UK Constitution Flashcards
Name the sources of the constitution
• statute law
• common law
• royal prerogative
• conventions
• works of authority
• international treaties and conventions
What is statue law (with examples)?
Acts of parliament passed by both the HoC and HoL
Examples:
- Magna Carta (1215)
- Bill of Rights (1689)
- HRA (1998)
What is common law (with examples)?
Judicial decisions, case law and legal precedents established by courts that contribute to constitutional framework
Examples:
- murder
- marriage
- outraging public decency
What is common law (with examples)?
Judicial decisions, case law and legal precedents established by courts that contribute to constitutional framework
Examples:
- murder
- marriage
- outraging public decency
What is royal prerogative (with examples)?
The residual or remaining powers
exercised in the name of the
Crown. They range from high-
profile powers, such as the power
to seek a dissolution or
prorogation (suspension) of
parliament
Example:
- August 2019 Prime Minister
Boris Johnson sought the
Queen’s permission to
prorogue parliament for a
longer than usual period of 5
weeks
What are conventions (with examples)?
These are unwritten customs and
practices that have acquired
constitutional significance. They
are not legally binding but are
widely accepted and followed
Examples:
• Monarch grants “Royal Assent”
to bills passed by parliament
• Prime Minister is the leader of
the largest party in the
Commons
• Collective responsibility, all
government ministers openly
support government policy
What are works of authority (with examples)?
These are authoritative texts that
provide interpretations and
explanations of the constitution
Example:
• Walter Bagehot “The English
Constitution” 1867
What are international treaties and conventions (with examples)?
Treaties or agreements that the
UK government have signed up to
Example:
• ECHR – all parliamentary
legislation much conform with
this
Features of the UK constitution
• uncodified - it is not found in one single document or place
• unitary - most power lies with the centre, namely the Westminster
Parliament
• parliamentary sovereignty - parliament has the final say on what the Constitution contains
• rule of law - the law applies equally to everyone, including those who
make the law
What is the Magna Carta (1215)?
• a royal charter of rights agreed between King John and his barons in response to the political crisis the king was facing
• represents the first formal attempt to try and limit the powers of the
monarch and place them under the rule of law
• among its 63 clauses the most
important remaining to this day is the right of all ‘free men’ to justice and a fair trial
What is the Bill of Rights (1689)?
• among its key terms were frequent parliaments, free elections and freedom of speech within parliament
• these clauses could be said to represent the establishment of
parliamentary sovereignty and the parliamentary state
• the bill also established the dominance of parliament over the
monarchy
• significant as parliament has continued to meet every year since 1689
What is the Act of Settlement (1701)?
• main aim of this legislation was to
ensure a Protestant succession to the throne
• this was a case of parliament ‘calling the shots’ and laying down the criteria
for British monarchy
What are the Parliament Acts of 1911 and 1949?
• reduced the powers of the HoL
• 1911 - ended the absolute veto of the HoL over legislation and restricted
their power to delay a bill for 2 years, they were also prevented from delaying ‘money bills’ or budgets.
1949 - act was modified to reduce the delay to just 1 year
• increased the democratic accountability of Westminster - unelected chamber couldn’t impact the will of the elected house
What is the European Communities Act 1972?
• enabled the accession of the UK to the EEC
• all legislation had to conform with European law
Which reforms have occurred since 1997?
