UK Constitution

Question 1

What are the sources of the UK constitution?

Answer 1

1) Statute Law
2) Common Law and Case Law
3) Works of authority
4) Conventions
5) EU treaties/Law

Question 2

What are Constitutional reforms?

Answer 2

Refer to any reforms of the system of government, but specifically to changes made since 1997 by the Blair and subsequent governments

Question 3

Name the constitutional reforms that enhanced DEMOCRACY?

Answer 3

• House of Lords reform 1999
• Electoral reform
• Reforms in the HoC Wright Reforms

Question 4

What was the House of Lords reform 1999?

Answer 4

Took away power from the most undemocratic element of the HoL, hereditary peers

Question 5

What was the electoral reform?

Answer 5

Introduced proportional representation in all devolved assemblies, leading to much fairer representation

Question 6

What’s were the Wright Reforms?

Answer 6

Redistributed power to backbenchers and from the government

Question 7

Name the constitutional reforms that enhance RIGHTS?

Answer 7

• Human Rights Act 1998

- Freedom of Information Act 2000

Question 8

What was the HRA 1998?

Answer 8

Made the European Convention on Human Rights law accessible in UK courts, making it easier for UK citizens to access the rights

Question 9

Name constitutional reforms that decentralise power?

Answer 9

• Devolution

- Elected mayors

Question 10

What was Devolution?

Answer 10

Devolved powers to Scotland, Wales and NI put local representatives in charge of local issues

Question 11

What was the reform about elected mayors?

Answer 11

Gave powers over large areas to locally elected mayors e.g.London

Question 12

Name constitutional reforms that modernise the system?

Answer 12

• Fixed-term Parliaments Act 2011

- Constitutional Reform Act 2005

Question 13

What was the fixed-term parliaments act 2011?

Answer 13

Fixed the dates of UK general elections to once every five years to reduce the PM’s prerogative power

Question 14

What was the Constitutional Reform Act 2005?

Answer 14

Established the Supreme Court in place of the Law Lords and separated the role of Lord Chancellor into three separate roles and people

Question 15

Name some of the features of an Uncodified constitution?

Answer 15

• Flexible
• Unentrenched
• Non-judiciable

Question 16

What does flexible mean referring to an uncodified constitution?

Answer 16

The UK constitution is flexible as any of its sources can be changed without any lengthy or difficult process

Question 17

What does unentrenched mean referring to the constitution?

Answer 17

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

Question 18

What is meant by non-judiciable referring to the constitution?

Answer 18

Judges cannot challenge Parliament’s ability to make or amend statute laws

Question 19

Arguments FOR introducing a codified constitution?

Answer 19

✅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

Question 20

Arguments AGAINST introducing a codified constitution in the UK?

Answer 20

❌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.

Question 21

Arguments FOR greater devolution to or in England?

Answer 21

✅ 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

Question 22

Arguments AGAINST the greater devolution to or in England?

Answer 22

❌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

Question 23

Devolution HAS been a success?

Answer 23

✅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

Question 24

Devolution HASN’T been a success?

Answer 24

❌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

Question 25

What did the Scotland Act 1998 do?

Answer 25

Gave primary powers and income-varying power

Question 26

What did the Wales Act 1998 do?

Answer 26

Gave secondary legislative powers to the Assembly

Question 27

What did the Northern Ireland Act 1998 do?

Answer 27

Based on the Belfast Agreement, created the Assembly and related institutions and gave the Assembly power to legislate in transferred matters

Question 28

What was the Welsh devolution referendum in 2011?

Answer 28

Voted yes to get the Welsh assembly direct law-making powers and 20 devolved areas such as health and education

Question 29

Why does the Scottish parliament have more powers than the Welsh assembly?

Answer 29

The Scottish parliament was initially given more powers than the Welsh assembly as the desire for self-rule was far greater in Scotland than in Wales shown in the result of turnout in the referendum in 1997