1
Q
what is an uncodified constitution? (UK)
A
- no single source for the rules and principles that govern a state - found in a variety of sources
- some written - statutes, some unwritten - precedents, conventions
- means parliament has sovereignty
- constitutional laws same status as reg statute - no hierarchy/fundamental law
- not entrenched - can be amended same way as ordinary law
- judicial review limited - no single authoritative doc that senior judges can use to determine whether act/action is constitutional
2
Q
what is limited government?
A
system by which powers of govt are subject to legal constraints as well as checks and balances within the political system - i.e. protect country from over mighty ruler
3
Q
what is a codified constitution?
A
- single authoritative document setting out all of the rules and principles by which a country is governed + protects rights of citizens
- has status of fundamental law + superior to all other law
- entrenched - special procedures for amendment that make it difficult to change
- constitutional court generally given job of holding other key players (individuals/institutions) accountable to this supreme law
4
Q
what is a constitution? where does british constitution derive from?
A
- a body of laws, rules and practices that sets out the way in which a state or society is organised
- british constitution derives from:
- statute law
- common law
- conventions
- authoritative works
- EU
5
Q
what are conventions? examples?
A
- rules or norms of behaviour considered binding
- usage over extended period of time gives them authority
- prime minister leader of largest party in parliament
- 2011 fixed term parliament act put into statute law the convention that the govt should resign if defeated in a vote of no confidence
6
Q
what is statute law? examples?
A
- all legislation created by parliament - most important source of the constitution due to the principle of parliamentary sovereignty
- all other sources can be overridden by it
- HRA 1998 - Incorporated into UK law
- 1918 representation of people act - allowed all men + some women to vote
7
Q
what is common law? examples?
A
- created by courts/judges
- as a result of judicial review to clarify laws
- creates a precedent to guide future decisions
- some customs + precedents have become accepted as legally binded - like royal prerogative (powers exercised by govt in name of crown)
- murder, manslaughter, common assault
- misconduct in public office
8
Q
what are authoritative works? examples?
A
- long established legal + political texts that have come to be accepted as ref points
- have no formal legal status - do have ‘persuasive authority
- helpful in analysing values that underpin constitution + shed light on more obscure areas
- May’s green book
- bagehot’s ‘the english constitiution’
- dicey’s ‘intro to the study of the constitution’
9
Q
what is EU law? examples?
A
- under 1958 treaty of rome, EU took precedence over UK law
- proposals to incorporate all EU law into UK law (teresa may)
- something like 150,000 pieces of EU law has been retained:
- UK working time directive - adopted from EU WTD
- EU’s GDR adopted into uk GDR
10
Q
what is the rule of law? according to dicey what are the three main strands?
A
- defines the relationship between the state and its citizens - ensuring state action limited + responsible
- no one can be punished without trial
- no one is above the law + are subject to same justice
- general provisions of a constitution are result of decisions made by an indep judiciary
11
Q
what should laws be?
A
- stable
- cannot be made retrospectively
- should be made through an open, accepted + known process
12
Q
what might be included in a constitution?
A
- who has power + what power they have
- relationship between various institutions (judiciary etc)
- where authority resides + who can make decisions
- basic rights of citizens - bill of rights
13
Q
what is the british bill of rights?
A
- habeas corpus - right you cannot be held without a trial
- magna carta (sort of)
- european convention of human rights (1998)
14
Q
what are 4 principles of the UK constitution?
A
- parliamentary sovereignty
- rule of law
- a unitary state
- parliamentary govt under a constitutional monarch
15
Q
what is parliamentary soverignty?
A
- parliament can legislate on any subject of its choosing
- legislation cannot be overruled by any higher authority
- no parliament can bind its successors
16
Q
examples of when parliamentary sovereignty can be seen as undermined?
A
- under european communities act 1972 parliament effectively agreed to make itself subservient to european law
- new labours devolution programme saw scottish parliament being granted tax-varying powers + primary legislative control over many areas of govt operation
- increased use of referendums since 1997 could be said to have transferred power from parliament back to people
17
Q
what is a unitary state?
A
- constitutions whereby there is highly centralised state where political power concentrated at the center - westminister model for UK
- central govt ultimate authority over subnational institutions
- regional govt may be weak/non-existent
- local govt has little power
18
Q
how does a unitary state contrast to union + federal state?
A
- union - where there is centralised control but component nations have some degree of autonomy
- state whose component parts have come together through a union of crowns/ by a treaty
- federal state - division of power between national + regional govts
19
Q
is the UK a ‘nation of nations’?
