The UK Constitution

Question 1

what is a constitution?

Answer 1

A constitution is a set of rules that establishes the duties, powers and functions of the various institutions of government as well as regulating the relationship between and among the institutions

it also defines the relationship between the state and the individual

essentially sets out how the country is run, how the political system works and where power is located within the system

Question 2

what are the three main functions of a constitution?

Answer 2

establishes the duties, powers and functions of the various institutions of government

regulates the relationship between and among the institutions

defines the relationship between the state and the individual

Question 3

why do we need a constitution?

Answer 3

to protect people from dictatorships

to prevent anarchy (e.g. what happened in Iraq) and ensure political stability and order

to protect the rights of citizens

to limit and regulate powers of the government and prevent abuses of power

to define a nation

often the basis of all other law (although not in the UK)

important after a revolution or upheaval of some kind

Question 4

what are the different types of constitution?

Answer 4

codified

uncodified

rigid/entrenched

flexible/unentrenched

Federal

unitary

Question 5

what is a codified constitution?

Answer 5

A codified constitution is a constitution in which laws and practices are contained in a single document created at a particular time

Question 6

what is an uncodified constitution?

Answer 6

an uncodified constitution is one in which many of the constitutional rules are written down but they are not gathered together

rules are also found in convention and tradition

A mixture of written and unwritten elements

Question 7

what is a rigid/entrenched constitution?

Answer 7

A rigid/entrenched constitution is a constitution where rules are safeguarded by a higher court against change by future government or legislature

requires special procedures to amend it

Question 8

what is a flexible/unentrenched constitution?

Answer 8

A flexible/unentrenched constitution is a constitution that can be altered by the lawmaking process relatively easily

A simple majority vote in parliament is enough to make a change to the constitution

all laws have equal status

Question 9

what is a federal constitution?

Answer 9

A federal constitution is where power is divided between the central government and regional areas

Question 10

what is a unitary constitution?

Answer 10

A unitary constitution is where power is centralised

regional governments have few powers and all legal sovereignty is contained in a single place

Question 11

what type of constitution does the UK have?

Answer 11

The UK constitution is uncodified, unitary and flexible/unentrenched

Question 12

what are the debates about the UK constitution being unitary?

Answer 12

The UK constitution is unitary but has been modified since the introduction of devolution in the late 1990s

some would now use the term ‘union state’ to describe the UK since the centre still remains strong but the devolved subnational units are governed in different ways and devolution can still be altered by an act of parliament

devolution in the UK is not strong enough for the UK constitution to be considered federal

Question 13

what are the features of a codified constitution?

Answer 13

the rules and principles governing the state are in one single document

fundamental law (constitutional law under a codified constitution is superior to all other law)

entrenched — special procedures are needed to make a change to the constitution (E.g. in the US, an amendment to the Constitution requires 2/3 support from Congress and 3/4 of the states to support it)

courts use the constitution to determine whether actions of key players are constitutional or not

example of codified constitutions = USA (which is also federal), Germany and France

Question 14

what are the features of an uncodified constitution?

Answer 14

no single document, there are instead a number of different sources that make up the Constitution

no fundamental law — constitutional law has the same status as regular law

unentrenched — can be amended easily without the need for special procedures

judicial review is limited and it is harder for courts to decide if an act is unconstitutional or not because the Constitution is not contained in a single document

example of an uncodified constitution = The UK

Question 15

why does the UK have an uncodified constitution?

Answer 15

No revolution or upheaval has ever happened that has required us to re-write our constitution or make a single document like the US — The UK has not undergone a fundamental, transforming change or a military defeat followed by occupation by a foreign power

The way the Constitution has evolved means that it is uncodified — Began with the Magna Carta, then the Bill of Rights, representation acts, EU law, et cetera

It is not written down all in one place because of this — it has gradually evolved without dramatic breaks in continuity (with the exception of the 17th century civil wars in England)

Unlike the US, whose constitution dates back to 1787 when they established independence from Britain and their leaders had to decide how to govern themselves free from British rule

Question 16

historical development of the UK constitution and the significance of this today

Answer 16

Magna Carta (1215)

Bill of Rights (1689)

act of settlement (1701)

act of union (1707)

Parliament act (1911 and 1949)

European communities act (1972)

Question 17

even though the UK lacks a single document, what does it have?

