The Constitution

Define 'constitution'.

Define 'constitution'.

A document that determines where power is located within a nation state and the rules by which it is governed. It also establishes the extent of the government's authority and the rights of its citizens.

What kind of constitution does the UK have?

Uncodified and unentrenched.

What events have helped develop the constitution?

• Magna Carta (1215)

• The Bill of Rights (1689)

• Act of Settlement (1701)

• Act of Union (1707)

• Parliament Acts (1911 & 1949)

• European Communities Act (1972)

• Devolution (1997)

• Brexit (2016)

What are the 'twin pillars' of the UK constitution?

Parliament is the supreme law-making body and that government must be according to the rule of law.

Explain how UK citizens rights are seen.

As negative rights, we are free to do whatever has not been forbidden by Parliament.

What are our civil liberties protected by?

• The principle that the government should act according to the rule of law.

• The independence of the judiciary from the government and the way in which judges interpret the law according to the principles of natural justice.

What did Thomas Paine say about the rule of law?

‘For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other.’

What is the state difference between the UK and the US?

The UK is a unitary state whereas the US is a federal state. Devolution challenges the UK’s status as a unitary state.

What are the main sources of the UK constitution?

• Statute law

• Common law

• Conventions

• Landmark decisions

• Authoritative works

• Treaties

What is statute law?

A parliamentary bill that has been approved by both houses of parliament and then given royal assent.

An example of statute law.

Parliament Act 1911.

It removed the House of Lords right to veto.

What are 3 acts that have led to the development of the British constitution?

• Human Rights Act 1998

• Equality Act 2010

• Marriage Act 2013

What is common law?

It refers to the judgements made by judges in important legal cases. It sets precedents to be followed in future cases.

What are 2 landmark common law cases?

• Somerset v Stewart (1772) - Slavery

• R v R (1991) - Marraige rape

Define ‘conventions’

The accustomed way in which political activity is carried out.

An example of a convention.

The Salisbury Convention.

The HoL does not oppose the second or third reading of legislation that was in the winning party’s manifesto.

An example of a landmark decision.

Magna Carta (1215).

An example of an authoritative work.

Introduction to the Law of the Constitution - A.V. Dicey.

An example of a treaty.

The 1972 European Communities Act.

It meant that the UK accepted the Treaty of Accession which PM Heath had negotiated. It made us a signatory to the 1957 Treaty of Rome and the UK had to accept European Community law.

What did Blair believe about politics when he came to power?

He believed that power was too centralised in Westminster and rights were insufficiently protected. The constitution desperately needed reform, and the public was severely disengaged from politics.

What years were Blair’s government in power?

1997 - 2010

Blair quote about reformation of the constitution.

‘Modernisation is the key’

How did Blair’s Government devolve/decentralise power?

Flagship constitution reform in 1997.

In ‘97, Blair granted Scotland and Wales referendums to see if they wanted their own governing bodies with some devolved power. Scotland voted yes by a large majority whilst Wales voted yes by a tiny margin.

In ‘98, Northern Ireland voted in favour of power sharing between unionists and republicans in a devolved assembly, as part of the Good Friday Agreement.

The Local Government Act of 2000 enabled local authorities to offer their voters a referendum over whether they wanted their own directly elected mayors.

What House of Lords Reform did Blair’s Government do?

In 1999, the House of Lords had 1,330 peers with the majority of them being hereditary. Blair limited the amount of hereditary peers to 92, establishing that when 1 dies, another 1 is elected (the only democratic element).

In 2000, a House of Lords Appointment Commission (HOLAC) was established to nominate crossbench life peers.

What are some criticisms of Blair’s HoL reforms?

• No elected element introduced.

• The HoL stills lacks democratic legitimacy.

• If both houses were able to claim legitimacy, there would be potential for gridlock if they disagreed.

• Long serving Prime Ministers can have a dramatic impact on the House of Lords after they retire.

Blair’s appointments to the House of Lords.

Conservative - 62

Crossbench - 91

Labour - 162

Liberal Democrat - 54

Cameron’s (2010 - 16) appointments the the House of Lords.

Conservative - 110

Crossbench - 25

Labour - 55

Liberal Democrat - 51

Johnson’s (2019 - 22) appointments the the House of Lords.

Conservative - 42

Crossbench - 17

Labour - 13

Liberal Democrat - 0

What Electoral reforms did Blair’s government do?