• Modernisation of political institutions
• Increased democracy within the political system
• Increased use of Devolution
• An emphasis and improvement on Human Rights
Give 3 examples of the modernisation of political institutions since 1997
• Constitutional Reform Act 2005: created a separate Supreme Court, which became the highest court in the land which replaced the Law Lords, creating a greater sense of judicial independence and separation of powers
• House of Lords Reform Act 2014: gave existing peers the right to resign or retire from their seats in
the Lords, as well as enabling the removal of peers convicted of serious criminal offences or non-attendance. By early 2020, six peers had been removed for non-attendance
• Succession to the Crown Act 2013: enabled the eldest child of the monarch to ascend to the throne irrespective of gender, only applied to royal offspring born after October 2011. It also allowed an heir who married a Roman Catholic to retain their right of succession to the throne
Give 3 examples of increased democracy in the political system since 1997
• Referendums (Scotland and Wales) Act 1997: allowed referendums to be held in Scotland and Wales over the creation of devolved assemblies. ‘Yes’ votes in both countries meaning devolution could now take place
• Greater London Authority Act 1999: allowed for the setting up of a directly elected mayor for London. The Local Government Act 2000 contained provisions for elected mayors in other cities following local referendums
• 2011 Fixed-term Parliaments Act: required the prime minister to secure the support of at least two-thirds of MPs to call an early general election, instead of just doing it unilaterally. This was removed and replaced by Dissolution and Calling of Parliament Act 2022 which reinstated the prior constitutional situation, restoring the power of the PM to have a general election called at a time of their choosing
Give 3 successes of an increase in democracy
• There is greater autonomy in some
large cities, and the post of Mayor of
London has attracted high-profile
incumbents Sadiq Khan. Several
other cities have also embraced the
idea, with prominent Labour politician
Andy Burnham elected as Mayor of
Greater Manchester in 2017
• The reform of European Parliament
elections has over the years enabled a
greater variety of parties to be
represented, including UKIP/Brexit
Party and the BNP, along with
proportionately more Greens and
Liberal Democrats
• The direct election of police and
crime commissioners has also
enhanced opportunities for political
participation and local democracy
Give 3 failures of an increase in democracy
• Turnout in many mayoral referendums and PCC elections has often been abysmal even by local government election standards. Just 15% of the electorate voted to retain Middlesbrough’s elected mayor in 2013
• Lack of enthusiasm for reform of the voting system for national elections is shown by the outcome of the 2011 alternative vote referendum (42%)
• The provisions of the FTPA were easily overcome in both 2017 and 2019 to bring about early general elections and eventually the FTPA was removed in
2022
Examples of the establishment of devolved legislative bodies in constituent countries of the UK since 1997
• Scotland Act 1998, Wales Act 1998 and Northern Ireland Act 1998: set up elected devolved assemblies/parliaments in these countries
• In November 2004, a regional referendum was held in the north-east of England on the creation of an
elected regional assembly. The proposal was decisively rejected 78% - 22%
Give 3 successes of the establishment of devolved legislative bodies in constituent countries of the UK since 1997
• Popular support for devolution has increased. Originally in 1997 Wales backed the plan by the slimmest of margins: 50.3%–49.7%. Another vote in
2011 to expand law-making powers was backed by 63.5% of voters
• Some argue that it was only a devolved parliament that stopped Scotland backing full separation from the UK in
the 2014 independence referendum
• In Northern Ireland, the devolution process, although more problematic, has helped to end the violent period
known as ‘the Troubles’
Give 2 failures of the establishment of devolved legislative bodies in constituent countries of the UK since 1997
• Devolution has not succeeded everywhere, in Northern Ireland policy disagreements and a scandal over a failed renewable energy scheme meant that the Assembly was suspended between January 2017 and January 2020
• Support for devolution in England itself has not increased. A 2004 proposal to create a North East regional assembly was rejected by 78% of voters
Give 3 examples of legislation regarding human rights
• Human Rights Act 1998: incorporated the ECHR into UK law. This enables UK courts to take the ECHR into account when judging cases involving human rights, therefore sharply reducing the number of cases referred to the ECHR in Strasbourg
• Freedom of Information Act 2000: gave individuals greater access to information held by public bodies including local and national government
• Equality Act 2010: brought together around 116 individual measures into a single Act to combat discrimination and promote a fairer society
Human Rights successes in the UK
• The renewed emphasis on and landmark legislation in the area of human rights has increased awareness and visibility of rights, especially those of minority groups
• Laws concerning privacy and access to
information have made public bodies and other powerful institutions such as employers more accountable and responsible for the information they hold
• The important role of the UK Supreme Court in interpreting this legislation has increased protection of citizens’ rights
Human Rights failures in the UK
• It could be argued that the expansion of rights has led not only to the rise of ‘identity politics’ but also to a clash between individual and collective rights
• The growing role of the courts in human rights cases has led to much controversy, for example when the
Supreme Court ruled aspects of antiterror legislation (such as the freezing of the assets of suspected
terrorists in 2010) incompatible with the HRA
• With regard to the FOIA many requests for information are declined for
various reasons