A
- multinational nature
- traditionally described as a unitary state
- unitary state - all parts governed in same way + same common political culture
- union - political + cultural differences remain
- asymmetries reflect different ways state components united
- nations of UK came together in different ways - political + cultural differences survived
- could be argued devolution programme raises further questions whether its a unitary state
20
Q
how is parliamentary government under a constitutional monarchy?
A
- govt ministers accountable to parliament, but legally accountable to the crown
- govt depends on majority in HofC
- monarch retained formal powers but usage was constrained - legal powers exercised through elected govt ministers
21
Q
what is the westminister model?
A
- UK’s traditional constitution
- form of govt exemplified by british political system in which parliament is sovereign, executive + legislature fused + political power is centralised
22
Q
what are all of the historical documents on the development of rights?
A
- magna carter
- bill of rights
- act of settlement
- acts of union
- parliament acts
- european communities act
23
Q
what is the date of the magna carter? the significance?
A
- 1215
- guaranteed right to a swift + fair trial
- offered protection from arbitrary imprisonment
- placed limitations on taxation
24
Q
what is the date of the bill of rights? the significance?
A
- 1698
- placed limitations on the power of the monarch
- enhanced status of parliament
- prohibited cruel + unusual punishment
25
what is the date of the act of settlement? the significance?
- 1701
- barred roman catholics + those married to roman catholics from taking the throne
- resulted in the house of hanover assuming the english throne
- said to have paved the way for the acts of union
26
what is the date of the acts of union? the significance?
- 1707
| - united the kingdoms of england + scotland to form great britain - governed from westminister
27
what is the date of the parliament acts? the significance?
- 1911/1949
- removed power of the HofL to block money bills imposing a maximum 2-year delay
- reduced power of the HofL to delay non-money bills by reducing limit 1 year
28
what is the date of the european communities act? the significance?
- 1972
- act of parliament that formally took the UK into the European Economic Community
- incorporated the treaty of rome into UK law - thus making european law superior to domestic law
29
how does the UK have a rights-based culture?
- all laws must comply with the HRA which has led to some arguing that the UK has a 'rights-based culture'
- judges can use the HRA to declare existing laws unfit - promotes HRA in UK society + lawmaking
30
what are individual vs collective rights?
- HRA protects individuals rather than UK citizenship collectively
- protecting individuals rights seen as a good thing because it enables free + fair society - protects individuals who may face oppression
- but if individuals rights protected at expense of collective rights - can be restrictions on actions that can be taken to protect the public
31
what are examples of rights conflict?
- some criminals in UK have not been extradited because of the HRA
- some may consider this a threat to collective rights of liberty + security
- after 9/11 govt wished to detain terror suspects without trial - ruled against by law lords - seen as discrimination
32
what is a rights culture?
culture where citizens stand up for the protection of their rights
33
what are the constitutional reforms since 1997?
- modernisation
- democratisation
- human rights
- devolution
34
why is modernisation a reform? how is modernisation a successful reform? how is it a failure?
- political institutions - using outdated and inefficient procedures that demanded reform
- HofL has undergone a substantial transformation since 1997 - smaller, more diverse + less conservative dominated - now easier to remove peers or misconduct/non-attendance
- creation of supreme court has enabled a clear separation between executive + judiciary - given it a sense of corporate identity + higher public profile - remained politically neutral and apolitical
- primogeniture abandoned in royal family
- creation of indep supreme court has arguably led to - too much power residing with unelected + unaccountable justices therefore undermined parliament
- alteration to line of succession very minor tweak - still illegal for monarch to be RC
35
why is democratisation a reform? how is democratisation a successful reform? how is it a failure?
- participation in the political process would be encouraged through electoral reform + greater use of refs
- direct election of police and crime commissioners has also enhanced opportunities for political participation + local democracy
- reform of european parliament elections over years - allowed greater variety of parties to be represented - UKIP, BNP + proportionately more greens and libdems
- turnout in PCC elections often abysmal - meagre 11.6 turned out in 2012 to elect PCC for staffordshire - although did almost double for 2016 elect
- lack of enthusiasm for reform of voting system shown by outcome of AV ref 2011
36
why is rights a reform? how is rights a successful reform? how is it a failure?
- the rights of citizens would be strengthened and safeguarded
- EHRA adopted into UK law; renewed focus - increased awareness and visibility of rights
- Introduction of supreme court strengthened protection
- freedom of info act - greater transparency to public bodies (2000)
- expansion of rights not only led to rise of 'identity politics' (politicking around issues pertaining to one’s identity) + clashes between individual + collective rights (rights of press v individuals)
- growing role of courts in HR - controversy - SC ruled aspects of anti-terrorism legislation (ex freezing assets of suspected terrorists in 2010) incompatible with HR
- many FOI requests can be denied
37
why is rights a decentralisation? how is decentralisation a successful reform? how is it a failure?
