The UK Constitution Flashcards
What is a constitution?
- A set of laws/guidelines setting out how a political system works/where power is located.
- Defines powers/functions of gov/rights of ordinary citizens in relation to the gov.
Functions of a constitution
- determine distribution of political power within state
- est. political processes that make system work
- states limits of gov power
- states rights of its citizens
- est. rules by which nationality created
- to be able to be amended from time to time
What are the features of the British Constitution?
- legislature - have to pass through HoC/HoL/receive royal assent
- executive - cabinet system
- judiciary - Supreme Court (since 2005) deals w/all major cases; civil/smaller cases in local courts
- elections - GE every 5 yrs (use FPTP)
- multi-level governance - was member of EU until 2020 (a lot of policy influenced by EU); devolution; local councils/mayors throughout England.
Found: Magna Carta
- 1215
- agreement between John/barons as first formal attempt to limit powers of monarch; significant as starting point for future reference.
- concession to specific demands; many clauses now replaced.
- cannot sell, deny or delay justice.
Found: Bill of Rights
- 1689
- Reaction to rule of James ii
- est. principles of frequent parliaments, free elections, Parliamentary Privilege
- did not cover the rights of ordinary men or women.
Found: Act of Settlement
- 1701
- desire to exclude James II/heirs; ensure Protestant succession.
- link between Catholicism/tyrannical rule
- did nothing to propel Britain towards being a modern democracy.
Found: Act of Union
- 1707
- Eng/Scot had shared monarch since 1603 w/separate parliaments; now bound under Westminster
Found: Parliament Acts
- 1911, 1949
- reduced power of HoL
- cannot interfere with HoC
- HoL only able to delay legislation
- failed to address main issue of HoL being unelected.
Found: European Communities Act
- 1972
- Passed by Heath’s gov; only by 309-301.
- Britain became part of EEC (forerunner of EU)
- starting point of somewhat problematic relationship with EU.
- criticisms of erosion of parliamentary sovereignty.
- ultimately did not change the way in which British politics is done.
What have developments to the constitution done?
- Increased rights of ppl
- transferred power to parliament
- united UK
- increased power of HoC
- made UK part of EU
What are the main features of a codified constitution?
- written in one doc; entrenches certain laws, so can be harder to change
What is parliamentary sovereignty?
- has power to make/unmake any laws and cannot be bound by another institution/itself
What is the rule of law?
- the idea that everyone should follow the same rules/no one is above the law.
What is a unitary model of gov?
- where parliamentary sovereignty is focused on central power/gov.
What is the difference between human rights and civil rights?
- human rights apply to everyone (free speech); civil rights are rights of particular groups, granted by gov.
What is the difference between individual and collective rights?
- the rights of a singular person vs rights of a group.
- examples of them conflicting: A v Secretary of State for the Home Department - 9 men convicted without trial, as there was suspicion they could be national threat; LGBTQ+ vs Religion - Lee v Ashers Baking Company (2018) bakers refused to add pro-LGBTQ+ slogan to customer’s cake, as it was against their religion.
Reforms that happened under New Labour and Conservative govs
- Decentralisation - powers divided between local govs regionally/within UK; eg Scotland Act 1998.
- Democratisation - greater power given to public over particular institutes; eg Greater London Authority Act allowed for directly elected London mayor.
- Modernisation - updating political institutes so are not outdated; Constitutional Reform Act 2005 allowed for creation of Supreme Court.
- Enhancing rights - greater protection of an individual’s rights/freedoms; Equality Act 2010, so one cannot be discriminated based on protected characteristics.
What are some of the reforms that happened to the HoL?
- House of Lords Reform Act 1999 - limits no. of hereditary peers to 92.
- House of Lords Reform Bill 2012 - Lib Dems intro’d 3 stage process to further modernise; opposed by Tory MPs.
- House of Lords Reform Act 2014 - peers can leave/retire.
How does the constitution protect rights well?