Answer 17

Even if the UK constitution lacks a single document, it still has important written components considered historical landmark documents that have influenced the growth of the political system

These documents have reduced powers of the Monarch, extended powers of parliament, increased citizens rights and freedoms and defined the U.K.’s relationship with institutions

These are some of the key purposes of the documents that make up the UK constitution

Question 18

Magna Carta (1215)

Answer 18

promised protection of church rights, the principle of habeas corpus (No illegal imprisonment) and restricted the powers of the Monarch

Significance today — Equality in terms of the rule of law, accountability of our leaders, source of liberty, forerunner of human rights

Question 19

Bill of Rights (1689)

Answer 19

Key in today’s political system And formed the basis for future constitutional statutes

reinforced the petition of Right and the habeas corpus act

protected freedom of speech in Parliament

only Parliament can levy taxes

Parliament must be held frequently

no cruel and unusual punishment

sovereignty of Parliament

Question 20

Act of Settlement (1701)

Answer 20

Led to the formation of the UK

Monarchy must be Protestant, which still causes some controversy today

No foreigner can be an MP

no one who receives money from the Crown can be an MP

first-born daughters can ascend to the throne too

Question 21

Act of Union (1707)

Answer 21

Scotland became part of the UK, keeping its own church, legal system and local government

By the 1970s there was political support for devolution to Scotland

Question 22

Parliament Act (1911 + 1949)

Answer 22

abolished the power of the House of Lords to veto a bill that originated in the Commons

Reduced the length of Parliament from 7 years to 5 years

Money bills could only be delayed by one month

Salisbury Convention (prevents the Lords from voting against an elected government’s legislation from its manifesto)

Supremacy of the House of Commons was established and the House of Commons was given more legitimacy

Question 23

European Communities Act (1972)

Answer 23

forerunner of the EU

Updated to incorporate the Single European Act and the Maastricht Treaty

Shifted some sovereignty to the EU

Some EU legislation applies directly to the UK without further legislation by Parliament

Arguably the most important constitutional change due to shifting sovereignty from the UK to the EU

Question 24

development of the constitution: how far can the UK constitution be traced back to? where was power concentrated in the Middle Ages?

Answer 24

Elements of the UK constitution can be traced back over 1000 years

In the Middle Ages, power was concentrated in the hands of the Monarch but in order to govern the monarch required cooperation of a class of landowning nobility, who gradually gained more rights over time

From the 13th century, the nobles and other groups gained representation in an assembly (Parliament) who met to advise the mornarch, pass laws and give consent to taxation

Question 25

development of the constitution: what did Parliament consist of in the 13th century?

Answer 25

Parliament consisted of an upper house (made up of hereditary aristocracy and senior members of the church) known as the House of Lords

and an elected House of Commons (initially consisting of representatives of landed gentry and wealthy merchants) but increasingly took on a representative function and expected to be heard when presenting grievances to the Monarch

Question 26

development of the constitution: when did Parliament become more powerful than the monarch?

Answer 26

The balance of power between the Monarch and Parliament was eventually adjusted to favour Parliament as a result of the 17th century civil wars

Parliament became the U.K.’s supreme lawmaking body

By the 19th century, Britain was governed by a constitutional monarch who acted on the advice of ministers and those ministers were accountable to Parliament

Question 27

development of the constitution: when were voting rights extended?

