UK-Constitution Flashcards
4 principles of the constitution
Parliamentary Sovereignty
-“Crown in Parliament”, the idea that Parliament is the centre of political and legal power in the UK and it can legislate on any topic it wishes
**Rule of law **
-the idea that no one is above the law and that the law applies equally to everyone
-seen as the alternative to a codified constitution
**Unitary state **
-UK constitution is a fusion of powers within the executive and the legislative
Constitutional monarchy
-the monarch is simply a figurehead and holds no political power,the power that once belonged to the monarch now belong to the PM
The concept of Parliamentary Sovereignty.
Independence of Parliament to set its own business and agenda above the powers of the Crown and the Executive e.g. Statute Law: Standing Order 24, Private Members Bills
Parliamentary statute cannot be overturned by any higher authority e.g. The monarch granting royal assent without question, low status of EU law in relation to the constitution
Parliament cannot bind any of its successors. e.g. The European Communities Act 1972 being repealed to leave the EU, Fixed Term Parliament Act 2011 proposing set election dates every 5 years
Nature of the Constitution
Not authoritative
Constitutional laws enjoy the same status as ordinary laws.
Not entrenched
The constitutions can be changed through the normal processes for enacting statue law.
Not Judiciable
In the absence of a higher law, judges do not have a legal standard against which they can declare things constitutional or unconstitutional.
4 Sources of the Constitution
Statute Law
-A statute is a written law passed by an Act of Parliament. It is a law that is enforceable in the courts and has recieved royal assent.
-e.g. the Representation of the People Acts of 1918, HRA 1998, parliament acts 1911
Common law
-It is law formed on the basis of precedents set in previous cases – i.e. judgements made by one court of law must be followed by other courts
-Common law is made by judges
Conventions
-is a regularly observed practice considered appropriate for a given set of circumstances. Conventions are not legally binding.
-e.g. the sailsbury convention 1945
Authoritative works
-sources of guidance which are widely recognised and are therefore viewed as authoritative
-E.g. Erskine May (1844), Walter Bagehot (1867), A. V. Dicey (1885), cabinet manual (2010)
5 Major documents
- Magna Carta 1215
- Bill of Rights 1689
- Act of Settlement 1701
- Parliament Acts 1911
- European Communities Act 1972
Major document
Magna Carta
-“No free man shall be seized or imprisoned … except by the lawful judgement of his equals or by the law of the land.”
-1215 treaty between King John and his Barons in order to reduce the power of the king
Major documents
Bill of Rights
1689 set out the foundations of constitutional monarchy.
Rights obtained by Parliament included:
* Freedom from Royal interference with the law
* Freedom from taxation by Royal prerogative
* Freedom to petition the King
* Freedom to elect members of Parliament without interference from the Sovereign.
Major documents
Act of Settlement
- 1701
- was designed to secure the Protestant succession to the throne, and to strengthen the guarantees for ensuring parliamentary system of government.
- The Act also strengthened the Bill of Rights (1689)
Major documents
Parliament Acts 1911 and 1945
-lLegislation can be passed without the approval of the house of lords
-limits the delay of money bills
Constitutional Reform
The means by which changes are made to the way that the UK is governed and the workings of the Constitution.
Constitutional Reform - 1997 onwards
Modernisation
Reform for institutions such as Parliament, the executive and the civil service.
Successes:
-House of Lords acts
1999- abolished the right of old but 92 hereditary peers to sit in the upper house also no party can have a majority within the Lords
2014- this act gave peers the right to retire or resign their seat
-succession to the crown act 2013 enabled the eldest child of the monrch to inherit the throne (no matter gender)
-creation of supreme court enabled clear seoaration of the judicary
Failures:
-2012-failed to pass a bill that would lead to an elected house of lords
Constitutional Reform - 1997 onwards
Democratisation
Encourage greater participation in the political process
Successes:
-Greater london authority act 1999 and the establishment of more mayoral post eg manchester and west midlands
-reform to the european parliment electoral system - used PR which gave smaller parties eg green and reform a chance to gain some notoriety
Failures
-attempted Av referendum which had only 42% turnout - No vote at 67.9%.
-turnout for police and crime commisioner extremely low -11%
-both suggest that perhaps the public are less then enthusiastic about increased democracy
Constitutional Reform - 1997 onwards
Decentralisation
The devolution of decision making of powers to new institutions in Scotland and Wales, with the role of local government also being enhanced.
Successes:
-In 1990s, power was devolved to new institutions in Scotland, Wales and Northern Ireland following the ‘yes’ votes in referendums in each nation. and each have continued to work well with further enhancment in the 2010s
-the scottish indyref in 2014 - voted against becoming an independent country by 55%
- the devolution situation in northern ireland helped end the ‘troubles’.
Failures:
- Stormont collapse in 2022 where the DUP refused to powershare with SF after they won the election-there is still issues
- support for greater devolution is npt a mjr concern within england eg 2004 the rejection of a north east mayor by 78%
Constitutional Reform - 1997 onwards
Human rights
Successes:
-passing of HRA 1998 to enshrine the ECHR into UK law
-creation of the supreme court to enforce the HRA
-GDPR 2016 and the freedom of information 2000 acts provide better privacy rights for citizens
Failures:
-The ECHR is not binding and can be ignored by the governemnt as seen in the 2024 rwanda cases
-threat of a bill of rights being introduced by the tories
Debate
The constitution protects rights well
-plenty of statute law in place showing that parliament formmaly supports the protection of rights eg HRA 1998, FOIA 2000, equality act 2010, GDPR 2016.
-uk has a flexible constitution which means it can change with the times and keep updating itself
-judicary has the power to declare acts of parliment incompatible with the HRA