Roy Jenkins investigated and reported that an alternative vote (AV) system should replace FPTP. Labour suggested that the Scottish Parliament and Welsh Assembly should use the additional member system (AMS), the Northern Ireland Assembly should use the single transferable vote (STV) vote, and the London Assembly should use the supplementary vote (SV) system. Ultimately, no reforms took place.

An example of Blair’s government overruling the HRA.

The Belmarsh case (2004)

Post 9/11, Blair suspended Article 5 and enacted the 2001 Anti-terrorism, Crime, and Security Act.

What is article 5 of the HRA?

The right to liberty and security. - No one can be detained without probable suspicion.

How did Blair’s government reform the supreme court?

Constitution Reform Act (2005).

It ended the House of Lord judicial function, replacing it with the Supreme Court, ensuring a separation of powers. The JAC (Judicial Appointment Commision) know appoints the judges and the Lord Chancellor no longer presides over the House of Lords.

What years did we have a coalition government?

2010 - 2015

Who formed the coalition government?

Liberal Democrats - Clegg (Deputy PM)

Conservatives - Cameron (PM)

Fixed-term Parliaments Act (2011).

It legislated that a general election should be held exactly 5 years after the last one held. It allowed for a general election before if the government lost a vote of confidence and a new government with the confidence of the House of Commons cannot be established, or of a two-thirds majority of the HoC agrees to a general election.

Examples of PMs losing votes of confidence.

2017 - Theresa May

2019 - Boris Johnson

When was the Fixed-term Parliaments Act repealed?

2022

Explain the 2014 House of Lords Reform Act.

Allowed life peers to resign or be removed if they fail to attend.

How did the coalition government further devolution?

They held a 2011 referendum where Wales favoured its assembly having more primary legislative powers in some areas.

What year did conservatives gain leadership?

2015

What major reforms have the conservative governments done since 2015?

• An increased amount of mayors.

• Ensured Brexit referendum was ‘in/out’.

• Legislative Grand Committee was established and consent was necessary for England legislation (EVEL).

• EVEL was introduced in 2015 and abolished in 2021

Scotland’s vote for devolution in ‘97.

74.3% in favour.

Wales’s votes for devolution in ‘97.

50.3% in favour.

How does devolution challenge the UK?

It challenges it’s unitary state position as increased devolution runs the risk of the UK becoming a quasi-federal state with each nation controlling their own, much like the US.

How has Scottish devolution challenged the UK as a unitary state?

In the 2011 Holyrood election, the SNP replaced Labour as the dominant party in Scotland.

What legislative powers did the 1998 Scotland Act give?

• Housing

• Law and order

• Local government

• Environment

• Income tax-varying powers of 3p in the pound

• Education

• Health

What did the 2012 Scotland Act do?

Increased tax-varying powers to 10p in the pound, and authorised the Scottish government’s ability to borrow up to £5 billion.

What did the 2014 IndyRef do?

Established the Smith Commission.

What did the 2016 Scotland Act do?

Transferred more reserved powers over a wide range of domestic ares. Scottish parliament and the executive became permanent features of the UK constitution.

Devolutions impact on Scotland.

It has enabled Scotland to develop its own approach to important domestic questions.

• Free prescriptions since 2011

• Smoking ban in public spaces since 2006

• 16 voting age

How did Covid-19 impact the union?

It highlighted that devolution is encouraging a Scottish separate identity and weakened the union.

SNP and Labour MSPs in Holyrood in 2021.

SNP - 64

Labour - 22

Andrew Marr quote about the union.

England and Scotland have become ‘like a piece of pizza which is being pulled apart and only connected by strings of molten cheese.’

How has Wales been impacted in devolution?

Significantly less than Scotland or Northern Ireland, most likely since it was absorbed into the union in the medieval periods so, therefore, didn’t get a chance to develop a distinct legal system.

What is the political climate in Wales?

Labour has firm roots in South Wales.

Plaid Cymru has firm roots in North Wales.

Labours strong position in English-speaking parts of Wales has limited the progression of nationalism.

1997 Wales referendum results.

It established a National Assembly and executive with administrative powers but no legislative powers. Essentially, they could interpret the law however they wanted, but not make any.

The 2006 Government of Wales Act.

It separated the executive from the legislature, and gave limited powers of primary legislation and provided for another referendum for more devolved powers.

2011 Welsh referendum results.

Turnout - 35.4%

Yes - 63.5%

No - 36.5%

2014 and 2017 Wales Acts.