Answer 27

Voting powers were increasingly extended to the middle and working classes in the 20th century which created a more democratic society and ended the monopoly of power enjoyed by the aristocratic elite

This was reflected in parliament by the emergence of the elected Commons as the most powerful house of Parliament, more powerful than the Lords

Question 28

development of the constitution: when did judicial independence begin to develop?

Answer 28

in the 17th century, it was also recognised that the judiciary should be independent and free from political influence and government control

Judges became important in upholding the rule of law (the idea that everyone is subject to the law and no one is above it, including government)

Question 29

more detailed information on historical documents: Magna Carta (1215)

Answer 29

an agreement between King John and the barons who rebelled against the abuse of royal power

Many clauses have been repealed or superseded by later legislation but it still remains a powerful symbol of English liberties

Stated the principle that no one should be deprived of liberty or property without due process of law, reducing powers of the monarchy

Question 30

more detailed information on historical documents: Bill of Rights (1689)

Answer 30

passed by Parliament in response to the arbitrary rule of King James II

his successors (William III and Mary II) affirmed the rights of Parliament when they accepted the throne — The authority of the monarchy rests on the consent of Parliament

Included provisions for regular parliaments, free elections and freedom of speech within Parliament

Question 31

more detailed information on historical documents: Act of Settlement (1701)

Answer 31

Motivated by a desire to exclude James II and his heirs from the throne, their rule was considered tyrannical

Established the right of Parliament to determine the line of succession to the throne

Question 32

more detailed information on historical documents: Acts of Union (1707)

Answer 32

The act united England and Scotland, who had shared a monarch since 1603 but retained two separate Parliaments (both countries now shared a parliament based in Westminster)

The Act was the basis of the United Kingdom — Until new Labour passed legislation to set up a Scottish parliament once again in 1997

Question 33

more detailed information on historical documents: The Parliament Acts (1911 + 1949)

Answer 33

Reduced the power of the House of Lords to interfere with the agenda of the House of Commons

The 1911 Act was provoked by the Lord’s rejection of the radical tax raising Peoples Budget

the 1911 Act affirmed that the Lords could not delay money bills, they have a two year delaying power for non-financial bills (replaced veto powers)

the 1949 Act reduced this delaying period to 1 year

Question 34

more detailed information on historical documents: The European Communities Act (1972)

Answer 34

Passed by Edward Heath’s Conservative government

Took Britain into the EEC (European Economic Community) which later became the EU

Established the principle that EU law would take precedence over UK law

Expected to be repealed after the Brexit decision to leave the EU in 2016

Question 35

strengths and weaknesses of the UK constitution

Answer 35

Strengths of the UK constitution — the UK constitution has been defended on a number of grounds which include Flexibility, effective government, democratic rule, history and tradition

Criticisms and weaknesses of the UK constitution — the UK constitution has nevertheless been subject to growing criticism, these include uncertainty, elective dictatorship, centralisation, weak protection of rights

these criticisms have been levelled especially at the traditional constitution, the Constitution that existed before the Blair governments reform started in 1997, but many commentators argue that they remain relevant to the contemporary and reformed constitution

Question 36

strengths of the UK constitution: FLEXIBILITY

Answer 36

The UK constitution is easy to change and amend as times change, therefore reflecting modern society

It is much easier and quicker to introduce an act of parliament and to amend the US Constitution as it is unentrenched

Remains relevant and up-to-date as it can adapt to changing political and social circumstances

For example devolution was introduced as a response to rising nationalism in Scotland and Wales

One of the chief strengths of the UK constitution is that it is flexible and easy to change, this occurs in particular because of the importance of statute law, it is easier and quicker to introduce an act of parliament had to amend say that US Constitution, flexibility therefore arises from the fact that the UK constitution is not entrenched, the advantage of the U.K.’s unfixed constitution is that it remains relevant and up-to-date this occurs because it can adapt and respond to changing political and social circumstances, the introduction of devolution was for instance a response to rising nationalism in Scotland and Wales