- values civil liberties w/formal support of human rights (HRA), also strong legal protections via ECHR.
- HRA incorporates ECHR into UK law, EU law also provided additional protection.
- has strong institutional framework that protects rights beyond courts.
What are the 6 main sources of the UK constitution?
- statute law
- common law
- conventions
- royal prerogative
- authoritative works
- treaties
What is statute law?
Acts of Parliament; includes laws that define who can vote/human rights; as part of EU, European laws/treaties took precedence.
eg. Representation of the People Act 1969.
What is common law?
- legal precedent resulting from rulings of senior judges
- passed down over the years
- can be modified by statute law eg not one law makes murdered a criminal offence, rather the notion that is a crime and has always been viewed as that.
What are conventions?
- unwritten rules/procedures concerned with parliament/smooth running of constitution
- eg - monarch formally invites leader of largest single party to form gov; monarch gives royal assent; Salisbury-Addison Convention 1945 - HoL agreed not to delay any manifesto promises of Attlee’s gov.
What is the royal prerogative?
- formal powers of monarch exercised by PM/gov
- eg prorogation of parliament (Johnson 2019 - had to seek permission of Queen, but she had to agree).
- modern monarchy must be above party politics/play only a ceremonial role.
- appointing ministers, making international treaties, calling GEs etc lie with executive, not legislature.
What are authoritative works?
- variety of books/docs that deal with areas such as parliamentary procedures/responsibilities of gov
- The English Constitution - Bagehot (1867) - distinguishes between efficient/dignified; cabinet holds most of real power.
- Introduction to the Study of the Law of the Constitution - Dicey (1885) - explains/identifies main characteristics; twin pillars of democracy - monarch cannot veto any bill passed by HoP; asserted notion that Parliament has right to make/unmake any law.
- Parliamentary Practice - Ershine May (1844) - includes standing orders of each chamber, historical procedure, key rulings by Speaker.
- Cabinet Manual (2010)
What are treaties?
- UK signatory to no. of international agreements eg ECHR/areas such as dealing with climate change.
- gov obliged to abide by their terms or face legal challenges
In what ways have political institutions been successfully modernised?
- HoL has undergone substantial transformation since 1997; smaller, more diverse, less Tory-dominated; easier to hold peers accountable.
- Creation of SC has enabled clear separation between executive/judiciary; has remained politically neutral/apolitical unlike US counterpart.
- Notion of gender equality has reached even traditions of royal family.
In what ways has the protection of human rights been successfully developed?
YES:
- landmark legislation in area of human rights has increased awareness/visibility of rights, especially of minority groups.
- Important role of SC in interpreting legislation has increased protection of citizens’ rights.
- laws concerning privacy/access (Freedom of Information Act, Data Protection Act) to information have also enhanced rights of everyone; made public bodies/powerful institutions more accountable/responsible.
In what ways has democratisation been successful?
- Police Reform Act 2011 - direct election of police/crime commissioners has enhanced opportunities for political participation/local democracy.
- Reform of EP elections has enabled greater variety of parties to be represented including UKIP/Brexit Party + BNP; proportionately more Greens/Lib Dems.
- Greater autonomy in large cities/post of Mayor of London has attracted high-profile incumbents; several other cities have embraced idea eg Andy Burnham elected Mayor of Greater Manchester in 2017.
In what ways has devolution been successful?
- popular support has increased; originally in 1997, Wales backed plan by 50.3% to 49.7%; in 2011 another vote to expand law-making powers backed by 63.5%.
- NI -> end Troubles.
- stopped full separation of Scotland from UK in 2014.
- has worked well in Scotland/Wales; number of powers has increased.
Arguments for the codification of the British Constitution.
- would provide better clarity on what is/isn’t constitutional.
- removing vagueness of custom/tradition would represent modernisation of political process.
- would provide further/more easily understood rights for all citizens.
- could reduce concentration of power in hands of executive.
