The UK Constitution

Question 1

Parliamentary Sovereignty

Answer 1

Parliament can make and unmake all the laws of the land e.g. The 2003 parliament repealed Section 28 of the Local Government Act

Question 2

AC Dicey

Answer 2

Historical constitutional scholar who identified 2 key principles of the UK Constitution:

Rule of Law
Parliamentary Sovereignty

Question 3

Sources of the UK Constitution x5

Answer 3

Statute Law e.g. Acts of the Union
Conventions e.g. elections being held on Thursday
Authoritative works e.g. Erskine May, AC Dicey’s The English Constitution
Treaties e.g. Maastricht
Common Law

Question 4

The UK Constitution

Answer 4

Unitary, uncodified and unentrenched

Question 5

Federal VS Unitary

Answer 5

Federal constitution: Where sovereignty is shared with two or more levels of government

Unitary constitution: Where sovereignty resides in a single place e.g. The UK Parliament

Question 6

What is a Constitution?

Answer 6

A set of laws setting out how a political system works, defining the powers of the government and the rights of citizens

A codified constitution is set out in a single document. The UK has an uncodified constitution.

Entrenchment means that a constitution has a formal amendment process so is rigid and difficult to change

Question 7

Parliamentary Reforms (x3)

Answer 7

1997 Labour Government removed all but 97 hereditary peers from the House of Lords

2011 Fixed Term Parliament Act mean that a 2/3 majority on a vote of no confidence must occur for an election, or 5 years pass

2010 Wright Reforms created the Backbench Business Committee so backbench MPs could propose debates from E-petitions

Question 8

Constitutional Reform Act 2005

Answer 8

Ended the role of Lord Chancellor, a cabinet minister who sat in the Lords and advised on the appointment of judges

Created the Supreme Court

Question 9

English Devolution

Answer 9

The West Lothian Question: Is it fair that Scottish MPs can vote on purely English matters but English MPs cannot vote on purely Scottish issues as these go to the Scottish Parliament

In 2015 English Votes for English Laws was established which allowed English MPs to vote on laws which affect England only, though it is rarely used

Question 10

Devolution

Answer 10

Different to federalist as powers are not guaranteed and differ from body to body

1997 Referendums. 50% turnout for Welsh Devolution and only 50% voted in favour

1998 Good Friday Agreement

Question 11

North East Devolution 2004

Answer 11

77% voted against 2004 devolution

Question 12

The Barnett Formula

Answer 12

Formula which calculates the spending for Scotland, Wales, Northern Ireland and England

Many people believe it to be unfair that England receives the least amount of spending per head

Question 13

The Rule of Law

Answer 13

Equality before the law

All people entitled to a fair trial

Question 14

Welsh Devolution

Answer 14

Elected through AMS

Control over stamp duty

First UK nation to pass 5p plastic bag bag charge

2017 Wales Act means that devolution can only be ended through a referendum

Question 15

Scottish Devolution

Answer 15

1997

Free university tuition fees, free prescriptions and free nursing care

Elected through AMS and 16 year olds can vote

Control over abortion and tax bands

The Smith Commission advised on powers after 2014

Question 16

Recent Changes to UK Voting (x3)

Answer 16

Jenkins Commission (New Labour) to investigate reforms to the UK electoral system

In recent years there have been lots of referendums (2011,2014 and 2016)

2010 coalition government created the E-petition system

Question 17

1998 Human Rights Act

Answer 17

Made the European Convention on Human Rights statute law

Question 18

Arguments for the entrenchment and codification of the UK Constitution (x4)

Answer 18

Greater protection of civil liberties

Greater education on constitutional issues

Greater legitimacy to the political process as a constitutional court can assess whether parliament is acting constitutionally

Reduced chance of ill-considered legislation

Question 19

Arguments against the entrenchment and codification of the UK Constitution (x3)

Answer 19

No demand for codification

Authoritative works provide explanation, so less interpretation

A constitutional court gives power to unelected and unaccountable judges and takes away parliamentary sovereignty

Question 20

Arguments against English Devolution (x3)

Answer 20

EVEL works. It passed the 2016 Housing Bill

2004 North East England Devolution was defeated

England’s wealth and size means that it would dominate a federal structure

Question 21

Arguments for English Devolution (x3)

Answer 21

The Barnett Formula is unfair on England

Strong regional identities in the UK such as Devon and Cornwall provide a basis for regional assemblies

Ends the issue of the West Lothian question better than EVEL which is rarely used

Question 22

Further Reforms (x4)

Answer 22

Independent Scotland

A more proportional voting system for UK elections (in the 2015 election, UKIP won 12.6% of votes but only one seat, but the SNP won 4.7% but 56 seats)

Elected House of Lords

A Bill of Rights rather than the Unentrenched 1998 Human Rights Act

Question 23

Northern Irish Devolution

Answer 23

The Good Friday Agreement 1998

90 MCAs

Elected through STV as this is proportional and ensures representation of both unionists and republicans

Powers over education, justice, welfare and pensions