The UK Constitution Flashcards
A topic of the Politics A-Level, in class in Autumn 2019
What is a constitution?
A set of rules that establish the rights, duties and powers of government institutions, as well as defining the relationship between state and individual.
What type of state is the UK?
Unitary state - the constitution applies entirely to all areas countrywide
What is the key concept behind a constitution?
That of limited government and protecting the individual.
Is our constitution written down in a single document?
No - it is uncodified.
When was our constitution first written down in some capacity?
The Magna Carta - 1215.
What countries have uncodified constitutions?
UK, New Zealand and Israel.
When was the last time the British monarchy said ‘no’ to the Prime Minister?
1707.
What does ‘statute’ mean?
It is another word for a law created by Parliament and passed by them.
What is ‘convention’?
Something accepted over time due to previous events.
Who created the concept of the ‘Twin Pillars’?
AV Dicey.
What is the first ‘Twin Pillar’?
The idea of Parliamentary Sovereignty: in the absence of a codified constitution, supreme power to legislate lies with the elected (and therefore legitimate) House of Commons.
What is the second ‘Twin Pillar’?
The Rule of Law: this is a historical concept that no one is above the law and everyone is equal, this therefore ensures the law is always applied, and everyone can access legal redress.
What are the other 3 characteristics of the Constitution?
Parliamentary Government (the executive and legislative of government and parliament are fused), Constitutional Monarch (now just a ceremonial role as royal prerogative powers have been passed to the executive), EU Membership & Devo-Max (pooled sovereignty is greater than national sovereignty).
Info: 1215 Magna Carta
The Barons forced King John to sign this after his gross abuses of power. It is seen as a symbol of English liberties and legal due process (right to jury trial), as well as forcing the monarch to consult over taxation.
Info: 1265 First Parliament
After a rebellion by the Barons (led by Simon de Montfort), Edward I accepted their demands for the ‘Model’ Parliament, to allow for wider representation and more control over taxation.
Info: 1649 English Civil War
The only real cataclysm in the UK’s constitutional history; it ended with the beheading of Charles and the supremacy of Parliament.
Info: 1689 Bill of Rights
William III & Mary II, replacing the often-tyrannical James II after the ‘Glorious Revolution’, affirmed the rights of Parliament; to be regular, chosen by fair elections and to have free speech.
Info: 1701 Act of Settlement
Granted Parliament the right to determine the line of succession to the English throne… also enshrined the separation of Parliament, and the monarch (after the ECW).
Info: 1707 Act of Union
United England and Scotland. Both now based under one Parliament in Westminster (until devolution), which would be sovereign.
Info: Great Reform Act 1832/1867/1884
- Prior to this act, ‘rotten boroughs’ (under-represented constituency) allowed illegitimate MPs power, only those who owned property could vote in rural areas, the wealthiest voters had a ‘plural vote’ (they owned properties in more than one constituency!) and cities had no MP, leading to only 400,000 people on the electoral register. This act abolished all of that. By 1867 and then 1884 the right to vote was granted equally to most of the working class.
Info: Parliament Acts 1911/1949
- Reduced the power of the House of Lords after it tried to block the Liberal People’s Budget. It could not delay ‘money bills’ and had its power of veto replaced with a 1-year delay. Often known as the ‘Salisbury Convention’.
Info: Representation of the Peoples Act 1918/1928
- Allowed women the vote for the first time. Also lowered the voting age for men. Only the later act allowed equal gender suffrage at 21, followed in 1948 and 1969 by the end of plural voting and the lower age of 18.
Info: 1972 European Communities Act
- Edward Heath’s Conservatives took the UK into what became known as the EU law. This would now take legal precedence over UK law if there was conflict.
Info: 1997- Devolution
- New Labour decentralised power from Westminster to the assemblies in Wales, Scotland, Northern Ireland and London. Devo-Max in 2014 and the first elections for metro mayors in 2017 accelerated this process.
Info: 1998 Human Rights Act
- The acceptance of the ECHR into UK law means all legislation must avoid contravening our basic liberties. It has led to more frequent checks on politicians.
Codified Definition
A constitution has been created into a single, written, authoritative form. It lays out the principles of the system, the duties and powers of governmental institutions and citizens’ rights and freedoms. The 3 key features include it being higher law, entrenched and judiciable.
Uncodified Definition
Most constitutions are, in some way written, however these do not exist in a single document and are created organically.
Federal Definition
Sovereignty divided between two levels of government, both of these levels possess a range of powers within a jurisdiction that cannot be encroached upon.
Unitary Definition
Constitutional supremacy of central government over local / devolved assemblies & bodies.
Rigid Definition
Difficult to amend, ignore or destroy. Amendments are only informally made by the interpretation of judges.
Flexible Definition
Adaptable to changing situations. However, many parts of the UK Constitution have been very resistant to change.
Most important source of the UK Constitution
Statute Law: created by Parliament, highly authoritative written rules created through updating previous legislation and common law / conventions.
Second most important source of the UK Constitution
Common Law: ‘made’ by judges when they intercept the meaning of all laws in the context of the cases that come before them. Using judicial precedent this promotes the idea of everything being permitted that is not prohibited.
Third most important source of the UK Constitution
Conventions: non-written and more informal, makes politics workable in day-to-day life. Many conventions have been integrated into common or statute law.
Fourth most important source of the UK Constitution
EU Laws / Treaties: applied to all UK law since its entry in 1973 and erodes sovereignty(?).
Least important source of the UK Constitution
Works of Authority: important and respected books / articles providing information on what is considered to be ‘constitutionally proper’, yet these are not legally enforceable.
Democracy definition
Derived from the Greek ‘demos’ (people) and ‘kratos’ (power). The idea of government being ‘for the people, by the people, for the people’ (Abraham Lincoln).
Direct features of the UK
Referenda, E-Petitions, Recall of MPs, Digital Democracy, Cyber-activism.
Advantages of Direct Democracy
All votes count the same, people participate and take their responsibilities seriously, no need for representatives, encourages debate and a sense of community.
Disadvantages of Direct Democracy
Impractical in larger democracies, many will not take part, the most articulate take advantage of the rest, very little protection of minority viewpoints.
Advantages of Representative Democracy
Practical strong and stable, political parties protect different societal interests, elections ensure scrutiny, politicians tend to be the best informed.
Disadvantages of Representative Democracy
People might not bother participating, elites end up running parties, minorities are still under-represented, politicians avoid accountability to their constituents.
Suffragists definition
Worked for over 50 years by campaigning peacefully for women’s rights. In an organisation that was founded in 1897.
Suffragettes definition
Dubbed by the media as more violent and radical protesters, set fire to churches etc.
How did women win the vote?
The suffragettes turned the public against the campaign due to the force-feeding etc police therefore inflicted. The First World War was seen as the turning point as women helped the allies win it.
Key principles of Parliamentary Government
The executive and legislature are fused, government is made up of the majority party elected MPs, strong and stable majority governments, head of state and government roles separated.
Features of ‘presidential’ style elections
Separation of elections, personnel and powers.
Parliamentary Privilege definition
Asking questions that reveal state secrets or break the law & immunity from being sued for libel in Parliament buildings.
What does adversarial mean in the context of Parliament?
There is an in-built check on government by their opposition.
The functions of Parliament
Legislation, scrutiny, providing ministers, representation.
Role of the Monarch
Ceremonial roles, eg royal ascent, queens speech, dissolving Parliament.