- enable local gov/regional assemblies to enjoy permanence.
- would end process of piecemeal codification eg Cabinet Manuel/Osmotherly Rules.
- convention can/are broken eg when Johnson sought to prorogue parliament for 5 weeks, only unanimous ruling by SC stopped attempt (by convention, prorogation lasts for shorter periods).
- one of only three countries.
Arguments against codification of British Constitution.
- currently encourages flexibility/adaptability eg calling of early elections; codified = more rigid.
- would go against tradition of UK politics (evolutionary, rather than revolutionary).
- parliament would struggle to come to a consensus on much of content.
- would give unaccountable judges greater power -> required to make rulings on what Acts/measures constitutional; would politicise judiciary.
- lack of popular demand for reform eg AV referendum in 2011.
- would undermine parliamentary sovereignty, which has served well.
How does the constitution fail to protect rights?
- existing framework (HRA/ECHR) vulnerable to political attack.
- Brexit removing safety net from certain non-discrimination migrant/labour rights formerly provided by EU law.
- UK govs are able to pass legislation diluting rights protection esp w/anti-terror laws/migration.
In what ways have political institutions not been modernised successfully?
- Reform of HoL remains incomplete/unfinished; attempts to build upon 1998 measure have come to nothing; UK remains virtually unique in democratic world in having entirely unelected second chamber.
- Creation of independent SC has arguably led to too much power residing with unelected/unaccountable justices, undermining parliament.
- Alteration of line of succession is very minor; remains illegal for monarch to be Roman Catholic.
In what ways has protection of human rights not been successfully developed?
- Could be argued that expansion of rights has led to identity politics/clash between individual and collective rights.
- Freedom of Information Act - many requests for info declined.
- Growing role of courts has led to controversy; SC ruled aspects of anti-terror legislation (eg freezing of assets of suspected terrorists in 2010) incompatible with HRA.
In what ways has democratisation not been successful?
- Provisions of FTPA easily overcome in 2017/2019 to bring about early elections.
- Lack of enthusiasm for reform of national electoral system.
- Mayor of London considered successful but in regions, picture more mixed; where referendums held on whether to establish mayoral elections, majority have rejected; 2016 - Torbay voted to get rid of position of elected mayor having approved it in 2005.
In what ways has devolution not been successful?
- has not succeeded everywhere; NI - policy disagreements/scandal over failed renewable energy scheme meant Assembly suspended Jan 2017-Jan 2020.
- support for devolution in England has not increased; 2004 proposal to create North East regional assembly rejected by 78%.
Describe the significance of the 1997 Referendums (Scotland and Wales Act).
It led to the creation of devolved bodies in Scotland and Wales.
How did the 1998 Scotland, Northern Ireland and Wales Act impact governance in the UK?
It established devolved bodies for Scotland, Northern Ireland, and Wales.
Define the purpose of the 1998 Human Rights Act in the UK.
It incorporated the European Convention on Human Rights (ECHR) into UK law.
What change did the 1999 House of Lords Reform Act bring to the House of Lords?
It limited the number of hereditary peers to 92.
Explain the electoral change introduced by the 1999 European Parliamentary Elections Act.
It established proportional representation instead of first-past-the-post (fptp) for European elections.
How did the 1999 Greater London Authority Act affect local governance in London?
It allowed for the election of a directly elected mayor for London.
What was the main objective of the 2000 Freedom of Information Act?
- To provide greater access to information held by public bodies.
- Around 120,000 requests are made each year under the Act, with private citizens making 60% of them, businesses 20% and journalists 10%.
- Examples of facts that have been brought to light by the Act include a bailout of troubled academy schools, details of MPs’ expenses claims.
- also more transparency about the historic actions of Gov, including complicity in torture in post-war Germany.
- works to protect rights and freedoms by providing transparency on the workings of public bodies and more accountability on the Government – theoretically improving civil liberties in the UK.
