UK Politics (Constitution)

The UK Constitution

The UK Constitution is a set of rules and principles that governs how the country is run.

What are the Historical events/laws which led to the development of the UK Constitution

• Magna Carta 1215

• Bill of Rights 1689

• Parliament Act 1911 and 1949

What was the Magna Carta (1215)?

The Magna Carta (1215) was a charter that limited the power of the English King and established principles like the rule of law

• An example of a clause within it could be Clause 39 (which is related to the idea of Habeas Corpus) which states that no free man shall be imprisoned, exiled or destroyed except by lawful judgement or the law of the land

What was the Bill of Rights (1689)?

The Bill of Rights (1689) was a key document limiting the powers of the monarchy and strengthening parliamentary authority in England.

• An example of something contained within it could be Free Elections- it is declared that elections to Parliamnet must be free, ensuring no interference from the monarchy.

What was the Parliament Acts 1911 and 1949?

The Parliament Acts of 1911 and 1949 limited the power of the House of Lords, enhancing the authority of the House of Commons

• 1911 Act: Limited the ability of the House of Lords to veto legislation completely, only allowed them to block it by 2 years

• 1949 Act: Reduced the Lords’ delay power to 1 year

What are the natures of the UK Constitution?

• Uncodified

• Unentrenched

• Unitary

How is the UK Constitution uncodified?

The UK Constitution is uncodified because it is not written in a single formal document, instead it is made up of multiple sources.

Why is it an issues if the UK Constitution is uncodified?

An uncodified constitution lacks clarity and stability, leading to ambiguity in decision-making, potential abuse of power, and conflicts over interpretation.

How is the UK Constitution unentrenched?

The UK Constitution is unentreched because it can be amended by ordinary legislation passed by Parliament. This flexibility allows easy changes.

Why is it an issue if the UK Constitution is unentrenched?

An unentrenched constitution means Parliament can easily change important laws, which could lead to abuses of power and make the system less stable for everyone.

How is the UK Constitution unitary?

The UK Constitution is unitary because sovereignty lies with the central government (Westminster), and they can override regional governments

Why is it an issue if the UK Constitution is unitary?

A unitary constitution puts gives too much power to Westminster, and Westminster could ignore the needs of local areas and limit their ability to make decisions for themselves.

What are the principles of the UK Constitution?

• Parliamentary Sovereignty

• Rule of Law

• Parliamentary Government

What is Parlimentary Sovereignty?

Parliamentary sovereignty means Parliament is the supreme legal authority in the UK. It can make, amend, or repeal any law, and no other body can override its decisions.

Evidence of Parliamentary sovereignty being upheld?

• Brexit (2016-2020): Parliament repealed the European Communties Act 1972 (gives EU law supremacy over UK national law), demonstrating its power to remove the UK’s legal obligations to the EU

3 ways Parliamentary sovereignty is reflected in the UK Constitution?

• Supremacy of State Law: (Laws passed by Parliament override all other forms of law, including common law and constitutional conventions)

• No Parliment can constrain its Successors: Future Parliaments can repeal or amend any law made by a previous Parliament (e.g. repealing the Fixed-Term Parliament Act 2011 with The Dissolution and Calling of Parliament Act 2022)

• Legislation Cannot be overturned by Courts: Courts must enforce parliamentary statutes, even if they conflict with common law or rights

What is Rule of Law?

Rule of law is the principle that everyone, including government officials, must obey the law, and everyone is treated equal under it

Evidence of Rule of Law being upheld?

• Miller v. Prime Minister (2019): The UK Supreme Court ruled that the Prime Minister’s advice to prorogue Parliament for 5 weeks was unlawful, as it had an extreme effect on the ability of Parliment to carry out its constitutional functions.

3 ways Rule of Law is reflected in the UK Constitution?

• Equal Access to Justice: (Through public defender systems)

• Indeprendent Judiciary: (The judiciary is separate from the government)

• Legal Accountability: (Actions by public officials can be challenged in court)

What is Parliamentary Government?

Parliamentary government means that the Prime Minister and their Cabinet are chosen from the Parliament. This system makes sure the government is closely linked to and accountable to Parliament

Evidence of Parlimentary Government being upheld?

• PMQ’s, the Prime Minister must answer questions from Members of Parliament, ensuring accountability for government actions.

3 ways Parliamentary Government is reflected in the UK Constitution?

• Prime Minister and Cabinet

• Confidence Realtionship

• Parliamentary Sovereignty

What are the sources of the UK Constitution?

• Common Law

• Statue Law

• Royal Prerogative

• Treaties

• Conventions

• Authoritative Works

What is Common Law?

A system of law based on judicial decisions and precedents.

What is an example of Common Law?

• R v. R (1991): This stated that a man could now be convicted of raping his wife, which overturned the common consensus that marriage implied consent

What is Statute Law?

Statute law is written law made by Parliament. It’s the highest form of law in the UK

What is an example of Statute Law?

• Human Rights Act 1998- This is because it was passed by the Labour Governement as an official Act of Parliament

What is Royal Prerogrative?

