unit 1 constitution Flashcards
Magna Carter 1215
Sets out the principle that no one including the King is above the law, sets out the right to a fair trial for all free men
Bill of Rights 1689
Established the idea that the Monarch’s power is reliant on the consent of Parliament and set up frequent parliaments, freedom of speech within parliament (parliamentary privilege) and free elections
Act of Settlement 1701
Only a Protestant could become monarch and gave control over the line of succession to the throne to parliament
Parliament Act 1911
In response to budget crisis, prevented Lords from delaying money bills and prevented delaying other bills for 2 years
Parliament Act 1949
Reduced the period of delaying a bill to 1 year
1972 European Communities Act
Gave EU law precedence over UK law, Brexit involves repealing this act
What does uncodified mean?
Not written down, made up of multiple sources
Rule of law
Everyone is subject to the law, the judiciary must be independent
Devolution in England
English votes for English laws
Decentralisation of powers to cities
EVEL
In 2015 EVEL was introduced, addressing the issues of Scottish MPs voting on issues that didn’t affect Scotland
Means certain parliamentary votes can only be attended by MPs from England/Wales
Applies to education, criminal and health law
Decentalisation of powers to cities
Some city mayors have more financial powers and control over their city budget
Can keep revenue from business projects to be reinvested in the city
EG Manchester, Liverpool, Cornwall
Scottish Parliament and Government
Scotland Act 1998
Scotland Act 2016
Indy ref
Scotland Act 1998
Following a referendum in favour of devolution
Established a Scottish Parliament with powers of its own
First elections in 1999
AMS for voting members in parliament
Formed by largest party in parliaments
Scotland act 2016
Second stage of devolution following indy ref
Powers include welfare service, air passenger duty and income tax
Independence Referedum 2014
55% to 45% vote for No in answer to should Scotland be independent
After winning 48/59 seats in 2019, Nicola Sturgeon requested a 2020 ref2 but Boris Johnson declined
Cannot have another referendum without UK Government consent
Supreme Court ruled in Nov 2022 that proposed referendum was outside Scotland’s legislative powers
Section 30 order was passed to give Scotland the legislation for the initial referendum but this expired on 31st Dec 2014
Devolution in wales
Government of Wales Act 1998
Government of Wales act 2014
Government of wales act 1998
Welsh National Assembly established
No lawmaking/financial powers
Assembly could run public services and decide how to allocate funding
Powers for health, public services, education and agriculture
Government of wales act 2014
Gave powers to the Welsh government over stamp duty and business taxes.
Stated a referendum would be held to decide whether Wales could have some control over the income tax of its citizens.
In 2015 the Welsh government was granted powers over income tax up to £3 billion per year without a referendum taking place.
Northern Ireland Assembly and Executive
Good Friday Agreement
Devolution
Dissolved parliament
Good Friday Agreement 1998
Restored devolved powers to previous dissolved Government
Established an assembly to be elected using proportional representation
All major parties guaranteed ministerial positions
devolution
Healthcare, transport, agriculture, policing and education powers transferred
Granter power to pass laws not reserved for Westminster
Dissolved Parliament
Parliament was dissolved in 2002 following tensions between Loyalists and Republicans
Reopened in 2007
Successful reforms
Good Friday has helped to ensure peace in NI
The 2005 Constitution Reform Act established a Supreme Court which is independent of parliament and government
Fixed term elections prevent prime ministers calling a snap election to gain political advantage
failure reforms
No electoral reforms away from FPTP
In 2017 SNP won 25 seats with 3% of the vote, Lib Dems won 12 seats with 7.4%
House of Lords unelected
Against Reform
Increase divisions, disunity
Too many elections
No significant demand
For Reform
Improve accountability
Increase political participation
Regional problems better addressed
Parliamentary sovereignty
Parliament is supreme, no Parliament can bind its successor
Unitary
Power is held by one central authority, diluted in recent years and now referred to a union state
Unentrenched
A constitution with no special procedure for amendment.
