UK Constitution Flashcards
What are the sources of the UK constitution?
1) Statute Law
2) Common Law and Case Law
3) Works of authority
4) Conventions
5) EU treaties/Law
What are Constitutional reforms?
Refer to any reforms of the system of government, but specifically to changes made since 1997 by the Blair and subsequent governments
Name the constitutional reforms that enhanced DEMOCRACY?
- House of Lords reform 1999
- Electoral reform
- Reforms in the HoC Wright Reforms
What was the House of Lords reform 1999?
Took away power from the most undemocratic element of the HoL, hereditary peers
What was the electoral reform?
Introduced proportional representation in all devolved assemblies, leading to much fairer representation
What’s were the Wright Reforms?
Redistributed power to backbenchers and from the government
Name the constitutional reforms that enhance RIGHTS?
- Human Rights Act 1998
- Freedom of Information Act 2000
What was the HRA 1998?
Made the European Convention on Human Rights law accessible in UK courts, making it easier for UK citizens to access the rights
Name constitutional reforms that decentralise power?
- Devolution
- Elected mayors
What was Devolution?
Devolved powers to Scotland, Wales and NI put local representatives in charge of local issues
What was the reform about elected mayors?
Gave powers over large areas to locally elected mayors e.g.London
Name constitutional reforms that modernise the system?
- Fixed-term Parliaments Act 2011
- Constitutional Reform Act 2005
What was the fixed-term parliaments act 2011?
Fixed the dates of UK general elections to once every five years to reduce the PM’s prerogative power
What was the Constitutional Reform Act 2005?
Established the Supreme Court in place of the Law Lords and separated the role of Lord Chancellor into three separate roles and people
Name some of the features of an Uncodified constitution?
- Flexible
- Unentrenched
- Non-judiciable
What does flexible mean referring to an uncodified constitution?
The UK constitution is flexible as any of its sources can be changed without any lengthy or difficult process
What does unentrenched mean referring to the constitution?
The UK constitution is unentrenched, meaning that constitutional laws are no different from statute laws. Parliament is sovereign so can change the constitution by passing statue law
What is meant by non-judiciable referring to the constitution?
Judges cannot challenge Parliament’s ability to make or amend statute laws
Arguments FOR introducing a codified constitution?
✅Entrenched, safeguarding principles of constitution from interference by the government
✅individual liberty will be more securely protected, rights more protected instead of a HRA as this lack entrenchment, secured Bill of Rights for citizen rights e.g. privacy rights, reduced threats to civil liberties
✅independent judges are able to protect the constitution to ensure that its provisions are upheld and not restricting the rights of citizens e.g. seek to protect citizens from terrorism, stop and search any suspected person without reason
Arguments AGAINST introducing a codified constitution in the UK?
❌less responsive and adaptable than an uncodified one. 1997 many constitutional reforms have been enacted e.g. Constitutional reform act 2005, HoL reform 1999
❌Entrenched Bill of Rights doesn’t guarantee protection of these rights - e.g. US African-Americans lynched without any kind of trial
❌Judges aren’t the best people to regulate the constitution due to being unelected and socially unrepresentative. Uncodified protects tyranny of the unelected judiciary.
Arguments FOR greater devolution to or in England?
✅ Some parts of the UK have a very strong identity and would want the ability to make more decisions for their regions locally e.g.Devon
✅ it would provide stronger regional identity in parts of UK
✅EVEL does not resolve the West Lothian question and makes Scottish MPs second-class representatives at Westminster, weakening the unity of the UK e.g. lasted from 2015-2020 suspension
Arguments AGAINST the greater devolution to or in England?
❌Many areas don’t have a strong identity, seeing themselves as English or even British
❌There is little public support for an English Parliament and the idea is not supported by any major party e.g. 2004 attempts to introduce regional assembly was heavily rejected (78% no vote), 50% turnout Welsh Assembly 1997
❌EVEL has resolved the West Lothian question and been used in Westminster to pass English-only legislation
Devolution HAS been a success?
✅1)Devolved assemblies are very popular in the regions and there are no main parties suggesting it should be overturned
✅2)Welsh interest in devolution has increased, as their demand for greater powers for their Assembly e.g. The Wales Act 2017 a transfer of further powers in transport and energy
✅3)Has not led to the break-up of the UK e.g. Has secured a peaceful environment in NI for 20yrs- a huge achievement
Devolution HASN’T been a success?
❌1)Different policies were necessary to support the different devolved regions in distinct ways e.g. 2014 Welsh Parliament given minor tax powers, 2016 Scotland act extended powers in relation to transport, energy and social security
❌2)Interest in devolved assemblies is low, as shown by turnout e.g. 56% turnout Scottish Parliament election results, 2016
❌3) Scottish desire for independence has increased dramatically since the arrival of the Scottish Parliament e.g. Scottish Independence referendum 2014. 44% voted yes