Gave further devolved powers.

2014 changed the name of Welsh Assembly Government to Welsh Government, signifying a growing importance.

What happened in Welsh politics in 2020?

Welsh Assembly became known as Welsh Parliament (Senedd Cymru), highlighting its fundamental role in the UK constitution.

How has devolution helped Wales?

Wales is consistently more Labour voting than England so Labour governments in Wales have been able to introduce more left-wing legislation that better reflects the orientation of Welsh politics.

Examples of left-wing Welsh policies.

2007 - Free prescriptions.

2011 - Single-use plastic bag charge.

2019 - First country in the world to declare a ‘climate emergency’.

Has Wales supported devolution?

Despite acquiring more devolved powers, there has been no notable growth in support for independence.

2021 Senedd election results

Turnout - 46.6%

Labour - 39.9%

Conservative - 26.1%

Plaid Cymru - 20.7%

Liberal Democrats - 4.3%

Result of 1922 partition in Ireland.

Northern Ireland’s own parliament until 1972.

Why were devolved powers suspended in Northern Ireland in 1972?

Due to escalating violence because the Catholic minority felt that their rights were being ignored by the Protestant-unionist-dominated assembly so the suspension was a practical attempt to end the conflict.

What led to the 1998 Good Friday Agreement?

During the ‘90s, Major’s government opened covert negotiations with Sinn Fein to try and achieve a political settlement.

In ‘97, Blair gave the peace process renewed momentum in the Good Friday Agreement.

What did the 1998 Good Friday Agreement do?

Negotiated a power-sharing assembly that would fairly represent both unionist and nationalist sentiment.

It was strongly endorsed by the people.

Devolutions impact on Northern Ireland.

Has become inseparable from the peace process and has become based on the principle that if unionists and nationalists can work together, sectarian violence will be stopped.

Arguments against elected lords - Further reform of the HoL.

• Appointments contain experts which increases the level of scrutiny.

• Disputes between the houses means that the Commons will always prevail because they can claim democratic legitimacy.

• If both chambers are elected, there is potential for gridlock as both houses can claim legitimacy.

• If elected, main parties would dominate both chambers.

How could appointed Lords claim greater legitimacy?

If HOLAC was given the statutory right to veto inappropriate appointments.

Argument for electoral system reform.

The UK is a multiparty democracy so the electoral system should provide minority parties with fairer representation.

Example of minority parties being provided unfair representation.

In the 2015 general election, the Green party wan around 5 million votes but only secured 1 seat in HoC.

What did the Electoral Reform Society claim in 2019?

That if the general election was determined with a proportional representation system, then no party would have held majority, and a coalition would likely have been unpopular.

Example of PR not helping smaller parties in Scotland.

In the 2021 Scotland election, the Liberal Democrats achieved an average of 6% of the vote but only won 3.1% of seats at Holyrood.

Arguments for extending devolution to England.

• England is the most populous nation in the UK yet its citizens don’t have its own government.

• Devolved powers in Wales and Scotland have increased since 1999, showing how popular it has been, it seems illogical for the UK to not have this.

• Devolution has made the UK asymmetric, leading to potential resentment that England’s interests are being taken less seriously.

• There are strong senses of regional identity in parts of England which could make regional assemblies popular and relevant.

• Establishment of elected mayors show how power can be decentralised.

Arguments against extending devolution to England.

• There is little demand for it.

• An english parliament could challenge the authority of Westminster, threatening the survival of the UK.

• It could emphasise national differences, not common national values.

• It may encourage the growth of extremist political ideologies.

• The addition of another layer in democracy could create a democratic overload.

Arguments for a codified constitution.

• We are 1 of 5 countries without.

• Critics argue that rights need to be protected by an entrenched bill of rights.

• It would clarify where power lies in the UK constitution.

• The government can change the constitution to its advantage.

Arguments against a codified constitution.

• Collective rights are protected because the government can react quickly to crisis due to uncodification.

• An uncodified constitution can keep pace with social and political change because of its flexibility.

• An uncodified constitution is the most democratic as it puts power in the hands of representatives and the electorate, not unelected judges.

An example of the lack of clarity over where power lies in the UK constitution.

The Gina Miller Case - 2017.

An example of a constitution not keeping pace with social change.

The US constitution and the 2nd amendment - Gun rights.

What happened in the Gina Miller Case (2017)?

She argued that the right to invoke Article 50 did not lay with the executive.