Royal Prerogrative refers to the formal powers of the monarch which are now delegated to the PM and the government

What is an example of Royal Prerogrative?

• An example could be the UK governments decision to deploy military forces to Iraq in 2003. This was done without requiring a formal vote in Parliament

What are Treaties?

Treaties are written agreements between 2 or more political entities

What is an example of a Treaty?

• An example could be The Good Friday Agreement (1998)- This agreement ended the conflict in Northern Ireland, establishing power-sharing and fostering peace between the nationalist and unionist communties.

What are Conventions?

Conventions are unwritten rules and practices followed by members of Parliament

What is an example of a Convention?

• The Prime Minister has to come from the House of Commons, which is a democratically elected house of UK Parliament

What are Authoriatative Works?

Authoriatative works are trusted books or sources which provide guidance for areas such as parliamentary procedures and responsibilites of governments and ministers

Example of Authoriative Works?

• A.V Diceys- ‘Introduction to the Study of the Law of Constitution’: This establised Parliamentary Sovereignty and Rule of Law as the key principles which the UK Constitution must adhere to to run effectively

Who brought in the post 1997 reforms?

• Tony Blair

What were the 4 main objectives of the post 1997 reforms?

• Modernisation

• Democratisation

• Decentralisation

• Human Rights Protections

What is modernisation?

Modernisation refers to the updating and improving of outdated and ineffiicient systems.

3 examples of Modernisation Reforms?

• House of Lords Act 1999

• House of Lords Reform Bill 2012

• House of Lords Reform Act 2014

What was the House of Lords Act 1999 (Modernisation)?

• The House of Lords Act 1999 reduced the number of hereditary peers in the House. (92 hereditary peers out of 700 members remained in 1999)

What was the House of Lords Reform Bill 2012 (Modernisation)?

• The House of Lords Reform Bill 2012 aimed to completely remove all hereditary peers from the House of Lords and make the house 80% elected and 20% nominated. However this bill was unsuccessful as it was rejected by 91 conservative backbench MPS

What was the House of Lords Refrom Act 2014 (Modernisation)?

• The House of Lords Reform Act 2014 allowed existing peers to resign/retire from their seats in the Lords, and permitted the removal of convicted serious offences and non attendance. By 2022 8 peers had been removed for non attendance and 146 had chosen to retire.

What is Democratisation?

Democratisation refers to making the UK political system more democratic, like increasing elected positions and improving citizen representation

3 examples of Democratisation Reforms?

• Fixed Term Parliament Act 2011

• Greater London Authority Act 1999

• Recall of MPs Act 2015

What was the Fixed Term Parliament Act 2011 (Democratisation)?

• The Fixed Term Parliament Act 2011 set UK general elections to occur every 5 years, limiting the Prime Minister’s power to call an election early. However exceptions of this act include 2/3 majority of those in Parliament agreeing to an earlier elections.

• Boris tried to circumvent this Act with the Early Parliamentary General Election Act which was passed in 2019

• The Fixed Term Parliament Act was formally revoked in 2022

What was the Greater London Authority Act 1999? (Democratisation)?

• The Greater London Authority Act 1999 created the Greater London Authority, which included a directly elected Mayor of London and a London Assembly to oversee city-wide issues like transport, policing and planning.

• Evidence of this could be Sadiq Khan’s usage of powers under the Act to implement policies like ULEZ to tackle air pollution in London

What is the Recall of MPs Act 2015 (Democratisation)?

• The Recall of MP’s Act 2015 allowed voters to remove and MP and trigger a by-election if the MP was convicted of a crime, suspended from Parliament for misconduct, or found guility of falsifying expenses. At least 10% of local voters must sign the petition for this to happen

• A key example could be Fiona Onasanya who was convicted for perverting the course of justice for lying about a speeding offence

What is Decentralisation?

Decentralisation is the process of transferring powers and responsibilites from a central government to a regional or local government

3 examples of Decentralisation?

• Scotland Act 1998

• Government of Wales Act 1998

• Localism Act 2011

What was the Scotland Act 1998 (Decentralisation)?

• The Scotland Act 1998 established the Scottish Parliament, granting it powers over areas like health, education and justice.

• Section 28 states that the Parliament may make laws to be known as Acts of Scottish Parliament

What was the Government of Wales Act 1998 (Decentralisation)?

• The Government of Wales Act 1998 created the Welsh Assembly, giving Wales legislative powers and administrative control over specific policy areas

• Section 86 talks about how Westminster have the provision to make amendments to the Government of Wales Act 1998

What was the Localism Act 2011? (Decentralisation)?

• The Localism Act 2011 empowered local councils in England with greater decision-making authority, including control over housing, planning and community service.

• Section 77 recites the Community Right to Buy which gives local communities the opportunity to putchase loal assets that are deemed as important to the communities social well being

What is Human Rights Protection?

Human Rights Protections refer to the safeguarding of indivdual and collective rights from the infrigement of governments, organisations and other individuals through strenghting the judiciary.

3 examples of Human Rights Protections?

