Studied by 2 people
the nature and sources of the uk constitution (1.1), how the constitution has changed since 1997 (1.2), the role and powers of devolved bodies in the uk and the impact of devolution on the uk (1.3), debates on further reform (1.4)
define constitution
laws and fundamental principles which establish the distribution of powers within a political system, relationships between institutions , the limit of govt jurisdiction and the rights of citizens
Functions of the Constitution
provide legitimacy to those in power
protect freedoms, restrain the behaviour of those in office
encourages stability in govt and office
How is the uk constitution evolving
power moving away from the monarch and moving to parliament
this development is demonstrated through a number of key historical documents
Magna Carta 1215
a constitutional document which contributes to the UK constitution but is not a founding document
It's habeus corpus notion is often cited as part of the constitution and is an international symbol of liberty
Bill of Rights 1689
outlined specific constitutional and civil rights and gave parliament power over the monarchy
established principles of frequent parliaments , free elections and freedom of speech within parliament ( PARLIAMENTARY PRIVILEGE)
Act of Settlement 1701
laid out the foundations of a constitutional monarchy and strengthened the guarantees for ensuring a parliamentary system of government
Act of Union 1707
united england and scotland under one parliament
led to the creation of the united kingdom of great britain
The Parliament Acts 1911
sought to remove the power of the house of lords to reject money bills , and to replace the Lords' veto over other public bills with the power of delay
The Parliaments Act 1949
further reduced the Lords' delaying powers to one year - these acts both limit the power of the House of Lords in relation to the House of Commons
European Communities Act 1972
brought the uk into the european union , gave eu law supremacy over uk national law
The Nature of the UK Constitution
Uncodified, unentrenched, unitary, twin pillars of parliamentary sovereignty and the rule of law
Define codified
Key constitutional provisions are provided for within a single written document
Define uncodified
UK constitution is described as ‘partly written and wholly uncodified’ - not contained within a single written document
Define unentrenched
To change it does not require an extraordinary procedure - can be done by a simple vote in parliament
example of how unentrenched constitution is beneficial
1996 gun massacre -was debated by british parliament and 1997 a new law called the firearms amendment act was passed - banned all handguns except those used for hunting
1996 Dunblane Gun Massacre - benefits of an uncodified constitution
1996 Gun Massacre - then - ruling Conservative Party tasked senior judge Lord Cullen with a major public inquiry - recommended stricter limitations
Change in Government to Tony Blair’s government in 1997 and in November 1997 the UK enacted a full ban on the private ownership of handguns
Significance ?
Since the 1996 massacre - the UK has experienced no school shootings in comparison to USA which have limited rules on gun control
Scottish Sun Snowdrop campaign - more than 700,000 signed a petition which led to the government banning the private possession of handguns
Define Unitary
sovereignty is located as westminster and this is where ultimate power lies -> this has been challenged by devolution and the EU
Twin Pillars of the UK constitution
Parliamentary sovereignty and Rule of law
What is Parliamentary sovereignty?
No parliament can bind it's successor, legislation cannot be struck down by a higher body such as the supreme court
What is the Rule of Law?
Everyone is entitled to a fair trial and should not be imprisoned without due process, all must obey the law and are equal under it - under ROL everyone is equal
Tony Blair (2006 - 07 ) - example of how everyone is held accountable under the Rule of Law
2006-07 - Tony Blair was interviewed under caution by the police and was questioned three times as a witness
Broke the 1925 Honours (Prevention of Abuses) Act respectively
Ruth Turner (close aide) - arrested
Labour’s chief fundraiser Michael Levy (‘Blair’s cash point’) - arrested
This was under the Cash for Honours scandal - 2006 - 7 concerning the connection between political donations and the award of life peerages
Example of how PM’s are held accountable under Rule of Law - Boris Johnson
Partygate - first reporting November 2021 by the Daily Mirror of 10 Downing Street staff gatherings during the 2020 Christmas season
Boris Johnson - first PM to be questioned under caution by Police since Tony Blair
Metropolitan Police - as part of its investigation into allegations of 12 events in breach of coronavirus rules - six of which Mr Johnson is reported to have attended
This was done through ‘written statements under caution’
Significance ?
Tony Blair said he would ‘resign in such event’ when questioned by police during the cash for honours scandal in 2007
Recall of MP's Act (2015)
The act introduced a process by which an MP can lose their seat in the House of Commons if there is a successful petition to recall them
MP Recall Act 2015 in practice - Christopher Davies (2019)
Tory MP convicted of expenses fraud
more than 10,000 voters in Chris Davies Brecon and Radnorshire seat backed the move - exceeded the required 5,303 voters
There was then a by election in the seat.
