the constitution

Question 1

define constitution

Answer 1

set of rules for the government and sets out power and responsibilities

Question 2

why do we need a constitution

Answer 2

• political stability and order
• support democracy
• important after revolution or upheaval
• define a nation
• protects rights
• often basis of all laws
• helps to prevent abuse of power

Question 3

define codified constitution

Answer 3

written down in one document and have a higher status than other laws, like USA

Question 4

features of codified constitution

Answer 4

• entrenched- protected by higher courts and needs special procedures to amend
• federal- power is shared between institutions
• rigid- hard to amend and alter
• judicable- the judiciary are the final arbiters and guardians of the constitution and can declare the government’s actions unconstitutional

Question 5

define uncodified constitution

Answer 5

made up of several sources which are not all written, and is the same status as other law, like UK

Question 6

features of uncodified constitution

Answer 6

• non-entrenched- constitutional laws are no different from statue laws
• unitary- power is concentrated within a single body, like Parliament
• flexible- changed without lengthy or difficult process

Question 7

magna carta 1215 on constitution development

Answer 7

• signed by King John to promote peace between him and his barons
• demand of monarchical power so they are less powerful
• stated no one should be deprived of liberty or property without due process of the law

Question 8

bill of rights 1689 on development of constitution

Answer 8

• passed by Parliament in response to rule of King James II
• parliamentary sovereignty established
• reinforces habeas corpus- no illegal imprisonment
• protected freedom of speech in parliament
• only parliament can levy taxes
• no excessive bail or cruel or unusual punishment
• parliament must be held frequently
• free elections

Question 9

act of settlement 1701 on development of constitution

Answer 9

• ensured crown would pass through sophia’s line and remain in protestant hands
• led to formation of the UK with inclusion of Scotland
• have to be a british citizen to be a MP
• no one receiving money from the crown can be a MP

Question 10

acts of union 1707 on development of constitution

Answer 10

• parliament has control over all of UK but scotland wanted federal approach
• scotland keep their own church, legal system and local government
• referendums in 1979, 1997, 2014 for scottish devolution and independence

Question 11

Parliament Act 1911 and 1949

Answer 11

• people’s budget proposed a new land tax which conservative peers opposed so liberal government reduced the power of the Lords
• they could delay legislation for 2 years, cannot veto bills that originated in the commons, and Parliament term reduced from 7 to 5 years
• 1949- reduced delaying power to one year and money bills could only be delayed for a month and not amended
• allows supremacy of commons as the elected house
• encouraged stronger views to be expressed in the Lords

Question 12

European communities act 1972

Answer 12

• Britain joined european economic community ( now EU)
• EU law would take precedence over UK law
• helps when UK is in conflict and can refer to EU law
• voted to leave in 2016

Question 13

sources of UK constitution in order of importance

Answer 13

• (EU law/ treaties)
• statute law
• common law
• conventions and authoritative works

Question 14

what is statue law and examples

Answer 14

laws passed by parliament, which are sovereign as Parliament is sovereign
( 1998 Scotland Act, Government of Wales act and Northern Ireland act created devolved bodies)

Question 15

what is common law and examples

Answer 15

legal principles laid down by judges in their rulings, which provides precedent for later judgements
(habeas corpus- protection against unlawful imprisonment)

Question 16

what are conventions and examples

Answer 16

customs and practices that are not legally binding but generally accepted over time
(government will not order military action without approval from Parliament, royal assent of bills)

Question 17

what are authoritative works and examples

Answer 17

textbooks and widely respected constitutional documents that help explain the political system
(Dicey, Bagehot, Magna Carta)

Question 18

what is EU law/treaties and examples

Answer 18

• agreement with other EU states, however not since 2016, and treaties with other countries
  (Maastricht treaty)

Question 19

define parliamentary sovereignty and features

Answer 19

principles that Parliament can make, amend or unmake any law and gave absolute power in the country
- legislation cannot be struck down by higher body
- no parliament can bind its successor so laws can be changed and amended
- can make laws on any subject
- can restore itself any devolved powers

Question 20

define rule of law and features

Answer 20

all people and bodies must follow the law and can be held to account if they do not
- everyone is entitled to a fair trial and no one should be imprisoned without the legal process
- all citizens are equal
- public officials are not above the law
- judiciary must be independent of political interference

Question 21

define devolution

Answer 21

giving away of power from central authority to a more local level

Question 22

devolution in england

Answer 22

• 1999 london mayoral referendum brought back a london mayor and greater london authority under blair- share oversight on areas like transport and political
• by 2015, a further 16 areas like liverpool and greater manchester adopted the elected mayor model
• north east referendum in 2004 denied creating elected regional assemblies by 78%
• blair set up regional development agencies but was scrapped under the coalition
• “metro mayors” were created under the coalition which aimed to create the “northern powerhouse” and tried to drive regional growth by letting them make their own policy on housing, skills etc

