished all but 92 hereditary peers in the House of Lords.
Constitutional Reform Act 2005:
Removed the existing law lords and set out provisions for the establishment of a UK Supreme Court in 2009.
2011 Fixed Term Parliament Act:
Established a pattern of elections every 5 years, starting in 2015. It removed the ability of the PM to call elections at politically advantageous times, but as seen in 2017 it has limitations.
Arguments to suggest the UK should have a codified constitution?
- Would provide greater clarity of rights and rules for citizens.
- The rights of citizens would be given constitutional protection (entrenchment), limiting the power of the executive.
- The process of codification would be an educational process for citizens, potentially encouraging further political participation.
Arguments to suggest the UK constitution should remain uncodified?
- Codification would remove the adaptability/ flexibility of the current constitution, making it more difficult for it to adapt/ evolve.
- Current constitution functions well enough
- Would undermine the concept of Parliamentary Sovereignty
- There is little existing demand for a codified constitution and no agreed upon process of how it would be codified.
