The constitution notes

Question 1

`How hard is it to entrench the UK constitution - fixed term parliaments act?

Answer 1

After the 2010 new coalition government wished to change the UK constition to introduce the fixed terms parliament act it proposed a law stating that each new should sit for a fixed 5 year term before the next general election - the fixed term parliament act 2011 took away the unwritten convention that the monarch, following a request by the PM, had the power to dissolve parliament and call a general election. it was intended that this law would be permanent so that every new parliament would have life for 5 years but it is not possible to entrench laws in the UK

Then in 2022 under the dissolution and calling of parliament act - it repelled the fixed terms parliament act and formally declared that the power to be to dissolve parliament and call a general election would return to the original convention of the monarch under the advice from the PM choosing the moment to call a general election without having to wait 5 years

This demonstrates the lack of entrenchment of conditional reforms as well as showing how a convention as the practice was before 2011 can become part of written law as the power of the monarch to choose when an election is called is now statue law

The 2011 law was supposed to be permanent

But it was easily repealed in 2022

👉 This proves UK laws are not entrenched

Conventions can become law

Before 2011: election timing was based on convention

In 2022: that same idea was written into statute

👉 So:
Something that was once just a tradition is now part of written law as before 2011 the Monarch would normally take the PMs advice and then when the power got given back to the monarch it is the same but it is now a law saying the monarch has to listen the the PMs voice

Question 2

How hard is it to entrench the UK constitution - use of referendums?

Answer 2

It has been popular to hold referendums when connotational change is proposed in order to add popular support to a decision and make it more politically challenging for a future government to revoke it so they are politically trying to entrench it via the support of the people

This was done for the devolution of power to Scotland and Wales in 1997 and the introduction of mayors in London + other areas and to approve the good Friday agreement in 1998 and on UK membership of the EU in 2016

Where a referendum has produced a “NO” result like the AV electoral system change in 2011 and the Scottish independence referendum in 2014 a constitional change cannot realistically take place as it has no public backing, but the effect of other referendums is to entrench constitional developments as it is inconvincible that changes would be reversed without another referndums to approve reversal - thus the uk is moving gradually towards a system of entrenchment through referendums

What happens if people vote “YES”?

If people vote YES, the change usually sticks

👉 Why?

It would be politically very hard for a future government to undo it

Reversing it would likely require another referendum

So even though Parliament can legally change anything…

👉 In reality:
They are unlikely to go against the will of the people

The UK uses referendums to give constitutional changes public support, making them politically difficult to reverse -even though they are not legally entrenched.

Question 3

How hard is it to entrench the UK constitution - unitary?

Answer 3

In a unitary constitution, political power is centred in one place and all over bodies are inferior to that one whereas a federal body divides power between both the central body and regional bodies like the USA and Germany so different laws for different states

Traditionally and it still does just about remain true the UK is a unitary systems as west minster holds the central power of sovereignty - however devolution which is the handing over of power can easily be returned or reclaimed and has created an unusual system which the UK arguable is which is a semi-federal system

As legally parliament could choose to return sovereignty to Westminster and end devolution, but politically this would be very unpopular and unlikely to happen

Question 4

What is a constitution?

Answer 4

A set of rules determining where sovereignty lies in a political system and establishing the relationship between the government and the governed

Question 5

What is a codified constitution?

Answer 5

A constitution that is written in one single document - USA

Question 6

What is an uncodified constitution?

Answer 6

A constitution where everything is not contained or written in a single document

Question 7

What is parliamentary sovereignty?

Answer 7

The principle that parliament can make amend or unmake any law and cannot bind its succesor nor be bound by it’s predecessors - they can do what they like

Question 8

What is a link with consiitutional rights?

Answer 8

They are a key element of democratic protections within the uk and they also define the relationship between the different branches of government

Question 9

Should constitutions be amended from time to time and how can the UK constitution be changed ?

Answer 9

Yes - the UK can be changed by:

• Simple parliamentary statue
• Slow evolution of unwritten rules known as conventions
• Publication of new official guidance or legal decisions

Question 10

What is unquie about the UK consitions ammendment process compaired to france?

Answer 10

France has to hold a referendum for an amendment but the UK has no higher higher methods of amendments and the constitution has evolved over history and can be amended quickly this to some extent is an unseen process that is subtle as it doesn’t concern much or the public

Question 11

What did the Magna carta 1215 do?

Answer 11

It established the rule of law should apply and the monarch should operate within this framework of law

Question 12

What did the Bill of rights 1689?

Answer 12

This act of parliament made sure the monarchs at the time didn’t exceed their powers and stated parliament was sovereign and has the final say on areas like government finances

Question 13

What did the parliaments act 1911 and 1949 do?

Answer 13

Settled the relationship between the HOC and the HOL before the 1911 act each chamber was at equal status but after the 1911 the HOL lost it’s power to regulate public finances and could only delay legislation for 2 years so could no longer VETO legislation for good - the 1949 act reduced that delay period from 2 to 1 year so the HOC is now very much the senior house

Question 14

What did the European committees act 1972 do?

Answer 14

Brought the UK into which then became the EU they only joined in 1973 through

Question 15

European withdrawal act 2017?

