Unit 1: Natures Of The Constitution Flashcards
Constitution
The supreme, authoritative set of rules and principles that outlines how a country should be governed but also sets rules for citizens, it establishes links between the different parts of the political system and the rights of citizens
Codified constitution
A constitution written up in one document
2 types of constitution
Uncodified constitution e.g. uk constitution which means its made up of different documents not one singular one
Codified constitution e.g. us constitution which is codified due to a revolution where everything is written up in one text and made in one go
Why does the UK not have a codified constitution?
The uk has been stable for too long, there have been no reasons to draw up constitutions in one go like they had to in france or germany due to revolution - it has been free of revolutions that swept Europe in the 19th century so our democracy has been formed incrementally over centuries rather than at once like in the US
Britains constitution has been built on common law, case law, acts of parliament (primary law) and European legislation - not set in one document
How has the UK constitution changed over time?
The idea of a group of people meeting regularly has developed e.g. parliament
The power of monarchs has been curbed and limited - e.g. due to habaes corpus and trial by jury
Democracy has developed and representation has increased - men and women can vote not just rich men
Power balance has shifted - sovereignty has shifted, the monarchy has little power today and the lords lost a lot of power too
What has remained the same in the UK constitution for a long time?
The idea of electing representatives to represent the people of England and meet regularly to discuss what is better for the common good and advise monarch - existed since Anglo Saxon times
Parliamentary power, scrutiny of the government and a society governed by laws has existed for a long time
Habeas corpus
Process in law that means a particular person can appeal to the courts against unfair imprisonment
Trial by jury
12 individuals would hear a case and decide if the accused was guilty
Chancellor of the exchequer
The government official who is responsible for calculating, collecting and distributing government funds through taxation
Acts of parliament
Laws that have been formally passed by parliament and given royal assent by the monarch
Declaration of rights
A monarch cannot act without the consent of parliament
Privy council
A group of senior political advisers who have the job of advising the monarch on the use of royal prerogative (power)
What are the 6 key historical political documents?
- Magna Carta
- Bill of rights
- Act of settlement
- Acts of union
- Parliament acts
- European communities act
What year was the Magna Carta signed?
1215
What year was the bill of rights introduced?
1689
What year was the act of settlement introduced?
1701
What year were the acts of unions introduced?
1707
1800
What year were the 2 parliament acts introduced?
1911
1949
When was the European communities act introduced?
1972
What is the modern system of British politics?
Constitutional monarchy
Parliamentary sovereignty
Parliamentary sovereignty
The parliament is the supreme, authoritative body in the UK
Describe all 3 of the key aspects of the constitution that the Anglo Saxons had
- Witan was developed - the council of the Anglo Saxon kings - advised the king on taxation and military matters - established the idea that the lords should be consulted before decisions were made
- Trial by jury - legal principle that any noble accused of crime should be tried by a jury of peers, king determined the sentence
- Habeas corpus says that a prisoner has a right to appeal to courts against unfair detention - protecting the weakest in society against those who abuse their power
Did the Anglo Saxons system of government give more power to the monarchy or to the people?
The monarchy
Key aspects of the Magna Carta
Introduced by King john - ruthless king, raised money for wars in France and abuse of justice system for his benefit
1214, the barons revolted against the king - monarchy defeated - John forced to sign
The Magna Carta guaranteed the freedom of the people from royal interference - monarch: couldn’t raise taxes without consent of people, justice must be free and fair and not arbitrary, everyone should have the right to a swift and fair trial, nobles could select a committee of 25 to scrutinise actions of the king
Did the Magna Carta impact who had more power? The monarchy or the people?
Yes, the people began to have more power
When was the house of commons created?
1275
Key aspects of the creation of the House of Commons
1275 - king Edward required money to fight against Scotland, knew lords would object so he sent out writs demanding that each shire & town elect two representatives from the knights to join lords in voting to authorise the kings demand for taxation - creation of house of commons
Lords and commoners met at Westminster hall in the Palace of Westminster - parliament - only the wealthiest 2% of Britain represented
Did the creation of the House of Commons impact who had more power? The monarchy or the people?