• Human Rights Act 1998

• Freedom of Information Act 2000

• Data Protection Act 2018

What is the Human Rights Act 1998 (Human Rights Protection)?

• The Human Rights Act 1998 is a UK law which ensures everyone’s basic rights, like free speech and fairness, are protected by letting people challenge abuses in UK courts. This incorporated the ECHR into UK Law

• An example of a law withing this could be Article 3: Freedom from Torture and Inhuman or Degrading Treatment

What is the Freedom of Information Act 2000 (Human Rights Protection)?

• The Freedom of Information Act 2000 lets people access information held by public authorities, promoting transparency and accountability in government and public services

• An example of this being used could be in 2004 when Heather Brooke first began her campaign to access MP’s expenses, however full details were published in 2009 to the Daily Mail.

What is the Data Protection Act 2018 (Human Rights Protection)?

• The Data Protection Act 2018 is a UK law that controls how personal information about you is collected, stored and used, ensuring your privacy is respected and giving you rights over your data.

• An example of a law within this act could be Section 17- the right to be forgotten- if you no longer want a website to hold your data you can tell them to remove it

What are 3 advantages of a codified constitution?

• Clarity

• Protection of Rights

• Accountability

How does a codified constitution ensure clarity?

• A codified constitution provides clear, written rules that everyone can understand and follow, avoiding confusion over rights and powers

How does a codified constitution protect rights?

• A codified constitution would offer stronger, more consistent protection for individual rights, ensuring they cannot be easily changed by politicians

How does a codified constitution ensure accountability?

• A codified constitution can limit government power and hold public authorities more accountable, preventing abuses and ensuring a fairer system

Give me an example of a lack of clarity from our current constitution?

• The prorogation of Parliament in 2019 before the Brexit deadline caused confusion and legal challenges. The lack of clear constitutional rules about the limits of executive power led to a Supreme Court ruling that the prorogration was unlawful

Give me an example of how the current constitution has failed to protect rights?

• The Human Rights Act 1998 provides protections, but it can be overriden by Parliament, and courts can only issue ‘declarations of incompatibility’ rather than enforce to change laws

Give me an example of a lack of accountability from our current constitution?

• 2010-2015 MP expenses scandal- MPs were found to have misued taxpayer money for personal expenses, like luxury goods and home renovations. The lack of clear rules and accountability meant it took a long time for the public to find out.

3 disadvantages of a codified constitution?

• Inflexibility

• Judicial Power

• Complex

How is a codified constitution inflexible?

• A codified constitution can be harder to change, making it difficult to adapt quickly to new challenges or evolving societal values

How does a codified constitution empower the judiciary excessively?

• A codified constitution leads to judges gaining too much influence by intrepreting the constitution, potentially undermining democratic decisions made by elected representatives.

How is a codified constitution complex?

• Writing and agreeing on a codified constitution would be a long and disputatious process, especially in a diverse and politically divided society like the UK

Give an example where the flexibility of our current constitution is shown?

• The creation of the Coronavirus Act 2020. During the pandemic, Parliament quickly passed this legislation to grant emergency powers, enabling the government to respond rapidly to the crisis. In a codified system, making such changes would have taken a lengthy amount of time and that would have been inefficient during a crisis like COVID

Give an example where the power of the judiciary is limited due to our current constitution?

• Only Parliament can pass laws, not them. They can only make officials declarations when they disagree with laws Parliament have passed. e.g. declarations of incompatibility when it comes to infrigement of rights in HRA

Give an example where our current constitution isn’t seen as complex?

• The formation of government after a general election. The monarch invites the leader of the party with the most seats in the House of Commons to form a government

3 reasons why a British Bill of Rights is necessary?

• Clarity- Clearly defines rights in UK law, making them easier to understand and enforce

• Sovereignty- Reduces reliance on European courts, giving UK courts more control over rights issues

• Tailored- Adapts rights to UK-specific needs, balancing freedoms like speech and privacy better

Give an example of the HRA 1998 failing in terms of clarity?

• Abu Qatada case- the government struggled to deport the terror suspect because the courts ruled it could breach his Article 6 right to a fair trial if evidence obtained through torture was used against him in Jordan

Give an example of the HRA 1998 failing in terms of sovereignty?

• Prisoner voting rights- the European Court of Human rights ruled that the UK’s blanket ban on prisoners voting was unlawful under the HRA, as it violated he right to free elections. Many in the UK felt this undermined Parliament’s authority to decide its own voting laws.

Give an example of the HRA 1998 failing in terms tailoring?

• Nicklinson v Ministry of Justice (2014)- The UK Supreme Court ruled that while the blanket ban on assisted dying interfered with Article 8 of the HRA, it was up to Parliament to decide, not the courts. This case highlighted how the HRA is limited in addressing sensitivee, UK specific issues.

What are the 3 main approaches to comparative politics?

Structural Theory- This analyses how institutions,social structures, and economic systems shape political behavior and outcomes

Rational Theory- This focuses on how individuals make political decisions based on self-interests, logic and personal benefits

Cultural Theory- Examines how beliefs, values and traditions shape political behaviour and government decisions.