- decision making powers devolved to new institutions in scotland + wales + role of local govt also enhanced
- devolved powers to scotland + wales with significant domestic powers passed across + primary legislation powers (1999 )
- in northern ireland devolution process helped to end violent period known as 'the troubles'
- popular support for dev increased - originally wales 1997 backed plan by slimmest margin 50.3% another vote to expand law-making powers backed by 63.5%
- devolution not succeeded everywhere - NI policy disagreements + a scandal over failed renewable energy scheme meant assembly suspended between jann 2017-2020
- devolution asymmetrical - scotland and NI more powers than wales
38
what are the strengths of the UK constitution?
- flexible- can be amended to reflect changing views and values (for example, introducing devolutions in response to rising Scottish nationalism)
- reforms since 1997 would not have been possible
- accountability - although holds considerable power from control of legislature - accountable to both parliament which scrutinises + wider electorate
- ex- select committees scrutinise government policy, shadowing the work of major government departments
39
what are weaknesses of the UK constitution?
- As it is not written as one document - can be uncertainty as to what the UK constitution says - example, the uncertainty over what should have happened after the 2010 general election which produced a hung parliament - cameron's Conservatives win the most seats in the general election - but not enough to secure an overall majority
- Power is overcentralized- it is all concentrated in the executive, more specifically the Prime Minister, who has control over every aspect of government (this has been slightly lessened with devolution)
- rights - historically, HR not protected well until 1998 - partly addressed by HRA but can be set aside + overturned by govt easily
40
should the UK adopt a codified const?
yes
- reducing ambiguities - hung parliament ex
- rights of citizens given further const protection - rights ex
- brexit argued to have won this case: ex process required govt to rely on out-dated + little understood tools - ex royal prerogative intervention of monarch + SC to clarify matters - codified const not need herald greater judicial activism - just sensible parliamentary provs ex super majs
no
- flexible
- reforms
- accountability + codification gives unaccountable judges too much power
41
what are three const reforms made by the conservatives (in coalition with libdems?)
- fixed-term parliament act 2011- established pattern of fixed gen elections every 5 yrs - removed ability of PM to call election at politically advantageous time - limitation shown in 2017 by calling of general elect
- scotland act 2012 - gave scot govt tax-varying powers + more legislative powers
- protection of freedoms act 2012 - came in wake of many controlled measures designed to meet threat posed by terrorists 9/11 - citizens greater protection from state by putting in scrutiny of security and oversight in data collection + surveillance
42
how does the british constitution protect rights well?
- UK const culture values civil liberties. ex formal support of HR by govt. ex, every parliamentary act contains declaration that act complies with HRA 1998 ( argued to be rights culture)
- current legislation provides strong legal protection for rights - ex interlinked HRA and European Convention on Human Rights mechanisms - HRA incorporates ECHR into UK law - EU law also provides additional protection (ex in area of workers rights)
- uk relatively strong framework for protecting rights - extends beyond courts. ex equalities + HR commision which often bring cases under equality act 2010
43
how does the british constitution not protect rights well?
- supreme court - asset freezing ex
- immigration + migrants' rights - The Windrush scandal - 2018 British political scandal concerning people who were wrongly detained, denied legal rights, threatened with deportation, and in at least 83 cases wrongly deported from the UK by the Home Office
- mental health + disability - corona act contained provisions allowing local authorities to reduce social care duties under care act - disabled people disproportionately affected - disability rights UK - stood up for those who rely on social care
44
what is the difference between collective and individual rights?
- individual - held by individual citizen
- collective - belong to group ranging from formally organised (trade unions) + those faith based - can also be applied to population - protection from terrorism ex
45
examples of rights conflict?
- in northern ireland owners of baking company prosecuted for refusing to bake a cake which said 'support gay marriage' for a gay rights activist - 2018 SC overturned judgements of lower courts that bakery guilty of discrimination - did not discriminate customer just message - conflict
- FGM common practice among certain communities - under UK safeguarding rules - needs to be reported as illegal under FGM act 2003 - clash between individual rights of citizen to follow cultural practice + collective rights of wider UK society - rightly see it as child abuse
- 9/11
46
what is the significance of the rule of law?
- identifies britain as a modern liberal democracy
| - ensures powers of govt limited
47
what is the significance of common law?
does not have precedence over statute law/acts of parliament
48
what is the significance of the royal prerogrative?
- often cited as a way govt can extend their powers - eg honours including peerage can be handed out by PM alone
- can be limited by acts of parliament (fixed-term 2011)
49
what is the significance of conventions?
- key principle
| - when Lord's rejected people's budget 1909 + broke convention - constitutional crisis took place
politics - UK
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Decks in class (6)
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