UK Constitution Flashcards
1
Q
What is the nature of the UK’s constitution?
A
It is uncodified - it draws on a variety of sources, unlike the US
2
Q
How does the uncodified nature of the UK’s constitution affect its flexibility?
A
It can be changed with a simple Act of Parliament, making it very flexible
3
Q
What are the twin pillars of the UK constitution
A
- The rule of law
- Parliamentary sovereignty
4
Q
Is the UK constitution entrenched or unentrenched?
A
Unentrenched
constitutional laws are no different than statute laws, meaning the constitution can be amended with an act of parliament
5
Q
What is the judiciability of the UK constitution?
A
Judges cannot challenge Parliament’s ability to make or amend statute laws - it is non-judiciable
6
Q
Explain the unitary system of the constitution
A
Based on parliamentary sovereignty - supreme power remains in a single source (parliament),
as opposed to a federal system as seen in the US
7
Q
Is the UK’s system evolutionary or revolutionary?
A
Evolutionary: the system has been evolving over centuries; constantly changing and adapting to circumstances/current democratic requirements
8
Q
What are the 5 main sources of the constitution?
A
- Statute law - momentous laws passed by parliament
- Works of authority - Significant books
- Common law - Judicial decisions based on long established practices
- Conventions - traditions and customs
- Treaties (previously including EU law)(replaced by Statute law after Brexit)
Statute law surpasses all of them.
9
Q
What is the Magna Carta?
A
(1215) - checks power of king and confirms basic rights.
Clause 40 - used later to define Hebeas Corpus (right to fair trial and fair arrest)
10
Q
What is the Bill of Rights?
A
(1689)
Further sets out the limits of royal power
requirements for regular parliaments and free elections
rule of law
prohibits cruel and unusual punishment.
11
Q
What is the Act Of Settlement?
A
- (1701) Prohibits roman catholics from getting the throne.
- In 1999 the Scottish Parliament tried to repeal the act but failed.
- Many bills have also failed to repeal this act.
12
Q
What are the Acts Of Union?
A
- 1707
- parliamentary union of Scotland and England to be governed by Westminster.
13
Q
What is the Parliament Act (early one)?
A
- 1911
- Parliament asserted supremacy of the HoC over the HoL by limiting their legislation blocking powers.
- Legislation can be passed without the Lords permission if it meets the terms of the act.
- Only delay money bills for 1 month.
14
Q
What is the Parliament Act (later one)?
A
- 1949
- Limited Lords power further by reducing their general delaying power to 1 year instead of 2.
15
Q
European Communities Act
A
- 1972
- Now repealed due to leaving the EU but just EU law
16
Q
Human Rights Act
A
- 1998
- Guarenteed certain human rights, formalising the ECHR into law
- Requires the Government to ensure legislation is compatible with convention.
17
Q
House of Lords Act (early)
A
- 1999
- Abolished all but 92 hereditary peers
- Meant that no political party had a majority.
- Intended to be the first phase of reform, and hereditary peers were supposed to be removed fully later on - but this never happened
18
Q
House of Lords act (later)
A
- 2014
- Gave existing peers the power to resign or retire. This aimed to slow the increase of the chamber as it was becoming too large.
- Allowed peers to be removed due to serious criminal offences.
- By April 2017, 58 peers have resigned and a further 4 have been removed through non attendance.
19
Q
Scottish Devolution
A
-
1997 referendum: 74% in favour, led to Scotland Act 1998
- Primary powers and income tax varying power ±3p
-
Scotland Act 2012
- Income tax varying power ±10p, additional taxes
-
Scotland Act 2016
- Additional powers in relation to transport, energy and welfare
- Substantial control over income tax, and the proceeds of national VAT
20
Q
What is the West Lothian Question?
A
- Should MPs from devolved areas (aka not in England) be able to vote on english matters?
- English Mps could not do the same in reverse, and it does not affect their constitutiencies.
21
Q
What was the solution to the West Lothian Question? Does this fully solve the issue?
A
- English Votes for English Laws (EVEL) - Legislation that only affects England only requires majority of English MPs.
- Not fully, a proposed new law can still be vetoed by a majority of all MPs even if a majority of English MPs are in favour.
It has been suspended during the pandemic because it is too difficult to count votes online. Shows its ineffective
22
Q
Welsh devolution
A
-
1997 referendum: 50.2% turnout, 50.3% Yes - Welsh Act 1998
- Secondary legislative powers
-
Wales Act 2006 led to 2011 Welsh devolution referendum; 35% turnout, 63% Yes
- Direct law making power in 20 devolved areas, including health and educations
-
Wales Act 2014
- Minor tax powers, such as stamp duty, business rates and landfill tax
-
Wales Act 2017
- Income tax ±10p, further powers in transport and energy
- Name changing powers; now Welsh Parliament/Senedd (2020)
23
Q
Northern Ireland devolution
A
- Granted legislative powers and similar range of policy powers as Scottish government.
- No tax raising powers, except the Corporation Tax (NI) Act 2010
- Special procedures for cross community support. eg. power sharing executive.
24
Q
What happened in the Scottish Independence Referendum?
A
- 2014
- Voted no by 55%, very high turnout of 85%
- Brexit has fuelled calls for another, SNP likely to win large majority in May 2021 elections and claim a mandate for one
25
How did the Constitution change under the Blair/Brown government?
1. **HoL reforms 1999** (got rid of hereditary peers)
2. **Electoral reform** (introduced Proportional rep in devolved bodies)
3. **Devolution**
4. **HRA 1998**
5. **FOI Act 2000**
6. Supreme Court
26
How did the Constitution change under the coalition government?
