UK Constitution Flashcards
Unentrenched
Easily amended
Codified
Written in one place
Unitary
Power is held in one place (Parliament)
Sovereignty
Absolute power
Statute Law
A law passed by Parliament
Common Law
Unwritten laws
Conventions
A way in which something is usually done
Devolution
Decentralisation of power, but not sovereignty
Select Committee
A committee in commons/lords that checks governments work
Fixed term Parliament
Elections to be held every 5 years
Referendum
A vote where the entire electorate is invited to vote
Hereditary Peers
Peers who are in the House of Lords because they inherited their title
Legislative
Law makers (parliament)
Judiciary
Courts
Executive
Prime Minister and their government
Fusion of Powers
Executive sits IN the legislative
Sources of the Constitution
- Statute law
- Common law
- Conventions
- Landmark decisions
- Authoritative Works
- Treaties
Statute law
Not all statute laws are part of the constitution, but ones that affect power are.
- Parliament Act 1911, 1949: Limited the power of the House of Lords.
- Scotland Act, 1998, Human Rights Act, Equality Act, 2010.
Common law
Unwritten law often used when statute law is unclear.
Conventions
Not laws, but conventions develop over time.
- No law saying a member of the Lords can’t be a PM, but by convention they are not.
- Tony Blair created a convention by asking for a vote on the Iraq war in 2003.
Landmark decisions
Like the Magna Carta
Authoritative Works
John Bercow cited Erskine May’s authoritative work (published in 1844) to stop May having a 3rd Brexit vote.
Treaties
Lisbon treaty forms the constitutional basis of the EU
Devolution Scotland Act 1998
Gave power over healthcare, education, roads and public transport, criminal and civil law, policing, local authority services, the power to change the rate of income tax by 3% and other powers. No tuition fees for Scottish students at Scottish universities.
Devolution Wales
No prescription charges
Devolution Northern Ireland
No executive since Jan 2017 because the power sharing deal has fallen apart. However, Good Friday Agreement ended a conflict that had killed 3500 people, 52% of which were civilians. July 2019, Parliament voted to extent abortion and LGBT rights to Northern Ireland if they did not have an executive in place by October 2019 (evidence of Parliament taking back some of the devolution?).
Cities and Local Government Devolution Act 2016
This introduces directly-elected mayors in combined local authorities.
Quasi- federalist
The idea that whilst Parliament HAS the power to take back power it grants through devolution, it ultimately won’t because of political consequences.
Constitutional reform For and Against
For
- Lack of clarity currently
- Lack of accountability in the House of Lords
- Limits on power of executive
- Greater protection of Human Rights
Against
- Flexibility
- Long view
- House of Lords serves a purpose
- Further reforms to the House of Lords
Lack of clarity currently
Brexit = confusing process. Referendums not binding to the government, but being followed regardless. Public unable to effect change to stop Brexit. Clear and concise would mean understanding of this process.
Lack of accountability in the House of Lords
HOL Act 1999 attempted to make elected but still 92 hereditary peers and Bishops. Lord Lester accused of sexual harassment in 2018.
Limits on power of executive
Unrestrained executive power as led to decisions such as calling for a referendum for Brexit.
Greater protection of Human Rights
Hirst V UK, 2005 – ECHR ruled that the blanket ban of prisoners votes was against their human rights.
Flexibility
Firearms Act, 1997 – following Dunblane massacre. Brexit.
Long view
An unelected House of Lords allows for a non partisan view of change. Rejection of the tax credits cut, 2015. Amendment to Children’s and Families Act, 2014.
House of Lords serves a purpose
Experts in HoL helps with legislation. EG: Lord Bird, an ex-homeless person and founder of Big Issue represents homelessness in the Lords. Lord Adonis is an economics and education expert.
Further reform to the House of Lords
The Burns Report in 2017 suggested cap to 15 years appointments instead of for life and cut down members to 600 from 800.
Reform 1997-2010
- Human Rights Act, 1998
- House of Lords reform, 1999
- Constitutional Reform Act, 2005
- Freedom of Information, 2000
- Elected London mayors, 2000
Human Rights Act, 1998
Still problems as Parliamentary Sovereignty rules. Shamima Begum causes questions with this as in Feb 2019 her British citizenship was revoked when she asked to return to the UK
House of Lords reform, 1999
Reduction to 92 peers. Nick Clegg pushed for Lords reform that was abandoned after too much opposition from Tories
Constitutional Reform Act, 2005
Created an independent judiciary. Miller V Secretary of State of Exiting the EU ruled that a vote was required for the Secretary of State for exiting the EU to call a Parliamentary vote before triggering Article 50. Pimlico Plumbers V Smith, 2017. Smith argued he had been unfairly dismissed due to a disability and not given annual leave pay. Pimlico Plumbers argued that he was ‘self-employed’, but an Employment Tribune ruled that under the Employment Act 1996 and the Equalities Act 2010, he was a ‘worker’ and therefore entitled to claim disability discrimination. The Court of Appeals found the same and the SC dismissed it, agree with the original findings.
Freedom of Information, 2000
Allowed for the request of MPs finance, starting expense scandal in 2009. Freedom of Information Act 2012 shows that Blair had wanted to knight Syrian leader Assad
Reform 2010-2018
- Fixed Term Parliament, 2011
- Elected Mayors, 2012
- Elected Police crime commissioners, 2012
- English Votes for English Laws, 2015
- Recall of MPs Act, 2015
Fixed Term Parliament, 2011
Parliament has to be called every 5 years. Snap elections only with super majority – however, this is not infallible because a majority is easily reached as the opposition is almost always wanting of an election, it doesn’t work well.
Nick Clegg put forward referendum in 2011 to change to alternative voting system but was rejected
Elected Police crime commissioners, 2012
Only 30% turnout in most places
English Votes for English Laws, 2015
Known as the West Lothian Question
Recall of MPs Act, 2015
Christopher Davis was recalled in 2019 for being convicted of providing false evidence for expenses claims.