The people began to have even more power
When were Henry VIII’s acts of supremacy?
1534
1559
Key aspects of Henry VIII’s acts of supremacy
To justify Henry’s break from the church and to change religious practice in wales and England, he used Acts of parliament saying the changes had been approved by the people - he forced the members of parliament to pass the Acts - showed that they didn’t entirely have complete control yet - weren’t fully sovereign
Established the idea of parliamentary sovereignty - the parliament have power to approve the actions of the king
Did Henry VIII’s acts of supremacy impact who had more power? The monarchy or the people?
The power was still in the hands of the people but evened out a little
Key aspects of the bill of rights
The monarchs after the monarchy was restored also believed they should have ultimate power - Charles II and James II
James II resigned
Declaration of rights was drafted and then became the bill of rights in 1689 - heavily influenced by a philosopher, John Locke
Good things: removed royal interference in elections and guaranteed free elections, only parliament could create or appeal laws, the commons could say what they wished in the chamber without fear of prosecution, judicial power of monarch was removed (which removed cruel and unusual punishment) - limited power of monarch
Problems: vague, could be reinterpreted, monarch still had power over wars
Did the bill of rights impact who had more power? The monarchy or the people?
The power was in the peoples hands even more
Key aspects of the act of settlement
Created in 1701
Settled succession problem that occurred and parliament decided who should be the monarch in England - they decided to pick George of Hannover to settle issues
1714 - George I became king
The Act also established several principles that were suggested to be part of the bill of rights: judges couldn’t be removed without the consent of parliament, the monarch couldn’t take England to war without consulting the Privy council, the monarch couldn’t be Catholic and no one who has an office under the king could be part of the House of Commons
Did the act of settlement impact who had more power? The monarchy or the people?
The power was with the people
Key aspects of the acts of union
After the act of settlement, there was a risk that the Scottish parliament would choose their own monarch - leading to breakup of an informal union
1707 - acts of union were passed - dissolved Scottish parliament, made England have control over Scotland - led to creation of Great Britain
1782 - Ireland had gained legislative independence from Great Britain
1800 - Westminster parliament passed the union with Ireland act because there was a Catholic uprising in 1798 as Catholics couldn’t hold political power in Ireland - led to creation of Great Britain and Ireland
Did the acts of union impact who had more power? The monarchy or the people? Why?
The power slightly evened out but still was slightly leaning to the people - because William III - forced Scottish to accept the terms but also, having two monarchs intimated Britain meaning the monarch was considered important and powerful
Key aspects of the 1911 parliament act
Since the act of settlement, the Lords had been very dominant in uk politics
However there began to be a rise in democracy in the UK, meaning the status of the Lords was challenged e.g. Lord Salisbury was last prime minister who was a lord
1911 - parliamentary act was introduced after the monarch threatened to make a liberal majority in the lords - limited powers of lords - they could only delay bills for 2 years, the commons had exclusive power over money bills
Did the 1911 parliamentary act impact who had more power? The monarchy or the people?
It was still balanced - however more power was given to the commons as it was taken from the lords - so thus took away power from the wealthiest and those closest to the king
Key aspects of the 1949 parliamentary act
Was created after a conflict between Attlees labour government and the House of Lords which was mainly conservative - they voted against nationalisation programmes
The 1949 Parliament act reduced the time lords could delay legislation from 2 years to 1 year
This parliament act didnt have the consent of the House of Lords but was passed when the 1911 parliament act was invoked
Did the 1949 parliamentary act impact who had more power? The monarchy or the people?
People
When was the second representation of the people act?
1969
Key aspects of the 1969 representation of the people act
All men and women aged over 18 were allowed to vote due to this act - extended size of electorate to 97%
Did the 1969 representation of the people act impact who had more power? The monarchy or the people?
People
Key aspects of the European communities act
Passed in parliament to allow the UK to join the European economic community (the single market) & made the EEC law become domestic law and meant that laws passed by the EEC would take affect automatically in UK
Said no UK could conflict with EU law - EU law took priority over statute law
But, parliament is still sovereign (authoritative) - they can repeal the European communities act
Did the 1972 european communities act impact who had more power? The monarchy or the people?
