UK Constitution Flashcards
Sources of US constitution
Statute law
- Laws passed by parliament, 1998 Human Rights Act
Common law
- Laws passed down by legal judgements in courts over years
The royal prerogative
- Remaining powers exercised by the monarch
- 2019 Johnsons asked queen to prorogue the parliament
Conventions
- Generally agreed rules, traditions
- PM asks to form the government
Works of authority
- Cabinet manual of 2010
Key principles of UK constitution
Parliamentary sovereignty
- Legal supremacy
Constitutional Monarchy
- Parliamentary sovereignty under a constitutional monarchy.
Rule of Law
- No one above the law
Unitary state
- Power centralised
Main themes of constitutional reform
- Modernisation of political institutions such as the House of Lords
- Greater democracy in the political system
- The devolution of many powers away from the centre (i.e. London
- Human rights, especially those of minority groups
Modernisation of political institutions reforms
House of Lords Act 1999
- Removed all but 92 hereditary peers
Constitutional Reform Act 2005
- Created SC
House of Lords Reform Act 2014
- Allowed peers to resign or retire
Greater democracy in the political system reforms
Referendums (Scotland and Wales) Act 1997
- Referendums held for creation of devolved assemblies
Greater London Authority Act 1999
- Allowed to elect mayor
2011 Fixed-term Parliaments Act (FTPA)
- 2/3 of MPS to call for early election
Devolution reforms
Scotland, Wales, Northern Ireland Act 1998
- Setup assemblied in devolved nations
Human rights reforms
Human Rights Act 1998
- Incorporated ECHR into UK law
Equality Act 2010
- Combined 116 measures to fight discrimination
Data Protection Act 2018
- Strict rules on saving personal data
Evaluating post-1997 constitutional
changes
Modernisation of political institutions
- HOL more diverse, SC independent but HOL sitll not democratically chosen
Greater Democracy
- Set up mayors but most cities rejected the offer
Human rights
- More acts protecting rights, identity politics
Devolution
- Worked well in Scotland, Waled but not in N.Ireland
Individual/Collective Rights
Individual rights
- Rights that belong to each citizen
Collective rights
- Rights that lie with group of people
How well does the British Constitution protect rights?
Protects them well
- Formal support
- Strong legal protection for core rights by the ECHR
Less well
- Brext removing safety net
- Parliament can break those rights
Should the British Constitution be codified?
For codification
- Greater clarity
- Removing vaguness of traditions
- Easily understood rights
- Reduce executive power
- 1/3 countries with uncodified constitution
Against codification
- Flexible
- Parliament struggle what to include
- Judges more power
- Lacked of popular demand
