Chapter 1: The consitution

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What is a Constitution

• Determines where power is located within a nation state and the rules by which it is governed

• It also establishes the extent of the governments authority and rights of its citizens

Entrenched definition

Makes constitutional rules impossible to be altered without complicated procedures requiring the agreement of more than just the legislature

Codified meaning

• Contained within one single document (not from a variety of sources)

• Entrenched

• Superior to all other law

Unitary meaning

• (In a unitary state) power is centralised

• Central government possess absolute authority

Parliamentary sovereignty meaning

• Parliament is the supreme legislative body

• Free to enact any legislation for which it have a parliamentary majority

  • As there is no higher authority to veto it

• No parliament can enact legislation that could force it’s successor to act in a certain way

• 1 of the 2 twin pillars of the constitution

Rule of law meaning

• [Principle that] The same laws apply equally to every citizen

• The government is subject to the same laws as everyone else

• 1 of the 2 twin pillars of the constitution

Statute law meaning

• Parliamentary bill that has been approved by both the houses of Parliament and then given the royal assent (Written down)

• No greater authority than statute law in the UK

How has statute law been a source of the UK constitution (3)

• Parliament act 1911

  • Removed the house of Lords right of veto

  • Asserted the primary of the commons over the lords

• Marriage act (same sex couples) 2013

  • Legalises same-sex marriage

• House of Lords Act 1999

  • Removed all but 92 hereditary peers from the house of lords - most peers would now be life peers

Conventions meaning

• The accustomed way in which political activity is carried out

• Not legally binding

• Constitutionally significant derived from tradition

How have conventions been a source of the UK constitution (3)

• Salisbury Convention:

  • HoL doesn’t oppose the second or third readily of legislation that was in the winning parties manifesto

  • Lord Salisbury (Cons leader in HoL) accepted that the HoL would not use it’s Cons majority to wreck Labours manifesto commitments since it had achieved a strong mandate in the 1945 GE

• Ministerial Code of Conduct (1977 - regularly updated)

  • Explains government ministers’ roles + circumstances in which they would be expected to resign

  • Not legally enforceable

• Parliament Consultancy over large scale commitments of British forces 2003:

  • Tony Blair allowed HoC to vote on whether to support military action against Iraq

Common law meaning

• Judgements made by judges in important legal cases

• Sometimes referred to as judge-made law

• Common law cases set precedent to be followed in future cases

How has common law been a source of the UK constitution (3)

• R v R (1991):

  • Established the principle in common law that a husband could be guilty of raping his wife

  • There had been no safeguarding against rape in marriage before this case

• Bushwell’s case (1670):

  • Landmark case protecting the independence of a jury

  • “A judge may true to open the eyes of jurors, but not lead them by the nose”

• Somerset v Stewart (1772):

  • Black slave was pardoned for escaping as there was nothing in “English statute law that justified slavery and so Somerset couldn’t be enslaved”

  • Came way before Abolition act of 1833

Authoritative works meaning

Texts of such profound and enduring political significance that they contribute to the constitution of the United Kingdom

How have authoritative works been a source of the UK constitution (4)

• Walter Bagehot “The english constitution” (1876):

  • Explains the relationship between the monarchy, the legislature and the executive

• A.V.Dicey “Introduction to the law of the constitution” (1885):

  • Explains how the British constitution rests upon the ‘twin pillars’ of parliamentary sovereignty and the rule of law

• Erksine May “Parliamentary Practice” (1844):

  • Explains how Parliament operates

  • 25th edition - 2022

  • Used in HoC 03/19 to stop T May reintroducing her Brexit deal into Parliament in an unchanged state

• Gus O’Donnell complete guide to how a coalition government should be established (2010)

Treaties meaning

Written agreement made between 2 or more political entities

How have treaties been a source of the UK constitution

• European Communities Act (1972) meant that the UK was a signatory to the Treaty of Rome and accepted all excisting European Community Law

• Uk subsequently ratified several other treaties e.g. Lisbon Treaty (2009)

• EU withdrawal Act 2020 shows that Parliament retains the right to make and repleal treaties

How did Tony Blair’s government reform the constitution

• They believed power was too centralised in Westminster and that the rights of the citizens were insufficiently protected

• Public had become disengaged from politics because of this

• “Modernisation is the key” and to “Bridge the gap between the government and the governed”

• He worked on:

  • Decentralisation: Giving power back to the people and giving Scotland and Wales their own elected govt

  • Democratisation: Greater use of referendums and HOL reform

  • Transparency: Role of the senior judiciary would be reformed and FOI act

  • Rights protection: Incorporation of ECHR into British Law

How did Tony Blair’s government reform the constitution: Devolution

• 1997: Referendums were held in Scotland and Wales

  • Scotland - large majority in favour of devolution

  • Wales - tiny margin in favour

• 1998: Northern Ireland voted in favour of power sharing between the republicans and the unionists in a devolved assembly

• This was done to create greater self determination and so that policies could be more exactly suited to the needs of the people

  • Scotland had been ruled by a conservative govt 1979-1997 when they had consistently voted Labour

  • All of Scotland voted remain in the EU referendum but had to leave

• English devolution halted after a referendum in the NE of England rejected it by 78 to 22

• Many towns, regions and cities were allowed to election their own mayors and make local government more accountable to the public

• 1998: London voted in favour of a Greater London Authority containing an mayor and assembly

• 2000: Local government act enabled local authorities to offer their voters a referendum over whether they wanted their own directly elected mayors

• Elected mayors failed to reinvigorate enthusiasm for democracy in the way it was intended

  • By 2022: Electorate had rejected the opportunity to have an elected mayor in 37 of the 54 referendums that were called

How did Tony Blair’s government reform the constitution: HOL reform

How did Tony Blair’s government reform the constitution: Electoral reform

How did Tony Blair’s government reform the constitution: Supreme Court