Statute law
Law made by parliament
Eg 2005 Constitutional Reform Act created a separate Supreme Court
common law
A legal system based on custom and court rulings
Conventions
A way in which something is usually done, especially within a particular area or activity.
Authorative works
Works written by experts describing how a political system is run, they are not legally binding but are taken as significant guides.
Constitutional reform 1997 -2010
House of Lords reform, devolution, HRA, Supreme Court, electoral reform
Demand for reform
Issues in NI, unhappiness in Scotland, New Labour promising change
House of Lords act 1999
Reduced the number of hereditary lords in the House of Lords from 1,330 to 92
Modernised the House of Lords, means actual experts can be elected (Lord Norton - politics professor), underrepresented groups can be seen
Life peerages means Lords don’t have to worry about reelection, can focus on needs of the country
26 Bishops but no representation for other religions, HoL still unelected
2017 Burns report called for reduction of the over 800 members, large and costly
devolution
1998 Scotland Act, Northern Ireland Act + Government of Wales Act
Growing demand
Collapse of power sharing agreement of NI in 2017
In 1998 Wales gained fewer powers than Scotland
2014 Indyref
2016 Brexit process, hard border Northern Ireland Act 1998
West Lothian question
Barnett formula worked out Scotland, Wales and NI receive more money per head than England
Human rights act 1998
Incorporated the European Convention on Human Rights into UK law
Supreme Court can strike down secondary legislation that is incompatible with the HRA, but primary legislation they can only issue a doctrine of incompatibility
Fundamental rights of British Citizens laid out
Conservatives don’t like link to European Court of Human Rights at Strasbourg and want to replace the HRA with a British Bill of Rights
2005 control orders
2005 Constitutional Reform Act
Created a SC, replacing the Law Lords where senior judges sat in HOL
Separated government and judiciary, formed SC and reformed appointment process for senior judicial appointments
Split the powers of Chancellor into 3, making judiciary more independent
Established a Judicial Appointments Commission to appoint candidates based on qualifications, before they were appointed by Lord Chancellor and PM, Gov makes final decision but JAC must approve
Clear separation of powers
SC is weaker, can’t strike down legislation, not very diverse
electoral reform
New Labour brought about the AMS for Wales and Scotland and STV for NI
2011 ref on AV instead of FPTP, FPTP majority
Voting age, in 2014 Indy ref it was 16
Reforms under the coalition 2010-2015 and since 2015
Fixed Terms Parliaments Act 2011 set 5 year periods between general elections, took away the power of PM to call snap elections can now only occur if 2/3 of MPs agree or no confident vote
In 2017 May was able to call a general election because 2/3 of MP agreed
2014 Government of Wales Act - control over some taxes, in 2015 granted income tax powers
Elected mayors 2010-2015, police commissioner introduced
In 2016 further powers to Scotland
2015 Recall MPs gave constituencies the power to recall inappropriate MPs if 10% of constituency agreed
From 2015 Conservatives gave power to bigger cities, 2016 Manchester was given the power to control budget for social care and healthcare
Should reform be taken further?
Successful reforms - judicial system, devolution esp peace in NI, SC, fixed-term act
Failures - still FPTP (in 2017 SNP 35 seats 3% of vote, Lib Dems 12 seats and 7% of vote), HoL is unelected and undemocratic
debate over the further devolution
Improve accountability, increase living standards and potentially political participation, regional problem better addressed
Increase divisions by promoting disunity, too many elections leading to voter apathy (lack of interest), not significant demand
should the constitution be codified?
Protection of human rights, checks on gov power, clarity for citizens
1998 HRA act is codified but parliament can override
Clearer than uncodified Constitution
Uncodified constitution allows for a strong government, codified could politicise the judiciary, codified can limit government action
Changing to codified could be difficult, no major problems in the UK, may lead to SC dealing with issues (USA example) - unelected court dealing with political issues