Question 37

strengths of the UK constitution: DEMOCRATIC RULE

Answer 37

Long period of unbroken democratic rule

Importance of Parliamentary sovereignty

Authority is rested in the house of commons — Elected representatives have the power, not unelected people like the House of Lords or the judges, this keeps their power in check

This all ensures democracy

For example the Parliament acts reducing the powers of the House of Lords as it is seen as wrong for an unelected chamber to be able to block the policies of elected governments who Govern with the consent of the people

Our judges are unelected but have minimal influence and can be held accountable, unlike in the US

The U.K.’s long period of unbroken democratic role is often seen as evidence of the strength of its constitutional system, the reason why the Constitution have a democratic flavour is because of the importance of Parliamentary sovereignty, in the U.K.’s on codified constitution, supreme constitutional authorities bested ultimately in the elected house of commons, changes to the Constitution therefore often come about because of democratic pressure, for instance social and at economic changes in the 19th century lead to the extension of the franchise through a series of reform act, similarly the powers of the house of lords were reduced through the Parliament acts Because of a growing belief that an on elected second chamber should no longer have the right to block the policies of elected governments, the democratic character of the UK constitution is also maintained by the fact that the influence of unelected judges is kept to a minimum, in the USA the Constitution effectively means what the judges of the Supreme Court say it means and these judges are in no way publicly accountable but the UK does not suffer from this problem

Question 38

strengths of the UK constitution: EFFECTIVE GOVERNMENT

Answer 38

Helps make government stronger and more effective as it is easier and quicker for Parliament to pass acts as their decisions cannot be overturned by the judiciary

Allows the government to take strong and decisive action

For example radical reforming governments such as the 1945 to 51 Attlee government that introduced the NHS nationalisation and comprehensive national insurance

Supporters of the UK constitution often argue that it helps to make UK government stronger and more effective, this occurs for two reasons, firstly given the absence of a written constitution government decisions are backed by Parliament cannot be overturned by the judiciary, secondly the UK system of Parliamentary government based on the Westminster model usually means that governments get their way in parliament, this concentration of power in the hands of the executive within the Parliamentary system allows UK governments to take strong and decisive action

This is best reflected in the radical reforming governments such as the Attlee government of 1945 to 51 which amongst other things set up the NHS, introduced comprehensive national insurance and nationalised a wide range of industries

it is also seen in the Thatcher government of 1979 to 90 which introduced privatisation, deregulated the economy and started to reform the welfare state

Question 39

strengths of the UK constitution: HISTORY AND TRADITION

Answer 39

As The Constitution is based on tradition and custom, it links present generations to past ones

The UK constitution has developed and grown over time, giving it an organic character as if it is a living thing unlike codified institutions that have been created

Historical authority (our principles have been tested over time and so clearly work)

For example the monarchy and the House of Lords

This is an argument most commonly associated with Conservative thinkers, in their view a key strength of the UK constitution is that being based on traditional custom it links present generations to past generations, because of the role of common law and conventions in particular the UK constitution has developed and grown over time, giving it an organic character the Constitution is like a living thing, this contrasts starkly with codified constitution is which by definition have been created

The benefit of an organic constitution that is based on custom and tradition is that it has historical authority, constitutional rules and principles have been tested by time and therefore been shown to work, this can be seen most clearly in relation to the dignified aspects of the constitution such as the monarchy and the House of Lords

Question 40

weaknesses of the UK constitution: UNCERTAINTY

Answer 40

Difficult to know what our constitution actually is and says as there is no single document

The multiple sources make it unclear and confusing especially in regard to our rights, which many do not really know or understand

Many of our sources are unwritten too, such as conventions like how the monarchy should not interfere with Parliament

critics of the UK constitution point out that is sometimes difficult to know what the Constitution says, there is confusion surrounding many constitutional rules because quite simply they are not hard and fast

this applies particularly to the constitutions unwritten elements for instance the convention of individual ministerial responsibility requires that ministers are responsible for blunders made by their department, but does this mean that they should resign when civil servants make mistakes or only when mistakes are made by the Minister? further, does responsibility imply that anyone has to resign or just that the Minister must provide answers and promise to put mistakes right