1. **Fixed Term Parliaments Act 2011**
2. Further devolution to Wales
27
How has the Constitution changed since **2015**?
* Further devolution to Scotland, Wales and Northern Ireland
* **Scotland Act 2016**
* **Wales Act 2017**
* **Corportation Tax** (Northern Ireland) **Act 2015**
28
Summarise **4** reforms that **decentralised power** (since 1997)
1. **Devolution** to UK nations
2. **Brexit** - returning all decision making to parliament
3. Elected **mayors**
4. **Police** and **crime** **commissioners**
29
Summarise **5** reforms that **enhanced** **democracy** (since 1997)
1. **HoL reform 1999**
2. Electoral reform - PR in devolved assemblies
3. **Recall of MPs Act 2015** - MPs can be recalled to face by-election
4. The **Wright Reforms** - backbench power
5. **EVEL**
30
What are the Wright Reforms?
Introduced in **2010,** aimed to give the Hoc more scope for **schedule**
**_Chairs_** of departmental and select committees should be elected by **_secret ballot_** in the HoC
_Backbench Business Committee_ (**BBC**) - backbench business _scheduled by the House instead of ministers_ and **one backbench motion per month for debate**
The house can decide its own seating pattern
Introduction of **e-petitions**
31
Summarise **2** reforms that **enhanced rights** (since 1997)
1. **HRA 1998**; codified the ECHR into statute law
2. **Freedom of Information Act 2000**; provided public access to documents held by public authorities
32
Summarise **2** reforms that modernised the system (since 1997)
what did they do
1. **Fixed-term Parliaments Act 2011**; fixed date of UK elections
2. **Constitutional Reform Act 2005**; established **Supreme Court** replacing the Law Lords and seperated the role of the Lord Chancellor into three seperate roles
33
Arguments that devolution has been a success
1. UK still **intact**
2. Devolved assemblies are **popular** and **accepted** by all **main parties**
3. **Welsh** **interest** in devolution has **increased**
4. Secured **peace in NI**
5. Elected mayors have increased **regional identity** and 'metro mayors' in Manchester and Liverpool etc. have been introduced as recently as 2018
34
Arguments that devolution has failed
1. England and Westminster has **slowly lost power**; parliamentary sovereignty possibly challenged
2. **West Lothian question not fully resolved**
3. **Low turnout** in **devolved** assembly elections hints at low interest
4. **Scottish** desire for **independence** has **increased** since the arrival of the Scottish Parliament
5. There is also record backing for **Welsh independence (40%)** and a creation of the 'Northern Independence Party' for north england
35
Arguments for a codified constitution
1. Major principles **entrenched**, safeguarding them from interference
2. **Individual liberty** and **minority rights** more easily protected, protecting tyranny of the majority
3. Executive power **constrained** by a single document
4. **Independent** judiciary ensure that constitution is upheld
36
Arguments against a codified constitution
1. Less **responsive** and adaptable - many reforms since 1997 may not have been possible with a rigid constitution
2. Entrenchment of rights doesn't equal **enforcement**, e.g. *Bill of Rights in the USA did not stop lynching of African-Americans* *and slavery*
3. Government power can be effectively constrained by **elections** instead of a document
4. Judges are not socially **representative** and are **unelected** - uncodified constitution protects against **tryanny of the unelected judiciary**
37
Arguments for greater devolution to/in England
1. Fully resolve the **West Lothian** question - EVEL does not solve it and creates second-class representatives at HoC
2. Facilitate a **federal** government
3. Provide stronger **regional identity**, and gives a voice to strong identity regions that want more local control (e.g. Cornwall)
4. England is the only nation in the UK **without** a devolved body
5. England currently recieves **less money** per person than other parts of the UK
38
Arguments against greater devolution for/in England
1. Could complicate the **relationship** between regions and Parliament
2. Would create more **asymmetric** devolution - e.g. how Scotland has more powers than Wales
3. Little public or party **support**
4. England would **dominate** a federal assembly as the largest country
5. **EVEL** has been used successfully
6. Most English people don't **distinguish** between England and the UK - there is no need for it
7. Many areas of England don't have a strong local **identity** and see themselves as English or Btitish
39
What did a committee suggest for HoL reforms and who led this?
* **Lord Burns in 2017**
* Reducing the size to **600** peers until at least 2047
* New peerages restricted to **15 year terms**
* Politcal peers appointed in relation to a party's **election performance**
40
Arguments for reforming the House of Lords
* Full or partial election would increase the **legitimacy** of the second chamber
* The current process is controlled by the PM and so benefits the **governing party**
* An elected chamber may be a **more effective check**, as the **Salisbury Convention** would not exist
* May **balance** the power of the Commons, which is controlled by the Executive
* Reducing the size may make it more effective as there is more time for debate
* 45/92 hereditary peers are Conservatives compared to 3 Lab and LD
41
Arguments against reforming the House of Lords
* It may challenge the **authority** of the Commons [not necessarily bad]
* Election would **eliminate** **the experts** currently sitting in the Lords, including experienced former ministers
* The current Lords better represents the **popular vote** than the Commons - the Conservative Party make up **46%** of Lords that affiliate with a political party which is more proportional to the **43%** of votes they recieved in the 2019 election than the current **56%** of seats they hold in the Commons
* The Lords works well - it is the **most active chamber in the world** as it sits for long periods of time and meets frequently
* It has beeen a useful **check** on the executive as it is not dominated by parties - since 2019 the Government has been defeated **82** times in the Lords, including on controversial bills such as the **Internal Market Billl**