Describe the outcome of the 2004 Regional Referendum in North East England.
The elected regional assembly was rejected by voters.
What was a key result of the 2005 Constitutional Reform Act?
It created the Supreme Court and separated the judiciary from the executive, replacing the Law Lords.
How does the 2010 Equality Act protect individuals in the UK?
It prohibits discrimination based on protected characteristics.
What does the 2010 Cabinet Manual outline?
It sets out the main laws, rules, and conventions affecting the conduct of the British Government.
Describe the significance of the Police Reform Act of 2011.
It introduced the direct election of Police and Crime Commissioners, allowing the public to have a say in local policing.
Define the Fixed-Term Parliament Act of 2011.
- established that GE would occur every five years unless two-thirds of MPs voted in favour of an early election; it was repealed in 2022.
How did the Electoral System Referendum of 2011 impact voting systems in the UK?
The referendum proposed an alternative vote system to replace first-past-the-post, but it was ultimately rejected.
What was the purpose of the Protection of Freedoms Act of 2012?
It aimed to provide greater protection from state interference and enhance scrutiny of security services.
Explain the House of Lords Reform Bill proposed in 2012.
It suggested a three-stage process for reforming the House of Lords, but it was rejected by the Conservative party.
What change did the Succession to the Crown Act of 2013 introduce?
It established that the first-born child, regardless of gender, would be next in line for the throne.
What did the House of Lords Reform Act of 2014 allow for its members?
It permitted members to leave or retire from the House of Lords.
How did the Data Protection Act of 2018 relate to GDPR?
It implemented the General Data Protection Regulation (GDPR) in the UK, enhancing personal privacy protections.
Define individual rights.
Individual rights are rights held by individuals, such as the right to a fair trial or the right not to face discrimination.
Describe collective rights.
Collective rights belong to groups, which can range from formally organized groups like trade unions to faith-based groups, and also apply to the general population, such as the right to protection from acts of terrorism.
How did the case of Ashers Baking Company Ltd impact the understanding of individual rights versus collective rights?
The case highlighted that the individual right to free speech and expression can prevail over the collective rights of a particular group, as the Supreme Court ruled that the bakery’s refusal was based on their beliefs, not discrimination against a person.
What was the outcome of the Ashers Baking Company Ltd case in October 2018?
In October 2018, the Supreme Court overturned the judgment of lower courts, ruling that the bakery was not guilty of discrimination against a gay person, as they would have refused the request regardless of the customer’s sexual orientation.
Discuss the practice of female circumcision in relation to collective rights.
Female circumcision is a common practice among certain communities in parts of Africa and the Middle East, raising questions about the balance between cultural practices (collective rights) and individual rights, particularly women’s rights.
How did the 2016 case involving Uber drivers illustrate the tension between individual and collective rights?
In 2016, two Uber drivers sued the company claiming they were employees rather than self-employed, seeking benefits and fighting for the collective rights of all Uber drivers. This situation highlighted the tension where some drivers valued their individual rights to self-employment, while the collective rights of all drivers were ultimately prioritized.
What is the significance of the Female Genital Mutilation Act 2003 in the context of child safeguarding in the UK?
The Female Genital Mutilation Act 2003 is significant as it makes FGM illegal and establishes a legal framework that requires schools and social services to report suspected cases, thereby protecting children’s rights and welfare.
Explain the implications of prioritizing collective rights over individual rights in the case of Uber drivers.
Prioritizing collective rights over individual rights in the case of Uber drivers meant that while some drivers enjoyed the freedom of self-employment, the legal decision favored the collective rights of all drivers to receive benefits, potentially limiting the individual autonomy of some.
Discuss the cultural implications of FGM in relation to UK societal values.
FGM is at odds with most countries’ cultural norms and values, particularly in the UK, where it is viewed as a form of child abuse, leading to a conflict between the rights of individuals to practice their culture and the rights of children to be protected from harm.