It is difficult in such cases to escape the conclusion that the Constitution is made up as we go along

Question 41

weaknesses of the UK constitution: ELECTIVE DICTATORSHIP

Answer 41

Most serious criticism is that our constitution gives rise to an elective dictatorship which means that once elected, the UK government can more or less act as they please (e.g. as dictators) until they come up for re-election

They are essentially able to reshape the Constitution however they want

This is because parliament is sovereign and has ultimate power and the government of the day can controls parliament

Especially if they achieve an absolute majority which is possible under first past the post and usually likely

Makes it easier for the government to go ahead with possibly problematic and unconstitutional changes, creating the possibility of a tyrannical and oppressive government

The most serious and challenging criticism of the UK constitution is that in practice it gives rise to the problem of elective dictatorship, this term was coined in 1976 by Lord Hailsham a former Conservative minister and later a Lord Chancellor under Thatcher

It draws attention to the simple fact that once elected UK governments can more or less act as they please (that is Act as dictators) until they come up for re-election

This occurs through a combination of two factors, firstly sovereign power is vested in the hands of Parliament, secondly Parliament is routinely controlled even dominated by the government of the day

The problem of elective dictatorship is that in concentrating power in the hands of the executive it allows the government of the day to shape and reshape the Constitution however it wishes

This creates the impression that in fact the UK does not have a constitution, as John Griffiths put it the Constitution in the UK is ’what happens’

The other concern is that in widening the powers of government it creates the possibility that government may become oppressive and tyrannical

Question 42

weaknesses of the UK constitution: CENTRALISATION

Answer 42

The UK has an over centralised system of government with weak and ineffective checks and balances

this is because the Prime Minister tends to dominate cabinet, the House of Commons is more powerful than the House of Lords, the executive usually controls Parliament and central government controls local governments

There is a concentration of power which can be hard to keep in balance and restrained

This issue has been tried to be solved through devolution et cetera but some argue that it has not been enough

A further target of criticism has been that the UK has an over centralised system of government with weak or ineffective checks and balances, one of the key features of liberal democracy is that government power is limited through internal tensions between and amongst government bodies

However UK government is characterised more by the concentration of power than it’s fragmentation, this can be seen in many ways including the fact that the Prime Minister tends to dominate cabinet, House of Commons is more powerful than the House of Lords, executive usually controls Parliament and central government controls local government

The constitutional reform is that have been introduced since 1997 have certainly tried to address this problem particularly through devolution and the early stages of Lords reform, although these reforms have been widely credited with having dispersed government power many argue that they have not gone far enough

Question 43

weaknesses of the UK constitution: WEAK PROTECTION OF RIGHTS

Answer 43

Due to the possibility of an elective dictatorship there is a weak protection of rights under the UK constitution

There is nothing except elections that requires or forces the government to respect individual freedoms and basic rights

There is also a traditional unwillingness to write down these rights or give them legal substance

The human rights act 1998 has defined rights more clearly and make them easier to be defended in court but this could easily be set aside by Parliament through a simple act of parliament

The final criticism is that the UK constitution provides weak protection for individual rights and civil liberties, in part this is a consequence of elective dictatorship and the fact that except for elections there is nothing that forces the government to respect individual freedom and basic rights

Elections can only do this in adequately as they tend to empower majorities rather than minorities or individuals, however this concern of a weak protection of rights also arises from a traditional unwillingness to write down individual rights and freedoms in order to give them legal substance

Individual freedom in the UK traditionally rested on residual rights that was supposed to be part of common law, the passage of the human rights act 1998 has certainly changed this by both defining rights more clearly and making it easier for them to be defended in the courts, however it stops well short of being an entrenched Bill of Rights as its provisions could be set aside by Parliament, as has occurred for instance over terrorism legislation

Question 44

what are checks and balances?

