UK Constitution Flashcards
E + A the significance of 3 constitutional documents
Magna Carta 1215 - Clause 40 sets out the rights to a fair trial and provides the basis for the Habeas Corpus Act. Broken in 2004 at Belmarsh when 9 prisoners were held without trial
Bill of Rights 1869 - Article 9 establishes parliamentary privilege, MPs can speak freely. Used in 2009 expenses scandal when 3 accused MPs had a trial in the Commons
1911 and 1949 Parliament Acts - established Commons supremacy over Lords. 1911 = money bills delayed 1 month and 1949 = delaying reduced to 1 year. Increases democracy
The UK should have a codified constituition
Codified = better protection of human rights. Gov can dismantle human rights due to parliamentary sovereignty. 2004 Belmarsh incident broke Magna Carta. Different to US = 2/3 Congress majority and 3/4 States need to agree to constitutional changes
Codified = increased clarity and the constitution becomes more accessible. Proved in the 2019 prorogation of parliament - declared unlawful after the fact. Conventions are not written down, and not legally binding but people are expected to follow them (CMR & IMR)
The UK shouldn’t have a codified constitution
Un-codified = flexibility. The constitution is easy to amend and requires no special procedures. Different to Germany, for example, 2/3 majority of Bundestag and Bundesrat is required to change their constitution. Flexibility allows parties that were elected on a mandate of change to fulfil their promises. E.g. New Labour 1997 had a strong mandate: devolution, Lords, freedom of info etc.
However, if a gov had a weak mandate they’d still be able to change the way the UK works.
Un-codified = proven adaptability. Constitution should be a reflection of wider society. Democratic society should reflect the wishes of citizens. E.g. 1997 Scotland Act followed heavy pressure for Scottish devolution.
E+A the significance of 3 constitutional conventions
IMR - ministers are expected to resign if their department fails. Increases accountability within the government. E.g. Foreign sec Carrington resigned in 1982 when the Falklands were invaded
Salisbury convention 1945 - Lords can’t delay bills that were promised in a manifesto. Allows governments to follow through on their mandates. E.g. Creation of NHS by Attlee in 1948
Royal Assent - monarch must ‘approve’ all bills that have been passed by both Houses. If it wasn’t given today, it would result in a constitutional crisis. Last withheld in 1707 by Queen Anne over Scottish militia
Constitutional reform since 2010 has failed
Dissolution and Calling of Parliament Act 2022 - repealed the 2011 Fixed Term Parliament Act. Allows Prime Minister’s to call elections when it is advantageous. Diminishes success of 2011 Act. No modern examples, but Thatcher’s 1983 landslide was an early election.
AV Referendum 2011 - pushed by Nick Clegg and would have replaced FPTP with AV. Lost 68% to 32% and made the gov look weak
Constitutional reform since 2010 has been a success
Fixed Term Parliament Act 2011 - Prime Minister cannot call early elections, they have to be every 5 years. Tony Blair 2001, early election to capitalise off his popularity. Low turnout because everyone knew he would win - early elections reduce participation. FTA was a large success because it reduced the power of the Prime Minister
Scotland Act 2016 - increasing devolved powers surrounding finance (tax band thresholds etc.) Gave Scotland more independence and followed public pressures for more devolution
Post 1997 reform is finished
Judiciary is finished. 2005 Constitutional reform act created the Supreme Court and reduced the role of Lord Chancellor. It increased the UK’s separation of powers (JAC, Consolidated Fund.)
BUT there are still ongoing measures in place to increase diversity e.g. tiebreakers in favour of women
Devolution - all possible powers have been given to devolved states, so not to undermine parliamentary sovereignty. E.g. 2014 and 2016 Scotland Acts
BUT can devolution be complete without independence?
Post 1997 reform is unfinished
House of Lords. 1999 Act ‘abolished’ all hereditary peers yet 92 still remain. Phase 2 of this act was supposed to involve elected Lords but no one can get it through the Commons. E.g. Lib Dems proposed a partially elected second chamber in 2012 (80% members elected) and 91 Conservatives voted against it.
Devolution. English votes for English Laws (EVEL) says an English parliament is needed. E.g. in 2004 Scottish MPs were allowed to vote on English tuition fees. Could be argued that devolution is not complete without independence.
E+A 3 ways parliamentary privilege protects MPs
Protection from monarch - William Blackstone said that “privilege was established to prevent MPs from being oppressed by the monarch.” Privilege allows parliament to be autonomous. E.g. 2009 expenses scandal, 3 MPs were tried within the Commons
Protection of speech - article 9 of the Bill of Rights declared that no MP can be sued for what they say in the Commons. E.g. 2018 Lord Hain named Sir Philip Green at the centre of sexual and racist allegations
Regulate own affairs - police need a warrant to enter parliament. Damien Green’s office was searched without a warrant.
UK constitution adequately checks power
Devolution means power is no longer 100% centralised. 1997 Scotland and Wales Acts gave the devolved nations taxation powers. BUT parliament is still sovereign and can veto legislation e.g. 2023 Scottish gender recognition bill
Increased power to the courts. 2005 CRA created the Supreme Court and enhanced the separation of powers (JAC and Consolidated Fund.) Supreme Court can declare legislation and government actions ‘incompatible’ with the 1997 Human Rights Act. BUT the government can ignore these recommendations
UK constitution does not adequately check power
Parliamentary sovereignty means the government doesn’t answer to anyone and therefore lack accountability. E.g. planted questions in PMQs
Elective dictatorship means that a government with strong majority can do what it wants. There are no constraints to government power. E.g. Blair initiated military action in Iraq despite widespread opposition. Differs to US, for example, because of Congresses Veto override.
The UK constitution works effectively
UK has a respect for democratic outcomes. UK gov agreed to the Scottish referendum in 2014 even though it could have dissolved the UK. Different to Spain, for example, in 2017 Pro-Catalan leaders were arrested and the government refused to discuss a referendum
Evolution and Adaptation - the un-codified constitution adapts to suit the wishes of citizens. The 2011 FTA was repealed in 2022 because the government did not for-see a minority gov coming into power. Proves that the constitution adapts to suit the time
The UK constitution does not work effectively
Disconnect between citizens and the state. 2022 - UCL Constitution unit found that 77% of people believe they have little influence over how the government is run. Disconnect could have led to the participation crisis (60% turnout in 2024 election vs 83% in 1950.)
Declining scrutiny. Increasing powers of the Prime Minister (repeal of FTA) and more presidential leadership style (increased use of special advisors, Johnson had 51.) Less effective scrutiny, planted PMQ questions.