People
Uncodified constitution
A constitution that is made up of rules in a variety of sources, in the absence of a single legal document or written constitution - the constitution has evolved over time
What are the 5 sources of the UK constitution?
Statute law
Common law
Conventions (traditions)
European law & International treaties
Academics
Info about statute law?
-The constitution is mainly made up of statute law e.g. Laws passed by parliament - called primary law
-The Labour government of 1997 to 2010 made sweeping changes to the constitution through primary legislation e.g. the human rights act 1998 which lets you defend your rights in uk courts and focused on equality and the anti terrorism, crime and secturity act of 2001 where dangerous substances that could be used by terrorists had more security measures
Info about common law?
-it consists of principles that judges have traditionally used to decide cases in absense of relevant statute law
-The common law is ever evolving
-Common law is inferior to the statue law as statute law will generally prevail
-Parliamentary sovereignty is a common law principle but actually takes precedence over statute law
Info about international treaties?
-the uk is a signatory to other international agreements and organisations - these affect the way in which it makes decisions
-Uk is member of the UN and has one of five permanent seats on the security council
-its a member of nato
Info about European law?
-also known as European community law
-European community act 1972 - UK became a member of the European Union
-All decision making mechanisms of the European Union became part of the uk constitution and uk law - eu law has a higher status than UK law
-e.g. the merchant shipping act 1998 was struck out after it was ruled to be in contradiction of eu law in the famous factortame case 1991 - when a Spanish boat was refused access to uk water to fish by uk government
Info about conventions (traditions)?
-convention = the understandings which are often based on past practices and custom
-Uk constitutions main aspects are are actually conventions rather than law that are legally enforceable
-E.g. it’s only convention that the monarch must sign an act for it to become law which has existed since 1707
-However some conventions are less secure like the doctrine of individual ministerial responsibility where ministers refuse to resign even if there are serious issues with their departments
-More conventions include the idea that here should be a cabinet that discusses major decisions or the House of Lords shouldn’t defeat a manifesto commitment of the party of the government
Info about academics?
-clarity is seemed from respectable academics especially where common law is central to the government
-write up ideas in authoritative opinions - works written by scholars and academics in the constitution
-academic AV Dicey - attempted to make the case that parliamentary sovereignty could be overridden by judges if certain fundamental common law rights were infringed
Why is statute law the most important source in the uk constitution?
1 Any law passed by parliament is a statue law and it take precedence over all of the other sources of the constitution
2 When the constitution is amended in the UK , it’s mainly done through statue law e.g. human rights activists of 1998 and its used to clear up any misunderstanding or bits of unclarity of the common law
3 For a statue law to be passed it has to be agreed upon by the commons, the lords, the royal assent and the crown in parliament and cannot be overturned by anyone other than if its repealed by parliament
What are reasons as to why statute law is not actually the most important source of the UK constitution?
- It still relies on common law to fill in the gaps of statute law
- European law is superior to statute law and overrides it
List all of the Prime Ministers of the UK since 1997 to today WITH DATES
Tony Blair 1997-2007
Gordon brown 2007-2010
David Cameron 2010-216
Theresa may 2016-2019
Boris Johnson 2019-2022
Liz truss 2022-2022
Rishi sunak 2022-2024
Keir starmer 2024-present
What have been the 3 Tory constitutional reforms since 1997? With the dates that the acts were introduced.
Succession to the Crown Act 2013
House of Lords Reform Act 2014
Data Protection Act 2018
What have been the 2 Labour constitutional reforms since 1997? With the dates that the acts were introduced.
Referendums (Scotland and Wales) Act 1997
Human Rights Act 1998
Details of the Succession to the Crown Act 2013?
Amended the provisions of the bill of rights and the act of settlement to end the system of male primogeniture, under which a younger son can displace an elder daughter in the line of succession
Details of the House of Lords Reform Act 2014?
Allowed members of the House of Lords to resign or to retire permanently (they had to stay until death prior to this) - it also provides that members who did not attend debates and those convicted of serious offences should be removed of their members to the House of Lords
Details of the Data Protection Act 2018?