Answer 44

The idea of checks and balances stems from the basic liberal fear that government is always likely to become a tyranny against the individual (power tends to corrupt)

Government power must therefore be limited or constrained, which can be done by creating institutional tensions within the system of government by fragmenting government power

As the political philosopher Thomas Hobbes put it ”liberty is power cut into pieces”

A network of checks and balances therefore insures that government is at war with itself, limiting its ability to wage war against its citizens

The checks and balances that are commonly found in liberal democracies include the separation of powers, bicameralism, Parliamentary government, cabinet government, judicial independence and federalism or devolution

Question 46

what are the checks and balances in liberal democracies?

Answer 46

Checks and balances in liberal democracies...
• Judicial independence
• Devolution or federalism
• Cabinet government
• Separation of powers

These need to be carried out to balance out and restrain Parliamentary power so a government cannot become tyrannical and oppressive

Question 47

5 main sources of the UK constitution

Answer 47

In the absence of a single document, the origins and sources of the UK constitution can be found in five main areas…

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

Question 48

sources of the UK constitution: STATUTE LAW

Answer 48

Statute law is the body of law passed by Parliament

Not all statute law is constitutional (only the laws affecting citizens rights and the nature of the political system are)

Most important source as it is underpinned by the concept of Parliamentary sovereignty

For example, the 1998 Scotland Act created a devolved legislative body, giving Scotland some powers that were previously held by Westminster

Question 49

sources of the UK constitution: COMMON LAW

Answer 49

Common law is the law and legal principles laid down by judges in their rulings in court cases which provides precedent for later judgements

Important where it is unclear how statute law should be applied in practice

For example, the presumption of being innocent until proven guilty

habeas corpus Was a common law protection against unlawful imprisonment (converted into a statue in 1679)

Question 50

sources of the UK constitution: CONVENTIONS

Answer 50

Conventions are customs, practices and traditions not contained in law which do not have legal force but which have been broadly accepted over time

Influential in the operation of the political system

Can be challenged and changed by a Act of parliament

For example, the government will not order military action without prior Parliamentary approval unless in an emergency (the principle was established after the 2003 Iraq war)

Question 51

sources of the UK constitution: AUTHORITATIVE WORKS

Answer 51

Authoritative works are written by experts

They tend to be textbooks explaining how the political system works and is run

Function as very useful guides but lack legal standing

For example Parliamentary Practice by Erskine May published in 1844 and regularly updated, explains the rules of Parliamentary life

Question 52

sources of the UK constitution: TREATIES

Answer 52

Treaties are formal agreements with other countries, such as EU member states, that the UK has signed

Usually ratified by Parliament

For example the Maastricht Treaty (1992) which transformed the European Community into the European Union

Question 53

what is an elective dictatorship?

Answer 53

Elective dictatorship is a constitutional imbalance in which executive power is checked only by the need of governments to win elections

In the UK it is reflected in the ability of a government to act in any way pleases as long as it maintains control of the House of Commons

Elective dictatorship occurs due to the absence of a codified constitution which means that Parliament has sovereign power

It also occurs due to the subordinate status of the House of Lords which means that the sovereign power of Parliament is in practice Exercised by the House of Commons

The first past the post voting system means that the House of Commons is usually dominated by a single majority party

Tight party discipline means that government has majority control of the Commons and so can use Parliamentary sovereignty for its own ends

Question 54

constitutional reform under Blair and Brown: what have these reforms led to?