Davies admitted that in March 2016 he made a claim under the MP’s allowances scheme and provided an invoice that he knew to be ‘false or misleading’
Five main sources of the UK constitution
- statute law
- common law
- conventions
- authoritative works
- treaties (inc European union law)
Define Statute Law
Law made by UK Parliament , all acts start as bills introduces in either the Commons or the Lords
One of the most important sources of the UK constitution , as statute law overrides other laws because of parliamentary sovereignty
When a bill has been agreed by both Houses of Parliament and has been given Royal Assent by the Monarch it becomes an Act
European Community Act 1972 - Example of Statute Law
The European Communities Act 1972 - the piece of legislation that brought the UK into the European Union ; it gives EU law supremacy over UK national law.
Define Convention
A practice which is followed , not technically binding , the passing of a statute law could easily overrule a convention
Salisbury Convention
The Convention ensures that major government bills can get through the Lords when the Government of the day has no majority in the House of Lords .
This meant that the House of Lords would not vote at the 2nd or 3rd reading against any bill that was outlined in the Government’s manifesto
In Practice , this meant that bills in the governments manifesto were very likely to become Acts of Parliament
Sewel Convention (1999)
The UK Parliament ‘will not normally legislate with regard to devolved matters without the consent’ of the devolved legislatures. This convention applies when UK legislation:
changes the law in a devolved area of competence
alters the legislative competence of a devolved legislature
Significance?
The Sewel Convention is not legally binding . It was put into law in the Scotland Act 2016 and the Wales Act 2017
Supreme Court judgement on Scottish Independence Referendum (November 2022) - example of how Sewel Convention is not legally binding
November 2022 - Supreme Court rules that the Scottish Parliament does not have the power to legislate for a referendum on Scottish independence
Significance ?
The SC judgement reinforces the Supreme Court statement in 2017 that since the Sewel Convention remains just a political convention , ‘policing the scope and manner of its operation does not lie within the constitutional remit of the judiciary’
This means that devolved governments cannot turn to the courts to enforce the legislative consent convention - UK parliament can pass bills without devolved consent
Example of a convention being ignored resulting in constitutional crisis - People’s Budget 1909
The People's Budget - the House of Lords refused to vote for the people’s budget
Resulted in a major constitutional crisis resulting in the Parliament Act 1911
This meant that House of Lords could only delay legislation for two years.
Common Law
Operates a common law system which combines the passing of legislation but also the creation of precedents through case law
‘Judge - made law’
An example of common law?
Entick V Carrington
laid down that public officials have no right to search the home of civilians
Significance?
Established the principle that prerogative powers of the monarch and government are subordinate to the law of the land
It guarantees that government officials acting in an executive capacity ‘cannot exercise public power unless such exercise of it is authorised by some specific rule of law’.
Redefined the scope of state power and established that individuals have a basic right to privacy.
Process of passing laws in Parliament
1 - green paper report, vague and contains multiple policy options
2 - white paper, draft bill and contains concrete policy proposals
3 - first reading, a bill is formally proposed and read
4 - second reading, one of commitees of parliament take a closer look
5 - commitee stage, chairman can decide on amendments
6 - report stage
7 - third reading , bill is voted, is sent to house of lords for pingponging if successful
8 - goes back and forth which is known as pingponging and both houses can make amendments , finally is sent for royal assent
What are authoritative works?
Works written by experts describing how a political system is run, which are not legally binding but are taken as significant guides.
Example of Authoritative Works
An example is Erskine May - considered to be the authoritative guide to parliamentary procedure
‘Erskine May Parliamentary Practice’ often referred to as ‘the bible of parliamentary procedure’ is both an iconic and practical publication
The speaker regularly cites Erskine May in his rulings and it is often referred to during debate in the Commons
Examples of referendums which have made constitutional amendments
AV referendum 2011 (67.9% in favour of retaining first past the post)
Scottish independence Referendum 2014 ( 55% in favour of remaining in the UK)
European Union Referendum 2016 (51.8% in favour of brexit)
Define Royal Prerogative
key convention - counts as a source of the british constitution
rp powers are powers traditionally held by the monarch but are now in effect
exercised by govt and ministers
RP powers are not subject to clear scrutiny by parliament - give an example