Answer 15

Gave parliament consent to leave the EU

Question 16

What key things are needed for a codified constitution?

Answer 16

Must be contained in one document
It must of been written at one point in history so in one source even if it has been emended
Has to be clear between constitutional and non constitutional laws

Question 17

Positives of a uncodified system?

Answer 17

It is more flexible so the political system can be more responsive to changing attitudes and ideas so it can be updated more compared to a codified one

No build up of public pressure without the need for major uprising or revolutionary action

The Dunblane massacre 1997 the Uk was very easily and quickly able to introduce gun regulations due to the school attack compared to the US who have the inability to impose gun laws despite a large amount of people wanting them

Question 18

Negatives of an uncodified system?

Answer 18

Less effective at protecting rights as laws can be easily changed - unlike the ECHR which is a well written and known document harder to change
With the uk constitution if you changed gun rights to speech rights the UK government could easily change the the right to free speech however the US cant no matter how much they want to as it is a hard process to change

Question 19

What does entrenchment mean?

Answer 19

It means constitutional rules are very well protected and difficult to change usually needing a super majority of the government to change

Question 20

Why can the constitution not be entrenched in the UK?

Answer 20

Because parliament is sovereign not the constitution this means every new poarilemnt can edit the constituion as it wishes

Question 21

How does parliament edit the constituion?

Answer 21

Pass a parliamentary statue and there is no higher standard for constitutional law

Question 22

What is an example of a constituional change in realtion to HR and the HOC?

Answer 22

The UK gov is normally able to dominate parliament by using the majority in the HOC meaning it can effectively control the consitiution

This was seen when the UK parliament passed the Human righst act in 1998 this encorprated the ECHR into UK law

It became binding on all poltical bodies other than parilaemnt no special procedures were needed and a fundamental change of the UK constitution was made through a simple act of parliament

Question 23

Evidence there are few ways of limiting parliaments power?

Answer 23

When the UK left the EU parilemnt rgained soem powers it lended over to the EU gaining back more soverginty but it has also lended powers and soverginty to devloved bodies and also mayors

Question 24

What are the 4 types of sovereignty ?

Answer 24

Politcal
Legal
Popular
Pooled

Question 25

What is the rule of law and an example of someone breaking it ?

Answer 25

It is one of the twin pillars of the British political system and states no ordinary person or governement is above the law and they need to obey the law E.g this is shown by the fines boris faced for breaking lockdown rules and the party gate scanddel leading to a clear law strengthaning democracy

Question 26

What are the 5 sources of the UK constitution as it is uncodifided?

Answer 26

Statue law constituitonal conventions authoriative works Common law Treaties

Question 27

What is statue law and three examples of it ?

Answer 27

Acts of parliament that have the efffect of establishing consitional principles - law passed by parilament - they are the highest legal authority in the UK The act of parliemnts act 1949 The Human rights act 1998 The scotland and Wales act 1998 All statues are the same and have the same status

Question 28

What is a constitutional convection two examples of a convenction ?

Answer 28

An unwritten rule that is considered binding on all members of the political community - they can be challenged by law but have so much moral froce this is unlikely The Sailsbury convention - HOL canyt block any policy mentioned in teh governenings party manifesto The PM using the monarchs power through conventions on areas like foregin policy

Question 29

What is authoriative works?

Answer 29

The rule of law and parliamentary soverginty

Question 30

What is common law?

Answer 30

Law that have developed through historically tradition it allows teh judicary to create law where parliment is silent and there is need to do so allows the freedom of movement stems from the idea that the crown cannot inprison people without the right to a trial so has protected rights from the encroachment of parilament

Question 31

What is treaties and it's effect on the UK parliament {+ example ?

Answer 31

Formal agreements with other countries that are sometime ratified by parliament ECHR - signed in 1956 so the british goverment had to follow these rules and subject to the court also teh EUs relationship with the UK was defined through treaties like the Maastricht treaty 1992 and the Lisbon treaty in 2009 where parilement let some soverginty being passed to the EU

Question 32

What are the 4 main reasons for constitutional reform for new labour in 1997 after 18 years of opposition?

Answer 32

Democratisation so removing undemocratic parts HOL Decernatlsiation of power so devolution Stronger protection of rights - ECHR into uk law in the HRA 1998 Modernisation so removing outdated pro cesse to also strengthen democracy

Question 33

Give me example of how constitutional reforms since 1997 has strengthened democracy?

Answer 33

Recall of MP - If an MP was suspended or imprisoned from the HOC for misbehaviour a petition signed by 10% of the constituents can trigger a by election HOL reform - this happened in 2 stages - stage one was to remove all 753 HP but this was opposed by the HOC and this number was reduced to 92 in the final house of lords act 1999 known as the Cranborne compromise The next step was to replce them with an elected or partically elected HOL but this was taken of the agenda as there wa sno political concensus

Question 34

Should the UK introduce a codified constituion - yes?

Answer 34

It would clarify the nature of the political system to citizens especallly after changes like the HOL reform an ddevolution Th euk would have a two tier legal system and so laws would be more clealry identified LIberals aregue it would give bettwer protection to citizens righst Help the uk clarify it's relationship with the EU