Answer 54

The constitutional reforms under Blair and Brown created momentum for further and perhaps more radical constitutional change

For example, once devolved assemblies were established, especially with the Democratic legitimacy that comes from a successful referendum, an appetite for greater independence was created

This was reflected in growing demands in Wales for their assembly to be granted the same powers as the Scottish parliament and in the SNPs bid for Scottish independence through the 2014 referendum

Similarly the removal of the bulk of hereditary peers from the House of Lords was also only envisaged as ‘stage one’ in a bolder process of reform that would eventually lead to the replacement of the House of Lords by an alternative and possibly elected second chamber

Question 55

constitutional reform under Blair and Brown: in what ways were these reforms criticised?

Answer 55

Nevertheless aside from problems related to individual measures this phase of labours constitutional reform was also criticised

• Enthusiasm for constitutional reform quickly started to fade — This was perhaps a simple consequence of the fact that having won a surprise landslide victory in 1997 Labour ministers and MPs quickly lost their enthusiasm for throwing away power, certain commitments were then abandoned which was seen in the failure to hold the promised referendum on an alternative to the Westminster voting system, stage two of Lords reform also appeared to have been shelved, constitutional reform is therefore very much a passion of the first Blair government (1997 to 2001)
• The reforms were piecemeal — There was no constitutional blueprint that informed Blairs reforms which may have given the program greater coherence and clearer goals, instead the reforms were individual solutions to particular problems
• The reforms reshaped existing constitutional arrangements but did not address deeper problems — in particular the reforms failed to provide a solution to the problem of elective dictatorship, arguably the central weakness of the U.K.’s constitutional system, the major hole in the Blair reforms was the lack of substantive Parliamentary reform, it was notable that the government retreated on the issues that could have brought this about including electoral reform of Westminster and an elected and more powerful second chamber, also no mention was made of the possibility of a codified constitution or an entrenched bill of rights

Question 56

constitutional reform under Blair and Brown: what happened under Brown’s government?

Answer 56

The transition from Blair to brown in 2007 appeared to lead to renewed interest in constitutional issues

Brown outline proposals for what he called a citizens state, at the heart of this was the plan to bring a range of prerogative powers under Parliamentary control including the power to declare war, request a dissolution of Parliament, call a general election, recall Parliament and ratify international treaties

However these proposals stopped well short of readjusting the relationship between the executive and Parliament

The brown government came under growing pressure and the issue of constitutional reform received less and less attention, the promise of political debate and public consultation about long-term proposals including the possible introduction of a codified constitution and an entrenched Bill of Rights therefore came to nothing

Question 57

twin pillars of the UK constitution: what are the two key features of the UK constitution?

Answer 57

The constitutional theorist A V Dicey identified two key principles of the UK constitution; Parliamentary sovereignty and the rule of law

Question 58

twin pillars of the UK constitution: PARLIAMENTARY SOVEREIGNTY

Answer 58

Parliamentary sovereignty is the principle that Parliament has ultimate power; it can make, amend or unmake any law and is not bound by its predecessor and cannot bind its successor

There are three ways in which parliament is sovereign

1) Legislation passed by Parliament cannot be struck down by a higher body such as a constitutional court — the Supreme Court can interpret an act of parliament but not overturn it
2) No Parliament is bound by its predecessor or can bind its successor — it has the right to amend or repeal any act passed by a previous government (e.g. in 2003 Parliament repealed section 28 of the local government act 1998 which had made it illegal for local authorities and schools to promote homosexuality)
3) Can make a law on any subject (e.g. legalising abortion and homosexuality, abolishing the death-penalty, et cetera which all came from acts of Parliament)

Question 59

twin pillars of the UK constitution: RULE OF LAW

Answer 59

The rule of law is the principle that every person and all bodies, including government, are subject to the law and must follow it or will be held to account if not

This is the main way that citizens rights and freedoms are protected

Acts as a check on Parliamentary sovereignty (which could take away peoples liberties if left unchecked)

Under the rule of law…
• Everyone is entitled to a fair trial
• No one should be imprisoned without due legal process
• Everyone must obey the law and is equal before it
• Public officials are not above the law, they can be held to account by courts
• The judiciary must be independent and free from political interference