UK Government: The constitution Flashcards
What is the purpose of a Constitutions?
Constitutions are designed to set out the rules and
regulations within which governments operate.
They establish the composition, powers and functions of the institutions of the state, regulate the relations between these institutions, and enshrine the legal rights and duties of the citizenry.
An important distinction can be drawn between codified and uncodified constitutions.
What is a codified constitution
Largely written and centred around a
single document incorporating key
constitutional provisions that are
binding on all political institutions.
They are usually ‘entrenched’, enjoying the protection of a higher or supreme court, and can only be repealed or amended by special provisions, beyond the ordinary legislative process.
Eg us constitution
How has the Constitution developed
Magna Carta (1215) - stated the principle that no one should be deprived of liberty or property without process of law
Bill of Rights (1689) - regular parliaments, free elections, freedom of speech within Parliament
Act of Settlement (1701) - establish the right of Parliament to determine the line of succession of The throne
Acts of Union (1707) - The basis of the United Kingdom until tony Blair new Labour government passed legislation to set up Scottish parliament
Parliament Acts (1911, 1949) - Affirmed that lords could not delay money bills, for non-financial bills the power of veto was replaced with a two year delay Power. 1949 act reduced this period to 1 year
European Communities Act (1972) - established EU law would take precedence over UK law
How is the U.K.’s constitution described
The UK constitution is often described as an ‘unwritten constitution’, but it is best described
as ‘partly written and wholly uncodified’.
It is derived from a number of sources. Its principal source is statute law, i.e., laws passed by the UK Parliament.
Constitutional authority is also derived from common law, that is, the legal principles and ‘precedents’ established by judicial decisions.
What are conventions
unwritten understandings and customs, also surround the rules of constitutional behaviour. Although not supported by law, these are considered to be binding.
For example, it is a convention that the monarch sign Acts of Parliament passed by both Houses, and that the government should resign after losing a vote of ‘no confidence’.
What is the role of the royal family within the UK constitution
A historic feature of the UK constitution, the Royal
Prerogative, gives the Crown (the monarch) special
powers, including the power to declare war, to make treaties, to pardon criminals, and to dissolve
Parliament.
Today the role of the monarch in such matters is largely ceremonial, but the Royal Prerogative gives considerable powers to government ministers acting on the Queen’s behalf.
Part of the Royal Prerogative is Parliamentary Sovereignty, or the right of Parliament to scrutinse the actions of government ministers.
What are the sources of the uk Constitution
Statute law - Body of law passed by Parliament. Constitutional laws affect the nature of the political system and civil rights. Most important source as it is underpinned by the concept of Parliamentary sovereignty. (Government of Wales act and Northern Ireland act)
Common law - legal principles laid down by judges in their rulings in court cases providing presidents for later judgements. Important in cases for no clear statute law applies.
Conventions - customs and practices that do not have legal force but have been accepted over time. Can be challenged and changed by Parliament (principle that was established after the 2003 Iraq war that except in an emergency the government will not take military action without Parliamentary approval)
Authoritative works - textbooks that explain the working of the political system. Useful guides but lack legal standing (the ministerial head guide)
Treaties - agreements with other EU member states which UK governments have signed since joining.
What is Parliamentary sovereignty
The single most important principle of the UK constitution is that of parliamentary sovereignty.
Under this principle, Parliament can make or unmake any law on any subject whatsoever. No one Parliament is bound by the decisions of its predecessors, nor can it bind its successors.
There is no higher body, such as a supreme court, that constrains the legal authority of Parliament.
However, parliamentary sovereignty is now directly challenged by theUK’s membership of the European Union.
EU membership necessitates the ‘pooling’ of sovereignty over areas where the member states have agreed to act together.
All laws passed at the European level are considered legally superior to domestic law, and are ultimately protected by a higher constitutional court, the European Court of Justice.
Should European Union law and UK law conflict, EU law will prevail.
What does the Conservative party interpret the UK constitution in terms of human rights and civil liberties
View all embracing human rights with suspicion
That these rights are written down and codified, ties the hands of politicians as time moves on and society advances.
What might be suitable human right legislation for one nation might not be appropriate for another.
The obvious example is in America where the right to carry a
firearm is jealously guarded as a civil right not to be tampered with.
Such a ‘right’ does not exist in Britain and is never likely to.
