UK Constitution Flashcards
What is limited government?
A system in which the powers of government are subject to legal constraints as well as checks and balances within the political system
What is a codified constitution?
A single document that sets out all the laws, rules and principles of government
What is an uncodified constitution?
When the constitution is collected from a variety of different sources and not written in a single document
What is an entrenched constitution?
The constitution is very difficult to change, often requiring supermajorities or approval via referendum
What is fundamental law?
Constitutional law that is deliberately superior to regular statute law and is given a degree of protection from being easily changed
What is the consequence of the UK having an unentrenched constitution?
The constitution can be easily changed with a simple parliamentary majority
Why does having an uncodified constitution limit judicial review?
There is no official document that the judiciary can use to determine whether or not an action is unconstitutional
5 sources of the UK constitution
- Statute law
- Common law
- Conventions
- Authoritative works
- EU law and treaties
What is statute law?
Law derived from Acts of Parliament
Recent examples of constitutional statute law
- Scotland Act 1998
- Human Rights Act 1998
How is statute law passed?
Through the HoC, then the HoL, then it recieves Royal Assent
What is common law?
Law derived from the decisions of judges
What is judicial review?
The power of the judiciary to declare whether the actions of government are unlawful
How is common law weaker than statute law?
Due to parliamentary sovereignty, the government can overturn common law through an Act of Parliament
Can the UK judiciary declare the government’s actions unconstitutional?
No due to the absence of fundamental law - they can only be declared unlawful or incompatible with the Human Rights Act
What is the royal prerogative?
Powers of the Crown exercised by the government in the name of the monarch
Examples of royal prerogative powers?
- Appoint ministers and choose the PM
- Give royal assent to legislation
- Declare war and negotiate treaties
What are conventions?
Established norms of political behavior rooted in past experience rather than law
What document in 2011 put many conventions into law?
2011 Cabinet Office Manual
Example of a recently established convention
Gordon Brown announced that the UK would not declare war without a parliamentary vote
What are the constitutional ‘works of authority’?
Referring to a handful of long established legal and political texts that are now seen as constitutional reference points
Example of a 19th century ‘work of authority’?
Walter Bagehot’s “The English Constitution” (1865)
Sets out the role of the cabinet and the PM
Which EU treaty states that EU law takes precedence over UK law?
Treaty of Rome
What act was passed to allow the UK to join the EU?
The European Communities Act 1972
What is a unitary state?
- Sovereignty concentrated at the centre
- Opposite of a federal state
4 principles of the UK constitution
- Parliamentary sovereignty
- Rule of Law
- Unitary state
- Parliament rules over a constitutional monarchy
What is parliamentary soverienty?
The doctrine that parliament has complete legal authority over the state
3 aspects of parliamentary sovereignty
- Parliament can legislate on any subject of its choosing
- Legislation cannot be overturned by a higher authority
- No parliament can bind its successors
Why was parliamentary sovereignty undermined when the UK was in the EU?
Acts of Parliament had to comply with the supreme EU law
Evidence that parliamentary sovereignty has weakened?
- Increased devolution
- Laws previously had to comply with EU law
- Increased referendums has given some power to the people
What is the rule of law?
A principle meaning that the law must treat everyone equally and fairly
How does the rule of law conflict with parliamentary sovereignty?
The rule of law means that laws passed by parliament must be interpreted by an independent judiciary, free from political interference
What are civil liberties?
Fundamental rights and freedoms that ought to be protected from state interference
What is a constitutional monarchy?
A system where the monarch is the formal head of state but their powers are exercised by government ministers
Why is the UK constitution being adaptable an advantage?
Pragmatic reforms can be implemented when there is a clear case for change to adapt to the needs of the nation
Why does the UK constitution create a strong government?
The elected government is easily able to implement their objectives without formal restraints due to parliamentary sovereignty
How does the UK constitution hold the government to account?
The Fixed Term Parliament Act 2011 means an election every 5 years so the government are accountable to the electorate
[repealed 2022]
How is the UK constitution outdated?
Many elements of common law and the royal prerogative date back to medieval times. The House of Lords remains from the pre-democratic era.
How is the UK constitution undemocratic?
It is hard to argue that having an unelected House of Lords who get a say in the legislative process is democratic
Why is the concentration of power at Westminster a weakness of the UK constitution?
Parliamentary sovereignty means the rule of law is not fully in place - a government with a majority can force through legislation which undermine civil liberties
What is a weakness of the UK constitution being uncodified?
- It is not always clear when the government has acted unconstitutionally
- The rights of citizens are not entrenched
5 examples of Blair’s constitutional reforms
- Human Rights Act
- Expanded devolution
- New electoral systems for devolved assemblies
- House of Lords reform
- Established the Supreme Court
Human Rights Act 1998
Enshrined most of the provisions of the European Convention on Human Rights into UK law
How did the Human Rights Act change the legislative process?
All bills introduced into Westminster are reviewed by lawyers to make sure they are ‘HRA-compliant’
Why is the Human Rights Act limited?
While the court can declare legislation incompatible with the HRA, it is up to ministers to decide whether or not to repeal the offending statute
How can the government temporarily ignore the Human Rights Act?
They can request a derogation - this allows them to temporarily ignore the rules.
Example: in 2001 they forced a derogation of Article 5 (right to liberty and security) to allow for the detention of foreign nationals suspected of terrorist activity.
What changes did Blair make to devolution in London?
Established the Mayor of London who had significant powers on issues like the environment and transport. Also created the London Assembly.
House of Lords Act 1999
Abolished the right of all but 92 hereditary peers to sit and vote in the upper house.
No political party had an overall majority in the Lords.
What is the main type of peer in the House of Lords following the changes in 1999?
Life peers
Constitutional Reform Act 2005
Established the Supreme Court, creating a full separation of powers
Fixed Term Parliament Act 2011
General elections were fixed every 5 years, starting in 2015. Aimed to limit the power of the PM to call an election at a politically advantageous time.
Protection of Freedom Act 2012
Offered citizens greater protection from the state by putting in place proper scrutiny of security services and data collection
House of Lords Reform Act 2014
- Existing peers had the right to resign or retire
- Peers could be removed for non-attendance or a serious criminal offence
Arguments in favour of a codified constitution
- More clarity on what is and isn’t constitutional
- Reduces the instability of conventions
- Local governments would see more protection
- Rights of citizens given more constitutional protection
Arguments against a codified constitution
- Pragmatic adaptation has generally worked well and is preferable
- No consensus on what should actually be included
- It would likely give unelected judges greater power
Potential constitutional changes that could encourage political participation
- Reducing voting age to 16
- Introducing candidate primaries (similar to US)
- Wider use of e-democracy
- New electoral system to replace FPTP