Everyone responsible for personal data must make sure that their information is used fairly, lawfully and transparently, kept for no longer than necessary and handled in a way that ensures appropriate security including protection against unlawful processing, access or damage
Details of the Referendum (Scotland and Wales) Act 1997?
Scotland and Wales could have their own parliament where they could debate and solve issues that affected them - it gave both countries more power and was a big part in devolution
Details of the Human Rights Act 1998?
Set out fundamental rights and freedoms that everyone is entitled to, it incorporates rights set out in the European convention of Human Rights e.g. defend your rights in UK courts and the right to be treated equally and respectfully
Individual rights
Freedom of speech, freedom or religion, the right to own property - these are rights that apply to individual citizens like the right to be able to access information held about you or the right to a free education up to 18
Collective rights
Rights that protect communities of individuals and the environment - like workers rights in specific jobs, religious groups or disabled people
Civil rights
Rights granted to citizens within a state and relate to freedoms like equality and privacy - they define the relationships citizens and the state such as a right to vote, a right to free speech and a right to a fair trial
Human rights
Fundamental rights that should be guaranteed to every human being like the right to life and the freedom from torture
Example of civil liberty pressure groups in the UK
The Fawcett Society
Key details of the Fawcett Society, an example of their work and a criticism they received
-campaign for women rights created over 150 years ago by Millicent Fawcett (a suffragist)
-primary focus is on increasing female representation in politics, pay, pensions and poverty and has played a massive role in focuses on gender inequality
-campaigned for the APPG on Sex Equality to discuss issues in June 2018 - a group of MPs that focuses mainly on gender equality, they ended up debating on women’s representation in politics and raised awareness of levels of online abuse received by female MPs
-have received criticism for using misleading data in some of their campaigns, for example in their campaign to highlight the gender pay difference in April 2018, they used the full time pay of men and compared it to the part time pay of women to exaggerate the unequal pay
An example of where collective rights took precedence over individual rights. Why?
Public space protection orders (PSPOs)
-passed in 2014, the Anti Social Behaviour, Crime and Policing Act made council enforce PSPOs, which enabled councils and other law enforcement agencies to criminalise not normally criminal behaviour by outlawing certain activities within a defined space e.g. consumption of alcohol in public spaces, aggressive behaviour (linked to begging or preaching)
-e.g. Birmingham in 2018 which introduced 8 social PSPOs including those related to drinking, loitering and off road bikes and 5 PSPOs for dog control
-however there has been some controversy surrounding these as it is believed that they strip back some individual rights and although they’ve been useful in making local areas safer to live in and work in, some PSPOs were enforced with no consultation and have targeted vulnerable groups like the homeless e.g. some councils have made rough sleeping illegal even though no one does it unless they’re truly homeless
An example of where collective rights took precedence over individual rights. Why?
Data Protection Act 2018
-protects individuals’ personal data by regulating how the government, can collect, store, and use it
-It prioritizes individual rights to privacy and data security over the collective interest of government agencies that may wish to process data for efficiency or security reasons
-e.g. individuals have the right to request the deletion of their personal data even if organizations it keeping it would serve broader governmental interests
The individual right to privacy may clash with what collective right?
The individual right to privacy may clash with a collective right to security - if people suspected of involvement in terrorism or other serious crimes might have their phone calls monitored
What might the individual right to free speech clash with?
The individual right of free speech may clash with the collective right to not be subjects to abuse or hatred - if there is a group of people being targeted by the use of free speech e.g. the immigrants currently in the UK - the riots and the ’stop the boats’
PSPO
Public space protection order - prohibits certain people
ASBO
Anti social behaviour orders
Why were PSPOs created?
Councils think that citizens may be upset or offended by something which makes them ban things and thus create PSPOs
Give 2 examples of councils using outrageous PSPOs?
Sefton passed a PSPO prohibits wearing head wear
Hackney PSPO - tried to criminalise rough sleeping - homeless person can be criminalised for this - fined or sent to prison
Why do some disagree with PSPOs?
