UK constitution

Question 1

what are the functions of a constitution?

Answer 1

• They determine how political power should be distributed
• Determine the balance of power between the institutions of government
• Establish the political processes that make the system work
• States the limits of governmental power
• Assert the rights of citizens
• Must be amended from time to time

Question 2

what are the features of the constitution?

Answer 2

• Parliamentary
• Unitary
• Uncodified
• Flexible

Question 3

what are the Sources of the UK constitution?

Answer 3

Statute law:
– rules of law laid down by statutes (which is a written law passed by a legislature) e.g. Human Rights Act 1998

Common law:
– refers to the development of laws through historical usage and tradition
– concerns the protection of basic rights and freedoms e.g. the right to gather for public demonstrations – some have been replaced by statute law

Conventions:
– unwritten rule that is considered binding due to having so much moral force e.g. Salisbury convention

Authoritative works:
- books written by constitutional theorists that are considered to be authoritative guides to the UK’s uncodified constitution

Treaties:
– international treaties and agreements which have become binding - ECHR

Question 4

what are the principles of the constitution?

Answer 4

• Parliamentary sovereignty
• The rule of law
• A unitary state
• Parliamentary government under a constitutional monarchy

Question 5

constitutional reforms since 1997

Answer 5

House of Lords reforms:
- House of Lords Act 1999 - reduced number of hereditary peers to 92 and abolished the voting rights of many of them

Electoral Reform:
- use of new electoral systems in devolved nations and bodies - Scotland, Wales, NI, GLA and for elected mayors

Devolution:
- transfer of power to other elected bodies

Human Rights Act 1998:
- incorporated the ECHR into UK law
- binding to all public bodies but not to parliament

Constitutional Reform Act 2005:
- separation of government and judiciary
- establishment of Supreme Court
- Appointment of Senior Judges

Question 6

constitutional reform 2010 - 2015

Answer 6

Fixed term Parliaments Act:
- prevented the PM from calling an early election when they wished - providing greater stability

Further devolution of Wales:
- Government of Wales Act 2006 - the transfer of power to wales over 20 key areas
- addressing the issue off asymmetrical devolution
- Wales Act 2014 - gave more powers over tax

Question 7

devolution since 2015

Answer 7

extension of Scottish and welsh devolution:
- Scotland Act 2016 - ‘Devo-max’
- Wales Act 2017 - granted similar levels of legislative and fiscal powers as Scotland
- 2020 - Welsh assembly became Welsh Parliament

English Votes for English Laws:
- solves the West Lothian Question
- prevents measure that a majority of English, Or English and Welsh oppose being forced upon them

City Devolution outside London:
- creation of combined authorities where areas can combine resources and share services to be more efficient and effective
- election of metro-mayors - 8 currently

Leaving the EU

Question 8

would an English Parliament work?

Answer 8

• there is lack of demand - little English nationalism - yougov poll 46% didn’t know whether they supported it or not and only 22% supported it
• too large to work
• holds 84% of the UK population and 95% of GDP so would effectively control both parliaments
• Westminster is already an English Parliament