Question 23

devolution in scotland

Answer 23

• referendums in 1997 on devolved powers to scotland and to allow scottish parliament tax-raising powers, which were both won
• scotland act 1998 gave primary powers and tax varying powers on income tax +/- 3%
• scotland act 2012 gave an increased to tax-varying powers to +/- 10% and devolution of some other taxes
• scotland act 2016 extended powers on transport, energy, social security, and full power over income tax
• primary legislative powers without direction from Westminster, like no tuition fees

Question 24

devolution in wales

Answer 24

• 2011 welsh referendum concluded 63.5% supporting transfer of direct law making power in 20 devolved powers like education, housing etc
• wales act 1998 gave secondary legislative powers to the assembly
• wales act 2014 gave minor tax powers and a referendum on income tax-varying powers
• wales act 2017 allowed for further powers in transport and energy and varying income tax-paying power by +/- 10%

Question 25

devolution in northern ireland

Answer 25

- 1998 good friday agreement referendum resulted in 70% voted in favour, and led to devolution to bring unionist and nationalists together - periods of suspension by UK government (2002-2007) due to breakdown of trust between unionist and republican groups - devolution of policing and criminal justice in 2010 - 2015 corporation tax act devolved power to set corporate tax - reserved matters that are normally under the domain of Westminster can be legislated on with consent from NI secretary including financial services, firearms and broadcasting

Question 26

positives of devolution

Answer 26

- more to local power - stop break up of UK - increase democracy and representation - allows innovation and new ideas - consensus politics - devolved assemblies are popular in the regions - secured peaceful NI for 20 years

Question 27

negatives of devolution

Answer 27

- bureaucratic - asymmetric with different powers, like Wales has the weakest powers - still break up of the UK like scotland wanting independence - no codified in the constitution and westminster can take the powers away - west lothian question where non-english MPs can vote in Westminster but not vice versa - no strong desire for it, wales with low turnout (32.9%)

Question 28

how much of england is covered by economic devolution by population and economic output

Answer 28

41% of population 49% of economic output- urban areas

Question 29

examples of erosion of parliamentary sovereignty

Answer 29

- eu law prevails over british law, and up to 2020 was binding on successor Parliaments - executive power has grown - use of referendums, where popular vote usually leads to governments following the outcome - HRA and ECHR - devolution - political restraints like pressure groups and trade unions - growing influence of media and public opinion- media endorsement

Question 30

pressure for reform in the 1990s

Answer 30

- demands for modernisation under New Labour, like being open to demands from Charter 88 who wanted more open democracy and stronger guarantees of citizens rights - experience of conservative rule and lack of constitutional reform meant more people wanted it

Question 31

constitutional changes under Labour 1997-2010

Answer 31

- house of lords reform- removed all but 92 hereditary peers, took powers away - electoral reform- PR in all devolved assemblies - devolution- devolved bodies following referendums in 1997-98 - human rights act 1998 to make ECHR accessible in UK courts - creation of supreme court - freedom of information act 2000

Question 32

constitutional changes under coalition and conservatives

Answer 32

- plans dropped for mainly elected HoL - referendum in 2011 for AV, but did not work - conservatives wanted to change to a british bill of rights - scotland and wales received more devolved powers, like direct law making powers - EVEL - fixed terms parliament act- election has to be called every 5 years - wright reforms redistributed power to backbenchers - recall of MPs across meant by elections can be triggered if at least 10% of constituents sign a petition

Question 33

debates for further voting reform

Answer 33

+ provide answer to west lothian question + facilitate a more federal model + allow for greater regional identity + helped solve regional problems like nationalists and unionists in NI - asymmetric devolution - england would dominate a federal assembly and its relationship with westminster would be complicated

Question 34

debates for electoral reform

Answer 34

+ PR in devolved areas is proven to be more representative - AV referendum shows no appetite - small parties don’t get represented

Question 35

debates for HoL reform

Answer 35

+ raise legitimacy of second chamber + more effective check on the executive + more professional and knowledgable people - might challenge the authority of the commons

Question 36

alternative reform of Lords

Answer 36

- reducing size of Lords to 600 within ten years - restricting new peerages to 15 year terms - appointing peers in relation to party’s election performance

Question 37

debates on changing UK constitution

Answer 37

+ can entrench human rights act and make it harder for parliament to take our rights away + power of executive will be restrained - judges are not the best people to regulate the constitution as they are unelected - no public demand for codified constitution and hard to come up with what it would entail