People say that it gives the councils and its officers too much power - PSPOs can be created on a whim or due to their own issues and not the issues of the area
The British constitution does defend citizens rights
Statute laws, rights have been explicitly defended e.g. the human right act 1998 and the freedom of information act 2000
Common law/case law make exceptions and adjustments - which our in citizens’s interests
The courts can be used by citizens to assert their rights and demand access to information
Britain is unlikely to withdraw from the ECHR - European court of human rights
We have a data protection act 2018, where everything online and our information should be ours and ours only or should be used lawfully - right to privacy defended online
Scrutiny
The British constitution does not defend citizens rights
Many laws have loopholes and gaps which can be ineffective e.g. FOI requests are often refused, independent vs collective clash
Uncodified nature of the constitution means that people are unaware of their rights - no rights are entrenched or codified - can be exploited more easily
Parliament could, in theory, repeal or challenge laws and citizens would be powerless to stop this - fusion of powers
With Brexit, the reinforcement of EHCR could potentially be lost making citizens rights more vulnerable
Courts only advisory
Parliamentary sovereignty
A principle of the UK constitution - it makes Parliament the supreme legal authority in the UK which can create or end any law, the courts cannot overrule its legislation and no Parliament can pass laws that future Parliaments cannot change - its the most important part of the UK constitution
Reasons why leaving the EU has threatened the UKs parliamentary sovereignty?
-Economic reliance on deals - after Brexit the uk needs trade deals with other countries, meaning it still has to follow some rules set by others, which limits its independence
-Northern Ireland protocol - special rules for Northern Ireland means EU laws still apply there in some cases, making the uks control over its own laws incomplete
-Has lost some of its bargaining powers and strength
-Trade complications - UK businesses must comply with EU regulations to trade with the EU, which limits the UKs ability to make its own rules
-Scottish independence debate - Brexit revived talk to Scottish independence, which could weaken UK sovereignty if Scotland leaves
Reasons why leaving the EU has not threatened the UKs parliamentary sovereignty?
-Freedom from European Union laws: the UK no longer has to follow EU laws, so it can make its own decisions on all matter without interference from Brussels
-Control over immigration - the UK now has full control over who can enter the country, which it couldn’t fully control while in the EU
-Independent trade policy can now be created - Britain can now negotiate its own trade deals with any country, instead of being tied to EU agreements
-Self determined future - the UK now has complete control over its policies, including environmental laws, workers rights, and business regulations
What are the 4 principles of the UK constitution?
- Parliamentary sovereignty
- Rule of law
- A unitary state
- Parliamentary government under a constitutional monarchy
Rule of law
The political philosophy that all citizens and institutions within a country, state or community are accountable to the same laws including lawmakers and leaders - introduced in Magna Carta
Unitary state
A highly centralised state in which political power is concentrated at the centre where the central government has ultimate authority over sub national institutions - the centre dominates political, economic and cultural life of the state
Parliamentary government under a constitutional monarchy
A political system in which the monarch is the formal head of state but the monarchs legal powers are exercised by government ministers and where the government takes place through parliament and in which the executive and legislative branches are fused
Reasons why the UK should adopt a codified constitution
-It would make it easier for people to abide by the law - individual and collective rights would be easily defined - would make it harder for the government to change them (sets limits over the powers of the state) - would make it easier to defend people in courts - everyone has the right to a fair and free trial which would be made easier
-For laws to be interpreted sometimes multiple sources are required like common law is used to fill in the gaps of statute law - easier to interpret
-statute law more authoritative - parl sov
Reasons why the UK should not adopt a codified constitution
-Governments struggling to amend it wouldn’t be good - may result in the UK being behind socially - may lead to them being outdated and not coming to agreements when trying to make amendments - e.g. why the US hasnt come o an agreement on gun reform laws - dead hand control
-May give judges more power - they are unaccountable so nothing could be done about them refusing amendments e.g. what’s happening in America where the Supreme Court have too much power
-It is not something that is particularly needed or wanted and there is no official process of going about making the constitution codified - may make the constitution more messy