Therefore, traditionally, the Conservative Party have been wary of blanket human rights legislation as it feels that they are far too
sweeping for all nations and that it is wrong to impose them on a
society that might not need them constrained in a certain guise.
What does the liberal Democrats interpret the UK constitution in terms of human rights and civil liberties
Liberal politicians have always been associated with
supporting human rights legislation.
The current LibDem policy is to further enhance the Freedom of Information Act, like the one that is found in America.
As a party, it believes that Britain is far too secretive and that not enough has been done to liberalise our society.
It has campaigned in the past for a written constitution in a document as brief and as compact as the American Constitution.
The party believes that citizens in this country should know
concisely what their rights are in an easily available document, written in clearly understood language etc.
Strongly supportive of the Human Rights Act.
What does Labour interpret the UK constitution in terms of human rights and civil liberties
Historically has also championed human rights.
It was Labour that pushed for the franchise for women; a free health service to equalise peoples access to medicine so that medical treatment was not dependent on wealth - i.e. good health was a right; the welfare state to look after
individuals from the ‘cradle to the grave’ etc.
Such developments were seen as being vital to a person’s right to have a minimum standard of living. The last Labour government somewhat tarnished its support for human rights by selling weapons to overseas governments that have poor human rights records, Burma, for example, despite its claim that it would follow an “ethical” foreign policy.
What is the definition of constitutional reforms
the act of modernising the ways in which a country is
ruled and governed.
Why does the Constitution need reforming
Corruption and sleaze associated with the House of Commons, e.g. expenses scandal.
Fairness of the electoral system.
Future of the House of Lords. Why do we still have an institution that was set up in medieval times and why are Anglican Bishops
automatic members?
Erosion of civil liberties.
Increasing number of unelected ‘quangos’.
Why was there a pressure to reform the Constitution in the 1990s
Demand for modernisation – Tony Blair‘s new Labour Party were sympathetic towards the idea of constitutional reforms as part of its plan to modernise British institutions. Open to the demands of pressure groups such as charter 88 Who wanted more open democracy and stronger guarantee of civil rights
The experience of Conservative rule - conservative government refused to undertake constitutional reforms this helped to build up pressure of a change especially in Scotland where the population felt ignored by the London government.
What were the constitutional reforms introduced by Tony Blair
Human Rights Act (1998) - Incorporated the European convention on human rights into UK Statute law in shining rights such as a free trial and freedom from slavery. Judges could strike down laws that were incompatible with the ECHR but can suggest amendments to Parliament. Limitation is when the government decided to declare an exception from article 5 which gave individuals the right to liberty and security in cases of suspected terrorism illustrates that on entrenched nature of the act.
PR electoral system used for each assembly - various forms of proportional representation were influenced by elections in devolved governments. The government commissioned a report into the systems used in Westminster but did not act on it could be as a result of their grasp on the power under the first past the post system
House of Lords reforms (2000) - The House of Lords was dominated by hereditary peers whose titles were given to them by inheritance only 92 hereditary peers sat in the Lord. Labours political opponents were removed as the majority of hereditary peers were Conservative supporting. The majority now are life peers Who are appointed on grounds of merit reflecting a wide variety of fields. No political party enjoys a dominating position In the Lords
The creation of the Supreme Court- The highest Court of Appeal in the UK for civil cases and for criminal cases. Previously senior judges known as the law lords sat in the House of Lords perform this function. And example of separation of powers
What were the devolutionary reforms that were introduced by the Tony Blair government
Referendums held to confirm new devolved bodies
Northern Ireland Assembly (1998) + Scottish Parliament & Welsh Assembly (1999) + Greater London Assembly & Mayor (2000) - Labour devolution reforms were designed to decrease the support for pro independence Scottish Nationalists party and bring together the unionists and nationalists factions in Northern Ireland.
What were criticisms of Tony Blair reforms
Enthusiasm for constitutional reform quickly started to fade.
The reforms were half-hearted and not taken seriously.
The reforms reshaped existing constitutional arrangements but
did not address deeper problems such as the electoral system and
the House of Lords.
What were the constitutional reforms under Gordon Brown
Limited.
He did however clarify the use of the royal prerogative. It now has to be used through consultation with, and
approval of Parliament. The Queen does not have to be formally consulted about all of these matters separately. She will however, privately discuss these with her Prime Minister at their weekly meeting.
E.g. declare war, call general election, recall parliament, ratify international treaties, public appointments, appoint senior judges.
