Unit 2 - UK Constitution, the Union and Devolution

Question 1

What is a constitution?

Answer 1

A constitution lays down the rules and principles which determine the structures and powers of government.

Question 2

Why is it said that the UK has an unwritten constitution?

Answer 2

The UK does not have a single document that constitutes its constitution – there are numerous different sources and even then there are areas that are not covered. For this reason, it is said that the constitution is unwritten.

Question 3

What are the five sources of the British constitution? Explain them.

Answer 3

1. Statutes - Acts of Parliament.
2. Case law - judge-made law that relates to the rights of the citizen.
3. Conventions - generally accepted principles of government that can only be enforced by public opinion.
4. International treaties.
5. Works of theorists - writings of eminent thinkers who have written about the British political system. (treatises)

Question 4

What are the three branches of government in the UK political system?

Answer 4

1. The legislative branch – the body that passes laws (Parliament – the House of Commons and the House of Lords with the approval of the monarchy)
2. The executive branch (the government – the prime ministers and the ministers)
3. The judicial branch (the courts – judges, law lords and magistrates).

Question 5

Explain the key principles of the British constitution.

Answer 5

1. Democracy – government by elected representatives; where the executive reflects the will of the people and is indirectly answerable to the people through parliament; the electorate has freedom of choice at regular times between two or more parties.
2. Separation of powers – the branches of government overlap and there is not complete separation of powers, though separation exists by convention.
3. Sovereignty of Parliament – parliament is unfettered and can pass or repeal any law it likes.
4. Rule of law – the government must act within the law, the law is applied equally to all.

Question 6

List some examples of recent constitutional change or constitutional controversy in the UK.

Answer 6

House of Lords reform; devolution; introduction of PR for elections to the European Parliament; the new Supreme Court; introduction of fixed-term parliaments.

Question 7

Which local contacts would you approach to get quotes on a story on constitutional change?

Answer 7

Local MP(s); local academic; local political activists (officers of local party organisations); vox pop (youth groups; elderly people)

Question 8

Explain what is meant by the Union.

Answer 8

The Union refers to the union of the four nations – England, Scotland, Wales, Northern Ireland – that constitute the United Kingdom of Great Britain and Northern Ireland.

Question 9

Define what is meant by devolution.

Answer 9

Devolution means the transferring of powers from central government in London (Westminster and Whitehall) to the nations of the United Kingdom – Scotland, Wales and Northern Ireland.

Question 10

Outline what powers have been devolved to Scotland and the main devolved institutions that have been setup.

Answer 10

Scotland has its own government and parliament with legislative powers and tax varying powers. It is responsible for administering and legislating for: health; education / training; local government; law and order; social services, economic development; roads; environment; agriculture; arts / culture. The government is headed by a First Minister and the Parliament comprises of elected MSPs. The Parliament may vary the basic rate of income tax.

Question 11

Outline what powers have been devolved to Wales and the main devolved institutions that have been setup.

Answer 11

Not as much power has been devolved to Wales as to Scotland. Wales now has its own government (Welsh Assembly Government) and assembly (National Assembly for Wales) with limited legislative and tax varying powers. They are responsible for administering: health; education / training; local government; law and order; economic development; roads; environment; agriculture; arts / culture. The government is headed by a First Minister and the Parliament comprises of elected AMs, elected every five years by AMS.

Question 12

Give examples of some issues relating to the constitution and devolution.

Answer 12

• asymmetrical nature of the UK
• policies and laws differ in the nations of the UK
• democratic deficit
• West Lothian question
• Absence of an England-only parliament
• Distribution of public spending - money per head in Scotland and Wales greater than England
• Parliamentary sovereignty may now be a myth
• Overrepresentation of Scotland and Wales in the House of Commons
• Break-up of the Union